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First Substitute S.B. 21
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 3, 2012 at 11:56 AM by khelgesen. --> This document includes House Committee Amendments incorporated into the bill on Thu, Feb 9, 2012 at 1:18 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 15, 2012 at 1:25 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 22, 2012 at 10:39 AM by lerror. -->
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8 LONG TITLE
9 General Description:
10 This bill changes the composition of each board created under Title 19, Environmental
11 Quality Code, requires specific qualifications for a board member, subjects a board
12 member to certain requirements, transfers some powers and duties from the boards to
13 the executive director or division directors, and gives rulemaking authority to the
14 department.
15 Highlighted Provisions:
16 This bill:
17 . gives rulemaking authority to the Department of Environmental Quality to create
18 attendance standards and conflicts of interest procedures for board members and to
19 make procedural rules for adjudicative proceedings;
20 . changes the composition of each board created under Title 19, Environmental
21 Quality Code;
22 . provides a transition to the new composition of each board created under Title 19,
23 Environmental Quality Code;
24 . establishes qualifications for board members;
25 . requires board members to comply with attendance standards and conflict of interest
House Floor Amendments 2-15-2012 je/tjn
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procedures;26
27 . provides for the executive director of the Department of Environmental Quality to
28 take final dispositive action on an adjudicative proceeding under Title 19,
29 Environmental Quality Code;
30 . transfers powers and duties from a board to a division director;
31 . provides for certain division boards to approve enforcement settlements negotiated
32 by a division director that exceed $25,000; and
33 . makes technical changes.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 This bill provides an effective date.
37a H. This bill coordinates with S.B. 11, Department of Environmental Quality Boards
37b Adjudicative Proceedings, by providing substantive and technical amendments. .H
38 Utah Code Sections Affected:
39 AMENDS:
40 19-1-105, as enacted by Laws of Utah 1991, Chapter 112
41 19-1-201, as last amended by Laws of Utah 2010, Chapter 17
42 19-1-301, as last amended by Laws of Utah 2009, Chapter 377
43 19-2-102, as last amended by Laws of Utah 2008, Chapter 68
44 19-2-103, as last amended by Laws of Utah 2010, Chapter 286
45 19-2-104, as last amended by Laws of Utah 2011, Chapter 174
46 19-2-105, as last amended by Laws of Utah 2005, Chapter 2
47 19-2-107, as renumbered and amended by Laws of Utah 1991, Chapter 112
48 19-2-108, as last amended by Laws of Utah 2009, Chapter 377
49 19-2-109, as last amended by Laws of Utah 2010, Chapter 90
50 19-2-109.1, as last amended by Laws of Utah 2011, Chapter 297
51 19-2-109.2, as last amended by Laws of Utah 2010, Chapters 286 and 324
52 19-2-110, as last amended by Laws of Utah 2009, Chapter 377
53 19-2-115, as last amended by Laws of Utah 2011, Chapter 297
54 19-2-116, as renumbered and amended by Laws of Utah 1991, Chapter 112
55 19-2-117, as renumbered and amended by Laws of Utah 1991, Chapter 112
56 19-2-120, as renumbered and amended by Laws of Utah 1991, Chapter 112
57
58 19-3-103, as last amended by Laws of Utah 2010, Chapter 286
59 19-3-103.5, as last amended by Laws of Utah 2009, Chapter 377
60 19-3-104, as last amended by Laws of Utah 2009, Chapter 183
61 19-3-105, as last amended by Laws of Utah 2007, Chapter 26
62 19-3-106.4, as last amended by Laws of Utah 2009, Chapter 183
63 19-3-108, as enacted by Laws of Utah 1991, Chapter 112
64 19-3-109, as last amended by Laws of Utah 2008, Chapter 382
65 19-3-111, as last amended by Laws of Utah 2008, Chapter 382
66 19-4-102, as last amended by Laws of Utah 2008, Chapter 51
67 19-4-103, as last amended by Laws of Utah 2010, Chapter 286
68 19-4-104, as last amended by Laws of Utah 2009, Chapter 377
69 19-4-106, as renumbered and amended by Laws of Utah 1991, Chapter 112
70 19-4-107, as renumbered and amended by Laws of Utah 1991, Chapter 112
71 19-4-109, as last amended by Laws of Utah 2008, Chapter 382
72 19-5-102 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapters 155,
73 297, and 304
74 19-5-103, as last amended by Laws of Utah 2010, Chapter 286
75 19-5-104 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapter 304
76 19-5-105.5, as enacted by Laws of Utah 2011, Chapter 155
77 19-5-106, as last amended by Laws of Utah 1995, Chapter 114
78 19-5-107, as last amended by Laws of Utah 1998, Chapter 271
79 19-5-108, as last amended by Laws of Utah 1995, Chapter 114
80 19-5-111, as last amended by Laws of Utah 2009, Chapter 377
81 19-5-112, as last amended by Laws of Utah 2009, Chapter 377
82 19-5-113, as last amended by Laws of Utah 2008, Chapter 382
83 19-5-114, as renumbered and amended by Laws of Utah 1991, Chapter 112
84 19-5-115, as last amended by Laws of Utah 2011, Chapters 297 and 340
85 19-6-102, as last amended by Laws of Utah 2011, Chapter 366
86 19-6-102.1, as enacted by Laws of Utah 1996, Chapter 230
87 19-6-102.6, as last amended by Laws of Utah 2008, Chapter 382
88
89 19-6-104, as last amended by Laws of Utah 2009, Chapter 377
90 19-6-105, as last amended by Laws of Utah 2008, Chapter 382
91 19-6-107, as renumbered and amended by Laws of Utah 1991, Chapter 112
92 19-6-108, as last amended by Laws of Utah 2011, Chapters 133 and 297
93 19-6-108.3, as last amended by Laws of Utah 2008, Chapters 250 and 382
94 19-6-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
95 19-6-112, as renumbered and amended by Laws of Utah 1991, Chapter 112
96 19-6-117, as renumbered and amended by Laws of Utah 1991, Chapter 112
97 19-6-119, as last amended by Laws of Utah 2006, Chapter 251
98 19-6-120, as last amended by Laws of Utah 2010, Chapter 391
99 19-6-402, as last amended by Laws of Utah 2010, Chapter 324
100 19-6-403, as last amended by Laws of Utah 2008, Chapters 56 and 382
101 19-6-404, as last amended by Laws of Utah 1997, Chapter 172
102 19-6-405.3, as last amended by Laws of Utah 2010, Chapter 186
103 19-6-405.7, as last amended by Laws of Utah 2002, Chapter 256
104 19-6-407, as last amended by Laws of Utah 1997, Chapter 172
105 19-6-408, as last amended by Laws of Utah 2009, Chapter 183
106 19-6-409, as last amended by Laws of Utah 2010, Chapter 186
107 19-6-411, as last amended by Laws of Utah 1998, Chapter 95
108 19-6-412, as last amended by Laws of Utah 1997, Chapter 172
109 19-6-413, as last amended by Laws of Utah 2011, Chapter 297
110 19-6-414, as last amended by Laws of Utah 1997, Chapter 172
111 19-6-416, as last amended by Laws of Utah 1999, Chapter 21
112 19-6-416.5, as enacted by Laws of Utah 1994, Chapter 297
113 19-6-417, as last amended by Laws of Utah 1997, Chapter 172
114 19-6-418, as last amended by Laws of Utah 1998, Chapter 255
115 19-6-419, as last amended by Laws of Utah 2010, Chapter 186
116 19-6-420, as last amended by Laws of Utah 1998, Chapter 255
117 19-6-421, as last amended by Laws of Utah 1997, Chapter 172
118 19-6-423, as last amended by Laws of Utah 2010, Chapter 186
119
120 19-6-424.5, as last amended by Laws of Utah 1998, Chapter 255
121 19-6-425, as last amended by Laws of Utah 1997, Chapter 172
122 19-6-428, as last amended by Laws of Utah 2006, Chapter 107
123 19-6-601, as enacted by Laws of Utah 1991, Chapter 122 and renumbered and amended
124 by Laws of Utah 1991, Chapter 112
125 19-6-606, as last amended by Laws of Utah 1996, Chapter 79
126 19-6-703, as last amended by Laws of Utah 2010, Chapter 324
127 19-6-704, as last amended by Laws of Utah 2009, Chapter 377
128 19-6-705, as last amended by Laws of Utah 1997, Chapter 186
129 19-6-706, as last amended by Laws of Utah 2010, Chapter 324
130 19-6-710, as last amended by Laws of Utah 1997, Chapter 186
131 19-6-711, as enacted by Laws of Utah 1993, Chapter 283
132 19-6-712, as last amended by Laws of Utah 2009, Chapter 388
133 19-6-717, as enacted by Laws of Utah 1993, Chapter 283
134 19-6-718, as enacted by Laws of Utah 1993, Chapter 283
135 19-6-721, as last amended by Laws of Utah 2008, Chapter 382
136 19-6-803, as last amended by Laws of Utah 2008, Chapter 382
137 19-6-804, as last amended by Laws of Utah 2002, Chapter 256
138 19-6-806, as last amended by Laws of Utah 2009, Chapter 183
139 19-6-811, as last amended by Laws of Utah 2002, Chapter 256
140 19-6-817, as last amended by Laws of Utah 2002, Chapter 256
141 19-6-819, as last amended by Laws of Utah 2008, Chapter 382
142 19-6-820, as last amended by Laws of Utah 2001, Chapter 165
143 19-6-821, as last amended by Laws of Utah 2008, Chapter 382
144 19-6-1002, as enacted by Laws of Utah 2006, Chapter 187
145 19-6-1003, as last amended by Laws of Utah 2009, Chapter 183
146 19-6-1004, as enacted by Laws of Utah 2006, Chapter 187
147 19-6-1005, as enacted by Laws of Utah 2006, Chapter 187
148 19-6-1102, as enacted by Laws of Utah 2009, Chapter 340
149 19-6-1104, as enacted by Laws of Utah 2009, Chapter 340
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19-8-106, as enacted by Laws of Utah 1997, Chapter 247150
151 19-8-119, as last amended by Laws of Utah 2009, Chapter 356
152 41-6a-1644, as last amended by Laws of Utah 2009, Chapter 333
153 59-1-403, as last amended by Laws of Utah 2011, Chapters 46, 344, and 410
154 72-6-106.5, as enacted by Laws of Utah 2009, Chapter 340
154a H. Utah Code Sections Affected by Coordination Clause:
154b 19-1-201, as last amended by Laws of Utah, 2010, Chapter 17
154c 19-1-301, as last amended by Laws of Utah, 2009, Chapter 377
154d 19-1-301.5, Utah Code Annotated 1953 .H
155
156 Be it enacted by the Legislature of the state of Utah:
157 Section 1. Section 19-1-105 is amended to read:
158 19-1-105. Divisions of department -- Control by division directors.
159 (1) The following divisions are created within the department:
160 (a) the Division of Air Quality, to administer Title 19, Chapter 2, Air Conservation
161 Act;
162 (b) the Division of Drinking Water, to administer Title 19, Chapter 4, Safe Drinking
163 Water Act;
164 (c) the Division of Environmental Response and Remediation, to administer:
165 (i) Title 19, Chapter 6, [
166 and
167 (ii) Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
168 (d) the Division of Radiation Control, to administer Title 19, Chapter 3, Radiation
169 Control Act;
170 (e) the Division of Solid and Hazardous Waste, to administer:
171 (i) Title 19, Chapter 6, [
172 (ii) Title 19, Chapter 6, Part 2, Hazardous Waste Facility Siting Act;
173 (iii) Title 19, Chapter 6, Part 5, Solid Waste Management Act;
174 (iv) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal;
175 (v) Title 19, Chapter 6, Part 7, Used Oil Management Act;
176 (vi) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act;
177 (vii) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act;
178 (viii) Title 19, Chapter 6, Part 11, Industrial Byproduct Reuse; and
179 (ix) Title 19, Chapter 6, Part 12, Disposal of Electronic Waste Program; and
180 (f) the Division of Water Quality, to administer Title 19, Chapter 5, Water Quality Act.
181
182 appointed by the executive director.
183 (3) (a) [
184 training [
185 director. [
186 (b) A division director shall [
187 an accredited college or university [
188 [
189 [
190 [
191 (4) [
192 remove a division director at will.
193 (5) A division director shall serve as the executive secretary to the policymaking board,
194 created in Section 19-1-106 , that has rulemaking authority over the division director's division.
195 Section 2. Section 19-1-201 is amended to read:
196 19-1-201. Powers and duties of department -- Rulemaking authority.
197 (1) The department shall:
198 (a) enter into cooperative agreements with the Department of Health to delineate
199 specific responsibilities to assure that assessment and management of risk to human health
200 from the environment are properly administered;
201 (b) consult with the Department of Health and enter into cooperative agreements, as
202 needed, to ensure efficient use of resources and effective response to potential health and safety
203 threats from the environment, and to prevent gaps in protection from potential risks from the
204 environment to specific individuals or population groups; [
205 (c) coordinate implementation of environmental programs to maximize efficient use of
206 resources by developing, with local health departments, a Comprehensive Environmental
207 Service Delivery Plan that:
208 (i) recognizes that the department and local health departments are the foundation for
209 providing environmental health programs in the state;
210 (ii) delineates the responsibilities of the department and each local health department
211 for the efficient delivery of environmental programs using federal, state, and local authorities,
212
213 (iii) provides for the delegation of authority and pass through of funding to local health
214 departments for environmental programs, to the extent allowed by applicable law, identified in
215 the plan, and requested by the local health department; and
216 (iv) is reviewed and updated annually[
217 (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
218 Rulemaking Act, as follows:
219 (i) for a board created in Section 19-1-106 , rules regarding:
220 (A) board meeting attendance; and
221 (B) conflicts of interest procedures; and
222 (ii) rules that govern an adjudicative proceeding, consistent with Section 19-1-301 and
223 Title 63G, Chapter 4, Administrative Procedures Act.
224 (2) The department may:
225 (a) investigate matters affecting the environment;
226 (b) investigate and control matters affecting the public health when caused by
227 environmental hazards;
228 (c) prepare, publish, and disseminate information to inform the public concerning
229 issues involving environmental quality;
230 (d) establish and operate programs, as authorized by this title, necessary for protection
231 of the environment and public health from environmental hazards;
232 (e) use local health departments in the delivery of environmental health programs to
233 the extent provided by law;
234 (f) enter into contracts with local health departments or others to meet responsibilities
235 established under this title;
236 (g) acquire real and personal property by purchase, gift, devise, and other lawful
237 means;
238 (h) prepare and submit to the governor a proposed budget to be included in the budget
239 submitted by the governor to the Legislature;
240 (i) (i) establish a schedule of fees that may be assessed for actions and services of the
241 department according to the procedures and requirements of Section 63J-1-504 ; and
242 (ii) in accordance with Section 63J-1-504 , all fees shall be reasonable, fair, and reflect
243
244 (j) prescribe by rule reasonable requirements not inconsistent with law relating to
245 environmental quality for local health departments;
246 (k) perform the administrative functions of the boards established by Section 19-1-106 ,
247 including the acceptance and administration of grants from the federal government and from
248 other sources, public or private, to carry out the board's functions;
249 (l) upon the request of any board or [
250 provide professional, technical, and clerical staff and field and laboratory services, the extent of
251 which are limited by the funds available to the department for the staff and services; and
252 (m) establish a supplementary fee, not subject to Section 63J-1-504 , to provide service
253 that the person paying the fee agrees by contract to be charged for the service in order to
254 efficiently utilize department resources, protect department permitting processes, address
255 extraordinary or unanticipated stress on permitting processes, or make use of specialized
256 expertise.
257 (3) In providing service under Subsection (2)(m), the department may not provide
258 service in a manner that impairs any other person's service from the department.
259 Section 3. Section 19-1-301 is amended to read:
260 19-1-301. Adjudicative proceedings.
261 (1) As used in this section, "dispositive action" is a final agency action that:
262 (a) [
263 request for agency action; and
264 (b) is subject to judicial review under Section 63G-4-403 .
265 (2) (a) The department and its boards shall comply with the procedures and
266 requirements of Title 63G, Chapter 4, Administrative Procedures Act.
267 (b) The procedures for an adjudicative proceeding conducted by an administrative law
268 judge are governed by:
269 (i) Title 63G, Chapter 4, Administrative Procedures Act;
270 (ii) rules adopted by [
271 (A) Subsection 63G-4-102 (6); and
272 (B) this title; and
273 (iii) the Utah Rules of Civil Procedure, in the absence of a procedure established under
274
275 (3) [
276 hear a party's request for agency action [
277 (4) The executive director shall appoint an administrative law judge who:
278 (a) is a member in good standing of the Utah State Bar;
279 (b) has a minimum of:
280 (i) 10 years of experience practicing law; and
281 (ii) five years of experience practicing in the field of:
282 (A) environmental compliance;
283 (B) natural resources;
284 (C) regulation by an administrative agency; or
285 (D) a field related to a field listed in Subsections (4)(b)(ii)(A) through (C); and
286 (c) has a working knowledge of the federal laws and regulations and state statutes and
287 rules applicable to a request for agency action.
288 (5) In appointing an administrative law judge who meets the qualifications listed in
289 Subsection (4), the executive director may:
290 (a) compile a list of persons who may be engaged as an administrative law judge pro
291 tempore by mutual consent of the parties to an adjudicative proceeding;
292 (b) appoint an assistant attorney general as an administrative law judge pro tempore; or
293 (c) (i) appoint an administrative law judge as an employee of the department; and
294 (ii) assign the administrative law judge responsibilities in addition to conducting an
295 adjudicative proceeding.
296 (6) (a) An administrative law judge [
297 (i) shall conduct an adjudicative proceeding;
298 (ii) may take any action that is not a dispositive action; and
299 (iii) shall submit to the [
300 including:
301 (A) written findings of fact;
302 (B) written conclusions of law; and
303 (C) a recommended order.
304 (b) [
305
306 submitted to the [
307 (ii) return the proposed dispositive action to the administrative law judge for further
308 action as directed.
309 (c) In making a decision regarding a dispositive action, the executive director may seek
310 the advice of, and consult with:
311 (i) the assistant attorney general assigned to the department; or
312 (ii) a special master who:
313 (A) is appointed by the executive director; and
314 (B) is an expert in the subject matter of the proposed dispositive action.
315 (d) The executive director shall base a final dispositive action on the record of the
316 proceeding before the administrative law judge.
317 (7) To conduct an adjudicative proceeding, an administrative law judge may:
318 (a) compel:
319 (i) the attendance of a witness; and
320 (ii) the production of a document or other evidence;
321 (b) administer an oath;
322 (c) take testimony; and
323 (d) receive evidence as necessary.
324 (8) A party may appear before an administrative law judge in person, through an agent
325 or employee, or as provided by [
326 (9) (a) An administrative law judge [
327 not [
328 proceeding regarding the merits of the adjudicative proceeding unless notice and an
329 opportunity to be heard are afforded to all parties.
330 (b) [
331 receives an ex parte communication, the person who receives the ex parte communication shall
332 place the communication into the public record of the proceedings and afford all parties an
333 opportunity to comment on the information.
334 (10) Nothing in this section limits a party's right to an adjudicative proceeding under
335 Title 63G, Chapter 4, Administrative Procedures Act.
336
337 19-2-102. Definitions.
338 As used in this chapter:
339 (1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid,
340 or any combination of them, excluding steam and water vapors.
341 (2) "Air contaminant source" means all sources of emission of air contaminants
342 whether privately or publicly owned or operated.
343 (3) "Air pollution" means the presence in the ambient air of one or more air
344 contaminants in the quantities and duration and under conditions and circumstances as is or
345 tends to be injurious to human health or welfare, animal or plant life, or property, or would
346 unreasonably interfere with the enjoyment of life or use of property, as determined by the rules
347 adopted by the board.
348 (4) "Ambient air" means the surrounding or outside air.
349 (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite
350 (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
351 (6) "Asbestos-containing material" means any material containing more than 1%
352 asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National
353 Emission Standard for Asbestos.
354 (7) "Asbestos inspection" means an activity undertaken to determine the presence or
355 location, or to assess the condition of, asbestos-containing material or suspected
356 asbestos-containing material, whether by visual or physical examination, or by taking samples
357 of the material.
358 (8) (a) "Board" means the Air Quality Board.
359 (b) "Board" means, as used in Sections 19-2-123 through 19-2-126 , the Air Quality
360 Board or the Water Quality Board.
361 (9) "Clean school bus" has the same meaning as defined in 42 U.S.C. Sec. 16091.
362 (10) [
363 director of the Division of Air Quality.
364 (11) "Division" means the Division of Air Quality, created in Subsection
365 19-1-105 (1)(a).
366 [
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accessories of them, installed or acquired for the primary purpose of controlling or disposing of367
368 air pollution.
369 (b) "Facility" does not include an air conditioner, fan, or other similar facility for the
370 comfort of personnel.
371 [
372 than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M,
373 National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce
374 to powder when dry.
375 [
376 attracts or may attract mobile source activity that results in emissions of a pollutant for which
377 there is a national standard.
378 [
379 19-2-123 through 19-2-126 , any land, structure, building, installation, excavation, machinery,
380 equipment, or device, or any addition to, reconstruction, replacement or improvement of, land
381 or an existing structure, building, installation, excavation, machinery, equipment, or device
382 reasonably used, erected, constructed, acquired, or installed by any person if the primary
383 purpose of the use, erection, construction, acquisition, or installation is the prevention, control,
384 or reduction of air or water pollution by:
385 (i) the disposal or elimination of or redesign to eliminate waste and the use of treatment
386 works for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or
387 (ii) the disposal, elimination, or reduction of or redesign to eliminate or reduce air
388 contaminants or air pollution or air contamination sources and the use of air cleaning devices.
389 (b) "Pollution control facility" or "facility" does not include air conditioners, septic
390 tanks, or other facilities for human waste, nor any property installed, constructed, or used for
391 the moving of sewage to the collection facilities of a public or quasi-public sewerage system.
392 Section 5. Section 19-2-103 is amended to read:
393 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
394 and expenses.
395 (1) The board [
396 nine members:
397 (a) H. the following non-voting member, except that the member may vote to break a
397a tie vote between the voting members: .H
397b (i) the executive director [
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398
(ii) an employee of the department designated by the executive director; and398
399 (b) the following eight H. voting .H members, who shall be appointed by the
399a governor with the
400 consent of the Senate[
401 (i) one representative who:
402 (A) is not connected with industry;
403 (B) is an expert in air quality matters; and
404 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
405 with relevant training and experience;
406 (ii) two government representatives who do not represent the federal government;
407 (iii) one representative from the mining industry;
408 (iv) one representative from the fuels industry;
409 (v) one representative from the manufacturing industry;
410 (vi) one representative from the public who represents H. [
410a environmental .S
411 organization; ] :
411a (A) an environmental nongovernmental organization; or
411b (B) a nongovernmental organization that represents community interests and does not
411c represent industry interests; .H and
412 (vii) one representative from the public who is trained and experienced in public
413 health.
414 (2) [
415 (a) be knowledgeable [
416 professional degree, a professional accreditation, or documented experience;
417 [
418
419 [
420 [
421 [
422 [
423 [
424 [
425 [
426 [
427
428 (b) be a resident of Utah;
429
430 department under Subsection 19-1-201 (1)(d)(i)(A); and
431 (d) comply with all applicable statutes, rules, and policies, including the conflict of
432 interest rules made by the department under Subsection 19-1-201 (1)(d)(ii)(B).
433 (3) No more than five of the appointed members of the board shall belong to the same
434 political party.
435 (4) [
436 portion of their income from persons subject to permits or orders under this chapter. [
437
438
439 [
440
441
442 [
443 appointed for a term of four years.
444 (b) Notwithstanding the requirements of Subsection [
445 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
446 board members are staggered so that [
447 every two years.
448 (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
449 appointed before March 1, 2013 shall expire on February 28, 2013.
450 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
451 accordance with this section.
452 [
453 [
454 the member's successor is appointed, but not more than 90 days after the expiration of the
455 member's term.
456 [
457 shall be appointed for the unexpired term.
458 [
459 [
460
461 upon the request of the [
462 the board.
463 [
464 any meeting.
465 [
466 majority of members present is the action of the board.
467 [
468 service, but may receive per diem and travel expenses in accordance with:
469 (a) Section 63A-3-106 ;
470 (b) Section 63A-3-107 ; and
471 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
472 63A-3-107 .
473 Section 6. Section 19-2-104 is amended to read:
474 19-2-104. Powers of board.
475 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
476 Administrative Rulemaking Act:
477 (a) regarding the control, abatement, and prevention of air pollution from all sources
478 and the establishment of the maximum quantity of air contaminants that may be emitted by any
479 air contaminant source;
480 (b) establishing air quality standards;
481 (c) requiring persons engaged in operations which result in air pollution to:
482 (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
483 (ii) file periodic reports containing information relating to the rate, period of emission,
484 and composition of the air contaminant; and
485 (iii) provide access to records relating to emissions which cause or contribute to air
486 pollution;
487 (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter
488 II - Asbestos Hazard Emergency Response, and reviewing and approving asbestos management
489 plans submitted by local education agencies under that act;
490 (e) establishing a requirement for a diesel emission opacity inspection and maintenance
491
492 (f) implementing an operating permit program as required by and in conformity with
493 Titles IV and V of the federal Clean Air Act Amendments of 1990;
494 (g) establishing requirements for county emissions inspection and maintenance
495 programs after obtaining agreement from the counties that would be affected by the
496 requirements;
497 (h) with the approval of the governor, implementing in air quality nonattainment areas
498 employer-based trip reduction programs applicable to businesses having more than 100
499 employees at a single location and applicable to federal, state, and local governments to the
500 extent necessary to attain and maintain ambient air quality standards consistent with the state
501 implementation plan and federal requirements under the standards set forth in Subsection (2);
502 and
503 (i) implementing lead-based paint remediation training, certification, and performance
504 requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
505 Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406.
506 (2) When implementing Subsection (1)(h) the board shall take into consideration:
507 (a) the impact of the business on overall air quality; and
508 (b) the need of the business to use automobiles in order to carry out its business
509 purposes.
510 (3) (a) The board may:
511 [
512 or matter in, the administration of this chapter [
513
514
515 [
516
517 [
518
519 [
520
521 (ii) order the director to:
522
523 (B) enforce the orders by appropriate administrative and judicial proceedings[
524 (C) institute judicial proceedings to secure compliance with this chapter; or
525 [
526
527 [
528
529 [
530
531 (iii) advise, consult, contract, and cooperate with other agencies of the state, local
532 governments, industries, other states, interstate or interlocal agencies, the federal government,
533 or interested persons or groups.
534 (b) The board shall:
535 (i) to ensure compliance with applicable statutes and regulations:
536 (A) review a settlement negotiated by the director in accordance with Subsection
537 19-2-107 (2)(b)(viii) that requires a civil penalty of $25,000 or more; and
538 (B) approve or disapprove the settlement;
539 [
540 purposes of this chapter;
541 [
542
543 [
544
545 [
546
547 [
548
549
550 [
551
552 [
553
554
555 [
556
557
558
559
560 [
561
562
563 [
564 has the potential to emit 100 tons per year or more of any air contaminant or the owner or
565 operator of each existing source which by modification will increase emissions or have the
566 potential of increasing emissions by 100 tons per year or more of any air contaminant, to pay a
567 fee sufficient to cover the reasonable costs of:
568 [
569 [
570 approval order issued pursuant to notice, not including any court costs associated with any
571 enforcement action;
572 [
573
574 [
575 [
576 for persons who:
577 [
578 work involving friable asbestos-containing materials, or asbestos inspections;
579 [
580 the general public has unrestrained access or in school buildings that are subject to the federal
581 Asbestos Hazard Emergency Response Act of 1986;
582 [
583 Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
584
585 seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
586 [
587 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency
588 Response, to be accredited as inspectors, management planners, abatement project designers,
589 asbestos abatement contractors and supervisors, or asbestos abatement workers;
590 [
591 provide for experience-based certification of persons who, prior to establishment of the
592 certification requirements, had received relevant asbestos training, as defined by rule, and had
593 acquired at least 1,000 hours of experience as project monitors;
594 [
595 conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the
596 tax credit granted in Section 59-7-605 or 59-10-1009 ;
597 [
598 professionals (AQPP), as described in Section 19-2-109.5 ;
599 [
600 2601 et seq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited
601 as inspectors, risk assessors, supervisors, project designers, or abatement workers; and
602 [
603 standards and implementing an idling reduction program in accordance with Section
604 41-6a-1308 .
605 (4) Any rules adopted under this chapter shall be consistent with provisions of federal
606 laws, if any, relating to control of motor vehicles or motor vehicle emissions.
607 (5) Nothing in this chapter authorizes the board to require installation of or payment for
608 any monitoring equipment by the owner or operator of a source if the owner or operator has
609 installed or is operating monitoring equipment that is equivalent to equipment which the board
610 would require under this section.
611 (6) The board may not require testing for asbestos or related materials on a residential
612 property with four or fewer units.
613 (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
614 following that are subject to the authority granted to the director under Section 19-2-107 or
615
616 (a) a permit;
617 (b) a license;
618 (c) a registration;
619 (d) a certification; or
620 (e) another administrative authorization made by the director.
621 (8) A board member may not speak or act for the board unless the board member is
622 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
623 (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the
624 board by a federally enforceable state implementation plan.
625 Section 7. Section 19-2-105 is amended to read:
626 19-2-105. Duties of board.
627 The board, in conjunction with the governing body of each county identified in Section
628 41-6a-1643 and other interested parties, shall order the director to perform an evaluation of the
629 inspection and maintenance program developed under Section 41-6a-1643 including issues
630 relating to:
631 (1) the implementation of a standardized inspection and maintenance program;
632 (2) out-of-state registration of vehicles used in Utah;
633 (3) out-of-county registration of vehicles used within the areas required to have an
634 inspection and maintenance program;
635 (4) use of the farm truck exemption;
636 (5) mechanic training programs;
637 (6) emissions standards; and
638 (7) emissions waivers.
639 Section 8. Section 19-2-107 is amended to read:
640 19-2-107. Director -- Appointment -- Powers.
641 (1) The executive [
642 director[
643 administrative direction of the executive director.
644 (2) (a) The [
645 [
646
647 (i) prepare and develop comprehensive plans for the prevention, abatement, and control
648 of air pollution in Utah;
649 [
650 government, other states and interstate agencies, and [
651 subdivisions, and industries in furtherance of the purposes of this chapter;
652 (iii) review plans, specifications, or other data relative to pollution control systems or
653 any part of the systems provided in this chapter;
654 (iv) under the direction of the executive director, represent the state in all matters
655 relating to interstate air pollution, including interstate compacts and similar agreements;
656 (v) secure necessary scientific, technical, administrative, and operational services,
657 including laboratory facilities, by contract or otherwise;
658 (vi) encourage voluntary cooperation by persons and affected groups to achieve the
659 purposes of this chapter;
660 (vii) encourage local units of government to handle air pollution within their respective
661 jurisdictions on a cooperative basis and provide technical and consulting assistance to them;
662 (viii) determine by means of field studies and sampling the degree of air contamination
663 and air pollution in all parts of the state;
664 (ix) monitor the effects of the emission of air contaminants from motor vehicles on the
665 quality of the outdoor atmosphere in all parts of Utah and take appropriate responsive action;
666 (x) collect and disseminate information relating to air contamination and air pollution
667 and conduct educational and training programs relating to air contamination and air pollution;
668 (xi) assess and collect noncompliance penalties as required in Section 120 of the
669 federal Clean Air Act, 42 U.S.C. Section 7420;
670 (xii) comply with the requirements of federal air pollution laws;
671 (xiii) subject to the provisions of this chapter, enforce rules through the issuance of
672 orders, including:
673 (A) prohibiting or abating discharges of wastes affecting ambient air;
674 (B) requiring the construction of new control facilities or any parts of new control
675 facilities or the modification, extension, or alteration of existing control facilities or any parts
676 of new control facilities; or
677
678 (xiv) as authorized by the board and subject to the provisions of this chapter, act as
679 executive secretary of the board under the direction of the chairman of the board.
