S.C.R. 2

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Senate Committee Amendments 2-21-2005 rd/dsl This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 21, 2005 at 2:40 PM by rday. --> 1

RESOLUTION APPROVING CLASS V
2 LANDFILL
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ron Allen
6
7 LONG TITLE
8 General Description:
9 This concurrent resolution of the Legislature and the Governor gives approval for the
10 construction and operation of a Class V commercial nonhazardous solid waste landfill
11 in Tooele County known as the Wasatch Regional Solid Waste Landfill.
12 Highlighted Provisions:
13 This resolution:
14 . provides that the landfill:
15 . is to be operated by Wasatch Regional Solid Waste Management Corporation;
16 . is to be sited on 2,000 acres owned by the School and Institutional Trust Lands
17 Administration and optioned to Wasatch Regional Solid Waste Management
18 Corporation;
19 . is to be located in Tooele County, six miles north of I-80 on County Road 128;
20 and
21 . is to receive nonhazardous waste, including municipal waste, industrial waste,
22 construction and demolition waste, and special wastes as enumerated in the
23 operation plan;
24 S. [ . provides that an operation plan for the landfill has been submitted to the
25 Department of Environmental Quality for approval; and
26 . provides that the legislative and gubernatorial approval required by statute and
27 stated in this resolution will only take effect following the granting of approval of ] .S

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Senate Committee Amendments 2-21-2005 rd/dsl 28

S. [ an operation plan by the Department of Environmental Quality. ]
28a . provides that an operation plan for the landfill was approved by the executive
28b secretary of the Solid and Hazardous Waste Control Board; and
28c . grants approval to the Wasatch Regional Solid Waste Management Corporation
28d and the School and Institutional Trust Lands Administration for the construction and
28e operation of a Class V commercial nonhazardous solid waste landfill. .S
29 Special Clauses:
30 None
31
32 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
33 WHEREAS, the Wasatch Regional Solid Waste Management Corporation desires to
34 construct and operate a Class V commercial landfill to receive nonhazardous solid waste for
35 treatment, storage, or disposal as defined in Section 19-6-102 of the Utah Code;
36 WHEREAS, the facility is to be located on 2,000 acres currently owned by the School
37 and Institutional Trust Lands Administration and optioned to Wasatch Regional Solid Waste
38 Management Corporation;
39 WHEREAS, the site of the proposed landfill is located in Tooele County, six miles
40 north of I-80 on County Road 128;
41 WHEREAS, Wasatch Regional Solid Waste Management Corporation has been issued
42 a permit for operation of a Class I municipal solid waste disposal facility on the site that would
43 receive solely nonhazardous municipal waste under contracts with local governments;
44 WHEREAS, Section 19-6-108 of the Utah Code requires that an applicant for authority
45 to construct a commercial landfill receive approval from the Utah State Legislature and the
46 Governor of the state as a part of the approval process;
47 WHEREAS, Section 19-6-108 also requires that an applicant for authority to operate a
48 commercial landfill receive approval from the executive secretary of the Solid and Hazardous
49 Waste Control Board within the Department of Environmental Quality prior to receiving
50 legislative and gubernatorial approval;
51 WHEREAS, Wasatch Regional Solid Waste Management Corporation and the School
52 and Institutional Trust Lands Administration have submitted a proposed operation plan for the
53 Wasatch Regional Solid Waste Landfill as a Class V commercial nonhazardous solid waste
54 landfill to the Department of Environmental Quality, and S. [ the Department of Environmental
55 Quality has made a draft permit available for public comment as part of the approval process;
56 WHEREAS, the public comment period ends February 17, 2005; and ] .S

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Senate Committee Amendments 2-21-2005 rd/dsl 56a

S. the operation plan was approved by the executive secretary of the Solid and Hazardous
56b Waste Control Board on February 18, 2005 and this approval has an effective date of
56c February 18, 2005; and .S
57 WHEREAS, the proposed operation plan for the Wasatch Regional Solid Waste
58 Landfill would allow the landfill to receive nonhazardous waste, including municipal waste,

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Senate Committee Amendments 2-21-2005 rd/dsl 59

industrial waste, construction and demolition waste, and special wastes as enumerated in the
60 operation plan, and as defined in Administrative Rule R315-315, Special Waste Requirements:
61 NOW, THEREFORE, BE IT RESOLVED by the Legislature, the Governor concurring
62 therein, that Wasatch Regional Solid Waste Management Corporation and the School and
63 Institutional Trust Lands Administration be granted approval to construct and operate a Class V
64 commercial nonhazardous solid waste landfill known as Wasatch Regional Solid Waste
65 Landfill S. [ , but only subject to and contingent upon the Department of Environmental Quality
66 having granted final approval for and issuing the permit for the landfill on or before July 1,
67 2005 ] .S .

Legislative Review Note
as of 2-16-05 11:47 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel