H.B. 24 Enrolled

HAZARDOUS WASTE FACILITIES
MANAGEMENT AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: David N. Cox
This act renumbers the sections constituting the Hazardous Waste Facilities Management
Act and makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-1-301, as last amended by Chapter 1, Laws of Utah 2000
RENUMBERS AND AMENDS:
19-9-101, (Renumbered from 17A-2-1701, as renumbered and amended by Chapter
186, Laws of Utah 1990)
19-9-102, (Renumbered from 17A-2-1702, as last amended by Chapters 5 and 112,
Laws of Utah 1991)
19-9-103, (Renumbered from 17A-2-1703, as renumbered and amended by Chapter
186, Laws of Utah 1990)
19-9-104, (Renumbered from 17A-2-1704, as last amended by Chapter 176, Laws of
Utah 2002)
19-9-105, (Renumbered from 17A-2-1705, as renumbered and amended by Chapter
186, Laws of Utah 1990)
19-9-106, (Renumbered from 17A-2-1706, as renumbered and amended by Chapter
186, Laws of Utah 1990)
19-9-107, (Renumbered from 17A-2-1707, as renumbered and amended by Chapter
186, Laws of Utah 1990)
19-9-108, (Renumbered from 17A-2-1708, as renumbered and amended by Chapter
186, Laws of Utah 1990)
19-9-109, (Renumbered from 17A-2-1709, as last amended by Chapter 1, Laws of Utah
2000)

19-9-110, (Renumbered from 17A-2-1710, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-111, (Renumbered from 17A-2-1711, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-112, (Renumbered from 17A-2-1712, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-113, (Renumbered from 17A-2-1713, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-114, (Renumbered from 17A-2-1714, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-115, (Renumbered from 17A-2-1715, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-116, (Renumbered from 17A-2-1716, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-117, (Renumbered from 17A-2-1717, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
19-9-118, (Renumbered from 17A-2-1718, as renumbered and amended by Chapter 186,
Laws of Utah 1990)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-1-301 is amended to read:
17A-1-301. Exemptions.
This part does not apply to:
(1) public transit districts established under authority of [Title 17A,] Chapter 2, Part 10,
Utah Public Transit District Act;
(2) water conservancy districts established under [Title 17A,] Chapter 2, Part 14, Water
Conservancy Districts;
(3) soil conservation districts created under the authority of [Title 17A,] Chapter 3, Part
8, Soil Conservation Districts;

- 2 -

[(4) neighborhood redevelopment agencies established under authority of Title 17A,
Chapter 2, Part 12, Utah Neighborhood Development Act;]
[(5)] (4) metropolitan water districts established under authority of [Title 17A,] Chapter
2, Part 8, Metropolitan Water District Act; and
[(6)] (5) any dependent special district established under the authority of [Title 17A,]
Chapter 3, Dependent Special Districts[; and].
[(7) a hazardous waste facilities authority established under authority of Chapter 2, Part
17, Hazardous Waste Facilities Management Act.]
Section 2. Section 19-9-101 , which is renumbered from Section 17A-2-1701 is
renumbered and amended to read:
CHAPTER 9. HAZARDOUS WASTE FACILITIES MANAGEMENT ACT
[17A-2-1701]. 19-9-101. Title.
This [act shall be] chapter is known [and may be cited] as the "Hazardous Waste
Facilities Management Act."
Section 3. Section 19-9-102 , which is renumbered from Section 17A-2-1702 is
renumbered and amended to read:
[17A-2-1702]. 19-9-102. Definitions.
As used in this [part] chapter:
(1) "Authority" means the Hazardous Waste Facilities Authority created pursuant to
Section [ 17A-2-1704 ] 19-9-104 .
(2) "Board" means the Solid and Hazardous Waste Control Board created pursuant to
Section 19-1-106 .
(3) "Disposal" means the final disposition of hazardous wastes into or onto the lands,
waters, and air of this state.
(4) "Hazardous [wastes] waste" [means wastes] has the same meaning as defined in
Section 19-6-102 .
(5) "Hazardous waste treatment, disposal, and storage facility" means a facility or site
used or intended to be used for the treatment, storage, or disposal of hazardous waste [materials],