680 (b) The director may:
681 [
682 [
683 authorize any employee or representative of the department to enter at reasonable time and
684 upon reasonable notice in or upon public or private property for the purposes of inspecting and
685 investigating conditions and plant records concerning possible air pollution;
686 [
687 demonstrations relating to air pollution and its causes [
688 and control, as advisable and necessary for the discharge of duties assigned under this chapter,
689 including the establishment of inventories of pollution sources;
690 [
691 prevention, control, and abatement of it;
692 [
693
694 [
695 [
696
697
698 [
699
700 [
701
702 (v) cooperate with studies and research relating to air pollution and its control,
703 abatement, and prevention;
704 (vi) subject to Subsection (3), upon request, consult concerning the following with any
705 person proposing to construct, install, or otherwise acquire an air contaminant source in Utah:
706 (A) the efficacy of any proposed control device or proposed control system for the
707 source; or
708
709 (vii) accept, receive, and administer grants or other funds or gifts from public and
710 private agencies, including the federal government, for the purpose of carrying out any of the
711 functions of this chapter;
712 (viii) subject to Subsection 19-2-104 (3)(b)(i), settle or compromise any civil action
713 initiated by the division to compel compliance with this chapter or the rules made under this
714 chapter; or
715 [
716 exercise all incidental powers necessary to carry out the purposes of this chapter, including
717 certification to any state or federal authorities for tax purposes the fact of construction,
718 installation, or acquisition of any facility, land, building, machinery, or equipment or any part
719 of them, in conformity with this chapter[
720 [
721
722 [
723
724
725 (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the
726 requirements of this chapter, the rules adopted under this chapter, or any other provision of
727 law.
728 Section 9. Section 19-2-108 is amended to read:
729 19-2-108. Notice of construction or modification of installations required --
730 Authority of director to prohibit construction -- Hearings -- Limitations on authority of
731 director -- Inspections authorized.
732 (1) [
733
734 reasonably be expected to be a source or indirect source of air pollution or to make
735 modifications to an existing installation which will or might reasonably be expected to increase
736 the amount of or change the character or effect of air contaminants discharged, so that the
737 installation may be expected to be a source or indirect source of air pollution, or by any person
738 planning to install an air cleaning device or other equipment intended to control emission of air
739
740 (2) (a) (i) The [
741 the construction, modification, installation, or establishment of the air contaminant source or
742 indirect source, the submission of plans, specifications, and other information as he finds
743 necessary to determine whether the proposed construction, modification, installation, or
744 establishment will be in accord with applicable rules in force under this chapter.
745 (ii) Plan approval for an indirect source may be delegated by the [
746 director to a local authority when requested and upon assurance that the local authority has and
747 will maintain sufficient expertise to insure that the planned installation will meet the
748 requirements established by law.
749 (b) If within 90 days after the receipt of plans, specifications, or other information
750 required under this subsection, the [
751 construction, installation, or establishment or any part of it will not be in accord with the
752 requirements of this chapter or applicable rules or that further time, not exceeding three
753 extensions of 30 days each, is required by the [
754 specifications, or other information, he shall issue an order prohibiting the construction,
755 installation, or establishment of the air contaminant source or sources in whole or in part.
756 (3) In addition to any other remedies, any person aggrieved by the issuance of an order
757 either granting or denying a request for the construction of a new installation, and prior to
758 invoking any such other remedies shall, upon request, in accordance with the rules of the
759 [
760 provided by Section 19-1-301 . [
761
762
763 (4) Any features, machines, and devices constituting parts of or called for by plans,
764 specifications, or other information submitted under Subsection (1) shall be maintained in good
765 working order.
766 (5) This section does not authorize the [
767 devices, or equipment from a particular supplier or produced by a particular manufacturer if the
768 required performance standards may be met by machinery, devices, or equipment otherwise
769 available.
770
771 enter and inspect any property, premise, or place on or at which an air contaminant source is
772 located or is being constructed, modified, installed, or established at any reasonable time for
773 the purpose of ascertaining the state of compliance with this chapter and the rules adopted
774 under it.
775 (b) (i) A person may not refuse entry or access to any authorized representative of the
776 [
777 credentials.
778 (ii) A person may not obstruct, hamper, or interfere with any inspection.
779 (c) If requested, the owner or operator of the premises shall receive a report setting
780 forth all facts found which relate to compliance status.
781 Section 10. Section 19-2-109 is amended to read:
782 19-2-109. Air quality standards -- Hearings on adoption -- Orders of director --
783 Adoption of emission control requirements.
784 (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
785 hearings.
786 (b) Notice of any public hearing for the consideration, adoption, or amendment of air
787 quality standards shall specify the locations to which the proposed standards apply and the
788 time, date, and place of the hearing.
789 (c) The notice shall be:
790 (i) (A) published at least twice in any newspaper of general circulation in the area
791 affected; and
792 (B) published on the Utah Public Notice Website created in Section 63F-1-701 , at least
793 20 days before the public hearing; and
794 (ii) mailed at least 20 days before the public hearing to the chief executive of each
795 political subdivision of the area affected and to other persons the [
796 has reason to believe will be affected by the standards.
797 (d) The adoption of air quality standards or any modification or changes to air quality
798 standards shall be by order of the [
799 board with respect to the standards.
800 (e) The order shall be published:
801
802 (ii) as required in Section 45-1-101 .
803 (2) (a) The board may establish emission control requirements by rule that in its
804 judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
805 may vary from area to area, taking into account varying local conditions.
806 (b) In adopting these requirements, the board shall give notice and conduct public
807 hearings in accordance with the requirements in Subsection (1).
808 Section 11. Section 19-2-109.1 is amended to read:
809 19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
810 (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3 :
811 (a) "EPA" means the federal Environmental Protection Agency.
812 (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
813 (c) "Operating permit" means a permit issued by the [
814 sources of air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air
815 Act.
816 (d) "Program" means the air pollution operating permit program established under this
817 section to comply with Title V of the 1990 Clean Air Act.
818 (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean
819 Air Act and implementing federal regulations.
820 (2) (a) A person may not operate any source of air pollution required to have a permit
821 under Title V of the 1990 Clean Air Act without having obtained an operating permit from the
822 [
823 (b) A person is not required to submit an operating permit application until the
824 governor has submitted an operating permit program to the EPA.
825 (c) Any operating permit issued under this section may not become effective until the
826 day after the EPA issues approval of the permit program or November 15, 1995, whichever
827 occurs first.
828 (3) (a) Operating permits issued under this section shall be for a period of five years
829 unless the [
830 based on substantial evidence in the record, that an operating permit term of less than five years
831 is necessary to protect the public health and the environment of the state.
832
833 only after providing public notice, an opportunity for public comment, and an opportunity for a
834 public hearing.
835 (c) The [
836 and implementing federal regulations, revise the conditions of issued operating permits to
837 incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990
838 Clean Air Act, if the remaining period of the permit is three or more years.
839 (d) The [
840 operating permit for cause.
841 (4) (a) The board shall establish a proposed annual emissions fee that conforms with
842 Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
843 required to obtain a permit. The emissions fee established under this section is in addition to
844 fees assessed under Section 19-2-108 for issuance of an approval order.
845 (b) In establishing the fee the board shall comply with the provisions of Section
846 63J-1-504 that require a public hearing and require the established fee to be submitted to the
847 Legislature for its approval as part of the department's annual appropriations request.
848 (c) The fee shall cover all reasonable direct and indirect costs required to develop and
849 administer the program and the small business assistance program established under Section
850 19-2-109.2 . The [
851 and the costs covered by those fees under this Subsection (4).
852 (d) The fee shall be established uniformly for all sources required to obtain an
853 operating permit under the program and for all regulated pollutants.
854 (e) The fee may not be assessed for emissions of any regulated pollutant if the
855 emissions are already accounted for within the emissions of another regulated pollutant.
856 (f) An emissions fee may not be assessed for any amount of a regulated pollutant
857 emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
858 (5) Emissions fees [
859
860 accrued on and after July 1, 1993, but before issuance of an operating permit, shall be based on
861 the most recent emissions inventory, unless a source elects prior to July 1, 1992, to base the fee
862 on allowable emissions, if applicable for a regulated pollutant.
863
864 emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
865 permit, to base the fee during the period of the permit on allowable emissions for that regulated
866 pollutant.
867 (7) If the owner or operator of a source subject to this section fails to timely pay an
868 annual emissions fee, the [
869 (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
870 interest on the fee computed at 12% annually; or
871 (b) revoke the operating permit.
872 (8) The owner or operator of a source subject to this section may contest an emissions
873 fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,
874 Administrative Procedures Act, and Section 19-1-301 , as provided in this Subsection (8).
875 (a) The owner or operator shall pay the fee under protest prior to being entitled to a
876 hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to
877 contest the fee or penalty under this section.
878 (b) A request for a hearing under this Subsection (8) shall be made after payment of the
879 emissions fee and within six months after the emissions fee was due.
880 (9) To reinstate an operating permit revoked under Subsection (7) the owner or
881 operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
882 outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
883 (10) All emissions fees and penalties collected by the department under this section
884 shall be deposited in the General Fund as the Air Pollution Operating Permit Program
885 dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
886 the department in developing and administering the program and the small business assistance
887 program under Section 19-2-109.2 .
888 (11) Failure of the [
889 application or renewal is a final administrative action only for the purpose of obtaining judicial
890 review by any of the following persons to require the [
891 action on the permit or its renewal without additional delay:
892 (a) the applicant;
893 (b) any person who participated in the public comment process; or
894
895 law.
896 Section 12. Section 19-2-109.2 is amended to read:
897 19-2-109.2. Small business assistance program.
898 (1) The board shall establish a small business stationary source technical and
899 environmental compliance assistance program that conforms with Title V of the 1990 Clean
900 Air Act to assist small businesses to comply with state and federal air pollution laws.
901 (2) There is created the Compliance Advisory Panel to advise and monitor the program
902 created in Subsection (1). The seven panel members are:
903 (a) two members who are not owners or representatives of owners of small business
904 stationary air pollution sources, selected by the governor to represent the general public;
905 (b) four members who are owners or who represent owners of small business stationary
906 sources selected by leadership of the Utah Legislature as follows:
907 (i) one member selected by the majority leader of the Senate;
908 (ii) one member selected by the minority leader of the Senate;
909 (iii) one member selected by the majority leader of the House of Representatives; and
910 (iv) one member selected by the minority leader of the House of Representatives; and
911 (c) one member selected by the executive director to represent the Division of Air
912 Quality, Department of Environmental Quality.
913 (3) (a) Except as required by Subsection (3)(b), as terms of current panel members
914 expire, the department shall appoint each new member or reappointed member to a four-year
915 term.
916 (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the
917 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
918 panel members are staggered so that approximately half of the panel is appointed every two
919 years.
920 (4) Members may serve more than one term.
921 (5) Members shall hold office until the expiration of their terms and until their
922 successors are appointed, but not more than 90 days after the expiration of their terms.
923 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
924 appointed for the unexpired term.
925
926 (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be
927 called by the chair, the [
928 members of the panel.
929 (b) Three days' notice shall be given to each member of the panel prior to a meeting.
930 (9) Four members constitute a quorum at any meeting, and the action of the majority of
931 members present is the action of the panel.
932 (10) A member may not receive compensation or benefits for the member's service, but
933 may receive per diem and travel expenses in accordance with:
934 (a) Section 63A-3-106 ;
935 (b) Section 63A-3-107 ; and
936 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
937 63A-3-107 .
938 Section 13. Section 19-2-110 is amended to read:
939 19-2-110. Violations -- Notice to violator -- Corrective action orders --
940 Conference, conciliation, and persuasion by board -- Hearings.
941 (1) [
942 violation of any provision of this chapter or any rule issued under it has occurred, [
943 director may serve written notice of the violation upon the alleged violator. The notice shall
944 specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute
945 the violation, and may include an order that necessary corrective action be taken within a
946 reasonable time.
947 [
948
949 (2) Nothing in this chapter prevents the [
950 voluntary compliance through warning, conference, conciliation, persuasion, or other
951 appropriate means.
952 (3) Hearings may be held before an administrative law judge as provided by Section
953 19-1-301 .
954 Section 14. Section 19-2-115 is amended to read:
955 19-2-115. Violations -- Penalties -- Reimbursement for expenses.
956
957 negligence" shall mean as defined in Section 76-2-103 .
958 (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made
959 under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for
960 each violation.
961 (b) Subsection (2)(a) also applies to rules made under the authority of Section
962 19-2-104 , for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
963 Subchapter II - Asbestos Hazard Emergency Response.
964 (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances
965 Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the
966 amounts specified in that section and shall be used in accordance with that section.
967 (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under
968 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person
969 knowingly violates any of the following under this chapter:
970 (a) an applicable standard or limitation;
971 (b) a permit condition; or
972 (c) a fee or filing requirement.
973 (4) A person is guilty of a third degree felony and is subject to imprisonment under
974 Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly:
975 (a) makes any false material statement, representation, or certification, in any notice or
976 report required by permit; or
977 (b) renders inaccurate any monitoring device or method required to be maintained by
978 this chapter or applicable rules made under this chapter.
979 (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty
980 under Section 19-2-109.1 .
981 (6) A person who willfully violates Section 19-2-120 is guilty of a class A
982 misdemeanor.
983 (7) A person who knowingly violates any requirement of an applicable implementation
984 plan adopted by the board, more than 30 days after having been notified in writing by the
985 [
986 an order issued under Subsection 19-2-110 (1)[
987
988 subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of
989 violation in the case of the first offense, and not more than $50,000 per day of violation in the
990 case of subsequent offenses.
991 (8) (a) As used in this section:
992 (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C.
993 7412 or any extremely hazardous substance listed under 42 U.S.C. 11002(a)(2).
994 (ii) "Organization" means a legal entity, other than a government, established or
995 organized for any purpose, and includes a corporation, company, association, firm, partnership,
996 joint stock company, foundation, institution, trust, society, union, or any other association of
997 persons.
998 (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of
999 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
1000 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
1001 (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under
1002 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with
1003 criminal negligence:
1004 (A) releases into the ambient air any hazardous air pollutant; and
1005 (B) places another person in imminent danger of death or serious bodily injury.
1006 (ii) As used in this Subsection (8)(b), "person" does not include an employee who is
1007 carrying out the employee's normal activities and who is not a part of senior management
1008 personnel or a corporate officer.
1009 (c) A person is guilty of a second degree felony and is subject to imprisonment under
1010 Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:
1011 (i) knowingly releases into the ambient air any hazardous air pollutant; and
1012 (ii) knows at the time that the person is placing another person in imminent danger of
1013 death or serious bodily injury.
1014 (d) If a person is an organization, it shall, upon conviction of violating Subsection
1015 (8)(c), be subject to a fine of not more than $1,000,000.
1016 (e) (i) A defendant who is an individual is considered to have acted knowingly under
1017 Subsections (8)(c) and (d), if:
1018
1019 serious bodily injury; and
1020 (B) the defendant was aware of or believed that there was an imminent danger of death
1021 or serious bodily injury to another person.
1022 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
1023 the defendant.
1024 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
1025 knowledge, including evidence that the defendant took affirmative steps to be shielded from
1026 receiving relevant information.
1027 (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the
1028 conduct charged was freely consented to by the person endangered and that the danger and
1029 conduct charged were reasonably foreseeable hazards of:
1030 (A) an occupation, a business, a profession; or
1031 (B) medical treatment or medical or scientific experimentation conducted by
1032 professionally approved methods and the other person was aware of the risks involved prior to
1033 giving consent.
