First Substitute S.B. 24

Senator Curtis S. Bramble proposes the following substitute bill:

1 WASTE AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Curtis S. Bramble
5 Ron Allen
6 Gregory S. Bell
7 D. Chris Buttars
8 Allen M. Christensen
9 Gene Davis
10 Mike Dmitrich
11 Dan R. EastmanBeverly Ann Evans
Thomas V. Hatch
Parley G. Hellewell
John W. Hickman
Scott K. Jenkins
Sheldon L. Killpack
Peter C. KnudsonMark B. Madsen
L. Alma Mansell
Ed Mayne
Darin G. Peterson
David L. Thomas
John L. Valentine
Carlene M. Walker 12
13 LONG TITLE
14 General Description:
15 This bill modifies the Environmental Quality Code and the Radioactive Waste Tax Act
16 to amend provisions relating to waste.
17 Highlighted Provisions:
18 This bill:
19 . prohibits any entity in the state from accepting class B or C low-level radioactive
20 waste or radioactive waste having a higher radionuclide concentration than allowed
21 under existing licenses;
22 . directs the Utah member of the Northwest low-level waste compact committee not
23 to bring to the compact committee for approval and to vote against any arrangement
24 with persons outside the compact area to access a Utah facility for storage,
25 treatment, incineration, or disposal of certain low-level radioactive wastes;
26 . requires the Solid and Hazardous Waste Control Board to review and report to the
27 Legislature every five years:

28 . the adequacy of the amount of financial assurance required for closure and
29 postclosure care of a commercial hazardous waste treatment, storage, or
30 disposal facility;
31 . whether funds or financial assurance are necessary for perpetual care and
32 maintenance of a commercial hazardous waste treatment, storage, or disposal
33 facility and the adequacy of those funds or financial assurance, if found
34 necessary; and
35 . the adequacy of any funds or financial assurance required to cover certain costs;
36 . expands the scope of the Radiation Control Board's review of the Radioactive
37 Waste Perpetual Care and Maintenance Fund to include:
38 . a review of the adequacy of the fund to cover certain costs; and
39 . a review of the amount of financial assurance required for closure and
40 postclosure of a commercial radioactive waste treatment or disposal facility;
41 . increases the penalty amount per day for violating a provision of the Solid and
42 Hazardous Waste Act;
43 . provides that the owner or operator of certain waste facilities, rather than the
44 generator, is liable for certain fees;
45 . clarifies that fees for certain waste shall be determined by multiplying the fee
46 amount by the waste volume or curie calculated to the first decimal place;
47 . clarifies that certain wastes are subject to only one fee if multiple fees apply;
48 . requires the owner or operator of a facility receiving waste containing PCBs to
49 submit a form with the disposal fees and requires the Department of Environmental
50 Quality to make rules specifying the information required in the form;
51 . imposes gross receipts taxes on mixed waste disposal received from certain
52 governmental entity or agent contracts; and
53 . makes technical changes.
54 Monies Appropriated in this Bill:
55 None
56 Other Special Clauses:
57 This bill provides an immediate effective date.
58 This bill provides revisor instructions.

59 Utah Code Sections Affected:
60 AMENDS:
61 19-3-103.7, as enacted by Chapter 73, Laws of Utah 2003
62 19-3-104, as last amended by Chapter 73, Laws of Utah 2003
63 19-3-105, as last amended by Chapter 334, Laws of Utah 2004
64 19-3-106, as last amended by Chapter 295, Laws of Utah 2003
65 19-3-106.2, as enacted by Chapter 314, Laws of Utah 2001
66 19-6-113, as last amended by Chapter 198, Laws of Utah 1996
67 19-6-118, as last amended by Chapter 311, Laws of Utah 2004
68 19-6-118.5, as enacted by Chapter 200, Laws of Utah 1993
69 19-6-119, as last amended by Chapter 311, Laws of Utah 2003
70 59-24-103.5, as last amended by Chapter 334, Laws of Utah 2004
71 ENACTS:
72 19-1-307, Utah Code Annotated 1953
73 19-3-206, Utah Code Annotated 1953
74 19-6-117.5, Utah Code Annotated 1953
75
76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 19-1-307 is enacted to read:
78 19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenance
79 for hazardous waste and radioactive waste treatment and disposal facilities -- Report.
80 (1) (a) Beginning in 2006, the Solid and Hazardous Waste Control Board created in
81 Section 19-1-106 shall direct an evaluation every five years of:
82 (i) the adequacy of the amount of financial assurance required for closure and
83 postclosure care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted
84 pursuant to a hazardous waste operation plan for a commercial hazardous waste treatment,
85 storage, or disposal facility under Section 19-6-108 ; and
86 (ii) the adequacy of the amount of financial assurance or funds required for perpetual
87 care and maintenance following the closure and postclosure period of a commercial hazardous
88 waste treatment, storage, or disposal facility, if found necessary following the evaluation under
89 Subsection (1)(c).

