1     
DEPARTMENT OF ENVIRONMENTAL QUALITY

2     
MODIFICATIONS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Margaret Dayton

6     
House Sponsor: Keith Grover

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the organizational structure of the Department of Environmental
11     Quality.
12     Highlighted Provisions:
13          This bill:
14          ▸     combines the Division of Radiation and the Division of Solid and Hazardous Waste
15     to create a new division known as the Division of Waste Management and
16     Radiation Control; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22          This bill provides a coordination clause.
23     Utah Code Sections Affected:
24     AMENDS:
25          17-15-23, as last amended by Laws of Utah 1991, Chapter 112
26          19-1-105, as last amended by Laws of Utah 2012, Chapter 360
27          19-1-106, as enacted by Laws of Utah 1991, Chapter 112
28          19-1-307, as last amended by Laws of Utah 2010, Chapter 278
29          19-3-102, as last amended by Laws of Utah 2012, Chapter 360

30          19-3-104, as last amended by Laws of Utah 2012, Chapter 360
31          19-3-105, as last amended by Laws of Utah 2013, Chapter 330
32          19-5-102, as last amended by Laws of Utah 2013, Chapter 227
33          19-6-102, as last amended by Laws of Utah 2012, Chapter 360
34          19-6-102.1, as last amended by Laws of Utah 2012, Chapter 360
35          19-6-103, as last amended by Laws of Utah 2012, Chapter 360
36          19-6-104, as last amended by Laws of Utah 2012, Chapter 360
37          19-6-107, as last amended by Laws of Utah 2012, Chapter 360
38          19-6-202, as last amended by Laws of Utah 2011, Chapter 297
39          19-6-402, as last amended by Laws of Utah 2014, Chapter 227
40          19-6-601, as last amended by Laws of Utah 2012, Chapter 360
41          19-6-703, as last amended by Laws of Utah 2012, Chapter 360
42          19-6-803, as last amended by Laws of Utah 2012, Chapters 263 and 360
43          19-6-902, as last amended by Laws of Utah 2013, Chapter 278
44          19-6-906, as last amended by Laws of Utah 2008, Chapter 382
45          19-6-1002, as last amended by Laws of Utah 2012, Chapter 360
46          19-6-1102, as last amended by Laws of Utah 2012, Chapter 360
47          26-7-7, as enacted by Laws of Utah 2014, Chapter 93
48          59-1-403, as last amended by Laws of Utah 2014, Chapter 320
49          63J-4-502, as last amended by Laws of Utah 2012, Chapter 212
50     REPEALS:
51          19-3-103, as last amended by Laws of Utah 2012, Chapter 360
52          19-3-103.5, as last amended by Laws of Utah 2012, Chapter 360
53          19-3-108, as last amended by Laws of Utah 2012, Chapter 360
54     Utah Code Sections Affected by Coordination Clause:
55          19-1-301.5, as enacted by Laws of Utah 2012, Chapter 333 and last amended by
56     Coordination Clause, Laws of Utah 2012, Chapter 360
57     


58     Be it enacted by the Legislature of the state of Utah:
59          Section 1. Section 17-15-23 is amended to read:
60          17-15-23. County solid waste management plans.
61          (1) (a) Each county or entity created or designated by a county for this purpose shall
62     submit to the [Solid and Hazardous] Waste Management and Radiation Control Board,
63     organized in Section 19-6-103, a county solid waste management plan providing solid waste
64     management information as reasonably required by the board and according to a timetable
65     established by the board.
66          (b) Each county shall review and modify its solid waste management plan no less
67     frequently than every five years.
68          (2) Each county solid waste management plan shall be consistent with Title 19,
69     Chapter 6, Part 5, Solid Waste Management Act, and shall establish the county's solid waste
70     management plan for the next 20 years.
71          (3) Each county solid waste management plan shall include an estimate of the solid
72     waste capacity needed in the county for the next 20 years and the county's program to ensure
73     that the county will have sufficient solid waste disposal capacity for the next 20 years.
74          (4) The solid waste management plan mandated by this section is contingent upon the
75     adoption and implementation of a funding mechanism. Nothing contained in this section
76     precludes a political subdivision, local health department, or district from undertaking
77     comprehensive solid waste planning.
78          Section 2. Section 19-1-105 is amended to read:
79          19-1-105. Divisions of department -- Control by division directors.
80          (1) The following divisions are created within the department:
81          (a) the Division of Air Quality, to administer Title 19, Chapter 2, Air Conservation
82     Act;
83          (b) the Division of Drinking Water, to administer Title 19, Chapter 4, Safe Drinking
84     Water Act;
85          (c) the Division of Environmental Response and Remediation, to administer:

86          (i) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act; and
87          (ii) Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
88          [(d) the Division of Radiation Control, to administer Title 19, Chapter 3, Radiation
89     Control Act;]
90          [(e) the Division of Solid and Hazardous Waste, to administer:]
91          (d) the Division of Waste Management and Radiation Control, to administer:
92          (i) Title 19, Chapter 3, Radiation Control Act;
93          [(i)] (ii) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act;
94          [(ii)] (iii) Title 19, Chapter 6, Part 2, Hazardous Waste Facility Siting Act;
95          [(iii)] (iv) Title 19, Chapter 6, Part 5, Solid Waste Management Act;
96          [(iv)] (v) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal;
97          [(v)] (vi) Title 19, Chapter 6, Part 7, Used Oil Management Act;
98          [(vi)] (vii) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act;
99          [(vii)] (viii) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act;
100          [(viii)] (ix) Title 19, Chapter 6, Part 11, Industrial Byproduct Reuse; and
101          [(ix)] (x) Title 19, Chapter 6, Part 12, Disposal of Electronic Waste Program; and
102          [(f)] (e) the Division of Water Quality, to administer Title 19, Chapter 5, Water Quality
103     Act.
104          (2) Each division is under the immediate direction and control of a division director
105     appointed by the executive director.
106          (3) (a) A division director shall possess the administrative skills and training necessary
107     to perform the duties of division director.
108          (b) A division director shall hold one of the following degrees from an accredited
109     college or university:
110          (i) a four-year degree in physical or biological science or engineering;
111          (ii) a related degree; or
112          (iii) a degree in law.
113          (4) The executive director may remove a division director at will.

114          (5) A division director shall serve as the executive secretary to the policymaking board,
115     created in Section 19-1-106, that has rulemaking authority over the division director's division.
116          Section 3. Section 19-1-106 is amended to read:
117          19-1-106. Boards within department.
118          (1) The following policymaking boards are created within the department:
119          (a) the Air Quality Board, appointed under Section 19-2-103;
120          [(b) the Radiation Control Board, appointed under Section 19-3-103;]
121          [(c)] (b) the Drinking Water Board, appointed under Section 19-4-103;
122          [(d)] (c) the Water Quality Board, appointed under Section 19-5-103; and
123          (d) the Waste Management and Radiation Control Board, appointed under Section
124     19-6-104.
125          [(e) the Solid and Hazardous Waste Control Board, appointed under Section 19-6-103.]
126          (2) The authority of the boards created in Subsection (1) is limited to the specific
127     authority granted them under this title.
128          Section 4. Section 19-1-307 is amended to read:
129          19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenance
130     for hazardous waste and radioactive waste treatment and disposal facilities -- Report.
131          (1) (a) Beginning in 2006, the [Solid and Hazardous] Waste Management and
132     Radiation Control Board created in Section 19-1-106 shall direct an evaluation every five years
133     of:
134          (i) the adequacy of the amount of financial assurance required for closure and
135     postclosure care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted
136     pursuant to a hazardous waste operation plan for a commercial hazardous waste treatment,
137     storage, or disposal facility under Section 19-6-108; and
138          (ii) the adequacy of the amount of financial assurance or funds required for perpetual
139     care and maintenance following the closure and postclosure period of a commercial hazardous
140     waste treatment, storage, or disposal facility, if found necessary following the evaluation under
141     Subsection (1)(c).

142          (b) The evaluation shall determine:
143          (i) whether the amount of financial assurance required is adequate for closure and
144     postclosure care of hazardous waste treatment, storage, or disposal facilities;
145          (ii) whether the amount of financial assurance or funds required is adequate for
146     perpetual care and maintenance following the closure and postclosure period of a commercial
147     hazardous waste treatment, storage, or disposal facility, if found necessary following the
148     evaluation under Subsection (1)(c); and
149          (iii) the costs above the minimal maintenance and monitoring for reasonable risks that
150     may occur during closure, postclosure, and perpetual care and maintenance of commercial
151     hazardous waste treatment, storage, or disposal facilities including:
152          (A) groundwater corrective action;
153          (B) differential settlement failure; or
154          (C) major maintenance of a cell or cells.
155          (c) The [Solid and Hazardous] Waste Management and Radiation Control Board shall
156     evaluate in 2006 whether financial assurance or funds are necessary for perpetual care and
157     maintenance following the closure and postclosure period of a commercial hazardous waste
158     treatment, storage, or disposal facility to protect human health and the environment.
159          (2) (a) Beginning in 2006, the Waste Management and Radiation Control Board
160     created in Section 19-1-106 shall direct an evaluation every five years of:
161          (i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Account
162     created by Section 19-3-106.2; and
163          (ii) the adequacy of the amount of financial assurance required for closure and
164     postclosure care of commercial radioactive waste treatment or disposal facilities under
165     Subsection 19-3-104[(12)](11).
166          (b) The evaluation shall determine:
167          (i) whether the restricted account is adequate to provide for perpetual care and
168     maintenance of commercial radioactive waste treatment or disposal facilities;
169          (ii) whether the amount of financial assurance required is adequate to provide for

170     closure and postclosure care of commercial radioactive waste treatment or disposal facilities;
171          (iii) the costs under Subsection 19-3-106.2(5)(b) of using the Radioactive Waste
172     Perpetual Care and Maintenance Account during the period before the end of 100 years
173     following final closure of the facility for maintenance, monitoring, or corrective action in the
174     event that the owner or operator is unwilling or unable to carry out the duties of postclosure
175     maintenance, monitoring, or corrective action; and
176          (iv) the costs above the minimal maintenance and monitoring for reasonable risks that
177     may occur during closure, postclosure, and perpetual care and maintenance of commercial
178     radioactive waste treatment or disposal facilities including:
179          (A) groundwater corrective action;
180          (B) differential settlement failure; or
181          (C) major maintenance of a cell or cells.
182          (3) The [boards] board under Subsections (1) and (2) shall submit a [joint] report on
183     the evaluations to the Legislative Management Committee on or before October 1 of the year in
184     which the report is due.
185          Section 5. Section 19-3-102 is amended to read:
186          19-3-102. Definitions.
187          As used in this chapter:
188          (1) "Board" means the Waste Management and Radiation Control Board created under
189     Section 19-1-106.
190          (2) (a) "Broker" means a person who performs one or more of the following functions
191     for a generator:
192          (i) arranges for transportation of the radioactive waste;
193          (ii) collects or consolidates shipments of radioactive waste; or
194          (iii) processes radioactive waste in some manner.
195          (b) "Broker" does not include a carrier whose sole function is to transport the
196     radioactive waste.
197          (3) "Byproduct material" has the same meaning as in 42 U.S.C. Sec. 2014(e)(2).

198          (4) "Class B and class C low-level radioactive waste" has the same meaning as in 10
199     CFR 61.55.
200          (5) "Director" means the director of the Division of Waste Management and Radiation
201     Control.
202          (6) "Division" means the Division of Waste Management and Radiation Control,
203     created in Subsection 19-1-105(1)(d).
204          (7) "Generator" means a person who:
205          (a) possesses any material or component:
206          (i) that contains radioactivity or is radioactively contaminated; and
207          (ii) for which the person foresees no further use; and
208          (b) transfers the material or component to:
209          (i) a commercial radioactive waste treatment or disposal facility; or
210          (ii) a broker.
211          (8) (a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
212     nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
213     defense-related wastes.
214          (b) "High-level nuclear waste" does not include medical or institutional wastes,
215     naturally-occurring radioactive materials, or uranium mill tailings.
216          (9) (a) "Low-level radioactive waste" means waste material which contains radioactive
217     nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities
218     which exceed applicable federal or state standards for unrestricted release.
219          (b) "Low-level radioactive waste" does not include waste containing more than 100
220     nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor
221     material classified as either high-level waste or waste which is unsuited for disposal by
222     near-surface burial under any applicable federal regulations.
223          (10) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
224     X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
225          (11) "Radioactive" means any solid, liquid, or gas which emits radiation spontaneously