1034 (ii) The defendant has the burden of proof to establish any affirmative defense under
1035 this Subsection (8)(f) and shall prove that defense by a preponderance of the evidence.
1036 (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law,
1037 all penalties assessed and collected under the authority of this section shall be deposited in the
1038 General Fund.
1039 (b) The department may reimburse itself and local governments from money collected
1040 from civil penalties for extraordinary expenses incurred in environmental enforcement
1041 activities.
1042 (c) The department shall regulate reimbursements by making rules in accordance with
1043 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1044 (i) define qualifying environmental enforcement activities; and
1045 (ii) define qualifying extraordinary expenses.
1046 Section 15. Section 19-2-116 is amended to read:
1047 19-2-116. Injunction or other remedies to prevent violations -- Civil actions not
1048 abridged.
1049
1050 the rules adopted under it or any orders made under it by injunction or other appropriate
1051 remedy. The [
1052 any and all enforcement proceedings.
1053 (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect
1054 substantively or procedurally the right of any person to damages or other relief on account of
1055 injury to persons or property and to maintain any action or other appropriate proceeding for this
1056 purpose.
1057 (3) (a) In addition to any other remedy created in this chapter, the director may initiate
1058 an action for appropriate injunctive relief:
1059 (i) upon failure of any person to comply with:
1060 (A) any provision of this chapter [
1061 (B) any rule adopted under [
1062 (C) any final order made by the board, the [
1063 executive director; and
1064 (ii) when it appears necessary for the protection of health and welfare[
1065
1066 (b) The attorney general shall bring injunctive relief actions on request.
1067 (c) A bond is not required.
1068 Section 16. Section 19-2-117 is amended to read:
1069 19-2-117. Attorney general as legal advisor to board -- Duties of attorney general
1070 and county attorneys.
1071 (1) The attorney general is the legal advisor to the board and [
1072 the director and shall defend them or any of them in all actions or proceedings brought against
1073 them or any of them.
1074 (2) The county attorney in the county in which a cause of action arises may, upon
1075 request of the board or [
1076 to abate a condition which exists in violation of, or to prosecute for the violation of or to
1077 enforce, this chapter or the standards, orders, or rules of the board or the [
1078 director issued under this chapter.
1079 (3) The [
1080
1081 (4) In the event any person fails to comply with a cease and desist order of the board or
1082 [
1083 judicial review, the [
1084 for, and is entitled to, injunctive relief to prevent any further or continued violation of the
1085 order.
1086 Section 17. Section 19-2-120 is amended to read:
1087 19-2-120. Information required of owners or operators of air contaminant
1088 sources.
1089 The owner or operator of any stationary air contaminant source in the state shall furnish
1090 to the [
1091 19-2-104 and any other information the [
1092 the source is in compliance with state and federal regulations and standards. The information
1093 shall be correlated with applicable emission standards or limitations and shall be available to
1094 the public during normal business hours at the office of the [
1095 Section 18. Section 19-3-102 is amended to read:
1096 19-3-102. Definitions.
1097 As used in this chapter:
1098 (1) "Board" means the Radiation Control Board created under Section 19-1-106 .
1099 (2) (a) "Broker" means a person who performs one or more of the following functions
1100 for a generator:
1101 (i) arranges for transportation of the radioactive waste;
1102 (ii) collects or consolidates shipments of radioactive waste; or
1103 (iii) processes radioactive waste in some manner.
1104 (b) "Broker" does not include a carrier whose sole function is to transport the
1105 radioactive waste.
1106 (3) "Byproduct material" has the same meaning as in 42 U.S.C. Sec. 2014(e)(2).
1107 (4) "Class B and class C low-level radioactive waste" has the same meaning as in 10
1108 CFR 61.55.
1109 [
1110 (5) "Director" means the director of the Division of Radiation Control.
House Committee Amendments 2-9-2012 je/tjn
1111
(6) "Division" means the Division of Radiation Control, created in Subsection1111
1112 19-1-105 (1)(d).
1113 [
1114 (a) possesses any material or component:
1115 (i) that contains radioactivity or is radioactively contaminated; and
1116 (ii) for which the person foresees no further use; and
1117 (b) transfers the material or component to:
1118 (i) a commercial radioactive waste treatment or disposal facility; or
1119 (ii) a broker.
1120 [
1121 dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
1122 defense-related wastes.
1123 (b) "High-level nuclear waste" does not include medical or institutional wastes,
1124 naturally-occurring radioactive materials, or uranium mill tailings.
1125 [
1126 radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or
1127 quantities which exceed applicable federal or state standards for unrestricted release.
1128 (b) "Low-level radioactive waste" does not include waste containing more than 100
1129 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor
1130 material classified as either high-level waste or waste which is unsuited for disposal by
1131 near-surface burial under any applicable federal regulations.
1132 [
1133 rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
1134 [
1135 spontaneously from decay of unstable nuclei.
1136 Section 19. Section 19-3-103 is amended to read:
1137 19-3-103. Radiation Control Board -- Members -- Organization -- Meetings -- Per
1138 diem and expenses.
1139 (1) The board [
1140 nine members[
1141 (a) H. the following non-voting member, except that the member may vote to break a
1141a tie vote between the voting members: .H
1141b (i) the executive director[
House Committee Amendments 2-9-2012 je/tjn
Senate 2nd Reading Amendments 2-3-2012 kh/tjn
1142
(ii) an employee of the department designated by the executive director; and1142
1143 (b) the following eight H. voting .H members, who shall be appointed by the
1143a governor with the
1144 consent of the Senate[
1145 (i) one representative who is:
1146 (A) a health physicist; or
1147 (B) a professional employed in the field of radiation safety;
1148 (ii) two government representatives who do not represent the federal government;
1149 (iii) one representative from the radioactive waste management industry;
1150 (iv) one representative from the uranium milling industry;
1151 (v) one representative from the regulated industry who is knowledgeable about
1152 radiation control regulatory issues;
1153 (vi) one representative from the public who represents H. [
1153a environmental .S
1154 organization;
1154a (A) an environmental nongovernmental organization; or
1154b (B) a nongovernmental organization that represents community interests and does not
1154c represent industry interests; .H and
1155 (vii) one representative from the public who is trained and experienced in public
1156 health.
1157 [
1158 [
1159 (a) be knowledgeable about radiation protection [
1160 evidenced by a professional degree, a professional accreditation, or documented experience;
1161 [
1162 [
1163 [
1164 [
1165
1166
1167 [
1168 [
1169 [
1170 [
1171
1172 (b) be a resident of Utah;
1173
1174 department under Subsection 19-1-201 (1)(d)(i)(A); and
1175 (d) comply with all applicable statutes, rules, and policies, including the conflict of
1176 interest rules made by the department under Subsection 19-1-201 (1)(d)(ii)(B).
1177 (3) No more than five appointed members shall be from the same political party.
1178 (4) (a) [
1179
1180 four-year term.
1181 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1182 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1183 board members are staggered so that [
1184 every two years.
1185 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
1186 appointed before July 1, 2012 shall expire on June 30, 2012.
1187 (ii) On July 1, 2012, the governor shall appoint or reappoint board members in
1188 accordance with this section.
1189 (5) Each board member is eligible for reappointment to more than one term.
1190 (6) Each board member shall continue in office until the expiration of his term and
1191 until a successor is appointed, but not more than 90 days after the expiration of his term.
1192 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
1193 appointed for the unexpired term by the governor, after considering recommendations by the
1194 department and with the consent of the Senate.
1195 (8) The board shall annually elect a chair and vice chair from its members.
1196 (9) The board shall meet at least quarterly. Other meetings may be called by the chair,
1197 by the [
1198 (10) Reasonable notice shall be given each member of the board prior to any meeting.
1199 (11) [
1200 members present is the action of the board.
1201 (12) A member may not receive compensation or benefits for the member's service, but
1202 may receive per diem and travel expenses in accordance with:
1203 (a) Section 63A-3-106 ;
1204
1205 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1206 63A-3-107 .
1207 Section 20. Section 19-3-103.5 is amended to read:
1208 19-3-103.5. Board authority and duties.
1209 (1) The board may:
1210 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1211 Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;
1212 [
1213
1214
1215 (b) recommend that the director:
1216 [
1217 (ii) enforce the orders by appropriate administrative and judicial proceedings[
1218 (iii) institute judicial proceedings to secure compliance with this part;
1219 (c) (i) hold a hearing that is not an adjudicative proceeding [
1220
1221
1222 (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding[
1223
1224 [
1225
1226 [
1227
1228 [
1229
1230 [
1231
1232 [
1233
1234
1235
1236
1237 [
1238
1239 [
1240 private agencies, including the federal government, for the purpose of carrying out any of the
1241 functions of this part; or
1242 [
1243 [
1244
1245
1246 [
1247
1248
1249 [
1250
1251
1252 (e) order the director to impound radioactive material in accordance with Section
1253 19-3-111 .
1254 (2) The board shall:
1255 [
1256
1257 [
1258 19-3-107 as soon as practicable; [
1259 [
1260 [
1261
1262
1263
1264 (b) promote the planning and application of pollution prevention and radioactive waste
1265 minimization measures to prevent the unnecessary waste and depletion of natural resources;
1266
1267 (i) review a settlement negotiated by the director in accordance with Subsection
1268 19-3-108 (3)(b) that requires a civil penalty of $25,000 or more; and
1269 (ii) approve or disapprove the settlement;
1270 (d) submit an application to the U.S. Food and Drug Administration for approval as an
1271 accrediting body in accordance with 42 U.S.C. 263b, Mammography Quality Standards Act of
1272 1992;
1273 (e) accredit mammography facilities, pursuant to approval as an accrediting body from
1274 the U.S. Food and Drug Administration, in accordance with 42 U.S.C. 263b, Mammography
1275 Quality Standards Act of 1992; and
1276 (f) review the qualifications of, and issue certificates of approval to, individuals who:
1277 (i) survey mammography equipment; or
1278 (ii) oversee quality assurance practices at mammography facilities.
1279 (3) The board may not issue, amend, renew, modify, revoke, or terminate any of the
1280 following that are subject to the authority granted to the director under Section 19-3-108 :
1281 (a) a permit;
1282 (b) a license;
1283 (c) a registration;
1284 (d) a certification; or
1285 (e) another administrative authorization made by the director.
1286 (4) A board member may not speak or act for the board unless the board member is
1287 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1288 Section 21. Section 19-3-104 is amended to read:
1289 19-3-104. Registration and licensing of radiation sources by department --
1290 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
1291 (1) As used in this section:
1292 (a) "Decommissioning" includes financial assurance.
1293 (b) "Source material" and "byproduct material" have the same definitions as in 42
1294 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
1295 (2) The [
1296 that constitute a significant health hazard.
1297
1298 shall be registered or licensed by the department.
1299 (4) The board may make rules:
1300 (a) necessary for controlling exposure to sources of radiation that constitute a
1301 significant health hazard;
1302 (b) to meet the requirements of federal law relating to radiation control to ensure the
1303 radiation control program under this part is qualified to maintain primacy from the federal
1304 government;
1305 (c) to establish:
1306 (i) board accreditation requirements and procedures for mammography facilities; and
1307 (ii) certification procedure and qualifications for persons who survey mammography
1308 equipment and oversee quality assurance practices at mammography facilities; and
1309 (d) as necessary regarding the possession, use, transfer, or delivery of source and
1310 byproduct material and the disposal of byproduct material to establish requirements for:
1311 (i) the licensing, operation, decontamination, and decommissioning, including financial
1312 assurances; and
1313 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
1314 activities described in this Subsection (4).
1315 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
1316 byproduct material and the disposal of byproduct material at uranium mills or commercial
1317 waste facilities, as provided in this Subsection (5).
1318 (b) On and after January 1, 2003 through March 30, 2003:
1319 (i) $6,667 per month for uranium mills or commercial sites disposing of or
1320 reprocessing byproduct material; and
1321 (ii) $4,167 per month for those uranium mills the [
1322 determined are on standby status.
1323 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
1324 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
1325 amendment for agreement state status for uranium recovery regulation on or before March 30,
1326 2003.
1327 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
1328
1329 are not required to be paid until on and after the later date of:
1330 (i) October 1, 2003; or
1331 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
1332 agreement state status for uranium recovery regulation.
1333 (e) For the payment periods beginning on and after July 1, 2003, the department shall
1334 establish the fees required under Subsection (5)(a) under Section 63J-1-504 , subject to the
1335 restrictions under Subsection (5)(d).
1336 (f) The [
1337 into the Environmental Quality Restricted Account created in Section 19-1-108 .
1338 (6) (a) The [
1339 inspection of radiation sources under this section.
1340 (b) The [
1341 in assessing fees for licensure and registration.
1342 (7) The [
1343 Health rules made under Section 26-21a-203 .
1344 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
1345 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
1346 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
1347 than the corresponding federal regulations which address the same circumstances.
1348 (b) In adopting those rules, the board may incorporate corresponding federal
1349 regulations by reference.
1350 (9) (a) The board may adopt rules more stringent than corresponding federal
1351 regulations for the purpose described in Subsection (8) only if it makes a written finding after
1352 public comment and hearing and based on evidence in the record that corresponding federal
1353 regulations are not adequate to protect public health and the environment of the state.
1354 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
1355 public health and environmental information and studies contained in the record which form
1356 the basis for the board's conclusion.
1357 (10) (a) The board shall by rule:
1358 (i) authorize independent qualified experts to conduct inspections required under this
1359
1360 (ii) establish qualifications and certification procedures necessary for independent
1361 experts to conduct these inspections.
1362 (b) Independent experts under this Subsection (10) are not considered employees or
1363 representatives of the division or the state when conducting the inspections.
1364 (11) (a) The board may by rule establish criteria for siting commercial low-level
1365 radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
1366 19-3-103.7 .
1367 (b) Subject to Subsection 19-3-105 (10), any facility under Subsection (11)(a) for which
1368 a radioactive material license is required by this section shall comply with those criteria.
1369 (c) Subject to Subsection 19-3-105 (10), a facility may not receive a radioactive
1370 material license until siting criteria have been established by the board. The criteria also apply
1371 to facilities that have applied for but not received a radioactive material license.
1372 (12) The board shall by rule establish financial assurance requirements for closure and
1373 postclosure care of radioactive waste land disposal facilities, taking into account existing
1374 financial assurance requirements.
1375 Section 22. Section 19-3-105 is amended to read:
1376 19-3-105. Definitions -- Legislative and gubernatorial approval required for
1377 radioactive waste license -- Exceptions -- Application for new, renewed, or amended
1378 license.
1379 (1) As used in this section:
1380 (a) "Alternate feed material" has the same definition as provided in Section 59-24-102 .
1381 (b) (i) "Class A low-level radioactive waste" means:
1382 (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
1383 (B) radium-226 up to a maximum radionuclide concentration level of 10,000
1384 picocuries per gram.
1385 (ii) "Class A low-level radioactive waste" does not include:
1386 (A) uranium mill tailings;
1387 (B) naturally occurring radioactive materials; or
1388 (C) the following radionuclides if classified as "special nuclear material" under the
1389 Atomic Energy Act of 1954, 42 U.S.C. 2014:
1390
1391 (II) uranium-235 with a radionuclide concentration level greater than the concentration
1392 limits for specific conditions and enrichments established by an order of the Nuclear
1393 Regulatory Commission:
1394 (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
1395 (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
1396 waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
1397 nuclear material exemption order.
1398 (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
1399 stores, decays in storage, treats, or disposes of radioactive waste:
1400 (A) commercially for profit; or
1401 (B) generated at locations other than the radioactive waste facility.
1402 (ii) "Radioactive waste facility" does not include a facility that receives:
1403 (A) alternate feed material for reprocessing; or
1404 (B) radioactive waste from a location in the state designated as a processing site under
1405 42 U.S.C. 7912(f).
1406 (d) "Radioactive waste license" or "license" means a radioactive material license issued
1407 by the [
1408 modify, or operate a radioactive waste facility.
1409 (2) The provisions of this section are subject to the prohibition under Section
1410 19-3-103.7 .