90 (b) The evaluation shall determine:
91 (i) whether the amount of financial assurance required is adequate for closure and
92 postclosure care of hazardous waste treatment, storage, or disposal facilities;
93 (ii) whether the amount of financial assurance or funds required is adequate for
94 perpetual care and maintenance following the closure and postclosure period of a commercial
95 hazardous waste treatment, storage, or disposal facility, if found necessary following the
96 evaluation under Subsection (1)(c); and
97 (iii) the costs above the minimal maintenance and monitoring for reasonable risks that
98 may occur during closure, postclosure, and perpetual care and maintenance of commercial
99 hazardous waste treatment, storage, or disposal facilities including:
100 (A) groundwater corrective action;
101 (B) differential settlement failure; or
102 (C) major maintenance of a cell or cells.
103 (c) The Solid and Hazardous Waste Control Board shall evaluate in 2006 whether
104 financial assurance or funds are necessary for perpetual care and maintenance following the
105 closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal
106 facility to protect human health and the environment.
107 (2) (a) Beginning in 2006, the Radiation Control Board created in Section 19-1-106
108 shall direct an evaluation every five years of:
109 (i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Fund; and
110 (ii) the adequacy of the amount of financial assurance required for closure and
111 postclosure care of commercial radioactive waste treatment or disposal facilities under
112 Subsection 19-3-104 (12).
113 (b) The evaluation shall determine:
114 (i) whether the fund is adequate to provide for perpetual care and maintenance of
115 commercial radioactive waste treatment or disposal facilities;
116 (ii) whether the amount of financial assurance required is adequate to provide for
117 closure and postclosure care of commercial radioactive waste treatment or disposal facilities;
118 (iii) the costs under Subsection 19-3-106.2 (5)(b) of using the Radioactive Waste
119 Perpetual Care and Maintenance Fund during the period before the end of 100 years following
120 final closure of the facility for maintenance, monitoring, or corrective action in the event that

121 the owner or operator is unwilling or unable to carry out the duties of postclosure maintenance,
122 monitoring, or corrective action; and
123 (iv) the costs above the minimal maintenance and monitoring for reasonable risks that
124 may occur during closure, postclosure, and perpetual care and maintenance of commercial
125 radioactive waste treatment or disposal facilities including:
126 (A) groundwater corrective action;
127 (B) differential settlement failure; or
128 (C) major maintenance of a cell or cells.
129 (3) The boards under Subsections (1) and (2) shall submit a joint report on the
130 evaluations to the Legislative Management Committee on or before October 1 of the year in
131 which the report is due.
132 Section 2. Section 19-3-103.7 is amended to read:
133 19-3-103.7. Prohibition of certain radioactive wastes.
134 [On and after May 3, 2003, through February 15, 2005, there is a moratorium
135 prohibiting any entity in the state from accepting]
136 No entity may accept in the state or apply for a license to accept in the state for
137 commercial storage, decay in storage, treatment, incineration, or disposal:
138 (1) class B or class C low-level radioactive waste [for commercial storage, decay in
139 storage, treatment, incineration, or disposal.]; or
140 (2) radioactive waste having a higher radionuclide concentration than the highest
141 radionuclide concentration allowed under licenses existing on the effective date of this section
142 that have met all the requirements of Section 19-3-105 .
143 Section 3. Section 19-3-104 is amended to read:
144 19-3-104. Registration and licensing of radiation sources by department --
145 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
146 (1) As used in this section:
147 (a) "Decommissioning" includes financial assurance.
148 (b) "Source material" and "byproduct material" have the same definitions as in 42
149 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
150 (2) The board may require the registration or licensing of radiation sources that
151 constitute a significant health hazard.

152 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
153 shall be registered or licensed by the department.
154 (4) The board may make rules:
155 (a) necessary for controlling exposure to sources of radiation that constitute a
156 significant health hazard;
157 (b) to meet the requirements of federal law relating to radiation control to ensure the
158 radiation control program under this part is qualified to maintain primacy from the federal
159 government;
160 (c) to establish:
161 (i) board accreditation requirements and procedures for mammography facilities; and
162 (ii) certification procedure and qualifications for persons who survey mammography
163 equipment and oversee quality assurance practices at mammography facilities; and
164 (d) as necessary regarding the possession, use, transfer, or delivery of source and
165 byproduct material and the disposal of byproduct material to establish requirements for:
166 (i) the licensing, operation, decontamination, and decommissioning, including financial
167 assurances; and
168 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
169 activities described in this Subsection (4).
170 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
171 byproduct material and the disposal of byproduct material at uranium mills or commercial
172 waste facilities, as provided in this Subsection (5).
173 (b) On and after January 1, 2003 through March 30, 2003:
174 (i) $6,667 per month for uranium mills or commercial sites disposing of or
175 reprocessing byproduct material; and
176 (ii) $4,167 per month for those uranium mills the executive secretary has determined
177 are on standby status.
178 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
179 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
180 amendment for agreement state status for uranium recovery regulation on or before March 30,
181 2003.
182 (d) If the Nuclear Regulatory Commission does not grant the amendment for state

183 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
184 are not required to be paid until on and after the later date of:
185 (i) October 1, 2003; or
186 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
187 agreement state status for uranium recovery regulation.
188 (e) For the payment periods beginning on and after July 1, 2003, the department shall
189 establish the fees required under Subsection (5)(a) under Section 63-38-3.2 , subject to the
190 restrictions under Subsection (5)(d).
191 (f) The department shall deposit fees it receives under this Subsection (5) into the
192 Environmental Quality Restricted Account created in Section 19-1-108 .
193 (6) (a) The department shall assess fees for registration, licensing, and inspection of
194 radiation sources under this section.
195 (b) The department shall comply with the requirements of Section 63-38-3.2 in
196 assessing fees for licensure and registration.
197 (7) The department shall coordinate its activities with the Department of Health rules
198 made under Section 26-21a-203 .
199 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
200 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
201 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
202 than the corresponding federal regulations which address the same circumstances.
203 (b) In adopting those rules, the board may incorporate corresponding federal
204 regulations by reference.
205 (9) (a) The board may adopt rules more stringent than corresponding federal
206 regulations for the purpose described in Subsection (8) only if it makes a written finding after
207 public comment and hearing and based on evidence in the record that corresponding federal
208 regulations are not adequate to protect public health and the environment of the state.
209 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
210 public health and environmental information and studies contained in the record which form
211 the basis for the board's conclusion.
212 (10) (a) The board shall by rule:
213 (i) authorize independent qualified experts to conduct inspections required under this