- 3 -

including physical, chemical, or thermal processing systems, incinerators, and secure landfills.
(6) "Obligations" means any notes, debentures, interim certificates, mortgage certificates,
revenue bonds, or other evidence of financial indebtedness, but does not mean any general
obligation bonds.
(7) "Site" means land used for the treatment, disposal, or storage of hazardous [wastes]
waste.
(8) "Storage" means the containment of hazardous [wastes] waste for a period of more
than 90 days.
(9) "Treatment" means any method, technique, or process designed to change the
physical, chemical, or biological character or composition of any hazardous waste to neutralize or
render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to
another usable material, or reduced in volume and suitable for ultimate disposal.
Section 4. Section 19-9-103 , which is renumbered from Section 17A-2-1703 is
renumbered and amended to read:
[17A-2-1703]. 19-9-103. Petition for creation of hazardous waste facilities
authority -- Recommendation to governor -- Action by governor.
(1) Any person who believes that the treatment, storage, and disposal of hazardous
[wastes] waste within the state are not being adequately serviced by private industry may file a
petition with the [committee] board seeking the creation and establishment of a hazardous waste
facilities authority.
(2) The petition shall be signed by the petitioner and set forth with particularity the
reasons petitioner is relying upon in support of the petitioner's conclusion that the hazardous
waste needs are not being satisfied.
(3) Upon the receipt of a petition, and after such public notice of the date and place of
hearing as the [committee deems] board considers appropriate is given, the [committee] board
shall conduct at least one public hearing on the issues raised by the petitioner.
(4) At the conclusion of the hearing or hearings, the [committee] board shall approve or
disapprove the petition. The action of the [committee] board shall be supported by written

- 4 -

findings of fact which shall be served upon the petitioner by certified mail.
(5) If the [committee] board approves the petition, it shall make a written
recommendation to the governor that action be taken to create and establish the authority. The
governor, within 30 days after receipt of the recommendation, shall affirm it or remand the
recommendation to the [committee] board for its reconsideration.
(6) If the recommendation is remanded, the [committee] board shall reconsider its action
and either reapprove or disapprove the petition. If the petition is reapproved, it shall forward a
notice of its reapproval to the governor who shall proceed to create and establish the authority;
otherwise, the [committee] board shall forward notice of its disapproval to the petitioner by
certified mail.
Section 5. Section 19-9-104 , which is renumbered from Section 17A-2-1704 is
renumbered and amended to read:
[17A-2-1704]. 19-9-104. Creation of authority -- Members.
(1) (a) The authority comprises ten members. If the requirements of Section
[ 17A-2-1703 ] 19-9-103 are met, the governor shall, with the consent of the Senate, appoint six
members of the authority from the public-at-large.
(b) The remaining four members of the authority are:
(i) the executive director of the Department of Environmental Quality;
(ii) the executive director of the Department of Community and Economic Development;
(iii) the executive director of the Department of Natural Resources; and
(iv) the executive director of the Department of Transportation.
(2) Public-at-large members, no more than three of whom shall be from the same
political party, shall be appointed to six-year terms of office, subject to removal by the governor
with or without cause.
(3) The governor shall name one public-at-large member as chairman of the authority
responsible for the call and conduct of authority meetings.
(4) The authority may elect other officers as necessary.
(5) Five members of the authority present at a properly noticed meeting constitute a

- 5 -

quorum for the transaction of official authority business.
(6) Public-at-large members are entitled to per diem and expenses for each day devoted
to authority business at the rates established by the director of the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
Section 6. Section 19-9-105 , which is renumbered from Section 17A-2-1705 is
renumbered and amended to read:
[17A-2-1705]. 19-9-105. Powers of authority.
The authority is a body corporate and politic that may:
(1) sue and be sued in its own name;
(2) have a seal and alter the seal at will;
(3) borrow money and issue obligations, including refunding obligations, and provide for
the rights of holders of those obligations;
(4) establish hazardous waste treatment, disposal, or storage surcharge schedules for
facilities operated by, or under authority of, the authority, and require all private facility operators
who contract with the authority to collect fees for all hazardous [wastes] waste received for
treatment, disposal, or storage by those private facilities;
(5) promulgate rules pursuant to Title 63, Chapter 46a, [the] Utah Administrative
Rulemaking Act, governing the exercise of its powers and fulfillment of its purposes;
(6) enter into contracts and leases and execute all instruments necessary, convenient, or
desirable;
(7) acquire, purchase, hold, lease, use, or dispose of any property or any interest in
property that is necessary, convenient, or desirable to carry out the purposes of this [part] chapter,
and sell, lease, transfer, and dispose of any property or interest in property at any time required in
the exercise of its power, including, but not limited to, the sale, transfer, or disposal of any
materials, substances, or sources or forms of energy derived from any activity engaged in by the
authority;
(8) contract with experts, advisers, consultants, and agents for needed services;
(9) appoint officers and employees required for the performance of its duties, and fix and

- 6 -

determine their qualifications and duties;
(10) make, or contract for, plans, surveys, and studies necessary, convenient, or desirable
to effectuate its purposes and powers and prepare any recommendations with respect to those
plans, surveys, or studies;
(11) receive and accept aid or contributions from any source, including the United States
or [this] the state, in the form of money, property, labor, or other things of value to be held, used,
and applied to carry out the purposes of this [part] chapter, subject to the conditions imposed
upon that aid or contributions consistent with this [part] chapter;
(12) enter into agreements with any department, agency, or instrumentality of the United
States or this state, or any financial institution, or contractor for the purpose of leasing and
operating any facility;
(13) consent to the modification of any obligation with the holder of that obligation, to
the extent permitted by the obligation, relating to rates of interest or to the time and payment of
any installment of principal or interest, or to the modification of any other contract, mortgage,
mortgage loan, mortgage loan commitment, or agreement of any kind to which it is a party;
(14) pledge revenues from any hazardous waste treatment, disposal, and storage facility
to secure payment of any obligations relating to that facility, including interest on, and
redemption of, those obligations;
(15) execute or cause to be executed, mortgages, trust deeds, indentures, pledge
agreements, assignments, security agreements, and financing statements that encumber property
acquired, constructed, reconstructed, renovated, or repaired with the proceeds from the sale of
such obligations;
(16) exercise the power of eminent domain;
(17) do all other things necessary to comply with the requirements of 42 U.S.C. Sections
6901-6986, the Resource Conservation and Recovery Act of 1976, and this part;
(18) contract for the construction, operation, and maintenance of hazardous waste
treatment, storage, and disposal facilities, including plants, works, instrumentalities, or parts
thereof, for the collection, conveyance, treatment, exchange, storage, and disposal of hazardous

- 7 -

[wastes] waste, subject to approval by the [committee] board; and
(19) exercise any other powers or duties necessary or appropriate to carry out and
effectuate this [part] chapter.
Section 7. Section 19-9-106 , which is renumbered from Section 17A-2-1706 is
renumbered and amended to read:
[17A-2-1706]. 19-9-106. Acquisition of sites by authority -- Property vested
in state on disincorporation of authority.
(1) The authority is authorized, pursuant to Title 78, Chapter 34, Eminent Domain, to
acquire sites sufficient in number to meet the hazardous waste treatment, storage, and disposal
needs of the state if, in the judgment of the authority, private operators are not adequately
meeting such needs. Exercise of the power of eminent domain to acquire such sites is declared to
be for a public purpose and use.
(2) Before the purchase or condemnation of any site by the authority, the [committee]
board shall certify that the site meets the standards for eventual incorporation into an approved
hazardous [wastes] waste operations plan.
(3) If the authority is disincorporated for any reason, all its property shall vest in, and
become the property of, the state, which shall succeed to all the rights and liabilities of the
authority which exist at the time of vestiture in the state.
Section 8. Section 19-9-107 , which is renumbered from Section 17A-2-1707 is
renumbered and amended to read:
[17A-2-1707]. 19-9-107. Fees.
Fees for the treatment, disposal, and storage of hazardous [wastes] waste at facilities
operated by, or under subcontract with the authority shall be set by the authority based upon the
following considerations:
(1) the quantity of hazardous [wastes] waste processed;
(2) the difficulty encountered in the treatment, disposal or storage of such [wastes] waste;
(3) the maintenance expense and the expense of other legal obligations incurred pursuant
to post-closure monitoring and liability requirements related to the long-term disposal or storage;