1411 (3) Subject to Subsection (10), a person may not own, construct, modify, or operate a
1412 radioactive waste facility without:
1413 (a) having received a radioactive waste license for the facility;
1414 (b) meeting the requirements established by rule under Section 19-3-104 ;
1415 (c) the approval of the governing body of the municipality or county responsible for
1416 local planning and zoning where the radioactive waste is or will be located; and
1417 (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
1418 approval of the governor and the Legislature.
1419 (4) Subject to Subsection (10), a new radioactive waste license application, or an
1420 application to renew or amend an existing radioactive waste license, is subject to the
1421
1422 (a) specifies a different geographic site than a previously submitted application;
1423 (b) would cost 50% or more of the cost of construction of the original radioactive
1424 waste facility or the modification would result in an increase in capacity or throughput of a
1425 cumulative total of 50% of the total capacity or throughput which was approved in the facility
1426 license as of January 1, 1990, or the initial approval facility license if the initial license
1427 approval is subsequent to January 1, 1990; or
1428 (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of
1429 radioactive waste having a higher radionuclide concentration limit than allowed, under an
1430 existing approved license held by the facility, for the specific type of waste to be received,
1431 transferred, stored, decayed in storage, treated, or disposed of.
1432 (5) The requirements of Subsection (4)(c) do not apply to an application to renew or
1433 amend an existing radioactive waste license if:
1434 (a) the radioactive waste facility requesting the renewal or amendment has received a
1435 license prior to January 1, 2004; and
1436 (b) the application to renew or amend its license is limited to a request to approve the
1437 receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
1438 radioactive waste.
1439 (6) A radioactive waste facility which receives a new radioactive waste license after
1440 May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
1441 application, renewal, or amendment that requests approval to receive, transfer, store, decay in
1442 storage, treat, or dispose of radioactive waste not previously approved under an existing license
1443 held by the facility.
1444 (7) If the board finds that approval of additional radioactive waste license applications,
1445 renewals, or amendments will result in inadequate oversight, monitoring, or licensure
1446 compliance and enforcement of existing and any additional radioactive waste facilities, the
1447 board shall suspend acceptance of further applications for radioactive waste licenses. The
1448 board shall report the suspension to the Legislative Management Committee.
1449 (8) The [
1450 application to determine whether the application complies with the provisions of this chapter
1451 and the rules of the board.
1452
1453 [
1454 (b) If the [
1455 incomplete, the [
1456 information to be provided by the applicant to complete the application.
1457 (10) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104 (11) do
1458 not apply to:
1459 (a) a radioactive waste license that is in effect on December 31, 2006, including all
1460 amendments to the license that have taken effect as of December 31, 2006;
1461 (b) a license application for a facility in existence as of December 31, 2006, unless the
1462 license application includes an area beyond the facility boundary approved in the license
1463 described in Subsection (10)(a); or
1464 (c) an application to renew or amend a license described in Subsection (10)(a), unless
1465 the renewal or amendment includes an area beyond the facility boundary approved in the
1466 license described in Subsection (10)(a).
1467 Section 23. Section 19-3-106.4 is amended to read:
1468 19-3-106.4. Generator site access permits.
1469 (1) A generator or broker may not transfer radioactive waste to a commercial
1470 radioactive waste treatment or disposal facility in the state without first obtaining a generator
1471 site access permit from the [
1472 (2) The board may make rules pursuant to Section 19-3-104 governing a generator site
1473 access permit program.
1474 (3) (a) Except as provided in Subsection (3)(b), the [
1475 establish fees for generator site access permits in accordance with Section 63J-1-504 .
1476 (b) On and after July 1, 2001 through June 30, 2002, the fees are:
1477 (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per
1478 year;
1479 (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per
1480 year; and
1481 (iii) $5,000 for brokers.
1482 (c) The [
1483
1484 (4) This section does not apply to a generator or broker transferring radioactive waste
1485 to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
1486 Section 24. Section 19-3-108 is amended to read:
1487 19-3-108. Powers and duties of director.
1488 (1) The executive director shall appoint [
1489
1490 executive director.
1491 (2) The [
1492 (a) develop programs to promote and protect the public from radiation sources in the
1493 state;
1494 (b) advise, consult, [
1495 agencies, states, the federal government, political subdivisions, industries, and other [
1496
1497 Control Act;
1498 [
1499 (c) receive specifications or other information relating to licensing applications for
1500 radioactive materials or registration of radiation sources for review, approval, disapproval, or
1501 termination;
1502 [
1503 administrative authorizations;
1504 [
1505 [
1506 (f) assess penalties in accordance with Section 19-3-109 ;
1507 [
1508 [
1509
1510
1511 (h) issue orders necessary to enforce the provisions of this part, enforce the orders by
1512 appropriate administrative and judicial proceedings, or institute judicial proceedings to secure
1513 compliance with this part; and
1514
1515 executive secretary of the board under the direction of the chairman of the board.
1516 (3) The director may:
1517 (a) cooperate with any person in studies, research, or demonstration projects regarding
1518 radioactive waste management or control of radiation sources;
1519 (b) subject to Subsection 19-3-103.5 (2)(c), settle or compromise any civil action
1520 initiated by the division to compel compliance with this chapter or the rules made under this
1521 chapter; or
1522 (c) authorize employees or representatives of the department to enter, at reasonable
1523 times and upon reasonable notice, in and upon public or private property for the purpose of
1524 inspecting and investigating conditions and records concerning radiation sources.
1525 Section 25. Section 19-3-109 is amended to read:
1526 19-3-109. Civil penalties -- Appeals.
1527 (1) A person who violates any provision of Sections 19-3-104 through 19-3-113 , any
1528 rule or order issued under the authority of those sections, or the terms of a license, permit, or
1529 registration certificate issued under the authority of those sections is subject to a civil penalty
1530 not to exceed $5,000 for each violation.
1531 (2) The [
1532 this section and may compromise or remit that penalty.
1533 (3) In order to make demand for payment of a penalty assessed under this section, the
1534 [
1535 requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative
1536 Procedures Act:
1537 (a) the date, facts, and nature of each act or omission charged;
1538 (b) the provision of the statute, rule, order, license, permit, or registration certificate
1539 that is alleged to have been violated;
1540 (c) each penalty that the [
1541 amount and date of effect of that penalty; and
1542 (d) that failure to pay the penalty or respond may result in a civil action for collection.
1543 (4) A person notified according to Subsection (3) may request an adjudicative
1544 proceeding.
1545
1546 action to collect a penalty imposed under this section.
1547 (6) (a) Except as provided in Subsection (6)(b), the department shall deposit all money
1548 collected from civil penalties imposed under this section into the General Fund.
1549 (b) The department may reimburse itself and local governments from money collected
1550 from civil penalties for extraordinary expenses incurred in environmental enforcement
1551 activities.
1552 (c) The department shall regulate reimbursements by making rules that:
1553 (i) define qualifying environmental enforcement activities; and
1554 (ii) define qualifying extraordinary expenses.
1555 Section 26. Section 19-3-111 is amended to read:
1556 19-3-111. Impounding of radioactive material.
1557 (1) The [
1558 (a) the material poses an imminent threat or danger to the public health or safety; or
1559 (b) that person is violating:
1560 (i) any provision of Sections 19-3-104 through 19-3-113 ;
1561 (ii) any rules or orders enacted or issued under the authority of those sections; or
1562 (iii) the terms of a license, permit, or registration certificate issued under the authority
1563 of those sections.
1564 (2) Before any dispositive action may be taken with regard to impounded radioactive
1565 materials, the [
1566 Chapter 4, Administrative Procedures Act and Section 19-1-301 .
1567 Section 27. Section 19-4-102 is amended to read:
1568 19-4-102. Definitions.
1569 As used in this chapter:
1570 (1) "Board" means the Drinking Water Board appointed under Section 19-4-103 .
1571 (2) "Contaminant" means a physical, chemical, biological, or radiological substance or
1572 matter in water.
1573 [
1574 (3) "Director" means the director of the Division of Drinking Water.
1575 (4) "Division" means the Division of Drinking Water, created in Subsection
House Committee Amendments 2-9-2012 je/tjn
1576
19-1-105
(1)(b).1576
1577 [
1578 which groundwater flows or is pumped from a subsurface water-bearing formation.
1579 (b) "Groundwater source" includes:
1580 (i) a well;
1581 (ii) a spring;
1582 (iii) a tunnel; or
1583 (iv) an adit.
1584 [
1585 contaminant in water that is delivered to a user of a public water system.
1586 [
1587 consumption and other domestic uses that:
1588 (i) has at least 15 service connections; or
1589 (ii) serves an average of 25 individuals daily for at least 60 days of the year.
1590 (b) "Public water system" includes:
1591 (i) a collection, treatment, storage, or distribution facility under the control of the
1592 operator and used primarily in connection with the system; and
1593 (ii) a collection, pretreatment, or storage facility used primarily in connection with the
1594 system but not under the operator's control.
1595 [
1596 (a) supplies water for human consumption and other domestic uses to an end user; and
1597 (b) has more than 500 service connections.
1598 [
1599 [
1600 person's water to a retail water supplier.
1601 Section 28. Section 19-4-103 is amended to read:
1602 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
1603 diem and expenses.
1604 (1) The board [
1605
1606 (a) H. the following non-voting member, except that the member may vote to break a
1606a tie vote between the voting members: .H
1606b (i) the executive director [
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Senate 2nd Reading Amendments 2-3-2012 kh/tjn
1607
(ii) an employee of the department designated by the executive director; and1607
1608 (b) the following eight H. voting .H members, who shall be appointed by the
1608a governor with the
1609 consent of the Senate[
1610 (i) one representative who is a Utah-licensed professional engineer with expertise in
1611 civil or sanitary engineering;
1612 (ii) two representatives who are elected officials from a municipal government that is
1613 involved in the management or operation of a public water system;
1614 (iii) one representative from an improvement district, a water conservancy district, or a
1615 metropolitan water district;
1616 (iv) one representative from an entity that manages or operates a public water system;
1617 (v) one representative from:
1618 (A) the state water research community; or
1619 (B) an institution of higher education that has comparable expertise in water research
1620 to the state water research community;
1621 (vi) one representative from the public who represents H. [
1621a environmental .S
1622 organization; ] :
1622a (A) an environmental nongovernmental organization; or
1622b (B) a nongovernmental organization that represents community interests and does not
1622c represent industry interests; .H and
1623 (vii) one representative from the public who is trained and experienced in public
1624 health.
1625 [
1626 [
1627 (a) be knowledgeable about drinking water and public water systems [
1628 evidenced by a professional degree, a professional accreditation, or documented experience;
1629 (b) represent different geographical areas within the state insofar as practicable[
1630 (c) be a resident of Utah;
1631 (d) attend board meetings in accordance with the attendance rules made by the
1632 department under Subsection 19-1-201 (1)(d)(i)(A); and
1633 (e) comply with all applicable statutes, rules, and policies, including the conflict of
1634 interest rules made by the department under Subsection 19-1-201 (1)(d)(ii)(B).
1635 (3) No more than five appointed members of the board shall be from the same political
1636 party.
1637 [
1638
1639
1640 [
1641
1642 [
1643
1644 [
1645
1646 [
1647
1648 [
1649
1650
1651 [
1652 [
1653
1654
1655 [
1656 (4) (a) As terms of current board members expire, the governor shall appoint each new
1657 member or reappointed member to a four-year term.
1658 [
1659 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
1660 terms of board members are staggered so that [
1661 appointed every two years.
1662 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
1663 appointed before May 1, 2013 shall expire on April 30, 2013.
1664 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
1665 accordance with this section.
1666 [
1667 shall be appointed for the unexpired term.
1668 [
1669
1670 [
1671 [
1672 (b) Special meetings may be called by the chair upon [
1673 upon the request of the [
1674 the board.
1675 (c) Reasonable notice shall be given to each member of the board [
1676 meeting.
1677 [
1678 majority of the members present is the action of the board.
1679 [
1680 service, but may receive per diem and travel expenses in accordance with:
1681 (a) Section 63A-3-106 ;
1682 (b) Section 63A-3-107 ; and
1683 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1684 63A-3-107 .
1685 Section 29. Section 19-4-104 is amended to read:
1686 19-4-104. Powers of board.
1687 (1) (a) The board may[
1688 Administrative Rulemaking Act:
1689 (i) establishing standards that prescribe the maximum contaminant levels in any public
1690 water system and provide for monitoring, record-keeping, and reporting of water quality related
1691 matters;
1692 (ii) governing design, construction, operation, and maintenance of public water
1693 systems;
1694 (iii) granting variances and exemptions to the requirements established under this
1695 chapter that are not less stringent than those allowed under federal law;
1696 (iv) protecting watersheds and water sources used for public water systems; and
1697 (v) governing capacity development in compliance with Section 1420 of the federal
1698 Safe Drinking Water Act, 42 U.S.C.A. 300f et seq.;
1699 (b) The board may:
1700
1701 [
1702 (B) enforce the orders by appropriate administrative and judicial proceedings[
1703 (C) institute judicial proceedings to secure compliance with this chapter;
1704 [
1705 administration of this chapter [
1706
1707
1708 [
1709 proceeding [
1710 [
1711
1712 [
1713
1714 [
1715
1716 [
1717
1718
1719
1720 [
1721
1722
1723
1724
1725 [
1726 entities, and the federal government to carry out the purposes of this chapter[
1727 [
1728
1729
1730 [
1731
1732
1733
1734
1735 [
1736 [
1737
1738 (c) The board shall:
1739 (i) require the submission to the director of plans and specifications for construction of,
1740 substantial addition to, or alteration of public water systems for review and approval by the
1741 board before that action begins and require any modifications or impose any conditions that
1742 may be necessary to carry out the purposes of this chapter;
1743 (ii) advise, consult, cooperate with, provide technical assistance to, and enter into
1744 agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
1745 municipalities, local health departments, educational institutions, and others necessary to carry
1746 out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
1747 local jurisdictions;
1748 (iii) develop and implement an emergency plan to protect the public when declining
1749 drinking water quality or quantity creates a serious health risk and issue emergency orders if a
1750 health risk is imminent; and
1751 (iv) meet the requirements of federal law related or pertaining to drinking water.
1752 (2) (a) The board may adopt and enforce standards and establish fees for certification
1753 of operators of any public water system.
1754 (b) The board may not require certification of operators for a water system serving a
1755 population of 800 or less except:
1756 (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
1757 Water Act, 42 U.S.C.A. 300f et seq.; and
1758 (ii) for a system that is required to treat its drinking water.
1759 (c) The certification program shall be funded from certification and renewal fees.
1760 (3) Routine extensions or repairs of existing public water systems that comply with the
1761 rules and do not alter the system's ability to provide an adequate supply of water are exempt
1762
1763 (4) (a) The board may adopt and enforce standards and establish fees for certification
1764 of persons engaged in administering cross connection control programs or backflow prevention
1765 assembly training, repair, and maintenance testing.
1766 (b) The certification program shall be funded from certification and renewal fees.
1767 (5) A board member may not speak or act for the board unless the board member is
1768 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1769 Section 30. Section 19-4-106 is amended to read:
1770 19-4-106. Director -- Appointment -- Authority.
1771 [
1772
1773
1774 (1) The executive director shall appoint the director. The director shall serve under the
1775 administrative direction of the executive director.
1776 (2) The director shall:
1777 [
1778 water supplies of the state;
1779 [
1780 federal government, and with other groups, political subdivisions, and industries in furtherance
1781 of the purpose of this chapter;
1782 [
1783 water supply systems to [
1784 [
1785 (d) subject to the provisions of this chapter, enforce rules made by the board through
1786 the issuance of orders which may be subsequently revoked, which rules may require:
1787 [
1788 [
1789 [
1790 to protect or improve an existing water system[
1791 (e) as authorized by the board and subject to the provisions of this chapter, act as
1792 executive secretary of the board under the direction of the chairman of the board.
