First Substitute H.B. 348

Representative Ronda Rudd Menlove proposes the following substitute bill:

1 HAZARDOUS WASTE AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Ralph Okerlund
6
7 LONG TITLE
8 General Description:
9 This bill modifies hazardous waste fees and repeals Title 19, Chapter 9, Hazardous
10 Waste Facilities Management Act.
11 Highlighted Provisions:
12 This bill:
13 . defines "demilitarization waste";
14 . establishes a fee for hazardous waste that contains both demilitarization waste and
15 another hazardous waste component subject to treatment standards;
16 . directs the Solid and Hazardous Waste Division to conduct a study and establish a
17 flat fee schedule by a certain date;
18 . provides a transition to the flat fee schedule;
19 . repeals Title 19, Chapter 9, Hazardous Waste Facilities Management Act; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 19-6-118, as last amended by Laws of Utah 2010, Chapter 17
28 REPEALS:
29 19-9-101, as renumbered and amended by Laws of Utah 2003, Chapter 184
30 19-9-102, as renumbered and amended by Laws of Utah 2003, Chapter 184
31 19-9-103, as renumbered and amended by Laws of Utah 2003, Chapter 184
32 19-9-104, as last amended by Laws of Utah 2010, Chapter 286
33 19-9-105, as last amended by Laws of Utah 2011, Chapter 297
34 19-9-106, as last amended by Laws of Utah 2008, Chapter 3
35 19-9-107, as renumbered and amended by Laws of Utah 2003, Chapter 184
36 19-9-108, as renumbered and amended by Laws of Utah 2003, Chapter 184
37 19-9-109, as last amended by Laws of Utah 2011, Chapter 297
38 19-9-110, as renumbered and amended by Laws of Utah 2003, Chapter 184
39 19-9-111, as renumbered and amended by Laws of Utah 2003, Chapter 184
40 19-9-112, as renumbered and amended by Laws of Utah 2003, Chapter 184
41 19-9-113, as renumbered and amended by Laws of Utah 2003, Chapter 184
42 19-9-114, as renumbered and amended by Laws of Utah 2003, Chapter 184
43 19-9-115, as renumbered and amended by Laws of Utah 2003, Chapter 184
44 19-9-116, as renumbered and amended by Laws of Utah 2003, Chapter 184
45 19-9-117, as renumbered and amended by Laws of Utah 2003, Chapter 184
46 19-9-118, as renumbered and amended by Laws of Utah 2003, Chapter 184
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 19-6-118 is amended to read:
50 19-6-118. Hazardous waste and treated hazardous waste disposal fees.
51 (1) As used in this section:
52 (a) "Demilitarization waste" means:
53 (i) a nerve, military, or chemical agent, including:
54 (A) CX;
55 (B) GA;
56 (C) GB;

57 (D) GD;
58 (E) H;
59 (F) HD;
60 (G) HL;
61 (H) HN-1;
62 (I) HN-2;
63 (J) HN-3;
64 (K) HT;
65 (L) L; or
66 (M) VX; or
67 (ii) waste or residue from demilitarization, treatment, testing, or disposal of an agent
68 described in Subsection (1)(a)(i).
69 (b) "Remediation project" means:
70 (i) a superfund cleanup project;
71 (ii) a Resource Conservation and Recovery Act closure or corrective action site; or
72 (iii) a voluntary cleanup of:
73 (A) hazardous debris; or
74 (B) hazardous waste subject to regulation solely because of removal or remedial action
75 taken in response to environmental contamination.
76 (c) "Remediation waste" means waste from a remediation project.
77 [(1)] (2) (a) An owner or operator of any commercial hazardous waste or mixed waste
78 disposal or treatment facility that primarily receives hazardous or mixed wastes generated by
79 off-site sources not owned, controlled, or operated by the facility or site owner or operator, and
80 that is subject to the requirements of Section 19-6-108 , shall pay the fee under Subsection [(2)]
81 (3).
82 (b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or
83 industrial furnace that receives for burning hazardous waste generated by off-site sources not
84 owned, controlled, or operated by the owner or operator shall pay the fee under Subsection
85 [(2)] (3).
86 [(2) (a) Through June 30, 2005, the owner or operator of each facility under Subsection
87 (1) shall collect from the generators of hazardous waste and mixed waste a fee of $28 per ton

88 or fraction of a ton on all hazardous waste and mixed waste received at the facility or site for
89 disposal, treatment, or both.]
90 [(b) On and after July 1, 2005]
91 (3) (a) (i) Through June 30, 2014, the owner or operator of each facility under
92 Subsection [(1)] (2) shall pay a fee of $28 per ton on all hazardous waste and mixed waste
93 received at the facility for disposal, treatment, or both.
94 [(c)] (ii) The fee required under Subsection [(2)(b)] (3)(a)(i) shall be calculated by
95 multiplying the total tonnage of waste, computed to the first decimal place, received during the
96 calendar month by $28.
97 [(d) When hazardous waste or mixed waste is received at a facility for treatment or
98 disposal and the fee required under this Subsection (2) is paid for that treatment or disposal,
99 any subsequent treatment or disposal of the waste is not subject to additional fees under this
100 Subsection (2).]
101 [(e) (i) On and after July 1, 1997 through June 30, 2003, and on and after April 1, 2004
102 through June 30, 2005, hazardous waste received at a land disposal facility is subject to a fee of
103 $14 per ton or fraction of a ton, rather than the $28 fee under Subsection (2)(a), if the waste is
104 treated so that it:]
105 [(A) meets the state treatment standards required for land disposal at the facility; or]
106 [(B) is no longer a hazardous waste at the time of disposal at that facility.]
107 [(ii) On and after July 1, 2003, through March 31, 2004, hazardous waste received at a
108 land disposal facility for treatment and disposal is subject to the $28 fee imposed under
109 Subsection (2)(a).]
110 [(f) (i) On and after July 1, 2005,]
111 (b) (i) Through June 30, 2014, hazardous waste received at a land disposal facility is
112 subject to a fee of $14 per ton instead of the fee described in Subsection (3)(a) if the waste is
113 treated so that it:
114 (A) meets the state treatment standards required for land disposal at the facility; or
115 (B) is no longer a hazardous waste at the time of disposal at that facility.
116 (ii) Through June 30, 2014, demilitarization waste received at a land disposal facility is
117 subject to the fee described in Subsection (3)(b)(i), if:
118 (A) the demilitarization waste contains an additional constituent that is not

119 demilitarization waste and is required by rule to be treated before land disposal; and
120 (B) the additional constituent meets every applicable state treatment standard required
121 for land disposal of that constituent at the facility.
122 [(ii) The] (iii) A fee required under Subsection [(2)(f)(i)] (3)(b)(i) shall be calculated
123 by multiplying the tonnage of waste, computed to the first decimal place, received during the
124 calendar month by $14.
125 (c) Through June 30, 2014, when hazardous waste or mixed waste is received at a
126 facility for treatment or disposal and the fee required under Subsection (3) is paid for that
127 treatment or disposal, any subsequent treatment or disposal of the waste is not subject to
128 additional fees under Subsection (3).
129 (d) (i) In accordance with Section 63J-1-504 , on or before July 1, 2014, the department
130 shall establish a fee schedule for the treatment and land disposal of hazardous waste.
131 (ii) To create the fee schedule described in Subsection (3)(d)(i), the department shall,
132 before establishing the fee schedule, complete a review of program costs and indirect costs of
133 regulating hazardous waste in the state.
134 (iii) The fee schedule described in Subsection (3)(d)(i) shall:
135 (A) implement a flat fee not calculated according to the amount of waste treated or
136 disposed;
137 (B) provide for reasonable and timely oversight by the department; and
138 (C) adequately meet the needs of industry and the department, including enabling the
139 department to employ qualified personnel to appropriately oversee industry regulation.
140 [(3)] (4) (a) [On or after July 1, 2010, remediation] Through June 30, 2014,
141 remediation waste received at a hazardous waste land disposal or treatment facility from a
142 remediation project is subject to a fee in the following amounts:

143	Amount of Remediation Waste Received from a Remediation Project	Fee Amount
144	More than 0, but less than 1,000 tons	$28 per ton
145	Equal to or greater than 1,000 tons, but less than 12,500 tons	$10 per ton for all waste
146	Equal to or greater than 12,500 tons, but less than 25,000 tons	$5 per ton for all waste
147	Equal to or greater than 25,000 tons	$2.50 per ton for all waste

148 (b) [On and after July 1, 2010, emission] Through June 30, 2014, emission control
149 dust/sludge from the primary production of steel in electric furnaces (K061, as defined in 40
150 [CFR] C.F.R. Sec. 261.32) received at a hazardous waste land disposal or treatment facility is

151 subject to a fee of $5 per ton in lieu of the fee established in Subsection [(2)] (3).
152 (c) [On and after July 1, 2010, nerve, military, and chemical agents and wastes/residues
153 from demilitarization, treatment, testing and disposal of nerve, military, and chemical agents
154 CX, GA, GB, GD, H, HD, HL, HN-1, HN-2, HN-3, HT, L, and VX] Through June 30, 2014,
155 demilitarization waste received at a hazardous waste treatment, storage, or disposal facility
156 [are] is subject to a fee of $5 per ton in addition to the fee established in Subsection [(2)] (3).
157 (d) (i) [On or after July 1, 2010, but on or before June 30, 2011,] Through June 30,
158 2014, the department may in accordance with this Subsection [(3)] (4)(d) assess a person
159 required to pay a fee under this section a special assessment if the department determines that
160 the aggregate of the following fees is insufficient to cover the department's costs of
161 administering its hazardous waste program:
162 (A) a fee imposed under this section; and
163 (B) a fee imposed under Section 19-6-118.5 .
164 (ii) In determining the amount of a special assessment under this Subsection [(3)]
165 (4)(d), the department shall calculate the amount of the insufficiency and assess each person
166 subject to the special assessment a proportion of the insufficiency equal to the proportion of
167 fees paid by that person.
168 (iii) The department shall deposit a special assessment collected under this Subsection
169 [(3)] (4)(d) into the Environmental Quality Restricted Account created in Section 19-1-108 .
170 (e) [The] Through June 30, 2014, the department shall annually review the fee
171 established in Subsection [(3)] (4)(a) and make recommendations to the Legislature's Natural
172 Resources, Agriculture, and Environment Interim Committee concerning the amount of the fee.
173 [(4)] (5) (a) [The] Through June 30, 2014, the department shall allocate at least 10% of
174 the fees received from a facility under this section to the county [in which] where the facility is
175 located, not including a special assessment.
176 (b) Beginning on July 1, 2014, the department shall allocate and pay to a county at least
177 10% of the fee established under Subsection (3)(d)(i) that the department receives from a
178 facility in that county.

179 [(b)] (c) The county may use fees allocated under Subsection [(3)] (5) to carry out its
180 hazardous waste monitoring and response programs.
181 [(5)] (6) The department shall deposit the state portion of [the fees] a fee received
182 under this section into the Environmental Quality Restricted Account created in Section
183 19-1-108 .
184 [(6)] (7) (a) (i) Except as provided in Subsection [(6)] (7)(a)(ii), the owner or operator
185 shall pay [the fees imposed] a fee, accrued under this section before June 30, 2014, to the
186 department on or before the 15th day of the month following the month in which the fee
187 accrued.
188 (ii) [For a fee to be paid on remediation waste,] If a fee accrues on remediation waste
189 under this section before June 30, 2014, the fee shall be paid in accordance with a schedule
190 determined by the department:
191 (A) made in consultation with the person paying the fee; and
192 (B) considering any contractual schedule for payment between the person paying the
193 fee and another person with whom the person paying the fee has contracted.
194 (b) With the monthly fee[,] described in Subsection (7)(a)(i), the owner or operator
195 shall submit a completed form, as prescribed by the department, specifying information
196 required by the department to verify the amount of waste received and the fee amount for
197 which the owner or operator is liable.
198 (c) Beginning on July 1, 2014, an owner or operator shall submit payment of the fee
199 established in (3)(d)(i) to the department:
200 (i) in accordance with a schedule provided by the department; and
201 (ii) using forms provided by the department.
202 [(7)] (8) (a) The department shall oversee and monitor hazardous waste treatment,
203 disposal, and incineration facilities, including federal government facilities located within the
204 state.
205 (b) The department may determine facility oversight priorities.
206 [(8)] (9) (a) The department, in preparing its budget for the governor and the
207 Legislature, shall separately indicate the amount necessary to administer the hazardous waste
208 program established by this part.
209 (b) The Legislature shall appropriate the costs of administering this program.

210 [(9)] (10) The Office of Legislative Fiscal Analyst shall monitor [the fees] a fee
211 collected under this part.
212 [(10)] (11) Mixed waste subject to a fee under this section is not subject to a fee under
213 Section 19-3-106 .
214 [(11) As used in this section:]
215 [(a) "Remediation project" means:]
216 [(i) a Superfund cleanup project;]
217 [(ii) a Resource Conservation and Recovery Act Corrective Action Site; or]
218 [(iii) a voluntary cleanup of:]
219 [(A) hazardous debris; or]
220 [(B) hazardous waste subject to regulation solely because of removal or remedial
221 action taken in response to environmental contamination.]
222 [(b) "Remediation waste" means waste from a remediation project.]
223 Section 2. Repealer.
224 This bill repeals:
225 Section 19-9-101, Title.
226 Section 19-9-102, Definitions.
227 Section 19-9-103, Petition for creation of hazardous waste facilities authority --
228 Recommendation to governor -- Action by governor.
229 Section 19-9-104, Creation of authority -- Members.
230 Section 19-9-105, Powers of authority.
231 Section 19-9-106, Acquisition of sites by authority -- Property vested in state on
232 disincorporation of authority.
233 Section 19-9-107, Fees.
234 Section 19-9-108, Obligations of authority -- Limitation -- Issuance.
235 Section 19-9-109, Security for obligations -- Provisions of security instruments.
236 Section 19-9-110, Application of proceeds from sale of obligations.
237 Section 19-9-111, Cost of acquisition or improvement of facility.
238 Section 19-9-112, Validity of signatures on obligations.
239 Section 19-9-113, Obligations as negotiable instruments.
240 Section 19-9-114, Personal liability on obligations.

241 Section 19-9-115, Tax exemption of property, income, and obligations of authority.
242 Section 19-9-116, Obligations as authorized investments and securities.
243 Section 19-9-117, Publication of resolution authorizing obligations -- Contesting
244 validity -- Action to compel signing of obligations.
245 Section 19-9-118, Legal, accounting, and auditing services for authority.