226     from decay of unstable nuclei.
227          Section 6. Section 19-3-104 is amended to read:
228          19-3-104. Registration and licensing of radiation sources by department --
229     Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
230          (1) As used in this section:
231          (a) "Decommissioning" includes financial assurance.
232          (b) "Source material" and "byproduct material" have the same definitions as in 42
233     U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
234          (2) The division may require the registration or licensing of radiation sources that
235     constitute a significant health hazard.
236          (3) All sources of ionizing radiation, including ionizing radiation producing machines,
237     shall be registered or licensed by the department.
238          (4) The board may make rules:
239          (a) necessary for controlling exposure to sources of radiation that constitute a
240     significant health hazard;
241          (b) to meet the requirements of federal law relating to radiation control to ensure the
242     radiation control program under this part is qualified to maintain primacy from the federal
243     government;
244          [(c) to establish:]
245          [(i) board accreditation requirements and procedures for mammography facilities; and]
246          [(ii)] (c) to establish certification procedure and qualifications for persons who survey
247     mammography equipment and oversee quality assurance practices at mammography facilities;
248     and
249          (d) as necessary regarding the possession, use, transfer, or delivery of source and
250     byproduct material and the disposal of byproduct material to establish requirements for:
251          (i) the licensing, operation, decontamination, and decommissioning, including financial
252     assurances; and
253          (ii) the reclamation of sites, structures, and equipment used in conjunction with the

254     activities described in this Subsection (4).
255          (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
256     byproduct material and the disposal of byproduct material at uranium mills or commercial
257     waste facilities, as provided in this Subsection (5).
258          (b) On and after January 1, 2003 through March 30, 2003:
259          (i) $6,667 per month for uranium mills or commercial sites disposing of or
260     reprocessing byproduct material; and
261          (ii) $4,167 per month for those uranium mills the director has determined are on
262     standby status.
263          (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
264     (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
265     amendment for agreement state status for uranium recovery regulation on or before March 30,
266     2003.
267          (d) If the Nuclear Regulatory Commission does not grant the amendment for state
268     agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
269     are not required to be paid until on and after the later date of:
270          (i) October 1, 2003; or
271          (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
272     agreement state status for uranium recovery regulation.
273          (e) For the payment periods beginning on and after July 1, 2003, the department shall
274     establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to the
275     restrictions under Subsection (5)(d).
276          (f) The division shall deposit fees it receives under this Subsection (5) into the
277     Environmental Quality Restricted Account created in Section 19-1-108.
278          (6) (a) The division shall assess fees for registration, licensing, and inspection of
279     radiation sources under this section.
280          (b) The division shall comply with the requirements of Section 63J-1-504 in assessing
281     fees for licensure and registration.

282          [(7) The division shall coordinate its activities with the Department of Health rules
283     made under Section 26-21a-203.]
284          [(8)] (7) (a) Except as provided in Subsection [(9)] (8), the board may not adopt rules,
285     for the purpose of the state assuming responsibilities from the United States Nuclear
286     Regulatory Commission with respect to regulation of sources of ionizing radiation, that are
287     more stringent than the corresponding federal regulations which address the same
288     circumstances.
289          (b) In adopting those rules, the board may incorporate corresponding federal
290     regulations by reference.
291          [(9)] (8) (a) The board may adopt rules more stringent than corresponding federal
292     regulations for the purpose described in Subsection [(8)] (7) only if it makes a written finding
293     after public comment and hearing and based on evidence in the record that corresponding
294     federal regulations are not adequate to protect public health and the environment of the state.
295          (b) Those findings shall be accompanied by an opinion referring to and evaluating the
296     public health and environmental information and studies contained in the record which form
297     the basis for the board's conclusion.
298          [(10)] (9) (a) The board shall by rule:
299          (i) authorize independent qualified experts to conduct inspections required under this
300     chapter of x-ray facilities registered with the division; and
301          (ii) establish qualifications and certification procedures necessary for independent
302     experts to conduct these inspections.
303          (b) Independent experts under this Subsection [(10)] (9) are not considered employees
304     or representatives of the division or the state when conducting the inspections.
305          [(11)] (10) (a) The board may by rule establish criteria for siting commercial low-level
306     radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
307     19-3-103.7.
308          (b) Subject to Subsection 19-3-105(10), any facility under Subsection [(11)] (10)(a) for
309     which a radioactive material license is required by this section shall comply with those criteria.

310          (c) Subject to Subsection 19-3-105(10), a facility may not receive a radioactive
311     material license until siting criteria have been established by the board. The criteria also apply
312     to facilities that have applied for but not received a radioactive material license.
313          [(12)] (11) The board shall by rule establish financial assurance requirements for
314     closure and postclosure care of radioactive waste land disposal facilities, taking into account
315     existing financial assurance requirements.
316          Section 7. Section 19-3-105 is amended to read:
317          19-3-105. Definitions -- Legislative and gubernatorial approval required for
318     radioactive waste license -- Exceptions -- Application for new, renewed, or amended
319     license.
320          (1) As used in this section:
321          (a) "Alternate feed material" has the same definition as provided in Section 59-24-102.
322          (b) "Approval application" means an application by a radioactive waste facility
323     regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license,
324     registration, certification, or other authorization.
325          (c) (i) "Class A low-level radioactive waste" means:
326          (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
327          (B) radium-226 up to a maximum radionuclide concentration level of 10,000
328     picocuries per gram.
329          (ii) "Class A low-level radioactive waste" does not include:
330          (A) uranium mill tailings;
331          (B) naturally occurring radioactive materials; or
332          (C) the following radionuclides if classified as "special nuclear material" under the
333     Atomic Energy Act of 1954, 42 U.S.C. 2014:
334          (I) uranium-233; and
335          (II) uranium-235 with a radionuclide concentration level greater than the concentration
336     limits for specific conditions and enrichments established by an order of the Nuclear
337     Regulatory Commission:

338          (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
339          (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
340     waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
341     nuclear material exemption order.
342          (d) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
343     stores, decays in storage, treats, or disposes of radioactive waste:
344          (A) commercially for profit; or
345          (B) generated at locations other than the radioactive waste facility.
346          (ii) "Radioactive waste facility" does not include a facility that receives:
347          (A) alternate feed material for reprocessing; or
348          (B) radioactive waste from a location in the state designated as a processing site under
349     42 U.S.C. 7912(f).
350          (e) "Radioactive waste license" or "license" means a radioactive material license issued
351     by the director under Subsection 19-3-108(2)(d), to own, construct, modify, or operate a
352     radioactive waste facility.
353          (2) The provisions of this section are subject to the prohibition under Section
354     19-3-103.7.
355          (3) Subject to Subsection (8), a person may not own, construct, modify, or operate a
356     radioactive waste facility without:
357          (a) having received a radioactive waste license for the facility;
358          (b) meeting the requirements established by rule under Section 19-3-104;
359          (c) the approval of the governing body of the municipality or county responsible for
360     local planning and zoning where the radioactive waste is or will be located; and
361          (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
362     approval of the governor and the Legislature.
363          (4) Subject to Subsection (8), a new radioactive waste license application, or an
364     application to renew or amend an existing radioactive waste license, is subject to the
365     requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:

366          (a) specifies a different geographic site than a previously submitted application;
367          (b) would cost 50% or more of the cost of construction of the original radioactive
368     waste facility or the modification would result in an increase in capacity or throughput of a
369     cumulative total of 50% of the total capacity or throughput which was approved in the facility
370     license as of January 1, 1990, or the initial approval facility license if the initial license
371     approval is subsequent to January 1, 1990; or
372          (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of
373     radioactive waste having a higher radionuclide concentration limit than allowed, under an
374     existing approved license held by the facility, for the specific type of waste to be received,
375     transferred, stored, decayed in storage, treated, or disposed of.
376          (5) The requirements of Subsection (4)(c) do not apply to an application to renew or
377     amend an existing radioactive waste license if:
378          (a) the radioactive waste facility requesting the renewal or amendment has received a
379     license prior to January 1, 2004; and
380          (b) the application to renew or amend its license is limited to a request to approve the
381     receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
382     radioactive waste.
383          (6) A radioactive waste facility which receives a new radioactive waste license after
384     May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
385     application, renewal, or amendment that requests approval to receive, transfer, store, decay in
386     storage, treat, or dispose of radioactive waste not previously approved under an existing license
387     held by the facility.
388          (7) If the board finds that approval of additional radioactive waste license applications,
389     renewals, or amendments will result in inadequate oversight, monitoring, or licensure
390     compliance and enforcement of existing and any additional radioactive waste facilities, the
391     board shall suspend acceptance of further applications for radioactive waste licenses. The
392     board shall report the suspension to the Legislative Management Committee.
393          (8) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104[(11)](10)

394     do not apply to:
395          (a) a radioactive waste license that is in effect on December 31, 2006, including all
396     amendments to the license that have taken effect as of December 31, 2006;
397          (b) a license application for a facility in existence as of December 31, 2006, unless the
398     license application includes an area beyond the facility boundary approved in the license
399     described in Subsection (8)(a); or
400          (c) an application to renew or amend a license described in Subsection (8)(a), unless
401     the renewal or amendment includes an area beyond the facility boundary approved in the
402     license described in Subsection (8)(a).
403          (9) (a) The director shall review an approval application to determine whether the
404     application complies with the requirements of this chapter and the rules of the board.
405          (b) Within 60 days after the day on which the director receives an approval application
406     described in Subsection (10)(a)(ii) or (iii), the director shall:
407          (i) determine whether the application is complete and contains all the information
408     necessary to process the application for approval; and
409          (ii) (A) issue a notice of completeness to the applicant; or
410          (B) issue a notice of deficiency to the applicant and list the additional information
411     necessary to complete the application.
412          (c) The director shall review information submitted in response to a notice of
413     deficiency within 30 days after the day on which the director receives the information.
414          (10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
415     Administrative Rulemaking Act, to:
416          (a) categorize approval applications as follows:
417          (i) approval applications that:
418          (A) are administrative in nature;
419          (B) require limited scrutiny by the director; and
420          (C) do not require public input;
421          (ii) approval applications that:

422          (A) require substantial scrutiny by the director;
423          (B) require public input; and
424          (C) are not described in Subsection (10)(a)(iii); and
425          (iii) approval applications for:
426          (A) the granting or renewal of a radioactive waste license;
427          (B) the granting or renewal of a groundwater permit issued by the director for a
428     radioactive waste facility;
429          (C) an amendment to a radioactive waste license, or a groundwater permit, that allows
430     the design and approval of a new disposal cell;
431          (D) an amendment to a radioactive waste license or groundwater discharge permit for a
432     radioactive waste facility to eliminate groundwater monitoring; and
433          (E) a radioactive waste facility closure plan;
434          (b) provide time periods for the director to review, and approve or deny, an application
435     described in Subsection (10)(a) as follows:
436          (i) for applications categorized under Subsection (10)(a)(i), within 30 days after the day
437     on which the director receives the application;
438          (ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after the
439     day on which the director receives the application;
440          (iii) for applications categorized under Subsection (10)(a)(iii), as follows:
441          (A) for a new radioactive waste license, within 540 days after the day on which the
442     director receives the application;
443          (B) for a new groundwater permit issued by the director for a radioactive waste facility
444     consistent with the provisions of Title 19, Chapter 5, Water Quality Act, within 540 days after
445     the day on which the director receives the application;
446          (C) for a radioactive waste license renewal, within 365 days after the day on which the
447     director receives the application;
448          (D) for a groundwater permit renewal issued by the director for a radioactive waste
449     facility, within 365 days after the day on which the director receives the application;

450          (E) for an amendment to a radioactive waste license, or a groundwater permit, that
451     allows the design and approval of a new disposal cell, within 365 days after the day on which
452     the director receives the application;
453          (F) for an amendment to a radioactive waste license, or a groundwater discharge
454     permit, for a radioactive waste facility to eliminate groundwater monitoring, within 365 days
455     after the day on which the director receives the application; and
456          (G) for a radioactive waste facility closure plan, within 365 days after the day on which
457     the director receives the application;
458          (c) toll the time periods described in Subsection (10)(b):
459          (i) while an owner or operator of a facility responds to the director's request for
460     information;
461          (ii) during a public comment period; or
462          (iii) while the federal government reviews the application; and
463          (d) require the director to prepare a detailed written explanation of the basis for the
464     director's approval or denial of an approval application.
465          Section 8. Section 19-5-102 is amended to read:
466          19-5-102. Definitions.
467          As used in this chapter:
468          (1) "Agriculture discharge":
469          (a) means the release of agriculture water from the property of a farm, ranch, or feed lot
470     that:
471          (i) pollutes a surface body of water, including a stream, lake, pond, marshland,
472     watercourse, waterway, river, ditch, and other water conveyance system of the state;
473          (ii) pollutes the ground water of the state; or
474          (iii) constitutes a significant nuisance on urban land; and
475          (b) does not include:
476          (i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land
477     that is not part of a body of water; or