1793
1794 notice and presentation of credentials, to enter any part of a public water system at reasonable
1795 times to inspect the facilities and water quality records required by board rules, conduct
1796 sanitary surveys, take samples, and investigate the standard of operation and service delivered
1797 by public water systems.
1798 Section 31. Section 19-4-107 is amended to read:
1799 19-4-107. Notice of violation of rule or order -- Action by attorney general.
1800 (1) Upon discovery of any violation of a rule or order of the board, the board or [
1801
1802 nature of the violation, and issue an order requiring correction of that violation or the filing of a
1803 request for variance or exemption by a specific date.
1804 (2) The attorney general shall, upon request of the [
1805 action for an injunction or other relief relative to the order.
1806 Section 32. Section 19-4-109 is amended to read:
1807 19-4-109. Violations -- Penalties -- Reimbursement for expenses.
1808 (1) Any person that violates any rule or order made or issued pursuant to this chapter is
1809 subject to a civil penalty of not more than $1,000 per day for each day of violation. The board
1810 may assess and make a demand for payment of a penalty under this section by directing the
1811 [
1812 Administrative Procedures Act.
1813 (2) (a) Any person that willfully violates any rule or order made or issued pursuant to
1814 this chapter, or that willfully fails to take any corrective action required by such an order, is
1815 guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each
1816 day of violation.
1817 (b) In addition, the person is subject, in a civil proceeding, to a penalty of not more
1818 than $5,000 per day for each day of violation.
1819 (3) (a) Except as provided in Subsection (3)(b), all penalties assessed and collected
1820 under the authority of this section shall be deposited in the General Fund.
1821 (b) The department may reimburse itself and local governments from money collected
1822 from civil penalties for extraordinary expenses incurred in environmental enforcement
1823 activities.
1824
1825 (i) define qualifying environmental enforcement activities; and
1826 (ii) define qualifying extraordinary expenses.
1827 Section 33. Section 19-5-102 (Effective 07/01/12) is amended to read:
1828 19-5-102 (Effective 07/01/12). Definitions.
1829 As used in this chapter:
1830 (1) "Agriculture discharge":
1831 (a) means the release of agriculture water from the property of a farm, ranch, or feed lot
1832 that:
1833 (i) pollutes a surface body of water, including a stream, lake, pond, marshland,
1834 watercourse, waterway, river, ditch, and other water conveyance system of the state;
1835 (ii) pollutes the ground water of the state; or
1836 (iii) constitutes a significant nuisance on urban land; and
1837 (b) does not include:
1838 (i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land
1839 that is not part of a body of water; or
1840 (ii) a release into a normally dry water conveyance to an active body of water, unless
1841 the release reaches the water of a lake, pond, stream, marshland, river, or other active body of
1842 water.
1843 (2) "Agriculture water" means:
1844 (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
1845 (b) return flows from irrigated agriculture; and
1846 (c) agricultural storm water runoff.
1847 (3) "Board" means the Water Quality Board created in Section 19-1-106 .
1848 (4) "Commission" means the Conservation Commission created in Section 4-18-4 .
1849 (5) "Contaminant" means any physical, chemical, biological, or radiological substance
1850 or matter in water.
1851 (6) "Director" means the director of the Division of Water Quality or, for purposes of
1852 groundwater quality at a facility licensed by and under the jurisdiction of the Division of
1853 Radiation Control, the director of the Division of Radiation Control.
1854 [
1855
1856 (a) discharges or whose activities would probably result in a discharge of pollutants
1857 into the waters of the state; or
1858 (b) generates or manages sewage sludge.
1859 [
1860 sewerage systems and treatment works.
1861 (10) "Division" means the Division of Water Quality, created in Subsection
1862 19-1-105 (1)(f).
1863 [
1864 including schedules of compliance established under this chapter which apply to discharges.
1865 [
1866 [
1867 (a) means any discernible, confined, and discrete conveyance, including any pipe,
1868 ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
1869 animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
1870 discharged; and
1871 (b) does not include return flows from irrigated agriculture.
1872 [
1873 chemical, physical, biological, or radiological integrity of any waters of the state, unless the
1874 alteration is necessary for the public health and safety.
1875 [
1876 pollutants owned by the state, its political subdivisions, or other public entity.
1877 [
1878 including an enforceable sequence of actions or operations leading to compliance with this
1879 chapter.
1880 [
1881 during the treatment of municipal wastewater or domestic sewage.
1882 [
1883 other constructions, devices, appurtenances, and facilities used for collecting or conducting
1884 wastes to a point of ultimate disposal.
1885 [
House Committee Amendments 2-9-2012 je/tjn
1886
of a pollutant that a body of water can receive and still meet water quality standards.1886
1887 [
1888 station, incinerator, or other works used for the purpose of treating, stabilizing, or holding
1889 wastes.
1890 [
1891 well injection.
1892 [
1893 domestic wastewater discharges as defined by the board and the executive director.
1894 [
1895 residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
1896 radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
1897 industrial, municipal, and agricultural waste discharged into water.
1898 [
1899 (a) means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
1900 irrigation systems, drainage systems, and all other bodies or accumulations of water, surface
1901 and underground, natural or artificial, public or private, which are contained within, flow
1902 through, or border upon this state or any portion of the state; and
1903 (b) does not include bodies of water confined to and retained within the limits of
1904 private property, and which do not develop into or constitute a nuisance, a public health hazard,
1905 or a menace to fish or wildlife.
1906 Section 34. Section 19-5-103 is amended to read:
1907 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
1908 Organization -- Meetings -- Per diem and expenses.
1909 (1) The board [
1910 (a) H. the following non-voting member, except that the member may vote to break a
1910a tie vote between the voting members: .H
1910b (i) the executive director [
1911 (ii) an employee of the department designated by the executive director; and
1912 (b) the following eight H. voting .H members, who shall be appointed by the
1912a governor with the
1913 consent of the Senate[
1914 (i) one representative who:
1915 (A) is not connected with industry;
1916 (B) is an expert in water quality matters; and
House Committee Amendments 2-9-2012 je/tjn
Senate 2nd Reading Amendments 2-3-2012 kh/tjn
1917
(C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist1917
1918 with relevant training and experience;
1919 (ii) two government representatives who do not represent the federal government;
1920 (iii) one representative from the mineral industry;
1921 (iv) one representative from the manufacturing industry;
1922 (v) one representative who represents agricultural and livestock interests;
1923 (vi) one representative from the public who represents H. [
1923a environmental .S
1924 organization; ] :
1924a (A) an environmental nongovernmental organization; or
1924b (B) a nongovernmental organization that represents community interests and does not
1924c represent industry interests; .H and
1925 (vii) one representative from the public who is trained and experienced in public
1926 health.
1927 [
1928 [
1929 [
1930 [
1931 [
1932 [
1933
1934 [
1935 [
1936 [
1937 [
1938
1939
1940 [
1941 (2) A member of the board shall:
1942 (a) be knowledgeable about water quality matters, as evidenced by a professional
1943 degree, a professional accreditation, or documented experience;
1944 (b) be a resident of Utah;
1945 (c) attend board meetings in accordance with the attendance rules made by the
1946 department under Subsection 19-1-201 (1)(d)(i)(A); and
1947 (d) comply with all applicable statutes, rules, and policies, including the conflict of
1948
1949 (3) No more than five of the appointed members may be from the same political party.
1950 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
1951 appointed for the unexpired term with the consent of the Senate.
1952 (5) (a) [
1953 term of four years and is eligible for reappointment.
1954 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1955 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1956 board members are staggered so that [
1957 every two years.
1958 (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
1959 appointed before March 1, 2013 shall expire on February 28, 2013.
1960 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
1961 accordance with this section.
1962 (6) A member shall hold office until the expiration of the member's term and until the
1963 member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
1964 (7) The board shall:
1965 (a) organize and annually select one of its members as chair and one of its members as
1966 vice chair;
1967 (b) hold at least four regular meetings each calendar year; and
1968 (c) keep minutes of its proceedings which are open to the public for inspection.
1969 (8) The chair may call a special meeting upon the request of three or more members of
1970 the board.
1971 (9) Each member of the board and the [
1972 the time and place of each meeting.
1973 (10) [
1974 business, and the action of a majority of members present is the action of the board.
1975 (11) A member may not receive compensation or benefits for the member's service, but
1976 may receive per diem and travel expenses in accordance with:
1977 (a) Section 63A-3-106 ;
1978 (b) Section 63A-3-107 ; and
1979
1980 63A-3-107 .
1981 Section 35. Section 19-5-104 (Effective 07/01/12) is amended to read:
1982 19-5-104 (Effective 07/01/12). Powers and duties of board.
1983 [
1984 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1985 board may make rules that:
1986 (a) taking into account Subsection (6):
1987 (i) implement the awarding of construction loans to political subdivisions and
1988 municipal authorities under Section 11-8-2 , including:
1989 (A) requirements pertaining to applications for loans;
1990 (B) requirements for determination of eligible projects;
1991 (C) requirements for determination of the costs upon which loans are based, which
1992 costs may include engineering, financial, legal, and administrative expenses necessary for the
1993 construction, reconstruction, and improvement of sewage treatment plants, including major
1994 interceptors, collection systems, and other facilities appurtenant to the plant;
1995 (D) a priority schedule for awarding loans, in which the board may consider, in
1996 addition to water pollution control needs, any financial needs relevant, including per capita
1997 cost, in making a determination of priority; and
1998 (E) requirements for determination of the amount of the loan;
1999 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
2000 73-10c-4.5 ;
2001 (iii) set effluent limitations and standards subject to Section 19-5-116 ;
2002 (iv) implement or effectuate the powers and duties of the board; and
2003 (v) protect the public health for the design, construction, operation, and maintenance of
2004 underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
2005 pit privies;
2006 (b) govern inspection, monitoring, recordkeeping, and reporting requirements for
2007 underground injections and require permits for underground injections, to protect drinking
2008 water sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and
2009 oil, recognizing that underground injection endangers drinking water sources if:
2010
2011 supplies or can reasonably be expected to supply any public water system, as defined in Section
2012 19-4-102 ; and
2013 (ii) the presence of the contaminant may:
2014 (A) result in the public water system not complying with any national primary drinking
2015 water standards; or
2016 (B) otherwise adversely affect the health of persons;
2017 (c) govern sewage sludge management, including permitting, inspecting, monitoring,
2018 recordkeeping, and reporting requirements; and
2019 (d) notwithstanding the provisions of Section 19-4-112 , govern design and construction
2020 of irrigation systems that:
2021 (i) convey sewage treatment facility effluent of human origin in pipelines under
2022 pressure, unless contained in surface pipes wholly on private property and for agricultural
2023 purposes; and
2024 (ii) are constructed after May 4, 1998.
2025 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2026 the board shall adopt and enforce rules and establish fees to cover the costs of testing for
2027 certification of operators of treatment works and sewerage systems operated by political
2028 subdivisions.
2029 (b) In establishing certification rules under Subsection (2)(a), the board shall:
2030 (i) base the requirements for certification on the size, treatment process type, and
2031 complexity of the treatment works and sewerage systems operated by political subdivisions;
2032 (ii) allow operators until three years after the date of adoption of the rules to obtain
2033 initial certification;
2034 (iii) allow a new operator one year from the date the operator is hired by a treatment
2035 plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
2036 later, to obtain certification;
2037 (iv) issue certification upon application and without testing, at a grade level
2038 comparable to the grade of current certification to operators who are currently certified under
2039 the voluntary certification plan for wastewater works operators as recognized by the board; and
2040 (v) issue a certification upon application and without testing that is valid only at the
2041
2042 (A) is in charge of and responsible for the treatment works or sewerage system on
2043 March 16, 1991;
2044 (B) has been employed at least 10 years in the operation of that treatment works or
2045 sewerage system before March 16, 1991; and
2046 (C) demonstrates to the board the operator's capability to operate the treatment works
2047 or sewerage system at which the operator is currently employed by providing employment
2048 history and references as required by the board.
2049 (3) The board shall:
2050 (a) develop programs for the prevention, control, and abatement of new or existing
2051 pollution of the waters of the state;
2052 [
2053
2054
2055 [
2056
2057
2058 [
2059
2060 [
2061 classify those waters according to their reasonable uses in the interest of the public under
2062 conditions the board may prescribe for the prevention, control, and abatement of pollution;
2063 [
2064
2065 [
2066
2067 [
2068 [
2069 [
2070
2071
2072
2073 [
2074
2075
2076 [
2077 [
2078
2079 [
2080 [
2081 [
2082
2083
2084 (c) give reasonable consideration in the exercise of its powers and duties to the
2085 economic impact of water pollution control on industry and agriculture;
2086 (d) meet the requirements of federal law related to water pollution;
2087 (e) establish and conduct a continuing planning process for control of water pollution,
2088 including the specification and implementation of maximum daily loads of pollutants;
2089 (f) (i) approve, approve in part, approve with conditions, or deny, in writing, an
2090 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act;
2091 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
2092 Reuse Act;
2093 (g) (i) review all total daily maximum load reports and recommendations for water
2094 quality end points and implementation strategies developed by the division before submission
2095 of the report, recommendation, or implementation strategy to the EPA;
2096 (ii) disapprove, approve, or approve with conditions all staff total daily maximum load
2097 recommendations; and
2098 (iii) provide suggestions for further consideration to the Division of Water Quality in
2099 the event a total daily maximum load strategy is rejected; and
2100 (h) to ensure compliance with applicable statutes and regulations:
2101 (i) review a settlement negotiated by the director in accordance with Subsection
2102 19-5-106 (2)(k) that requires a civil penalty of $25,000 or more; and
2103
2104 (4) The board may:
2105 [
2106 (i) prohibiting or abating discharges;
2107 (ii) requiring the construction of new treatment works or any parts of them, or requiring
2108 the modification, extension, or alteration of existing treatment works as specified by board rule
2109 or any parts of them, or the adoption of other remedial measures to prevent, control, or abate
2110 pollution;
2111 (iii) setting standards of water quality, classifying waters or evidencing any other
2112 determination by the board under this chapter; [
2113 (iv) requiring compliance with this chapter and with rules made under this chapter;
2114 [
2115
2116 [
2117
2118 (b) advise, consult, and cooperate with other agencies of the state, the federal
2119 government, other states, or interstate agencies, or with affected groups, political subdivisions,
2120 or industries to further the purposes of this chapter; or
2121 [
2122 department[
2123 [
2124
2125
2126 [
2127 [
2128
2129 [
2130
2131 [
2132
2133
2134
2135 [
2136
2137 [
2138
2139
2140
2141 [
2142
2143
2144 [
2145 [
2146
2147 [
2148 [
2149
2150 [
2151
2152
2153 [
2154
2155 [
2156
2157
2158 [
2159 [
2160
2161 [
2162
2163 [
2164
2165
2166 [
2167
2168 [
2169
2170 [
2171 board shall give priority to pollution that results in a hazard to the public health.
2172 [
2173 (a) in determining eligible project costs; and
2174 (b) in establishing priorities pursuant to Subsection [
2175 [
2176 [
2177
2178 [
2179
2180 [
2181
2182
2183 [
2184
2185
2186
2187 [
2188
2189 [
2190
2191 [
2192
2193 [
2194
2195
2196
2197 following that are subject to the authority granted to the director under Section 19-5-106 :
2198 (a) a permit;
2199 (b) a license;
2200 (c) a registration;
2201 (d) a certification; or
2202 (e) another administrative authorization made by the director.
2203 (8) A board member may not speak or act for the board unless the board member is
2204 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
2205 Section 36. Section 19-5-105.5 is amended to read:
2206 19-5-105.5. Agriculture water.
2207 (1) (a) The board shall draft any rules relating to agriculture water in cooperation with
2208 the commission.
2209 (b) The commission shall advise the board before the board may adopt rules relating to
2210 agriculture water.
2211 (2) A program or rule adopted by the board for agriculture production or irrigation
2212 water shall:
2213 (a) be consistent with the federal Clean Water Act; and
2214 (b) if possible, be developed in a voluntary cooperative program with the agriculture
2215 producer associations and the commission.
