S.B. 81 Enrolled

LOCAL GOVERNMENT APPROVAL FOR SOLID
NONHAZARDOUS AND HAZARDOUS WASTE
DISPOSAL
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Beverly Ann Evans

LONG TITLE
General Description:
This bill modifies provisions of the Solid and Hazardous Waste Act.
Highlighted Provisions:
This bill:
. clarifies that local government approval of a commercial nonhazardous solid or
hazardous waste treatment or disposal facility is required before obtaining
legislative and gubernatorial approval.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-108, as last amended by Chapter 311, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 19-6-108 is amended to read:
19-6-108. New nonhazardous solid or hazardous waste operation plans for
facility or site -- Administrative and legislative approval required -- Exemptions from
legislative and gubernatorial approval -- Time periods for review -- Information required
-- Other conditions -- Revocation of approval -- Periodic review.

(1) For purposes of this section, the following items shall be treated as submission of a
new operation plan:
(a) the submission of a revised operation plan specifying a different geographic site than
a previously submitted plan;
(b) an application for modification of a commercial hazardous waste incinerator if the
construction or the modification would increase the hazardous waste incinerator capacity above
the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in the
operation plan application as of January 1, 1990, if no operation plan approval has been issued as
of January 1, 1990;
(c) an application for modification of a commercial nonhazardous solid waste incinerator
if the construction of the modification would cost 50% or more of the cost of construction of the
original incinerator or the modification would result in an increase in the capacity or throughput
of the incinerator of a cumulative total of 50% above the total capacity or throughput that was
approved in the operation plan as of January 1, 1990, or the initial approved operation plan if the
initial approval is subsequent to January 1, 1990; or
(d) an application for modification of a commercial nonhazardous solid or hazardous
waste treatment, storage, or disposal facility, other than an incinerator, if the modification would
be outside the boundaries of the property owned or controlled by the applicant, as shown in the
application or approved operation plan as of January 1, 1990, or the initial approved operation
plan if the initial approval is subsequent to January 1, 1990.
(2) Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnage
specified for the trial burn in the operation plan or the operation plan application if no operation
plan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours.
(3) (a) No person may own, construct, modify, or operate any facility or site for the
purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous
waste without first submitting and receiving the approval of the executive secretary for a
nonhazardous solid or hazardous waste operation plan for that facility or site.
(b) (i) Except for facilities that receive the following wastes solely for the purpose of

recycling, reuse, or reprocessing, no person may own, construct, modify, or operate any
commercial facility that accepts for treatment or disposal, with the intent to make a profit, any of
the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving the
approval of the executive secretary for an operation plan for that facility site.
(ii) Wastes referred to in Subsection (3)(b)(i) are:
(A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels;
(B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
(C) cement kiln dust wastes.
(c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until he
receives, in addition to and subsequent to local government approval and subsequent to the
approval required in Subsection (3)(a), approval by the governor and the Legislature.
(ii) Facilities referred to in Subsection (3)(c)(i) are:
(A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;
and
(B) except for facilities that receive the following wastes solely for the purpose of
recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas emission
control waste generated primarily from the combustion of coal or other fossil fuels; wastes from
the extraction, beneficiation, and processing of ores and minerals; or cement kiln dust wastes.
(d) No person need obtain gubernatorial or legislative approval for the construction of a
hazardous waste facility for which an operating plan has been approved by or submitted for
approval to the executive secretary under this section before April 24, 1989, and which has been
determined, on or before December 31, 1990, by the executive secretary to be complete, in
accordance with state and federal requirements for operating plans for hazardous waste facilities
even if a different geographic site is subsequently submitted.
(e) No person need obtain gubernatorial and legislative approval for the construction of a
commercial nonhazardous solid waste disposal facility for which an operation plan has been

approved by or submitted for approval to the executive secretary under this section on or before
January 1, 1990, and which, on or before December 31, 1990, the executive secretary determines
to be complete, in accordance with state and federal requirements applicable to operation plans
for nonhazardous solid waste facilities.
(f) Any person owning or operating a facility or site on or before November 19, 1980,
who has given timely notification as required by Section 3010 of the Resource Conservation and
Recovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposed
hazardous waste plan under this section for that facility or site, may continue to operate that
facility or site without violating this section until the plan is approved or disapproved under this
section.
(g) (i) The executive secretary shall suspend acceptance of further applications for a
commercial nonhazardous solid or hazardous waste facility upon a finding that he cannot
adequately oversee existing and additional facilities for permit compliance, monitoring, and
enforcement.
(ii) The executive secretary shall report any suspension to the Natural Resources,
Agriculture, and Environment Interim Committee.
(4) The executive secretary shall review each proposed nonhazardous solid or hazardous
waste operation plan to determine whether that plan complies with the provisions of this part and
the applicable rules of the board.
(5) (a) If the facility is a class I or class II facility, the executive secretary shall approve
or disapprove that plan within 270 days from the date it is submitted.
(b) Within 60 days after receipt of the plans, specifications, or other information required
by this section for a class I or II facility, the executive secretary shall determine whether the plan
is complete and contains all information necessary to process the plan for approval.
(c) (i) If the plan for a class I or II facility is determined to be complete, the executive
secretary shall issue a notice of completeness.
(ii) If the plan is determined by the executive secretary to be incomplete, he shall issue a
notice of deficiency, listing the additional information to be provided by the owner or operator to