214 chapter of x-ray facilities registered with the division; and
215 (ii) establish qualifications and certification procedures necessary for independent
216 experts to conduct these inspections.
217 (b) Independent experts under this Subsection (10) are not considered employees or
218 representatives of the division or the state when conducting the inspections.
219 (11) (a) The board may by rule establish criteria for siting commercial low-level
220 radioactive waste treatment or disposal facilities, subject to the [moratorium regarding class B
221 and C low-level radioactive waste] prohibition imposed by Section 19-3-103.7 .
222 (b) Any facility under Subsection (11)(a) for which a radioactive material license is
223 required by this section shall comply with those criteria.
224 (c) A facility may not receive a radioactive material license until siting criteria have
225 been established by the board. The criteria also apply to facilities that have applied for but not
226 received a radioactive material license.
227 (12) The board shall by rule establish financial assurance requirements for closure and
228 postclosure care of radioactive waste land disposal facilities, taking into account existing
229 financial assurance requirements.
230 Section 4. Section 19-3-105 is amended to read:
231 19-3-105. Definitions -- Legislative and gubernatorial approval required for
232 radioactive waste license -- Class B and C and other radioactive waste prohibition.
233 (1) As used in this section:
234 (a) "Alternate feed material" has the same definition as provided in Section 59-24-102 .
235 (b) (i) "Class A low-level radioactive waste" means:
236 (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
237 (B) radium-226 up to a maximum radionuclide concentration level of 10,000
238 picocuries per gram.
239 (ii) "Class A low-level radioactive waste" does not include:
240 (A) uranium mill tailings;
241 (B) naturally-occurring radioactive materials; or
242 (C) the following radionuclides if classified as "special nuclear material" under the
243 Atomic Energy Act of 1954, 42 U.S.C. 2014:
244 (I) uranium-233; and

245 (II) uranium-235 with a radionuclide concentration level greater than the concentration
246 limits for specific conditions and enrichments established by an order of the Nuclear
247 Regulatory Commission:
248 (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
249 (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
250 waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
251 nuclear material exemption order.
252 (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
253 stores, decays in storage, treats, or disposes of radioactive waste:
254 (A) commercially for profit; or
255 (B) generated at locations other than the radioactive waste facility.
256 (ii) "Radioactive waste facility" does not include a facility that receives:
257 (A) alternate feed material for reprocessing; or
258 (B) radioactive waste from a location in the state designated as a processing site under
259 42 U.S.C. 7912(f).
260 (d) "Radioactive waste license" or "license" means a radioactive material license issued
261 by the executive secretary under Subsection 19-3-108 (2)(c)(i), to own, construct, modify, or
262 operate a radioactive waste facility.
263 (2) The provisions of this section are subject to the [moratorium regarding class B and
264 C low-level radioactive waste] prohibition under Section 19-3-103.7 .
265 (3) A person may not own, construct, modify, or operate a radioactive waste facility
266 without:
267 (a) having received a radioactive waste license for the facility;
268 (b) meeting the requirements established by rule under Section 19-3-104 ;
269 (c) the approval of the governing body of the municipality or county responsible for
270 local planning and zoning where the radioactive waste is or will be located; and
271 (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
272 approval of the governor and the Legislature.
273 (4) A new radioactive waste license application, or an application to renew or amend
274 an existing radioactive waste license, is subject to the requirements of Subsections (3)(b)
275 through (d) if the application, renewal, or amendment:

276 (a) specifies a different geographic site than a previously submitted application;
277 (b) would cost 50% or more of the cost of construction of the original radioactive
278 waste facility or the modification would result in an increase in capacity or throughput of a
279 cumulative total of 50% of the total capacity or throughput which was approved in the facility
280 license as of January 1, 1990, or the initial approval facility license if the initial license
281 approval is subsequent to January 1, 1990; or
282 (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of[:
283 (i) class B or class C low-level radioactive waste; or (ii)] radioactive waste having a higher
284 radionuclide concentration limit than allowed, under an existing approved license held by the
285 facility, for the specific type of waste to be received, transferred, stored, decayed in storage,
286 treated, or disposed of.
287 (5) The requirements of Subsection (4)(c)[(ii)] do not apply to an application to renew
288 or amend an existing radioactive waste license if:
289 (a) the radioactive waste facility requesting the renewal or amendment has received a
290 license prior to January 1, 2004; and
291 (b) the application to renew or amend its license is limited to a request to approve the
292 receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
293 radioactive waste.
294 (6) A radioactive waste facility which receives a new radioactive waste license after
295 May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
296 application, renewal, or amendment that requests approval to receive, transfer, store, decay in
297 storage, treat, or dispose of radioactive waste not previously approved under an existing license
298 held by the facility.
299 (7) If the board finds that approval of additional radioactive waste license applications,
300 renewals, or amendments will result in inadequate oversight, monitoring, or licensure
301 compliance and enforcement of existing and any additional radioactive waste facilities, the
302 board shall suspend acceptance of further applications for radioactive waste licenses. The
303 board shall report the suspension to the Legislative Management Committee.
304 (8) The board shall review each proposed radioactive waste license application to
305 determine whether the application complies with the provisions of this chapter and the rules of
306 the board.

307 (9) (a) If the radioactive waste license application is determined to be complete, the
308 board shall issue a notice of completeness.
309 (b) If the board determines that the radioactive waste license application is incomplete,
310 the board shall issue a notice of deficiency, listing the additional information to be provided by
311 the applicant to complete the application.
312 Section 5. Section 19-3-106 is amended to read:
313 19-3-106. Fee for commercial radioactive waste disposal or treatment.
314 (1) (a) An owner or operator of a commercial radioactive waste treatment or disposal
315 facility that receives radioactive waste shall [collect] pay a fee [from the generator of the waste]
316 as provided in Subsection (1)(b).
317 [(b) (i) On and after July 1, 1994 through June 30, 2001, the fee is $2.50 per ton, or
318 fraction of a ton, of radioactive waste, other than byproduct material, received at the facility for
319 disposal or treatment.]
320 [(ii) On and after July 1, 2001 through June 30, 2003, the fee is equal to the sum of the
321 following amounts:]
322 [(A) 10 cents per cubic foot, or fraction of a cubic foot, of radioactive waste, other than
323 byproduct material, received at the facility for disposal or treatment; and]
324 [(B) $1 per curie, or fraction of a curie, of radioactive waste, other than byproduct
325 material, received at the facility for disposal or treatment.]
326 [(iii)] (b) (i) On and after July 1, 2003 through June 30, 2005, the fee is equal to the
327 sum of the following amounts:
328 (A) 15 cents per cubic foot, or fraction of a cubic foot, of radioactive waste, other than
329 byproduct material, received at the facility for disposal or treatment; and
330 (B) $1 per curie, or fraction of a curie, of radioactive waste, other than byproduct
331 material, received at the facility for disposal or treatment.
332 (ii) On and after July 1, 2005, the fee is equal to the sum of the following amounts:
333 (A) 15 cents per cubic foot of radioactive waste, other than 11e.(2) byproduct material,
334 received at the facility for disposal or treatment; and
335 (B) $1 per curie of radioactive waste, other than 11e.(2) byproduct material, received at
336 the facility for disposal or treatment.
337 (2) (a) The portion of the fee required under Subsection (1)(b)(ii)(A) shall be

338 calculated by multiplying the total cubic feet of waste, computed to the first decimal place,
339 received during the calendar month by 15 cents.
340 (b) The portion of the fee required in Subsection (1)(b)(ii)(B) shall be calculated by
341 multiplying the total curies of waste, computed to the first decimal place, received during the
342 calendar month by $1.
343 [(2)] (3) (a) The owner or operator shall remit the fees imposed under this section to
344 the department on or before the 15th day of the month following the month in which the fee
345 accrued.
346 (b) The department shall deposit all fees received under this section into the
347 Environmental Quality Restricted Account created in Section 19-1-108 .
348 (c) The owner or operator shall submit to the department with the payment of the fee
349 under this Subsection [(2)] (3) a completed form as prescribed by the department that provides
350 information the department requires to verify the amount of waste received and the fee amount
351 for which the owner or operator is liable.
352 [(3)] (4) The Legislature shall appropriate to the department funds to cover the cost of
353 radioactive waste disposal supervision.
354 (5) Radioactive waste that is subject to a fee under this section is not subject to a fee
355 under Section 19-6-119 .
356 Section 6. Section 19-3-106.2 is amended to read:
357 19-3-106.2. Fee for perpetual care and maintenance of commercial radioactive
358 waste disposal facilities -- Radioactive Waste Perpetual Care and Maintenance Fund
359 created -- Contents -- Use of fund monies -- Evaluation.
360 (1) As used in this section, "perpetual care and maintenance" means perpetual care and
361 maintenance of a commercial radioactive waste treatment or disposal facility, excluding sites
362 within the facility used for the disposal of byproduct material, as required by applicable laws,
363 rules, and license requirements beginning 100 years after the date of final closure of the
364 facility.
365 (2) (a) On and after July 1, 2002, the owner or operator of an active commercial
366 radioactive waste treatment or disposal facility shall pay an annual fee of $400,000 to provide
367 for the perpetual care and maintenance of the facility.
368 (b) The owner or operator shall remit the fee to the department on or before July 1.

369 (3) The department shall deposit fees received under Subsection (2) into the
370 Radioactive Waste Perpetual Care and Maintenance Fund created in Subsection (4).
371 (4) (a) There is created the Radioactive Waste Perpetual Care and Maintenance Fund to
372 finance perpetual care and maintenance of commercial radioactive waste treatment or disposal
373 facilities, excluding sites within those facilities used for the disposal of byproduct material.
374 (b) The sources of revenue for the fund are:
375 (i) the fee imposed under this section; and
376 (ii) investment income derived from money in the fund.
377 (c) (i) The revenues for the fund shall be segregated into subaccounts for each
378 commercial radioactive waste treatment or disposal facility covered by the fund.
379 (ii) Each subaccount shall contain:
380 (A) the fees paid by each owner or operator of a commercial radioactive waste
381 treatment or disposal facility; and
382 (B) the associated investment income.
383 (5) The Legislature may appropriate money from the Radioactive Waste Perpetual Care
384 and Maintenance Fund for:
385 (a) perpetual care and maintenance of a commercial radioactive waste treatment or
386 disposal facility, excluding sites within the facility used for the disposal of byproduct material,
387 beginning 100 years after the date of final closure of the facility; or
388 (b) maintenance or monitoring of, or implementing corrective action at, a commercial
389 radioactive waste treatment or disposal facility, excluding sites within the facility used for the
390 disposal of byproduct material, before the end of 100 years after the date of final closure of the
391 facility, if:
392 (i) the owner or operator is unwilling or unable to carry out postclosure maintenance,
393 monitoring, or corrective action; and
394 (ii) the financial surety arrangements made by the owner or operator, including any
395 required under applicable law, are insufficient to cover the costs of postclosure maintenance,
396 monitoring, or corrective action.
397 (6) The money appropriated from the Radioactive Waste Perpetual Care and
398 Maintenance Fund for the purposes specified in Subsection (5)(a) or (5)(b) at a particular
399 commercial radioactive waste treatment or disposal facility may be appropriated only from the