2216 (3) (a) The board's authority to regulate a discharge is subject to Subsection (3)(b)
2217 relating to an agriculture discharge.
2218 (b) (i) A person responsible for an agriculture discharge shall mitigate the resulting
2219 damage in a reasonable manner, as approved by the [
2220 consulting with the commission chair.
2221 (ii) A penalty imposed on an agriculture discharge shall be proportionate to the
2222 seriousness of the resulting harm, as determined by the [
2223 consultation with the commission chair.
2224 (iii) An agriculture producer may not be held liable for an agriculture discharge
2225 resulting from a large weather event if the agriculture producer has taken reasonable measures,
2226 as the board defines by rule, to prevent an agriculture discharge.
2227
2228 19-5-106. Director -- Appointment -- Duties.
2229 [
2230
2231
2232 (1) The executive director shall appoint the director. The director shall serve under the
2233 administrative direction of the executive director.
2234 (2) The director shall:
2235 [
2236 existing pollution of the waters of the state;
2237 [
2238 government, other states and interstate agencies, and with affected groups, political
2239 subdivisions, and industries in furtherance of the purposes of this chapter;
2240 [
2241
2242 [
2243
2244
2245
2246 [
2247
2248
2249
2250 [
2251
2252 [
2253 [
2254 (d) subject to the provisions of this chapter, [
2255 through the issuance of orders [
2256 which orders may include:
2257 [
2258
2259 modification, extension, or alteration of existing control facilities or any parts of them, or the
2260 adoption of other remedial measures to prevent, control, or abate water pollution; [
2261 [
2262 chapter;
2263 [
2264 systems or any part of the systems provided for in this chapter;
2265 (f) issue construction or operating permits for the installation or modification of
2266 treatment works or any parts of the treatment works;
2267 (g) after public notice and opportunity for public hearing, issue, continue in effect,
2268 renew, revoke, modify, or deny discharge permits under reasonable conditions the board may
2269 prescribe to:
2270 (i) control the management of sewage sludge; or
2271 (ii) prevent or control the discharge of pollutants, including effluent limitations for the
2272 discharge of wastes into the waters of the state;
2273 (h) meet the requirements of federal law related to water pollution;
2274 [
2275
2276
2277
2278
2279 [
2280
2281 [
2282
2283 including interstate compacts and other similar agreements[
2284 (j) collect and disseminate information relating to water pollution and the prevention,
2285 control, and abatement of water pollution; and
2286 (k) subject to Subsection 19-5-104 (3)(i), settle or compromise any civil action initiated
2287 by the division to compel compliance with this chapter or the rules made under this chapter.
2288 (3) The director may:
2289
2290 (b) subject to the provisions of this chapter, authorize any employee or representative
2291 of the department to enter, at reasonable times and upon reasonable notice, in or upon public or
2292 private property for the purposes of inspecting and investigating conditions and plant records
2293 concerning possible water pollution;
2294 (c) encourage, participate in, or conduct studies, investigations, research, and
2295 demonstrations relating to water pollution and causes of water pollution as necessary for the
2296 discharge of duties assigned under this chapter, including the establishment of inventories of
2297 pollution sources;
2298 (d) collect and disseminate information relating to water pollution and the prevention,
2299 control, and abatement of water pollution;
2300 (e) subject to the provisions of this chapter, exercise all incidental powers necessary to
2301 carry out the purposes of this chapter, including certification to any state or federal authorities
2302 for tax purposes only if the construction, installation, or acquisition of any facility, land,
2303 building, machinery, equipment, or any part of them conforms with this chapter;
2304 (f) cooperate with any person in studies and research regarding water pollution and its
2305 control, abatement, and prevention;
2306 (g) encourage, participate in, or conduct studies, investigations, research, and
2307 demonstrations relating to water pollution and causes of water pollution; or
2308 (h) as authorized by the board and subject to the provisions of this chapter, act as
2309 executive secretary of the board under the direction of the chairman of the board.
2310 Section 38. Section 19-5-107 is amended to read:
2311 19-5-107. Discharge of pollutants unlawful -- Discharge permit required.
2312 (1) (a) Except as provided in this chapter or rules made under it, it is unlawful for any
2313 person to discharge a pollutant into waters of the state or to cause pollution which constitutes a
2314 menace to public health and welfare, or is harmful to wildlife, fish or aquatic life, or impairs
2315 domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or
2316 cause to be placed any wastes in a location where there is probable cause to believe it will
2317 cause pollution.
2318 (b) For purposes of injunctive relief, any violation of this subsection is a public
2319 nuisance.
2320
2321 otherwise manage sewage sludge, except in compliance with this chapter and rules made under
2322 it.
2323 (b) For purposes of injunctive relief, any violation of this subsection is a public
2324 nuisance.
2325 (3) It is unlawful for any person, without first securing a permit from the [
2326
2327 (a) make any discharge or manage sewage sludge not authorized under an existing
2328 valid discharge permit; or
2329 (b) construct, install, modify, or operate any treatment works or part of any treatment
2330 works or any extension or addition to any treatment works, or construct, install, or operate any
2331 establishment or extension or modification of or addition to any treatment works, the operation
2332 of which would probably result in a discharge.
2333 Section 39. Section 19-5-108 is amended to read:
2334 19-5-108. Discharge permits -- Requirements and procedure for issuance.
2335 (1) The board may [
2336 Chapter 3, Utah Administrative Rulemaking Act, for and require the submission of plans,
2337 specifications, and other information to the [
2338 the issuance of discharge permits.
2339 (2) Each discharge permit shall have a fixed term not exceeding five years. Upon
2340 expiration of a discharge permit, a new permit may be issued by the [
2341 director as authorized by the board after notice and an opportunity for public hearing and upon
2342 condition that the applicant meets or will meet all applicable requirements of this chapter,
2343 including the conditions of any permit granted by the board.
2344 (3) The board may require notice to the [
2345 introduction of pollutants into publicly-owned treatment works and identification to the
2346 [
2347 source subject to pretreatment standards under Subsection 307(b) of the federal Clean Water
2348 Act. The [
2349 pretreatment standards.
2350 (4) The [
2351
2352 compliance by industrial users with any system of user charges required under this chapter or
2353 the rules adopted under it.
2354 (5) The [
2355 publicly-owned treatment works, toxic effluent standards and pretreatment standards for the
2356 introduction into the treatment works of pollutants which interfere with, pass through, or
2357 otherwise are incompatible with the treatment works.
2358 Section 40. Section 19-5-111 is amended to read:
2359 19-5-111. Notice of violations -- Hearings.
2360 (1) Whenever the [
2361 that there has been a violation of this chapter or any order of the director or the board, [
2362 director may give written notice to the alleged violator specifying the provisions that have been
2363 violated and the facts that constitute the violation.
2364 (2) The notice shall require that the matters complained of be corrected.
2365 (3) The notice may order the alleged violator to appear before an administrative law
2366 judge as provided by Section 19-1-301 at a time and place specified in the notice and answer
2367 the charges.
2368 Section 41. Section 19-5-112 is amended to read:
2369 19-5-112. Hearings conducted by an administrative law judge -- Decisions on
2370 denial or revocation of permit conducted by executive director.
2371 (1) [
2372 conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301 .
2373 [
2374 (2) (a) An administrative law judge shall conduct, on the executive director's behalf, a
2375 hearing regarding an appeal of a permit decision for which the state has assumed primacy under
2376 the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
2377 [
2378
2379 [
2380 [
2381
2382
2383
2384 [
2385
2386 Section 42. Section 19-5-113 is amended to read:
2387 19-5-113. Power of director to enter property for investigation -- Records and
2388 reports required of owners or operators.
2389 (1) The [
2390 presentation of credentials, the authority to enter at reasonable times upon any private or public
2391 property for the purpose of:
2392 (a) sampling, inspecting, or investigating matters or conditions relating to pollution or
2393 the possible pollution of any waters of the state, effluents or effluent sources, monitoring
2394 equipment, or sewage sludge; and
2395 (b) reviewing and copying records required to be maintained under this chapter.
2396 (2) (a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
2397 Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner
2398 or operator of a disposal system, including a system discharging into publicly owned treatment
2399 works, to:
2400 (i) establish and maintain reasonable records and make reports relating to the operation
2401 of the system or the management of the sewage sludge;
2402 (ii) install, use, and maintain monitoring equipment or methods;
2403 (iii) sample, and analyze effluents or sewage sludges; and
2404 (iv) provide other information reasonably required.
2405 (b) The records, reports, and information shall be available to the public except as
2406 provided in Subsection 19-1-306 (2) or Subsections 63G-2-305 (1) and (2), Government
2407 Records Access and Management Act, as appropriate, for other than effluent information.
2408 Section 43. Section 19-5-114 is amended to read:
2409 19-5-114. Spills or discharges of oil or other substance -- Notice to director.
2410 Any person who spills or discharges any oil or other substance which may cause the
2411 pollution of the waters of the state shall immediately notify the [
2412 the spill or discharge, any containment procedures undertaken, and a proposed procedure for
2413
2414 Section 44. Section 19-5-115 is amended to read:
2415 19-5-115. Violations -- Penalties -- Civil actions by director -- Ordinances and
2416 rules of political subdivisions.
2417 (1) The terms "knowingly," "willfully," and "criminal negligence" are as defined in
2418 Section 76-2-103 .
2419 (2) Any person who violates this chapter, or any permit, rule, or order adopted under it,
2420 upon a showing that the violation occurred, is subject in a civil proceeding to a civil penalty not
2421 to exceed $10,000 per day of violation.
2422 (3) (a) A person is guilty of a class A misdemeanor and is subject to imprisonment
2423 under Section 76-3-204 and a fine not exceeding $25,000 per day who with criminal
2424 negligence:
2425 (i) discharges pollutants in violation of Subsection 19-5-107 (1) or in violation of any
2426 condition or limitation included in a permit issued under Subsection 19-5-107 (3);
2427 (ii) violates Section 19-5-113 ;
2428 (iii) violates a pretreatment standard or toxic effluent standard for publicly owned
2429 treatment works; or
2430 (iv) manages sewage sludge in violation of this chapter or rules adopted under it.
2431 (b) A person is guilty of a third degree felony and is subject to imprisonment under
2432 Section 76-3-203 and a fine not to exceed $50,000 per day of violation who knowingly:
2433 (i) discharges pollutants in violation of Subsection 19-5-107 (1) or in violation of any
2434 condition or limitation included in a permit issued under Subsection 19-5-107 (3);
2435 (ii) violates Section 19-5-113 ;
2436 (iii) violates a pretreatment standard or toxic effluent standard for publicly owned
2437 treatment works; or
2438 (iv) manages sewage sludge in violation of this chapter or rules adopted under it.
2439 (4) A person is guilty of a third degree felony and subject to imprisonment under
2440 Section 76-3-203 and shall be punished by a fine not exceeding $10,000 per day of violation if
2441 that person knowingly:
2442 (a) makes a false material statement, representation, or certification in any application,
2443 record, report, plan, or other document filed or required to be maintained under this chapter, or
2444
2445 (b) falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
2446 method required to be maintained under this chapter.
2447 (5) (a) As used in this section:
2448 (i) "Organization" means a legal entity, other than a government, established or
2449 organized for any purpose, and includes a corporation, company, association, firm, partnership,
2450 joint stock company, foundation, institution, trust, society, union, or any other association of
2451 persons.
2452 (ii) "Serious bodily injury" means bodily injury which involves a substantial risk of
2453 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
2454 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
2455 (b) A person is guilty of a second degree felony and, upon conviction, is subject to
2456 imprisonment under Section 76-3-203 and a fine of not more than $250,000 if that person:
2457 (i) knowingly violates this chapter, or any permit, rule, or order adopted under it; and
2458 (ii) knows at that time that he is placing another person in imminent danger of death or
2459 serious bodily injury.
2460 (c) If a person is an organization, it shall, upon conviction of violating Subsection
2461 (5)(b), be subject to a fine of not more than $1,000,000.
2462 (d) (i) A defendant who is an individual is considered to have acted knowingly if:
2463 (A) the defendant's conduct placed another person in imminent danger of death or
2464 serious bodily injury; and
2465 (B) the defendant was aware of or believed that there was an imminent danger of death
2466 or serious bodily injury to another person.
2467 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
2468 the defendant.
2469 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
2470 knowledge, including evidence that the defendant took affirmative steps to be shielded from
2471 receiving relevant information.
2472 (e) (i) It is an affirmative defense to prosecution under this Subsection (5) that the
2473 conduct charged was consented to by the person endangered and that the danger and conduct
2474 charged were reasonably foreseeable hazards of:
2475
2476 (B) medical treatment or medical or scientific experimentation conducted by
2477 professionally approved methods and the other person was aware of the risks involved prior to
2478 giving consent.
2479 (ii) The defendant has the burden of proof to establish any affirmative defense under
2480 this Subsection (5)(e) and shall prove that defense by a preponderance of the evidence.
2481 (6) For purposes of Subsections 19-5-115 (3) through (5), a single operational upset
2482 which leads to simultaneous violations of more than one pollutant parameter shall be treated as
2483 a single violation.
2484 (7) (a) The [
2485 permanent or temporary injunction, for any violation or threatened violation for which it is
2486 authorized to issue a compliance order under Section 19-5-111 .
2487 (b) Actions shall be brought in the district court where the violation or threatened
2488 violation occurs.
2489 (8) (a) The attorney general is the legal advisor for the board and [
2490
2491 (b) The county attorney or district attorney as appropriate under Sections 17-18-1 ,
2492 17-18-1.5 , and 17-18-1.7 in the county in which a cause of action arises, shall bring any action,
2493 civil or criminal, requested by the [
2494 of, or to prosecute for the violation of, or to enforce, the laws or the standards, orders, and rules
2495 of the board or the [
2496 (c) The [
2497 represented by the attorney general.
2498 (9) If any person fails to comply with a cease and desist order that is not subject to a
2499 stay pending administrative or judicial review, the [
2500
2501 continued violation of the order.
2502 (10) Any political subdivision of the state may enact and enforce ordinances or rules
2503 for the implementation of this chapter that are not inconsistent with this chapter.
2504 (11) (a) Except as provided in Subsection (11)(b), all penalties assessed and collected
2505 under the authority of this section shall be deposited in the General Fund.
2506
2507 from civil penalties for extraordinary expenses incurred in environmental enforcement
2508 activities.
2509 (c) The department shall regulate reimbursements by making rules that:
2510 (i) define qualifying environmental enforcement activities; and
2511 (ii) define qualifying extraordinary expenses.
2512 Section 45. Section 19-6-102 is amended to read:
2513 19-6-102. Definitions.
2514 As used in this part:
2515 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
2516 19-1-106 .
2517 (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
2518 which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
2519 disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
2520 facility or site.
2521 (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
2522 means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
2523 disposal.
2524 (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
2525 does not include a facility that:
2526 (i) receives waste for recycling;
2527 (ii) receives waste to be used as fuel, in compliance with federal and state
2528 requirements; or
2529 (iii) is solely under contract with a local government within the state to dispose of
2530 nonhazardous solid waste generated within the boundaries of the local government.
2531 (4) "Construction waste or demolition waste":
2532 (a) means waste from building materials, packaging, and rubble resulting from
2533 construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
2534 and other structures, and from road building and land clearing; and
2535 (b) does not include: asbestos; contaminated soils or tanks resulting from remediation
2536 or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar
2537
2538 (5) "Demolition waste" has the same meaning as the definition of construction waste in
2539 this section.
2540 (6) "Director" means the director of the Division of Solid and Hazardous Waste.
2541 [
2542 or placing of any solid or hazardous waste into or on any land or water so that the waste or any
2543 constituent of the waste may enter the environment, be emitted into the air, or discharged into
2544 any waters, including groundwaters.
2545 (8) "Division" means the Division of Solid and Hazardous Waste, created in
2546 Subsection 19-1-105 (1)(e).
2547 [
2548 [
2549 nonhazardous solid or hazardous waste.