478          (ii) a release into a normally dry water conveyance to an active body of water, unless
479     the release reaches the water of a lake, pond, stream, marshland, river, or other active body of
480     water.
481          (2) "Agriculture water" means:
482          (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
483          (b) return flows from irrigated agriculture; and
484          (c) agricultural storm water runoff.
485          (3) "Board" means the Water Quality Board created in Section 19-1-106.
486          (4) "Commission" means the Conservation Commission, created in Section 4-18-104.
487          (5) "Contaminant" means any physical, chemical, biological, or radiological substance
488     or matter in water.
489          (6) "Director" means the director of the Division of Water Quality or, for purposes of
490     groundwater quality at a facility licensed by and under the jurisdiction of the Division of
491     Waste Management and Radiation Control, the director of the Division of Waste Management
492     and Radiation Control.
493          (7) "Discharge" means the addition of any pollutant to any waters of the state.
494          (8) "Discharge permit" means a permit issued to a person who:
495          (a) discharges or whose activities would probably result in a discharge of pollutants
496     into the waters of the state; or
497          (b) generates or manages sewage sludge.
498          (9) "Disposal system" means a system for disposing of wastes and includes sewerage
499     systems and treatment works.
500          (10) "Division" means the Division of Water Quality, created in Subsection
501     19-1-105(1)[(f)](e).
502          (11) "Effluent limitations" means any restrictions, requirements, or prohibitions,
503     including schedules of compliance established under this chapter, which apply to discharges.
504          (12) "Point source":
505          (a) means any discernible, confined, and discrete conveyance, including any pipe,

506     ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
507     animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
508     discharged; and
509          (b) does not include return flows from irrigated agriculture.
510          (13) "Pollution" means any man-made or man-induced alteration of the chemical,
511     physical, biological, or radiological integrity of any waters of the state, unless the alteration is
512     necessary for the public health and safety.
513          (14) "Publicly owned treatment works" means any facility for the treatment of
514     pollutants owned by the state, its political subdivisions, or other public entity.
515          (15) "Schedule of compliance" means a schedule of remedial measures, including an
516     enforceable sequence of actions or operations leading to compliance with this chapter.
517          (16) "Sewage sludge" means any solid, semisolid, or liquid residue removed during the
518     treatment of municipal wastewater or domestic sewage.
519          (17) "Sewerage system" means pipelines or conduits, pumping stations, and all other
520     constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to
521     a point of ultimate disposal.
522          (18) "Total maximum daily load" means a calculation of the maximum amount of a
523     pollutant that a body of water can receive and still meet water quality standards.
524          (19) "Treatment works" means any plant, disposal field, lagoon, dam, pumping station,
525     incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes.
526          (20) "Underground injection" means the subsurface emplacement of fluids by well
527     injection.
528          (21) "Underground wastewater disposal system" means a system for disposing of
529     domestic wastewater discharges as defined by the board and the executive director.
530          (22) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue,
531     sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
532     materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
533     municipal, and agricultural waste discharged into water.

534          (23) "Waters of the state":
535          (a) means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
536     irrigation systems, drainage systems, and all other bodies or accumulations of water, surface
537     and underground, natural or artificial, public or private, which are contained within, flow
538     through, or border upon this state or any portion of the state; and
539          (b) does not include bodies of water confined to and retained within the limits of
540     private property, and which do not develop into or constitute a nuisance, a public health hazard,
541     or a menace to fish or wildlife.
542          Section 9. Section 19-6-102 is amended to read:
543          19-6-102. Definitions.
544          As used in this part:
545          (1) "Board" means the [Solid and Hazardous Waste Control] Waste Management and
546     Radiation Control Board created in Section 19-1-106.
547          (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
548     which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
549     disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
550     facility or site.
551          (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
552     means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
553     disposal.
554          (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
555     does not include a facility that:
556          (i) receives waste for recycling;
557          (ii) receives waste to be used as fuel, in compliance with federal and state
558     requirements; or
559          (iii) is solely under contract with a local government within the state to dispose of
560     nonhazardous solid waste generated within the boundaries of the local government.
561          (4) "Construction waste or demolition waste":

562          (a) means waste from building materials, packaging, and rubble resulting from
563     construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
564     and other structures, and from road building and land clearing; and
565          (b) does not include: asbestos; contaminated soils or tanks resulting from remediation
566     or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar
567     hazardous or potentially hazardous materials.
568          (5) "Demolition waste" has the same meaning as the definition of construction waste in
569     this section.
570          (6) "Director" means the director of the Division of [Solid and Hazardous] Waste
571     Management and Radiation Control.
572          (7) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
573     placing of any solid or hazardous waste into or on any land or water so that the waste or any
574     constituent of the waste may enter the environment, be emitted into the air, or discharged into
575     any waters, including groundwaters.
576          (8) "Division" means the Division of [Solid and Hazardous] Waste Management and
577     Radiation Control, created in Subsection 19-1-105(1)[(e)](d).
578          (9) "Generation" or "generated" means the act or process of producing nonhazardous
579     solid or hazardous waste.
580          (10) "Hazardous waste" means a solid waste or combination of solid wastes other than
581     household waste which, because of its quantity, concentration, or physical, chemical, or
582     infectious characteristics may cause or significantly contribute to an increase in mortality or an
583     increase in serious irreversible or incapacitating reversible illness or may pose a substantial
584     present or potential hazard to human health or the environment when improperly treated,
585     stored, transported, disposed of, or otherwise managed.
586          (11) "Health facility" means hospitals, psychiatric hospitals, home health agencies,
587     hospices, skilled nursing facilities, intermediate care facilities, intermediate care facilities for
588     people with an intellectual disability, residential health care facilities, maternity homes or
589     birthing centers, free standing ambulatory surgical centers, facilities owned or operated by

590     health maintenance organizations, and state renal disease treatment centers including free
591     standing hemodialysis units, the offices of private physicians and dentists whether for
592     individual or private practice, veterinary clinics, and mortuaries.
593          (12) "Household waste" means any waste material, including garbage, trash, and
594     sanitary wastes in septic tanks, derived from households, including single-family and
595     multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
596     campgrounds, picnic grounds, and day-use recreation areas.
597          (13) "Infectious waste" means a solid waste that contains or may reasonably be
598     expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
599     a susceptible host could result in an infectious disease.
600          (14) "Manifest" means the form used for identifying the quantity, composition, origin,
601     routing, and destination of hazardous waste during its transportation from the point of
602     generation to the point of disposal, treatment, or storage.
603          (15) "Mixed waste" means any material that is a hazardous waste as defined in this
604     chapter and is also radioactive as defined in Section 19-3-102.
605          (16) "Modification plan" means a plan under Section 19-6-108 to modify a facility or
606     site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
607     of hazardous waste.
608          (17) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
609     means a plan or approval under Section 19-6-108, including:
610          (a) a plan to own, construct, or operate a facility or site for the purpose of disposing of
611     nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
612          (b) a closure plan;
613          (c) a modification plan; or
614          (d) an approval that the director is authorized to issue.
615          (18) "Permittee" means a person who is obligated under an operation plan.
616          (19) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from a
617     waste treatment plant, water supply treatment plant, or air pollution control facility, or other