complete the plan.
(d) The executive secretary shall review information submitted in response to a notice of
deficiency within 30 days after receipt.
(e) The following time periods may not be included in the 270 day plan review period for
a class I or II facility:
(i) time awaiting response from the owner or operator to requests for information issued
by the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;
and
(iii) time for review of the permit by other federal or state government agencies.
(6) (a) If the facility is a class III or class IV facility, the executive secretary shall approve
or disapprove that plan within 365 days from the date it is submitted.
(b) The following time periods may not be included in the 365 day review period:
(i) time awaiting response from the owner or operator to requests for information issued
by the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;
and
(iii) time for review of the permit by other federal or state government agencies.
(7) If, within 365 days after receipt of a modification plan or closure plan for any facility,
the executive secretary determines that the proposed plan, or any part of it, will not comply with
applicable rules, the executive secretary shall issue an order prohibiting any action under the
proposed plan for modification or closure in whole or in part.
(8) Any person who owns or operates a facility or site required to have an approved
hazardous waste operation plan under this section and who has pending a permit application
before the United States Environmental Protection Agency shall be treated as having an approved
plan until final administrative disposition of the permit application is made under this section,
unless the board determines that final administrative disposition of the application has not been
made because of the failure of the owner or operator to furnish any information requested, or the

facility's interim status has terminated under Section 3005 (e) of the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6925 (e).
(9) No proposed nonhazardous solid or hazardous waste operation plan may be approved
unless it contains the information that the board requires, including:
(a) estimates of the composition, quantities, and concentrations of any hazardous waste
identified under this part and the proposed treatment, storage, or disposal of it;
(b) evidence that the disposal of nonhazardous solid waste or treatment, storage, or
disposal of hazardous waste will not be done in a manner that may cause or significantly
contribute to an increase in mortality, an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard to human health or the
environment;
(c) consistent with the degree and duration of risks associated with the disposal of
nonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste,
evidence of financial responsibility in whatever form and amount that the executive secretary
determines is necessary to insure continuity of operation and that upon abandonment, cessation,
or interruption of the operation of the facility or site, all reasonable measures consistent with the
available knowledge will be taken to insure that the waste subsequent to being treated, stored, or
disposed of at the site or facility will not present a hazard to the public or the environment;
(d) evidence that the personnel employed at the facility or site have education and
training for the safe and adequate handling of nonhazardous solid or hazardous waste;
(e) plans, specifications, and other information that the executive secretary considers
relevant to determine whether the proposed nonhazardous solid or hazardous waste operation
plan will comply with this part and the rules of the board; and
(f) compliance schedules, where applicable, including schedules for corrective action or
other response measures for releases from any solid waste management unit at the facility,
regardless of the time the waste was placed in the unit.
(10) The executive secretary may not approve a commercial nonhazardous solid or
hazardous waste operation plan that meets the requirements of Subsection (9) unless it contains

the information required by the board, including:
(a) evidence that the proposed commercial facility has a proven market of nonhazardous
solid or hazardous waste, including:
(i) information on the source, quantity, and price charged for treating, storing, and
disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
(ii) a market analysis of the need for a commercial facility given existing and potential
generation of nonhazardous solid or hazardous waste in the state and regionally; and
(iii) a review of other existing and proposed commercial nonhazardous solid or
hazardous waste facilities regionally and nationally that would compete for the treatment,
storage, or disposal of the nonhazardous solid or hazardous waste;
(b) a description of the public benefits of the proposed facility, including:
(i) the need in the state for the additional capacity for the management of nonhazardous
solid or hazardous waste;
(ii) the energy and resources recoverable by the proposed facility;
(iii) the reduction of nonhazardous solid or hazardous waste management methods,
which are less suitable for the environment, that would be made possible by the proposed facility;
and
(iv) whether any other available site or method for the management of hazardous waste
would be less detrimental to the public health or safety or to the quality of the environment; and
(c) compliance history of an owner or operator of a proposed commercial nonhazardous
solid or hazardous waste treatment, storage, or disposal facility, which may be applied by the
executive secretary in a nonhazardous solid or hazardous waste operation plan decision,
including any plan conditions.
(11) The executive secretary may not approve a commercial nonhazardous solid or
hazardous waste facility operation plan unless based on the application, and in addition to the
determination required in Subsections (9) and (10), the executive secretary determines that:
(a) the probable beneficial environmental effect of the facility to the state outweighs the
probable adverse environmental effect; and

(b) there is a need for the facility to serve industry within the state.
(12) Approval of a nonhazardous solid or hazardous waste operation plan may be
revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
comply with that plan.
(13) The executive secretary shall review all approved nonhazardous solid and hazardous
waste operation plans at least once every five years.
(14) The provisions of Subsections (10) and (11) do not apply to hazardous waste
facilities in existence or to applications filed or pending in the department prior to April 24,
1989, that are determined by the executive secretary on or before December 31, 1990, to be
complete, in accordance with state and federal requirements applicable to operation plans for
hazardous waste facilities.
(15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardous
solid waste facility in existence or to an application filed or pending in the department prior to
January 1, 1990, that is determined by the executive secretary, on or before December 31, 1990,
to be complete in accordance with state and federal requirements applicable to operation plans
for nonhazardous solid waste facilities.
(16) Nonhazardous solid waste generated outside of this state that is defined as
hazardous waste in the state where it is generated and which is received for disposal in this state
shall not be disposed of at a nonhazardous waste disposal facility owned and operated by local
government or a facility under contract with a local government solely for disposal of
nonhazardous solid waste generated within the boundaries of the local government, unless
disposal is approved by the executive secretary.
(17) This section may not be construed to exempt any facility from applicable regulation
under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.