H.C.R. 3 Enrolled

RESOLUTION REGARDING WASHINGTON
COUNTY WASTE FACILITY
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bradley G. Last
Senate Sponsor: Thomas V. Hatch

LONG TITLE
General Description:
This concurrent resolution of the Legislature and the Governor gives approval for the
construction and operation of a Class VI commercial landfill to receive construction
and demolition waste. The landfill is to be known as the Purgatory Landfill and is to be
operated by ONP, LLC.
Highlighted Provisions:
This resolution:
. provides that the landfill is to be located south of Washington City in Washington
County, Utah;
. provides that the proposed landfill is to accept construction and demolition waste as
a Class VI landfill and that the landfill will place an emphasis in its operations on
recycling materials it receives;
. provides that the landfill application is currently in the statutorily required approval
process through the Department of Environmental Quality and that this process will
likely not conclude prior to the end of this 2005 General Session;
. provides that the required local government approval of the proposed facility has
been granted; and
. provides that the legislative and gubernatorial approval required by statute and as
stated in this resolution will only take effect after the end of this 2005 General
Session if the granting of approval by the Department of Environmental Quality
takes place on or before July 1, 2005.

Special Clauses:
None

Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, ONP, LLC, desires to operate a Class VI commercial landfill to receive
solely construction and demolition waste, as defined in Section 19-6-102 of the Utah Code, for
treatment, storage, or disposal;
WHEREAS, the site of the proposed landfill is located south of Washington City in
Washington County;
WHEREAS, the site of the proposed landfill is a parcel of approximately 57 acres,
located in Section 17, Township 42 South, Range 14 West, Salt Lake Baseline and Meridian of
Washington County;
WHEREAS, Section 19-6-108 of the Utah Code requires that the applicant for authority
to operate a commercial landfill must receive approval from the local government and the
applicant has received this approval;
WHEREAS, Section 19-6-108 of the Utah Code also requires that an applicant for
authority to operate a commercial landfill receive approval from the Utah State Legislature and
the Governor of Utah as a part of the approval process;
WHEREAS, Section 19-6-108 also requires that an applicant for authority to construct
and operate a commercial landfill receive approval from the executive secretary of the Solid
and Hazardous Waste Control Board within the Department of Environmental Quality prior to
receiving legislative and gubernatorial approval;
WHEREAS, ONP, LLC has submitted a proposed operation plan for a Class VI
commercial construction and demolition waste landfill to the Department of Environmental
Quality, and the Department of Environmental Quality is in the process of preparing a draft
permit to be made available for public comment as part of the approval process; and
WHEREAS, due to the time requirements of the approval process, if the Department of
Environmental Quality gives final approval for the permit to ONP, LLC, it likely will be after the

adjournment sine die of this 2005 General Session of the Legislature:
NOW, THEREFORE, BE IT RESOLVED by the Legislature, the Governor concurring
therein, that ONP, LLC, is granted approval to construct and operate a Class VI commercial
construction and demolition waste landfill at the specified site to the west of Washington City in
Washington County, State of Utah, but only subject to and contingent upon the Department of
Environmental Quality having granted final approval for having issued the permit for this landfill
on or before July 1, 2005.