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S.B. 209
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6 Cosponsor:Curtis S. Bramble 7
8 LONG TITLE
9 General Description:
10 This bill modifies nonhazardous solid waste disposal fees and reduces the amount of
11 waste disposal fees that are deposited into the General Fund.
12 Highlighted Provisions:
13 This bill:
14 . reduces the amount of waste disposal fees that are deposited into the General Fund;
15 . modifies provisions relating to the payment of fees on wastes containing
16 polychlorinated biphenyls;
17 . modifies waste fees charged for certain wastes received for disposal by:
18 . commercial nonhazardous solid waste disposal facilities;
19 . facilities solely under contract with a local government within the state to
20 dispose of nonhazardous solid waste generated within the boundaries of the
21 local government; and
22 . waste disposal facilities owned by a political subdivision;
23 . defines terms;
24 . establishes fees on certain wastes sent to facilities not regulated by the state by
25 owners or operators of transfer stations or recycling centers; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 19-1-108, as last amended by Chapter 297, Laws of Utah 2002
34 19-6-118.5, as last amended by Chapter 10, Laws of Utah 2005
35 19-6-119, as last amended by Chapter 10, Laws of Utah 2005
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 19-1-108 is amended to read:
39 19-1-108. Creation of Environmental Quality Restricted Account -- Purpose of
40 restricted account -- Sources of funds -- Uses of funds.
41 (1) There is created the Environmental Quality Restricted Account.
42 (2) The sources of monies for the restricted account are:
43 (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4
44 and other fees collected under Subsection 19-3-104 (5);
45 (b) hazardous waste disposal fees collected under Section 19-6-118 ;
46 (c) PCB waste disposal fees collected under Section 19-6-118.5 ;
47 (d) nonhazardous solid waste disposal fees collected under Section 19-6-119 ; and
48 (e) all investment income derived from money in the restricted account created in this
49 section.
50 (3) In each fiscal year, the first [
51 fees listed in Subsection (2), collectively, shall be deposited in the General Fund as free
52 revenue. The balance shall be deposited in the restricted account created in this section.
53 (4) The Legislature may annually appropriate monies from the Environmental Quality
54 Restricted Account to:
55 (a) the department for the costs of administering radiation control programs;
56 (b) the department for the costs of administering solid and hazardous waste programs;
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58 (c) the Hazardous Substances Mitigation Fund, up to $400,000, for purposes set forth
59 in Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act.
60 (5) In order to stabilize funding for the radiation control program and the solid and
61 hazardous waste program, the Legislature shall in years of excess revenues reserve in the
62 restricted account sufficient monies to meet departmental needs in years of projected shortages.
63 (6) The Legislature may not appropriate money from the General Fund to the
64 department as a supplemental appropriation to cover the costs of the radiation control program
65 and the solid and hazardous waste program in an amount exceeding 25% of the amount of
66 waste disposal fees collected during the most recent prior fiscal year.
67 (7) The Legislature may annually appropriate not more than $200,000 from this
68 account to the Department of Public Safety, created in Section 53-1-103 , to be used by that
69 department solely for hazardous materials:
70 (a) management training; and
71 (b) response preparation and emergency response training.
72 (8) All funds appropriated under this part that are not expended at the end of the fiscal
73 year lapse into the account created in Subsection (1).
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76 Section 2. Section 19-6-118.5 is amended to read:
77 19-6-118.5. PCB disposal fee.
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82 (1) The owner or operator of a waste facility shall pay a fee of $4.75 per ton [
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99 (a) calculate the fees imposed under Subsection (1) by multiplying the total tonnage of
100 waste received during the calendar month, computed to the first decimal place, by the required
101 fee rate of $4.75 per ton;
102 (b) pay the fees imposed by this section to the department by the 15th day of the month
103 following the month in which the fees accrued; and
104 (c) with the fees required under this section, submit to the department, on a form
105 prescribed by the department, information that verifies the amount of waste received and the
106 fees that the owner or operator is required to pay.
107 (3) The department shall deposit all fees received under this section into the
108 Environmental Quality Restricted Account created in Section 19-1-108 .
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110 this section is not subject to a fee for the same waste under Section 19-3-106 , even if the waste
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112 Section 3. Section 19-6-119 is amended to read:
113 19-6-119. Nonhazardous solid waste disposal fee.