618     discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
619     from industrial, commercial, mining, or agricultural operations and from community activities
620     but does not include solid or dissolved materials in domestic sewage or in irrigation return
621     flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
622     Act, or under the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.
623          (b) "Solid waste" does not include any of the following wastes unless the waste causes
624     a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
625          (i) certain large volume wastes, such as inert construction debris used as fill material;
626          (ii) drilling muds, produced waters, and other wastes associated with the exploration,
627     development, or production of oil, gas, or geothermal energy;
628          (iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
629     generated primarily from the combustion of coal or other fossil fuels;
630          (iv) solid wastes from the extraction, beneficiation, and processing of ores and
631     minerals; or
632          (v) cement kiln dust.
633          (20) "Storage" means the actual or intended containment of solid or hazardous waste
634     either on a temporary basis or for a period of years in such a manner as not to constitute
635     disposal of the waste.
636          (21) "Transportation" means the off-site movement of solid or hazardous waste to any
637     intermediate point or to any point of storage, treatment, or disposal.
638          (22) "Treatment" means a method, technique, or process designed to change the
639     physical, chemical, or biological character or composition of any solid or hazardous waste so as
640     to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
641     recovery, amenable to storage, or reduced in volume.
642          (23) "Underground storage tank" means a tank which is regulated under Subtitle I of
643     the Resource Conservation and Recovery Act, 42 U.S.C., Section 6991, et seq.
644          Section 10. Section 19-6-102.1 is amended to read:
645          19-6-102.1. Treatment and disposal -- Exclusions.

646          As used in Subsections 19-6-104[(1)](3)(e)(ii)(B), 19-6-108(3)(b) [and],
647     19-6-108(3)(c)(ii)(B), [and] 19-6-119(1)(a), and 19-3-103.5(2)(f)(i) and (ii), the term
648     "treatment and disposal" specifically excludes the recycling, use, reuse, or reprocessing of fly
649     ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily
650     from the combustion of coal or other fossil fuels; waste from the extraction, beneficiation, and
651     processing of ores and minerals; or cement kiln dust, including recycle, reuse, use, or
652     reprocessing for road sanding, sand blasting, road construction, railway ballast, construction
653     fill, aggregate, and other construction-related purposes.
654          Section 11. Section 19-6-103 is amended to read:
655          19-6-103. Waste Management and Radiation Control Board -- Members -- Terms
656     -- Organization -- Meetings -- Per diem and expenses.
657          (1) The board consists of the following [nine] 12 members:
658          (a) the following non-voting member, except that the member may vote to break a tie
659     vote between the voting members:
660          (i) the executive director; or
661          (ii) an employee of the department designated by the executive director; and
662          (b) the following [eight] 11 voting members appointed by the governor with the
663     consent of the Senate:
664          (i) one representative who is:
665          (A) [is] not connected with industry; and
666          [(B) is an expert in waste management matters; and]
667          [(C) is] (B) a Utah-licensed professional engineer;
668          (ii) two government representatives who do not represent the federal government;
669          (iii) one representative from the manufacturing, mining, or fuel industry;
670          (iv) one representative from the private solid or hazardous waste disposal industry;
671          (v) one representative from the private hazardous waste recovery industry;
672          (vi) one representative from the radioactive waste management industry;
673          (vii) one representative from the uranium milling industry;

674          [(vi)] (viii) one representative from the public who represents:
675          (A) an environmental nongovernmental organization; or
676          (B) a nongovernmental organization that represents community interests and does not
677     represent industry interests; [and]
678          [(vii)] (ix) one representative from the public who is trained and experienced in public
679     health[.] and a licensed:
680          (A) medical doctor; or
681          (B) dentist; and
682          (x) one representative who is:
683          (A) a medical physicist or a health physicist; or
684          (B) a professional employed in the field of radiation safety.
685          (2) A member of the board shall:
686          (a) be knowledgeable about solid and hazardous waste matters and radiation safety and
687     protection as evidenced by a professional degree, a professional accreditation, or documented
688     experience;
689          (b) be a resident of Utah;
690          (c) attend board meetings in accordance with the attendance rules made by the
691     department under Subsection 19-1-201(1)(d)(i)(A); and
692          (d) comply with all applicable statutes, rules, and policies, including the conflict of
693     interest rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B).
694          (3) No more than [five] six of the appointed members may be from the same political
695     party.
696          (4) (a) Members shall be appointed for terms of four years each.
697          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
698     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
699     board members are staggered so that half of the appointed board is appointed every two years.
700          (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
701     appointed before March 1, 2013, shall expire on February 28, 2013.

702          (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
703     accordance with this section.
704          (5) Each member is eligible for reappointment.
705          (6) Board members shall continue in office until the expiration of their terms and until
706     their successors are appointed, but not more than 90 days after the expiration of their terms.
707          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
708     appointed for the unexpired term by the governor, after considering recommendations of the
709     board and with the consent of the Senate.
710          (8) The board shall elect a chair and vice chair on or before April 1 of each year from
711     its membership.
712          (9) A member may not receive compensation or benefits for the member's service, but
713     may receive per diem and travel expenses in accordance with:
714          (a) Section 63A-3-106;
715          (b) Section 63A-3-107; and
716          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
717     63A-3-107.
718          (10) (a) The board shall hold a meeting at least once every three months including one
719     meeting during each annual general session of the Legislature.
720          (b) Meetings shall be held on the call of the chair, the director, or any three of the
721     members.
722          (11) [Five] Six members constitute a quorum at any meeting, and the action of the
723     majority of members present is the action of the board.
724          Section 12. Section 19-6-104 is amended to read:
725          19-6-104. Powers of board -- Creation of statewide solid waste management plan.
726          (1) The board may:
727          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
728     Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;
729          (b) recommend that the director:

730          (i) issue orders necessary to enforce the provisions of the Radiation Control Act;
731          (ii) enforce the orders by appropriate administrative and judicial proceedings; or
732          (iii) institute judicial proceedings to secure compliance with this part;
733          (c) (i) hold a hearing that is not an adjudicative proceeding; or
734          (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
735          (d) accept, receive, and administer grants or other funds or gifts from public and
736     private agencies, including the federal government, for the purpose of carrying out any of the
737     functions of the Radiation Control Act; or
738          (e) order the director to impound radioactive material in accordance with Section
739     19-3-111.
740          (2) (a) The board shall promote the planning and application of pollution prevention
741     and radioactive waste minimization measures to prevent the unnecessary waste and depletion
742     of natural resources; and
743          (b) review the qualifications of, and issue certificates of approval to, individuals who:
744          (i) survey mammography equipment; or
745          (ii) oversee quality assurance practices at mammography facilities.
746          [(1)] (3) The board shall:
747          (a) survey solid and hazardous waste generation and management practices within this
748     state and, after public hearing and after providing opportunities for comment by local
749     governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
750     waste management plan for the state;
751          (b) order the director to:
752          (i) issue orders necessary to effectuate the provisions of this part and rules made under
753     this part;
754          (ii) enforce the orders by administrative and judicial proceedings; or
755          (iii) initiate judicial proceedings to secure compliance with this part;
756          (c) promote the planning and application of resource recovery systems to prevent the
757     unnecessary waste and depletion of natural resources;

758          (d) meet the requirements of federal law related to solid and hazardous wastes to insure
759     that the solid and hazardous wastes program provided for in this part is qualified to assume
760     primacy from the federal government in control over solid and hazardous waste;
761          (e) (i) require any facility, including those listed in Subsection [(1)] (3)(e)(ii), that is
762     intended for disposing of nonhazardous solid waste or wastes listed in Subsection [(1)]
763     (3)(e)(ii)(B) to submit plans, specifications, and other information required by the board to the
764     board prior to construction, modification, installation, or establishment of a facility to allow the
765     board to determine whether the proposed construction, modification, installation, or
766     establishment of the facility will be in accordance with rules made under this part;
767          (ii) facilities referred to in Subsection [(1)] (3)(e)(i) include:
768          (A) any incinerator that is intended for disposing of nonhazardous solid waste; and
769          (B) except for facilities that receive the following wastes solely for the purpose of
770     recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
771     and with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
772     emission control waste generated primarily from the combustion of coal or other fossil fuels;
773     wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
774     dust wastes; and
775          (f) to ensure compliance with applicable statutes and regulations:
776          (i) review a settlement negotiated by the director in accordance with Subsection
777     19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and
778          (ii) approve or disapprove the settlement.
779          [(2)] (4) The board may:
780          (a) (i) hold a hearing that is not an adjudicative proceeding; or
781          (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
782     or
783          (b) advise, consult, cooperate with, or provide technical assistance to other agencies of
784     the state or federal government, other states, interstate agencies, or affected groups, political
785     subdivisions, industries, or other persons in carrying out the purposes of this part.

786          [(3)] (5) (a) The board shall establish a comprehensive statewide [solid] waste
787     management plan by January 1, 1994.
788          (b) The plan shall:
789          (i) incorporate the solid waste management plans submitted by the counties;
790          (ii) provide an estimate of solid waste capacity needed in the state for the next 20
791     years;
792          (iii) assess the state's ability to minimize waste and recycle;
793          (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
794     needs and existing capacity;
795          (v) evaluate facility siting, design, and operation;
796          (vi) review funding alternatives for solid waste management; and
797          (vii) address other solid waste management concerns that the board finds appropriate
798     for the preservation of the public health and the environment.
799          (c) The board shall consider the economic viability of solid waste management
800     strategies prior to incorporating them into the plan and shall consider the needs of population
801     centers.
802          (d) The board shall review and modify the comprehensive statewide solid waste
803     management plan no less frequently than every five years.
804          [(4)] (6) (a) The board shall determine the type of solid waste generated in the state and
805     tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
806     waste management plan.
807          (b) The board shall review and modify the inventory no less frequently than once every
808     five years.
809          [(5)] (7) Subject to the limitations contained in Subsection 19-6-102(19)(b), the board
810     shall establish siting criteria for nonhazardous solid waste disposal facilities, including
811     incinerators.
812          [(6)] (8) The board may not issue, amend, renew, modify, revoke, or terminate any of
813     the following that are subject to the authority granted to the director under Section 19-6-107:

814          (a) a permit;
815          (b) a license;
816          (c) a registration;
817          (d) a certification; or
818          (e) another administrative authorization made by the director.
819          [(7)] (9) A board member may not speak or act for the board unless the board member
820     is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
821          Section 13. Section 19-6-107 is amended to read:
822          19-6-107. Director -- Appointment -- Powers.
823          (1) The executive director shall appoint the director. The director shall serve under the
824     administrative direction of the executive director.
825          (2) The director shall:
826          (a) develop programs to promote and protect the public from radiation sources in the
827     state;
828          (b) advise, consult, cooperate with, and provide technical assistance to other agencies,
829     states, the federal government, political subdivisions, industries, and other persons in carrying
830     out the provisions of the Radiation Control Act;
831          (c) receive specifications or other information relating to licensing applications for
832     radioactive materials or registration of radiation sources for review, approval, disapproval, or
833     termination;
834          (d) issue permits, licenses, registrations, certifications, and other administrative
835     authorizations;
836          (e) review and approve plans;
837          (f) assess penalties in accordance with Section 19-3-109;
838          (g) impound radioactive material under Section 19-3-111;
839          (h) issue orders necessary to enforce the provisions of this part, to enforce the orders by
840     appropriate administrative and judicial proceedings, or to institute judicial proceedings to
841     secure compliance with this part;