400 subaccount established under Subsection (4)(c) for the facility.
401 (7) The attorney general shall bring legal action against the owner or operator or take
402 other steps to secure the recovery or reimbursement of the costs of maintenance, monitoring, or
403 corrective action, including legal costs, incurred pursuant to Subsection (5)(b).
404 (8) [(a)] The board shall direct an evaluation of the adequacy of the [Radioactive Waste
405 Perpetual Care and Maintenance Fund every five years, beginning in 2006. The evaluation
406 shall determine whether the fund is adequate to provide for perpetual care and maintenance of
407 commercial radioactive waste treatment or disposal facilities] fund as required under Section
408 19-1-307.
409 [(b) The board shall submit a report on the evaluation to the Legislative Management
410 Committee on or before October 1 of the year in which the report is due.]
411 (9) This section does not apply to a uranium mill licensed under 10 C.F.R. Part 40,
412 Domestic Licensing of Source Material.
413 Section 7. Section 19-3-206 is enacted to read:
414 19-3-206. Direction to compact committee member.
415 The Utah compact committee member designated under Section 19-3-204 may not
416 bring to the committee for approval and shall vote to disapprove any arrangement under
417 Subsection 19-3-204 (4) for a facility to receive class B or class C low-level radioactive waste
418 for commercial storage, decay in storage, treatment, incineration, or disposal within the state.
419 Section 8. Section 19-6-113 is amended to read:
420 19-6-113. Violations -- Penalties -- Reimbursement for expenses.
421 (1) As used in this section, "RCRA" means the Resource Conservation and Recovery
422 Act, 42 U.S.C. Section 6901, et seq.
423 (2) Any person who violates any order, plan, rule, or other requirement issued or
424 adopted under this part is subject in a civil proceeding to a penalty of not more than [$10,000]
425 $13,000 per day for each day of violation.
426 (3) On or after July 1, 1990, no person shall knowingly:
427 (a) transport or cause to be transported any hazardous waste identified or listed under
428 this part to a facility that does not have a hazardous waste operation plan or permit under this
429 part or RCRA;
430 (b) treat, store, or dispose of any hazardous waste identified or listed under this part:

431 (i) without having obtained a hazardous waste operation plan or permit as required by
432 this part or RCRA;
433 (ii) in knowing violation of any material condition or requirement of a hazardous waste
434 operation plan or permit; or
435 (iii) in knowing violation of any material condition or requirement of any rules or
436 regulations under this part or RCRA;
437 (c) omit material information or make any false material statement or representation in
438 any application, label, manifest, record, report, permit, operation plan, or other document filed,
439 maintained, or used for purposes of compliance with this part or RCRA or any rules or
440 regulations made under this part or RCRA; and
441 (d) transport or cause to be transported without a manifest, any hazardous waste
442 identified or listed under this part and required by rules or regulations made under this part or
443 RCRA to be accompanied by a manifest.
444 (4) (a) (i) Any person who knowingly violates any provision of Subsection (3)(a) or (b)
445 is guilty of a felony.
446 (ii) Notwithstanding Sections 76-3-203 , 76-3-301 , and 76-3-302 , a person convicted of
447 a felony under Subsection (3)(a) or (b) is subject to a fine of not more than $50,000 for each
448 day of violation, or imprisonment for a term not to exceed five years, or both.
449 (iii) If a person is convicted of a second or subsequent violation under Subsection
450 (3)(a) or (b), the maximum punishment is double both the fine and the term of imprisonment
451 authorized in Subsection (4)(a)(ii).
452 (b) (i) Any person who knowingly violates any of the provisions of Subsection (3)(c) or
453 (d) is guilty of a felony.
454 (ii) Notwithstanding Sections 76-3-203 , 76-3-301 , and 76-3-302 , a person convicted of
455 a felony for a violation of Subsection (3)(c) or (d) is subject to a fine of not more than $50,000
456 for each day of violation, or imprisonment for a term not to exceed two years, or both.
457 (iii) If a person is convicted of a second or subsequent violation under Subsection
458 (3)(c) or (d), the maximum punishment is double both the fine and the imprisonment
459 authorized in Subsection (4)(b)(ii).
460 (c) (i) Any person who knowingly transports, treats, stores, or disposes of any
461 hazardous waste identified or listed under this part in violation of Subsection (3)(a), (b), (c), or