- 8 -

(4) the operation and maintenance expense incident to the facility and to the debt
retirement obligations of the authority; and
(5) any other considerations [deemed] that the authority considers relevant [by the
authority].
Section 9. Section 19-9-108 , which is renumbered from Section 17A-2-1708 is
renumbered and amended to read:
[17A-2-1708]. 19-9-108. Obligations of authority -- Limitation -- Issuance.
(1) All obligations of the authority shall plainly state that they are limited and that neither
the credit of the state nor its taxing authority is pledged in whole or in part in payment of such
obligations.
(2) All obligations, before issuance, shall be authorized by resolution of the authority and
may:
(a) be executed and delivered from time to time, as the authority determines;
(b) be sold at public or private sale in such manner as the authority determines;
(c) be in such form and denominations as the authority determines;
(d) be of such tenor as the authority determines;
(e) be in registered or bearer form either as to principal, interest, or both;
(f) be payable in such installments and at such times as the authority determines;
(g) be payable at such places, either within or without this state, as the authority
determines;
(h) bear interest at such rate or rates, payable at such place or places, and evidenced in
such manner, as the authority determines;
(i) be redeemable prior to maturity, with or without premium;
(j) contain any other provisions the authority [deems] considers in its best interest that
are not inconsistent with this part; and
(k) bear facsimile signatures and seals.
(3) Any or all expenses, premiums, or commissions incurred in the issuance and sale of
its obligations may be paid either from the proceeds of the sale of such obligations or from

- 9 -

revenues generated by the projects involved.
Section 10. Section 19-9-109 , which is renumbered from Section 17A-2-1709 is
renumbered and amended to read:
[17A-2-1709]. 19-9-109. Security for obligations -- Provisions of security
instruments.
(1) The principal and interest on any obligation issued pursuant to this [part] chapter
shall be secured by:
(a) a pledge and assignment of the proceeds earned by the facility built and acquired with
the proceeds of the obligations;
(b) a mortgage or trust deed on the facility built and acquired with the proceeds from the
obligations; and
(c) such other security on the facility as is deemed most advantageous by the authority.
(2) Obligations authorized for issuance under this [part] chapter and any mortgage or
other security given to secure such obligations may contain any provisions customarily contained
in security instruments, including, but not limited to:
(a) the fixing and collection of fees from the facility;
(b) the maintenance of insurance on the facility;
(c) the creation and maintenance of special funds to receive revenues earned by the
facility; and
(d) the rights and remedies available to obligation holders in the event of default.
(3) All mortgages, trust deeds, security agreements, or trust indentures on a facility shall
provide, in the event of foreclosure, that no deficiency judgment may be entered against the
authority, the state, or any of the state's political subdivisions.
(4) Any mortgage or other security instrument securing such obligations may provide
that in the event of a default in the payment of principal or interest or in the performance of any
agreement, that payment or performance may be enforced by the appointment of a receiver with
power to charge and collect fees and to apply the revenues from the facility in accordance with
the provisions of the security instrument.