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115 commercial nonhazardous solid waste disposal facility or incinerator[
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125 following fees for waste received for treatment or disposal at the facility if the facility or
126 incinerator is required to have operation plan approval under Section 19-6-108 and primarily
127 receives waste generated by off-site sources not owned, controlled, or operated by the facility
128 or site owner or operator:
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160 (i) 13 cents per ton on all municipal waste and municipal incinerator ash;
161 (ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
162 the following wastes in a cell exclusively designated for the waste being disposed:
163 (A) construction waste or demolition waste;
164 (B) yard waste, including vegetative matter resulting from landscaping, land
165 maintenance, and land clearing operations;
166 (C) dead animals;
167 (D) waste tires and materials derived from waste tires disposed of in accordance with
168 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
169 (E) petroleum contaminated soils that are approved by the executive secretary; and
170 (iii) $2.50 per ton on:
171 (A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
172 (B) (I) fly ash waste;
173 (II) bottom ash waste;
174 (III) slag waste;
175 (IV) flue gas emission control waste generated primarily from the combustion of coal
176 or other fossil fuels;
177 (V) waste from the extraction, beneficiation, and processing of ores and minerals; and
178 (VI) cement kiln dust wastes.
179 (b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
180 the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii)
181 for those wastes described in Subsections (1)(a)(i) and (ii).
182 (c) The owner or operator of [
183 19-6-102 (3)(b)(iii) shall pay a fee of [
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215 (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
216 waste each year;
217 (ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
218 municipal waste each year;
219 (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
220 municipal waste each year;
221 (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
222 municipal waste each year;
223 (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
224 municipal waste each year;
225 (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
226 municipal waste each year; and
227 (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
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233 (b) Except as provided in Subsection (5), a waste facility that is owned by a political
234 subdivision shall pay $2.50 per ton for:
235 (i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
236 received for disposal if the waste is:
237 (A) generated outside the boundaries of the political subdivision; and
238 (B) received from a single generator and exceeds 500 tons in a calendar year; and
239 (ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
240 (A) generated outside the boundaries of the political subdivision; and
241 (B) received from a single generator and exceeds 500 tons in a calendar year.
242 (c) Waste received at a facility owned by a political subdivision under Subsection
243 (2)(b) may not be counted as part of the total tonnage received by the facility under Subsection
244 (2)(a).
245 (3) (a) As used in this Subsection (3):
246 (i) "Facility not regulated by the state" means a nonhazardous solid waste disposal or
247 treatment facility that is not subject to a fee under this section.
248 (ii) "Recycling center" means a facility that extracts valuable materials from a waste
249 stream and transforms or remanufactures the material into a usable form that has demonstrated
250 or potential market value.
251 (iii) "Transfer station" means a permanent, fixed, supplemental collection and
252 transportation facility that is used to deposit collected solid waste from off-site into a transfer
253 vehicle for transport to a solid waste handling or disposal facility.
254 (b) Except as provided in Subsection (5), the owner or operator of a transfer station or
255 recycling center shall pay to the department the following fees on waste sent for disposal to a
256 facility not regulated by the state:
257 (i) $1.25 per ton on:
258 (A) all nonhazardous solid waste; and
259 (B) waste described in Subsection (1)(a)(iii)(B);
260 (ii) 10 cents per ton on all construction and demolition waste; and
261 (iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
262 (c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
263 required under Subsection (3)(b)(i).
264 (4) If a facility required to pay fees under this section receives nonhazardous solid
265 waste for treatment or disposal, and the fee required under this section is paid for that treatment
266 or disposal, any subsequent treatment or disposal of the waste is not subject to additional fees
267 under this section.
268 (5) The owner or operator of a waste disposal facility that receives waste described in
269 Subsection (1)(a)(iii)(B) is not required to pay any fee on those wastes if received solely for the
270 purpose of recycling, reuse, or reprocessing.
271 (6) Except as provided in Subsection (2)(a), a facility required to pay fees under this
272 section shall:
273 (a) calculate the fees by multiplying the total tonnage of waste received during the
274 calendar month, computed to the first decimal place, by the required fee rate;
275 (b) pay the fees imposed by this section to the department by the 15th day of the month
276 following the month in which the fees accrued; and
277 (c) with the fees required under Subsection (6)(b), submit to the department, on a form
278 prescribed by the department, information that verifies the amount of waste received and the
279 fees that the owner or operator is required to pay.
280 (7) The department shall:
281 (a) deposit all fees received under this section into the Environmental Quality
282 Restricted Account created in Section 19-1-108 ; and
283 (b) in preparing its budget for the governor and the Legislature, separately indicate the
284 amount of the department's budget necessary to administer the solid and hazardous waste
285 program established by this part.
286 (8) The department may contract or agree with a county to assist in performing
287 nonhazardous solid waste management activities, including agreements for:
288 (a) the development of a solid waste management plan required under Section
289 17-15-23 ; and
290 (b) pass-through of available funding.
291 (9) This section does not exempt any facility from applicable regulation under the
292 Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
Legislative Review Note
as of 2-8-06 9:19 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.