462 (d), who knows at that time that he thereby places another person in imminent danger of death
463 or serious bodily injury is guilty of a felony.
464 (ii) Notwithstanding Sections 76-3-203 , 76-3-301 , and 76-3-302 , a person convicted of
465 a felony described in Subsection (4)(c)(i) is subject to a fine of not more than $250,000 or
466 imprisonment for a term not to exceed 15 years, or both.
467 (iii) A corporation, association, partnership, or governmental instrumentality, upon
468 conviction of violating Subsection (4)(c)(i), is subject to a fine of not more than $1,000,000.
469 (5) (a) Except as provided in Subsections (5)(b) and (c) and Section 19-6-722 , all
470 penalties assessed and collected under authority of this section shall be deposited in the
471 General Fund.
472 (b) The department may reimburse itself and local governments from monies collected
473 from civil penalties for qualifying extraordinary expenses incurred in qualifying environmental
474 enforcement activities.
475 (c) Notwithstanding the provisions of Section 78-3-14.5 , the department may
476 reimburse itself and local governments from monies collected from criminal fines for
477 qualifying extraordinary expenses incurred in prosecutions for violations of this part.
478 (d) The department shall regulate reimbursements by making rules that define:
479 (i) qualifying environmental enforcement activities; and
480 (ii) qualifying extraordinary expenses.
481 (6) Prosecution for criminal violations of this part may be commenced by the attorney
482 general, the county attorney, or the district attorney as appropriate under Section 17-18-1 or
483 17-18-1.7 in any county where venue is proper.
484 Section 9. Section 19-6-117.5 is enacted to read:
485 19-6-117.5. Applicability of fees for treatment or disposal of waste.
486 Waste that is subject to more than one fee under Section 19-6-118 , 19-6-118.5 , or
487 19-6-119 is subject only to the highest applicable fee.
488 Section 10. Section 19-6-118 is amended to read:
489 19-6-118. Hazardous waste and treated hazardous waste disposal fees.
490 (1) (a) An owner or operator of any commercial hazardous waste or mixed waste
491 disposal or treatment facility that primarily receives hazardous or mixed wastes generated by
492 off-site sources not owned, controlled, or operated by the facility or site owner or operator, and

493 that is subject to the requirements of Section 19-6-108 , shall [collect] pay the fee under
494 Subsection (2) [from the generator].
495 (b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or
496 industrial furnace that receives for burning hazardous waste generated by off-site sources not
497 owned, controlled, or operated by the owner or operator [is subject to] shall pay the fee under
498 Subsection (2).
499 (2) (a) [The] Through June 30, 2005, the owner or operator of each facility under
500 Subsection (1) shall collect from the generators of hazardous waste and mixed waste a fee of
501 $28 per ton or fraction of a ton on all hazardous waste and mixed waste received at the facility
502 or site for disposal, treatment, or both.
503 (b) On and after July 1, 2005, the owner or operator of each facility under Subsection
504 (1) shall pay a fee of $28 per ton on all hazardous waste and mixed waste received at the
505 facility for disposal, treatment, or both.
506 (c) The fee required under Subsection (2)(b) shall be calculated by multiplying the total
507 tonnage of waste, computed to the first decimal place, received during the calendar month by
508 $28.
509 [(b)] (d) When hazardous waste or mixed waste is received at a facility for treatment or
510 disposal and the fee required under this Subsection (2) is paid for that treatment or disposal,
511 any subsequent treatment or disposal of the waste is not subject to additional fees under this
512 Subsection (2).
513 [(c)] (e) (i) On and after July 1, 1997 through June 30, 2003, and on and after April 1,
514 2004 through June 30, 2005, hazardous waste received at a land disposal facility is subject to a
515 fee of $14 per ton or fraction of a ton, rather than the $28 fee under Subsection (2)(a), if the
516 waste is treated so that it:
517 (A) meets the state treatment standards required for land disposal at the facility; or
518 (B) is no longer a hazardous waste at the time of disposal at that facility.
519 (ii) On and after July 1, 2003, through March 31, 2004, hazardous waste received at a
520 land disposal facility for treatment and disposal is subject to the $28 fee imposed under
521 Subsection (2)(a).
522 (f) (i) On and after July 1, 2005, hazardous waste received at a land disposal facility is
523 subject to a fee of $14 per ton if the waste is treated so that it:

524 (A) meets the state treatment standards required for land disposal at the facility; or
525 (B) is no longer a hazardous waste at the time of disposal at that facility.
526 (ii) The fee required under Subsection (2)(f)(i) shall be calculated by multiplying the
527 tonnage of waste, computed to the first decimal place, received during the calendar month by
528 $14.
529 [(d)] (g) (i) The department shall allocate at least 10% of the fees received from a
530 facility under this section to the county in which the facility is located.
531 (ii) The county may use fees allocated under [Subsection] Subsections (2)[(c)] (e) and
532 (f) to carry out its hazardous waste monitoring and response programs.
533 [(e)] (h) The department shall deposit the state portion of the fees received under this
534 section into the restricted account created in Section 19-1-108 .
535 (3) (a) The owner or operator shall pay the fees imposed under [Subsection (1)] this
536 section to the department on or before the 15th day of the month following the month in which
537 the fee accrued.
538 (b) With the monthly fee, the owner or operator shall submit a completed form, as
539 prescribed by the department, specifying information required by the department to verify the
540 amount of waste received and the fee amount for which the owner or operator is liable.
541 (4) (a) The department shall oversee and monitor hazardous waste treatment, disposal,
542 and incineration facilities, including federal government facilities located within the state.
543 (b) The department may determine facility oversight priorities.
544 (5) (a) The department, in preparing its budget for the governor and the Legislature,
545 shall separately indicate the amount necessary to administer the hazardous waste program
546 established by this part.
547 (b) The Legislature shall appropriate the costs of administering this program.
548 (6) The Office of Legislative Fiscal Analyst shall monitor the fees collected under this
549 part.
550 (7) Mixed waste subject to a fee under this section is not subject to a fee under Section
551 19-3-106 .
552 Section 11. Section 19-6-118.5 is amended to read:
553 19-6-118.5. PCB disposal fee.
554 (1) On and after July 1, 1993 through June 30, 2005, a fee of $4.75 per ton or fraction