- 10 -

(5) Any mortgage or other security instrument made pursuant to this [part] chapter may
also provide that in the event of default in payment or breach of a condition, that the mortgage
may be foreclosed or otherwise satisfied in any manner permitted by law, and that the trustee
under the mortgage or the holder of any obligation secured by such mortgage may, if the highest
bidder, purchase the security at foreclosure sale.
Section 11. Section 19-9-110 , which is renumbered from Section 17A-2-1710 is
renumbered and amended to read:
[17A-2-1710]. 19-9-110. Application of proceeds from sale of obligations.
Proceeds from the sale of obligations shall be applied solely to the purposes for which
they were issued. Accrued interest and premiums received upon such sale and any proceeds not
needed for the purposes for which the obligations were issued, however, shall be applied to
payment of principal or interest on such obligations.
Section 12. Section 19-9-111 , which is renumbered from Section 17A-2-1711 is
renumbered and amended to read:
[17A-2-1711]. 19-9-111. Cost of acquisition or improvement of facility.
The cost of acquisition or improvement of any facility [is deemed] shall be considered to
include:
(1) the actual cost of land acquisition and improvements to the land; and
(2) the actual cost of construction, alteration, or remodeling of a facility, including
maintenance and the cost of equipping it; the cost of architectural and engineering fees; the cost
of legal and accounting fees incurred incident to issuance of such obligations; the cost of fees for
financial advisors and printing; and the interest on such obligations for a reasonable period of
time.
Section 13. Section 19-9-112 , which is renumbered from Section 17A-2-1712 is
renumbered and amended to read:
[17A-2-1712]. 19-9-112. Validity of signatures on obligations.
If, at the time of delivery of an obligation, the member or officer who signed the
obligation no longer occupies such position, the signature or facsimile is nevertheless valid and

- 11 -

sufficient for all purposes.
Section 14. Section 19-9-113 , which is renumbered from Section 17A-2-1713 is
renumbered and amended to read:
[17A-2-1713]. 19-9-113. Obligations as negotiable instruments.
All obligations of the authority are negotiable instruments within the purpose and
meaning of [the Utah] Title 70A, Uniform Commercial Code, subject to any provision of such
obligations that relate to registration.
Section 15. Section 19-9-114 , which is renumbered from Section 17A-2-1714 is
renumbered and amended to read:
[17A-2-1714]. 19-9-114. Personal liability on obligations.
No person who executes an obligation issued pursuant to this [part] chapter is personally
liable on account of such action.
Section 16. Section 19-9-115 , which is renumbered from Section 17A-2-1715 is
renumbered and amended to read:
[17A-2-1715]. 19-9-115. Tax exemption of property, income, and obligations
of authority.
All property acquired or held by the authority is declared to be public property used for
essential public and governmental purposes. All property owned by the authority and all income
derived from it is exempt from taxation by the state or its political subdivisions. All principal
and income derived by holders of obligations issued by the authority is also exempt from taxation
by the state or its political subdivisions, except for the corporate franchise tax.
Section 17. Section 19-9-116 , which is renumbered from Section 17A-2-1716 is
renumbered and amended to read:
[17A-2-1716]. 19-9-116. Obligations as authorized investments and
securities.
Obligations issued pursuant to this [part] chapter are securities in which all persons and
organizations authorized to invest in obligations of this state may properly and legally invest.
These obligations are also declared to be securities which may properly and legally be deposited

- 12 -

with, and received by, any state, county, or municipal officer.
Section 18. Section 19-9-117 , which is renumbered from Section 17A-2-1717 is
renumbered and amended to read:
[17A-2-1717]. 19-9-117. Publication of resolution authorizing obligations --
Contesting validity -- Action to compel signing of obligations.
(1) Each resolution adopted by the authority authorizing the issuance of obligations shall
be published in a newspaper with general circulation in the state. For a period of 30 days after
the date of publication, any interested person may contest the legality of the resolution, the
obligations authorized by it, or any provision made for the security and payment of the proposed
obligations. At the expiration of the 30-day period, no person, except as otherwise provided in
Subsection (2) [of this section], has standing to contest the validity of such action.
(2) If any official required to sign obligations refuses to sign them, alleging that the
obligations are illegal, the authority may bring an original action in the state Supreme Court for a
writ of mandamus to compel the official to sign the obligations.
Section 19. Section 19-9-118 , which is renumbered from Section 17A-2-1718 is
renumbered and amended to read:
[17A-2-1718]. 19-9-118. Legal, accounting, and auditing services for
authority.
(1) The attorney general shall provide all legal services, and the state auditor, all
accounting and auditing services, for the authority without reimbursement.
(2) Subsection (1) [of this section] is inapplicable to the opinions of attorneys or
accountants necessitated before issuance of any obligations.

- 13 -