2550 [
2551 than household waste which, because of its quantity, concentration, or physical, chemical, or
2552 infectious characteristics may cause or significantly contribute to an increase in mortality or an
2553 increase in serious irreversible or incapacitating reversible illness or may pose a substantial
2554 present or potential hazard to human health or the environment when improperly treated,
2555 stored, transported, disposed of, or otherwise managed.
2556 [
2557 agencies, hospices, skilled nursing facilities, intermediate care facilities, intermediate care
2558 facilities for people with an intellectual disability, residential health care facilities, maternity
2559 homes or birthing centers, free standing ambulatory surgical centers, facilities owned or
2560 operated by health maintenance organizations, and state renal disease treatment centers
2561 including free standing hemodialysis units, the offices of private physicians and dentists
2562 whether for individual or private practice, veterinary clinics, and mortuaries.
2563 [
2564 sanitary wastes in septic tanks, derived from households, including single-family and
2565 multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
2566 campgrounds, picnic grounds, and day-use recreation areas.
2567 [
2568
2569 a susceptible host could result in an infectious disease.
2570 [
2571 origin, routing, and destination of hazardous waste during its transportation from the point of
2572 generation to the point of disposal, treatment, or storage.
2573 [
2574 this chapter and is also radioactive as defined in Section 19-3-102 .
2575 [
2576 facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or
2577 disposing of hazardous waste.
2578 [
2579 plan" means a plan or approval under Section 19-6-108 , including:
2580 (a) a plan to own, construct, or operate a facility or site for the purpose of disposing of
2581 nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
2582 (b) a closure plan;
2583 (c) a modification plan; or
2584 (d) an approval that the [
2585 [
2586 [
2587 a waste treatment plant, water supply treatment plant, or air pollution control facility, or other
2588 discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
2589 from industrial, commercial, mining, or agricultural operations and from community activities
2590 but does not include solid or dissolved materials in domestic sewage or in irrigation return
2591 flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
2592 Act, or under the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.
2593 (b) "Solid waste" does not include any of the following wastes unless the waste causes
2594 a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
2595 (i) certain large volume wastes, such as inert construction debris used as fill material;
2596 (ii) drilling muds, produced waters, and other wastes associated with the exploration,
2597 development, or production of oil, gas, or geothermal energy;
2598 (iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
2599
2600 (iv) solid wastes from the extraction, beneficiation, and processing of ores and
2601 minerals; or
2602 (v) cement kiln dust.
2603 [
2604 waste either on a temporary basis or for a period of years in such a manner as not to constitute
2605 disposal of the waste.
2606 [
2607 to any intermediate point or to any point of storage, treatment, or disposal.
2608 [
2609 physical, chemical, or biological character or composition of any solid or hazardous waste so as
2610 to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
2611 recovery, amenable to storage, or reduced in volume.
2612 [
2613 I of the Resource Conservation and Recovery Act, 42 U.S.C., Section 6991, et seq.
2614 Section 46. Section 19-6-102.1 is amended to read:
2615 19-6-102.1. Treatment and disposal -- Exclusions.
2616 As used in Subsections 19-6-104 [
2617 (3)(c)(ii)(B), and 19-6-119 (1)(a), the term "treatment and disposal" specifically excludes the
2618 recycling, use, reuse, or reprocessing of fly ash waste, bottom ash waste, slag waste, or flue gas
2619 emission control waste generated primarily from the combustion of coal or other fossil fuels;
2620 waste from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
2621 dust, including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road
2622 construction, railway ballast, construction fill, aggregate, and other construction-related
2623 purposes.
2624 Section 47. Section 19-6-102.6 is amended to read:
2625 19-6-102.6. Legislative participation in landfill siting disputes.
2626 (1) (a) Upon the Legislature's receipt of a written request by a county governing body
2627 or a member of the Legislature whose district is involved in a landfill siting dispute, the
2628 president of the Senate and the speaker of the House shall appoint a committee as described
2629 under Subsection (2) and volunteers under Subsection (3) to actively seek an acceptable
2630
2631 the proposed site of a municipal landfill.
2632 (b) The president and the speaker shall consult with the legislators appointed under this
2633 subsection regarding their appointment of members of the committee under Subsection (2), and
2634 volunteers under Subsection (3).
2635 (2) The committee shall consist of the following members, appointed jointly by the
2636 president and the speaker:
2637 (a) two members from the Senate:
2638 (i) one member from the county where the proposed landfill site is located; and
2639 (ii) one member from the other county involved in the dispute, but if more than one
2640 other county is involved, still only one senator from one of those counties;
2641 (b) two members from the House:
2642 (i) one member from the county where the proposed landfill site is located; and
2643 (ii) one member from the other county involved in the dispute, but if more than one
2644 other county is involved, still only one representative from one of those counties;
2645 (c) one individual whose current principal residence is within a community located
2646 within 20 miles of any exterior boundary of the proposed landfill site, but if no community is
2647 located within 20 miles of the community, then an individual whose current residence is in the
2648 community nearest the proposed landfill site;
2649 (d) two resident citizens from the county where the proposed landfill site is located;
2650 and
2651 (e) three resident citizens from the other county involved in the dispute, but if more
2652 than one other county is involved, still only three citizen representatives from those counties.
2653 (3) Two volunteers shall be appointed under Subsection (1). The volunteers shall be
2654 individuals who agree to assist, as requested, the committee members who represent the
2655 interests of the county where the proposed landfill site is located.
2656 (4) (a) Funding and staffing for the committee shall be provided jointly and equally by
2657 the Senate and the House.
2658 (b) The Department of Environmental Quality shall, at the request of the committee
2659 and as funds are available within the department's existing budget, provide support in arranging
2660 for committee hearings to receive public input and secretarial staff to make a record of those
House Committee Amendments 2-9-2012 je/tjn
2661
hearings.2661
2662 (5) The committee shall:
2663 (a) appoint a chair from among its members; and
2664 (b) meet as necessary, but not less often than once per month, until its work is
2665 completed.
2666 (6) The committee shall report in writing the results of its work and any
2667 recommendations it may have for legislative action to the interim committees of the Legislature
2668 as directed by the Legislative Management Committee.
2669 (7) (a) All action by the division, the [
2670 board of the Department of Environmental Quality regarding any proposed municipal landfill
2671 site, regarding which a request has been submitted under Subsection (1), is tolled for one year
2672 from the date the request is submitted, or until the committee completes its work under this
2673 section, whichever occurs first. This Subsection (7) also tolls the time limits imposed by
2674 Subsection 19-6-108 (13).
2675 (b) This Subsection (7) applies to any proposed landfill site regarding which the
2676 department has not granted final approval on or before March 21, 1995.
2677 (c) As used in this Subsection (7), "final approval" means final agency action taken
2678 after conclusion of proceedings under Sections 63G-4-207 through 63G-4-405 .
2679 (8) This section does not apply to a municipal solid waste facility that is, on or before
2680 March 23, 1994:
2681 (a) operating under an existing permit or the renewal of an existing permit issued by
2682 the local health department or other authority granted by the Department of Environmental
2683 Quality; or
2684 (b) operating under the approval of the local health department, regardless of whether a
2685 formal permit has been issued.
2686 Section 48. Section 19-6-103 is amended to read:
2687 19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
2688 Organization -- Meetings -- Per diem and expenses.
2689 (1) The [
2690
2691 (a) H. the following non-voting member, except that the member may vote to break a
2691a tie vote between the voting members: .H
2691b (i) the executive director [
House Committee Amendments 2-9-2012 je/tjn
Senate 2nd Reading Amendments 2-3-2012 kh/tjn
2692
(ii) an employee of the department designated by the executive director; and2692
2693 (b) the following eight H. voting .H members appointed by the governor with the
2693a consent of the
2694 Senate[
2695 (i) one representative who:
2696 (A) is not connected with industry;
2697 (B) is an expert in waste management matters; and
2698 (C) is a Utah-licensed professional engineer;
2699 (ii) two government representatives who do not represent the federal government;
2700 (iii) one representative from the manufacturing, mining, or fuel industry;
2701 (iv) one representative from the private solid or hazardous waste disposal industry;
2702 (v) one representative from the private hazardous waste recovery industry;
2703 (vi) one representative from the public who represents H. [
2703a environmental .S
2704 organization;
2704a (A) an environmental nongovernmental organization; or
2704b (B) a nongovernmental organization that represents community interests and does not
2704c represent industry interests; .H and
2705 (vii) one representative from the public who is trained and experienced in public
2706 health.
2707 (2) [
2708 (a) be knowledgeable about solid and hazardous waste matters [
2709 evidenced by a professional degree, a professional accreditation, or documented experience;
2710 [
2711 [
2712 [
2713 [
2714 [
2715
2716 [
2717 [
2718 [
2719 [
2720
2721 (b) be a resident of Utah;
2722 (c) attend board meetings in accordance with the attendance rules made by the
2723
2724 (d) comply with all applicable statutes, rules, and policies, including the conflict of
2725 interest rules made by the department in accordance with Subsection 19-1-201 (1)(d)(ii)(B).
2726 (3) [
2727 political party.
2728 (4) (a) [
2729 appointed for terms of four years each.
2730 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2731 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2732 board members are staggered so that [
2733 every two years.
2734 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
2735 appointed before March 1, 2013 shall expire on February 28, 2013.
2736 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
2737 accordance with this section.
2738 (5) Each member is eligible for reappointment.
2739 (6) Board members shall continue in office until the expiration of their terms and until
2740 their successors are appointed, but not more than 90 days after the expiration of their terms.
2741 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
2742 appointed for the unexpired term by the governor, after considering recommendations of the
2743 board and with the consent of the Senate.
2744 (8) The board shall elect a chair and vice chair on or before April 1 of each year from
2745 its membership.
2746 (9) A member may not receive compensation or benefits for the member's service, but
2747 may receive per diem and travel expenses in accordance with:
2748 (a) Section 63A-3-106 ;
2749 (b) Section 63A-3-107 ; and
2750 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2751 63A-3-107 .
2752 (10) (a) The board shall hold a meeting at least once every three months including one
2753 meeting during each annual general session of the Legislature.
2754
2755 any three of the members.
2756 (11) [
2757 majority of members present is the action of the board.
2758 Section 49. Section 19-6-104 is amended to read:
2759 19-6-104. Powers of board -- Creation of statewide solid waste management plan.
2760 (1) The board shall:
2761 (a) survey solid and hazardous waste generation and management practices within this
2762 state and, after public hearing and after providing opportunities for comment by local
2763 governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
2764 waste management plan for the state;
2765 [
2766 [
2767
2768
2769
2770 [
2771
2772 [
2773
2774 [
2775
2776 (b) order the director to:
2777 [
2778 [
2779 (ii) enforce [
2780
2781 (iii) initiate judicial proceedings to secure compliance with this part;
2782 [
2783
2784 [
2785
2786 [
2787
2788
2789 [
2790 the unnecessary waste and depletion of natural resources;
2791 [
2792 insure that the solid and hazardous wastes program provided for in this part is qualified to
2793 assume primacy from the federal government in control over solid and hazardous waste;
2794 [
2795 intended for disposing of nonhazardous solid waste or wastes listed in Subsection
2796 (1)[
2797 the board prior to construction, modification, installation, or establishment of a facility to allow
2798 the board to determine whether the proposed construction, modification, installation, or
2799 establishment of the facility will be in accordance with rules made under this part;
2800 (ii) facilities referred to in Subsection (1)[
2801 (A) any incinerator that is intended for disposing of nonhazardous solid waste; and
2802 (B) except for facilities that receive the following wastes solely for the purpose of
2803 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
2804 and with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
2805 emission control waste generated primarily from the combustion of coal or other fossil fuels;
2806 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
2807 dust wastes; and
2808 [
2809
2810 (f) to ensure compliance with applicable statutes and regulations:
2811 (i) review a settlement negotiated by the director in accordance with Subsection
2812 19-6-107 (3)(a) that requires a civil penalty of $25,000 or more; and
2813 (ii) approve or disapprove the settlement.
2814 (2) The board may:
2815 (a) (i) hold a hearing that is not an adjudicative proceeding; or
2816
2817 or
2818 (b) advise, consult, cooperate with, or provide technical assistance to other agencies of
2819 the state or federal government, other states, interstate agencies, or affected groups, political
2820 subdivisions, industries, or other persons in carrying out the purposes of this part.
2821 [
2822 management plan by January 1, 1994.
2823 (b) The plan shall:
2824 (i) incorporate the solid waste management plans submitted by the counties;
2825 (ii) provide an estimate of solid waste capacity needed in the state for the next 20
2826 years;
2827 (iii) assess the state's ability to minimize waste and recycle;
2828 (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
2829 needs and existing capacity;
2830 (v) evaluate facility siting, design, and operation;
2831 (vi) review funding alternatives for solid waste management; and
2832 (vii) address other solid waste management concerns that the board finds appropriate
2833 for the preservation of the public health and the environment.
2834 (c) The board shall consider the economic viability of solid waste management
2835 strategies prior to incorporating them into the plan and shall consider the needs of population
2836 centers.
2837 (d) The board shall review and modify the comprehensive statewide solid waste
2838 management plan no less frequently than every five years.
2839 [
2840 tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
2841 waste management plan.
2842 (b) The board shall review and modify the inventory no less frequently than once every
2843 five years.
2844 [
2845 board shall establish siting criteria for nonhazardous solid waste disposal facilities, including
2846 incinerators.
2847
2848 following that are subject to the authority granted to the director under Section 19-6-107 :
2849 (a) a permit;
2850 (b) a license;
2851 (c) a registration;
2852 (d) a certification; or
2853 (e) another administrative authorization made by the director.
2854 (7) A board member may not speak or act for the board unless the board member is
2855 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
2856 Section 50. Section 19-6-105 is amended to read:
2857 19-6-105. Rules of board.
2858 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
2859 Administrative Rulemaking Act:
2860 (a) establishing minimum standards for protection of human health and the
2861 environment, for the storage, collection, transport, recovery, treatment, and disposal of solid
2862 waste, including requirements for the approval by the director of plans for the construction,
2863 extension, operation, and closure of solid waste disposal sites;
2864 (b) identifying wastes which are determined to be hazardous, including wastes
2865 designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
2866 1976, 42 U.S.C., Sec. 6921, et seq.;
2867 (c) governing generators and transporters of hazardous wastes and owners and
2868 operators of hazardous waste treatment, storage, and disposal facilities, including requirements
2869 for keeping records, monitoring, submitting reports, and using a manifest, without treating
2870 high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
2871 muds, and oil production brines in a manner more stringent than they are treated under federal
2872 standards;
2873 (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
2874 subject to a plan approval under Section 19-6-108 or which received waste after July 26, 1982,
2875 to take appropriate corrective action or other response measures for releases of hazardous waste
2876 or hazardous waste constituents from the facility, including releases beyond the boundaries of
2877 the facility;
2878
2879 disapprove, revoke, or review hazardous wastes operation plans;
2880 (f) governing public hearings and participation under this part;
2881 (g) establishing standards governing underground storage tanks, in accordance with
2882 Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
2883 (h) relating to the collection, transportation, processing, treatment, storage, and
2884 disposal of infectious waste in health facilities in accordance with the requirements of Section
2885 19-6-106 ;
2886 (i) defining closure plans as major or minor;
2887 (j) defining modification plans as major or minor; and
2888 (k) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
2889 organic waste substance of any kind to be thrown, or remain upon or in any street, road, ditch,
2890 canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or
2891 well.
2892 (2) If any of the following are determined to be hazardous waste and are therefore
2893 subjected to the provisions of this part, the board shall, in the case of landfills or surface
2894 impoundments that receive the solid wastes, take into account the special characteristics of the
2895 wastes, the practical difficulties associated with applying requirements for other wastes to the
2896 wastes, and site specific characteristics, including the climate, geology, hydrology, and soil
2897 chemistry at the site, if the modified requirements assure protection of human health and the
2898 environment and are no more stringent than federal standards applicable to wastes:
2899 (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,