First Substitute S.C.R. 8

Senator Wayne L. Niederhauser proposes the following substitute bill:

1 CONCURRENT RESOLUTION APPROVING A COMMERCIAL
2 NONHAZARDOUS SOLID WASTE LANDFILL
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne L. Niederhauser
6 House Sponsor: Bill Wright
7
8 LONG TITLE
9 General Description:
10 This concurrent resolution of the Legislature and the Governor gives approval for a
11 commercial nonhazardous solid waste landfill.
12 Highlighted Provisions:
13 This resolution:
14 . addresses the proposed commercial ROC-Intermountain Regional MSW Landfill
15 that is currently owned and managed as a noncommercial landfill by ROC Fund
16 Landfill Holdings, LLC, and located in the city of Fairfield, in Utah County; and
17 . grants statutorily required approval of the landfill, as approved by the Department of
18 Environmental Quality, and allows the ROC-Intermountain Regional MSW Landfill
19 to operate a commercial nonhazardous solid waste landfill and receive
20 nonhazardous solid waste and other waste as approved in the operating plan issued
21 by the executive secretary of the Solid and Hazardous Waste Control Board for the
22 ROC-Intermountain Regional MSW Landfill in Fairfield, Utah.
23 Special Clauses:
24 None
25

26 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
27 WHEREAS, ROC Fund Landfill Holdings, LLC, desires to operate a commercial
28 landfill to receive nonhazardous solid waste for treatment, storage, or disposal, and other waste
29 allowed under the approved operating plan issued by the executive secretary of the Solid and
30 Hazardous Waste Control Board;
31 WHEREAS, the facility is located on a 335-acre parcel in Section 16, west half,
32 Township 7 South, Range 2 West, Salt Lake Base Meridian, and is located within the city
33 limits of Fairfield, in Utah County;
34 WHEREAS, ROC Fund Landfill Holdings, LLC, is currently permitted to operate a
35 noncommercial nonhazardous solid waste facility at this site that receives waste as allowed by
36 the approved operating plan and under contract with the city of Fairfield;
37 WHEREAS, Section 19-6-108 of the Utah Code requires that an applicant for a
38 commercial nonhazardous solid waste landfill receive approval from the Utah State Legislature
39 and the Governor of the State as part of the approval process;
40 WHEREAS, Section 19-6-108 of the Utah Code also requires that an applicant for a
41 commercial nonhazardous solid waste landfill receive approval from the executive secretary of
42 the Solid and Hazardous Waste Control Board within the Department of Environmental
43 Quality prior to receiving legislative and gubernatorial approval;
44 WHEREAS, ROC Fund Landfill Holdings, LLC, has submitted a proposed operation
45 plan for the ROC-Intermountain Regional MSW Landfill to operate as a commercial
46 nonhazardous solid waste landfill to the Department of Environmental Quality, and the
47 operation plan was approved by the executive secretary of the Solid and Hazardous Waste
48 Control Board; and
49 WHEREAS, the approved operating plan for the ROC-Intermountain Regional MSW
50 Landfill allows the landfill to operate as a commercial landfill facility and receive
51 nonhazardous solid waste and other waste as approved in the operating plan issued by the
52 executive secretary of the Solid and Hazardous Waste Control Board:
53 NOW, THEREFORE, BE IT RESOLVED by the Legislature, the Governor concurring
54 therein, that ROC Fund Landfill Holdings, LLC, is granted approval to construct and operate a
55 commercial nonhazardous solid waste landfill known as the ROC-Intermountain Regional
56 MSW Landfill in Fairfield, Utah.