555 of a ton is imposed on all wastes containing polychlorinated biphenyls (PCBs) that are
556 regulated under 15 U.S.C.A. 2605, and that are received at a facility for disposal or treatment.
557 [(2) This section regarding waste containing PCBs and the fee imposed in this section
558 is in lieu of any fee imposed on nonhazardous solid waste under Section 19-6-119 , as described
559 in Subsection (1).]
560 (2) On and after July 1, 2005, a fee of $4.75 per ton is imposed on all wastes
561 containing polychlorinated biphenyls (PCBs) that are:
562 (a) regulated under 15 U.S.C.A. 2605; and
563 (b) received at a facility for disposal or treatment.
564 (3) (a) The owner or operator of a facility receiving PCBs for disposal or treatment
565 shall pay the fees imposed under Subsection (1) or (2) to the department on or before the 15th
566 day of the calendar month following the month in which the fee accrued.
567 (b) The owner or operator shall submit a completed form, as prescribed by the
568 department, with the monthly fee under Subsection (3)(a).
569 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
570 department shall make rules specifying the information required to verify the amount of waste
571 received and the fee amount for which the owner or operator is liable on the form required
572 under Subsection (3)(b).
573 [(3)] (4) The fees collected under this section shall be managed by the same procedure
574 as under Subsection 19-6-119 (3) regarding nonhazardous solid waste.
575 [(4)] (5) The Legislature shall appropriate to the department the cost of administering
576 the program.
577 (6) Waste that is subject to a fee under this section is not subject to a fee under Section
578 19-3-106 even if the waste also contains radioactive materials.
579 Section 12. Section 19-6-119 is amended to read:
580 19-6-119. Nonhazardous solid waste disposal fee.
581 (1) (a) An owner or operator of any commercial nonhazardous solid waste disposal
582 facility or incinerator, or any commercial facility, except for facilities that receive the following
583 wastes solely for the purpose of recycling, reuse, or reprocessing, that accepts for treatment or
584 disposal, and with the intent to make a profit, fly ash waste, bottom ash waste, slag waste, or
585 flue gas emission control waste generated primarily from the combustion of coal or other fossil

586 fuels; waste from the extraction, beneficiation, and processing of ores and minerals, or cement
587 kiln dust wastes for treatment or disposal, that is required to have a plan approval under
588 Section 19-6-108 , and that primarily receives waste generated by off-site sources not owned,
589 controlled, or operated by the facility or site owner or operator, shall pay the following fees per
590 ton or fraction of a ton, on all nonhazardous solid waste that is received at the facility or site for
591 disposal:
592 [(i) on and after July 1, 1992, through June 30, 1993, a fee of $1.50 per ton or fraction
593 of a ton on all nonhazardous solid waste received at the facility or site for disposal or
594 treatment;]
595 [(ii) on and after July 1, 1993, through June 30, 1994, a fee of $2.00 per ton or fraction
596 of a ton on all nonhazardous solid waste received at the facility or site for disposal or treatment;
597 and]
598 [(iii)] (i) on and after July 1, 1994 through June 30, 2005, a fee of $2.50 per ton or
599 fraction of a ton on all nonhazardous solid waste received at the facility or site for disposal or
600 treatment[.]; and
601 (ii) on and after July 1, 2005, a fee of $2.50 per ton on all nonhazardous solid waste
602 received at the facility or site for disposal or treatment.
603 (b) When nonhazardous solid waste, fly ash waste, bottom ash waste, slag waste, or
604 flue gas emission control waste generated primarily from the combustion of coal or other fossil
605 fuels; waste from the extraction, beneficiation, and processing of ores and minerals, or cement
606 kiln dust wastes, is received at a facility for treatment or disposal and the fee required under
607 Subsection (1)(a) is paid for that treatment or disposal, any subsequent treatment or disposal of
608 the waste is not subject to additional fees under Subsection (1)(a).
609 (c) (i) On and after January 1, 2004 through June 30, 2005, an owner or operator of any
610 commercial nonhazardous solid waste disposal facility that receives only construction and
611 demolition waste shall pay a fee of 50 cents per ton, or fraction of a ton, on any construction
612 and demolition waste received at the facility or site for disposal.
613 (ii) On and after July 1, 2005, an owner or operator of any commercial nonhazardous
614 solid waste disposal facility that receives only construction and demolition waste shall pay a
615 fee of 50 cents per ton on any construction and demolition waste received at the facility or site
616 for disposal.

617 [(ii) An] (iii) Through June 30, 2005, an owner or operator of any commercial
618 nonhazardous solid waste disposal facility that receives municipal waste, including municipal
619 incinerator ash shall pay a fee of 50 cents per ton, or fraction of a ton, on all municipal waste,
620 including municipal incinerator ash, that is received at the facility or site for disposal.
621 (iv) On and after July 1, 2005, an owner or operator of any commercial nonhazardous
622 solid waste disposal facility that receives municipal waste, including municipal incinerator ash,
623 shall pay a fee of 50 cents per ton on all municipal waste, including municipal incinerator ash,
624 that is received at the facility or site for disposal.
625 [(iii)] (v) On and after January 1, 2004 through June 30, 2005, the owner or operator of
626 any facility under Subsection 19-6-102 (3)[(a)](b)(iii) shall pay a fee of 50 cents per ton, or
627 fraction of a ton, on all municipal waste received at the facility or site for disposal.
628 (vi) On and after July 1, 2005, the owner or operator of any facility under Subsection
629 19-6-102 (3)(b)(iii) shall pay a fee of 50 cents per ton on all municipal waste received at the
630 facility or site for disposal.
631 (d) Facilities subject to the fee under Subsections (1)(c)(i)[, (ii), and (iii)] through (iv)
632 are not subject to the fee under Subsection (1)(a).
633 (e) On and after July 1, 2005, the fees due under this Subsection (1) shall be calculated
634 by multiplying the total tonnage of waste, computed to the first decimal place, received during
635 the calendar month by the required fee rate.
636 (2) (a) The owner or operator of a commercial nonhazardous solid waste disposal
637 facility or incinerator shall pay to the department all fees imposed under this section on or
638 before the 15th day of the month following the month in which the fee accrued.
639 (b) With the monthly fee, the owner or operator shall submit a completed form, as
640 prescribed by the department, specifying information required by the department to verify the
641 amount of waste received and the fee amount for which the owner or operator is liable.
642 (c) The department shall deposit all fees received under this section into the restricted
643 account created in Section 19-1-108 .
644 (3) (a) The department, in preparing its budget for the governor and the Legislature,
645 shall separately indicate the amount necessary to administer the solid waste program
646 established by this part.
647 (b) The Legislature shall appropriate the costs of administering this program.

648 (c) The department may contract or agree with a county to assist in performing
649 nonhazardous solid waste management activities, including agreements for:
650 (i) the development of a solid waste management plan required under Section
651 17-15-23 ; and
652 (ii) pass-through of available funding.
653 (4) This section may not be construed to exempt any facility from applicable regulation
654 under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.
655 (5) (a) Each waste facility that is owned by a political subdivision and operated solely
656 for the purpose of receiving waste generated within that political subdivision shall pay an
657 annual facility fee. The fee shall be paid to the department on or before January 15 of each
658 year. The fee is:
659 (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
660 waste each year;
661 (ii) $1,450 if the facility receives10,000 or more but fewer than 20,000 tons of
662 municipal waste each year;
663 (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
664 municipal waste each year;
665 (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
666 municipal waste each year;
667 (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
668 municipal waste each year;
669 (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
670 municipal waste each year; and
671 (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
672 year.
673 (b) The department shall deposit all fees received under this Subsection (5) into the
674 Environmental Quality Restricted Account created in Section 19-1-108 .
675 (c) Municipal waste subject to the facility fee under this Subsection (5) is not subject to
676 the fee under Subsection [ 9-6-119 ](1)(c).
677 Section 13. Section 59-24-103.5 is amended to read:
678 59-24-103.5. Radioactive waste disposal, processing, and recycling facility tax.

679 (1) On and after July 1, 2003, there is imposed a tax on a radioactive waste facility, or a
680 processing or recycling facility, as provided in this chapter.
681 (2) The tax is equal to the sum of the following amounts:
682 (a) 12% of the gross receipts of a radioactive waste facility derived from the disposal of
683 containerized class A waste;
684 (b) 10% of the gross receipts of a radioactive waste facility derived from the disposal
685 of processed class A waste;
686 (c) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
687 uncontainerized, unprocessed class A waste from a governmental entity or an agent of a
688 governmental entity:
689 (i) pursuant to a contract entered into on or after April 30, 2001;
690 (ii) pursuant to a contract substantially modified on or after April 30, 2001;
691 (iii) pursuant to a contract renewed or extended on or after April 30, 2001; or
692 (iv) not pursuant to a contract;
693 (d) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
694 uncontainerized, unprocessed class A waste received by the facility from an entity other than a
695 governmental entity or an agent of a governmental entity;
696 (e) [(i)] 5% of the gross receipts of a radioactive waste facility derived from the
697 disposal of mixed waste, other than the mixed waste described in Subsection (2)[(e)(ii)](f),
698 received from:
699 (i) an entity other than a governmental entity or an agent of a governmental entity; or
700 (ii) a governmental entity or an agent of a governmental entity:
701 (A) pursuant to a contract entered into on or after April 30, 2005;
702 (B) pursuant to a contract substantially modified on or after April 30, 2005;
703 (C) pursuant to a contract renewed or extended on or after April 30, 2005; or
704 (D) not pursuant to a contract;
705 [(ii)] (f) 10% of the gross receipts of a radioactive waste facility derived from the
706 disposal of mixed waste:
707 (i) (A) received from an entity other than a governmental entity or an agent of a
708 governmental entity; [and] or
709 (B) received from a governmental entity or an agent of a governmental entity:

710 (I) pursuant to a contract entered into on or after April 30, 2005;
711 (II) pursuant to a contract substantially modified on or after April 30, 2005;
712 (III) pursuant to a contract renewed or extended on or after April 30, 2005; or
713 (IV) not pursuant to a contract; and
714 [(B)] (ii) that contains a higher radionuclide concentration level than the mixed waste
715 received by any radioactive waste facility in the state prior to April 1, 2004;
716 [(f)] (g) 10 cents per cubic foot of alternate feed material received at a radioactive
717 waste facility for disposal or reprocessing; and
718 [(g)] (h) 10 cents per cubic foot of byproduct material received at a radioactive waste
719 facility for disposal.
720 (3) For purposes of the tax imposed by this section, a fraction of a cubic foot is
721 considered to be a full cubic foot.
722 (4) Except as provided in [Subsection] Subsections (2)(e) and (2)(f), the tax imposed
723 by this section does not apply to radioactive waste containing material classified as hazardous
724 waste under 40 C.F.R. Part 261.
725 Section 14. Effective date.
726 If approved by two-thirds of all the members elected to each house, this bill takes effect
727 upon approval by the governor, or the day following the constitutional time limit of Utah
728 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
729 the date of veto override.
730 Section 15. Revisor instructions.
731 It is the intent of the Legislature that the Office of Legislative Research and General
732 Counsel, in preparing the database for publication, delete "the effective date of this section"
733 where it appears in this bill and replace it with the actual date on which the bill takes effect.