842          [(a)] (i) carry out inspections pursuant to Section 19-6-109;
843          [(b)] (j) require submittal of specifications or other information relating to hazardous
844     waste plans for review, and approve, disapprove, revoke, or review the plans;
845          [(c)] (k) develop programs for solid waste and hazardous waste management and
846     control within the state;
847          [(d)] (l) advise, consult, and cooperate with other agencies of the state, the federal
848     government, other states and interstate agencies, and with affected groups, political
849     subdivisions, and industries in furtherance of the purposes of this part;
850          [(e)] (m) subject to the provisions of this part, enforce rules made or revised by the
851     board through the issuance of orders;
852          [(f)] (n) review plans, specifications or other data relative to solid waste and hazardous
853     waste control systems or any part of the systems as provided in this part;
854          [(g)] (o) under the direction of the executive director, represent the state in all matters
855     pertaining to interstate solid waste and hazardous waste management and control including,
856     under the direction of the board, entering into interstate compacts and other similar agreements;
857     and
858          [(h)] (p) as authorized by the board and subject to the provisions of this part, act as
859     executive secretary of the board under the direction of the chairman of the board.
860          (3) The director may:
861          (a) subject to Subsection 19-6-104[(1)](3)(f), settle or compromise any administrative
862     or civil action initiated to compel compliance with this part and any rules adopted under this
863     part;
864          (b) employ full-time employees necessary to carry out this part;
865          (c) as authorized by the board pursuant to the provisions of this part, authorize any
866     employee or representative of the department to conduct inspections as permitted in this part;
867          (d) encourage, participate in, or conduct studies, investigations, research, and
868     demonstrations relating to solid waste and hazardous waste management and control necessary
869     for the discharge of duties assigned under this part;

870          (e) collect and disseminate information relating to solid waste and hazardous waste
871     management control; [and]
872          (f) cooperate with any person in studies and research regarding solid waste and
873     hazardous waste management and control[.];
874          (g) cooperate with any person in studies, research, or demonstration projects regarding
875     radioactive waste management or control of radiation sources;
876          (h) settle or compromise any civil action initiated by the division to compel compliance
877     with this chapter or the rules made under this chapter; and
878          (i) authorize employees or representatives of the department to enter, at reasonable
879     times and upon reasonable notice, in and upon public or private property for the purpose of
880     inspecting and investigating conditions and records concerning radiation sources.
881          Section 14. Section 19-6-202 is amended to read:
882          19-6-202. Definitions.
883          As used in this part:
884          (1) "Board" means the [Solid and Hazardous] Waste Management and Radiation
885     Control Board created in Section 19-1-106.
886          (2) "Disposal" means the final disposition of hazardous wastes into or onto the lands,
887     waters, and air of this state.
888          (3) "Hazardous wastes" means wastes as defined in Section 19-6-102.
889          (4) "Hazardous waste treatment, disposal, and storage facility" means a facility or site
890     used or intended to be used for the treatment, storage, or disposal of hazardous waste materials,
891     including physical, chemical, or thermal processing systems, incinerators, and secure landfills.
892          (5) "Site" means land used for the treatment, disposal, or storage of hazardous wastes.
893          (6) "Siting plan" means the state hazardous waste facilities siting plan adopted by the
894     board pursuant to Sections 19-6-204 and 19-6-205.
895          (7) "Storage" means the containment of hazardous wastes for a period of more than 90
896     days.
897          (8) "Treatment" means any method, technique, or process designed to change the

898     physical, chemical, or biological character or composition of any hazardous waste to neutralize
899     or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to
900     another usable material, or reduced in volume and suitable for ultimate disposal.
901          Section 15. Section 19-6-402 is amended to read:
902          19-6-402. Definitions.
903          As used in this part:
904          (1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate:
905          (a) a release from an underground storage tank or petroleum storage tank; or
906          (b) the damage caused by that release.
907          (2) "Board" means the [Solid and Hazardous] Waste Management and Radiation
908     Control Board created in Section 19-1-106.
909          (3) "Bodily injury" means bodily harm, sickness, disease, or death sustained by a
910     person.
911          (4) "Certificate of compliance" means a certificate issued to a facility by the director:
912          (a) demonstrating that an owner or operator of a facility containing one or more
913     petroleum storage tanks has met the requirements of this part; and
914          (b) listing all tanks at the facility, specifying:
915          (i) which tanks may receive petroleum; and
916          (ii) which tanks have not met the requirements for compliance.
917          (5) "Certificate of registration" means a certificate issued to a facility by the director
918     demonstrating that an owner or operator of a facility containing one or more underground
919     storage tanks has:
920          (a) registered the tanks; and
921          (b) paid the annual underground storage tank fee.
922          (6) (a) "Certified underground storage tank consultant" means a person who:
923          (i) for a fee, or in connection with services for which a fee is charged, provides or
924     contracts to provide information, opinions, or advice relating to underground storage tank
925     release:

926          (A) management;
927          (B) abatement;
928          (C) investigation;
929          (D) corrective action; or
930          (E) evaluation;
931          (ii) has submitted an application to the director;
932          (iii) received a written statement of certification from the director; and
933          (iv) meets the education and experience standards established by the board under
934     Subsection 19-6-403(1)(a)(vii).
935          (b) "Certified underground storage tank consultant" does not include:
936          (i) (A) an employee of the owner or operator of the underground storage tank; or
937          (B) an employee of a business operation that has a business relationship with the owner
938     or operator of the underground storage tank, and markets petroleum products or manages
939     underground storage tanks; or
940          (ii) a person licensed to practice law in this state who offers only legal advice on
941     underground storage tank release:
942          (A) management;
943          (B) abatement;
944          (C) investigation;
945          (D) corrective action; or
946          (E) evaluation.
947          (7) "Closed" means an underground storage tank no longer in use that has been:
948          (a) emptied and cleaned to remove all liquids and accumulated sludges; and
949          (b) (i) removed from the ground; or
950          (ii) filled with an inert solid material.
951          (8) "Corrective action plan" means a plan for correcting a release from a petroleum
952     storage tank that includes provisions for any of the following:
953          (a) cleanup or removal of the release;

954          (b) containment or isolation of the release;
955          (c) treatment of the release;
956          (d) correction of the cause of the release;
957          (e) monitoring and maintenance of the site of the release;
958          (f) provision of alternative water supplies to a person whose drinking water has
959     become contaminated by the release; or
960          (g) temporary or permanent relocation, whichever is determined by the director to be
961     more cost-effective, of a person whose dwelling has been determined by the director to be no
962     longer habitable due to the release.
963          (9) "Costs" means money expended for:
964          (a) investigation;
965          (b) abatement action;
966          (c) corrective action;
967          (d) judgments, awards, and settlements for bodily injury or property damage to third
968     parties;
969          (e) legal and claims adjusting costs incurred by the state in connection with judgments,
970     awards, or settlements for bodily injury or property damage to third parties; or
971          (f) costs incurred by the state risk manager in determining the actuarial soundness of
972     the fund.
973          (10) "Covered by the fund" means the requirements of Section 19-6-424 have been
974     met.
975          (11) "Director" means the director of the Division of Environmental Response and
976     Remediation.
977          (12) "Division" means the Division of Environmental Response and Remediation,
978     created in Subsection 19-1-105(1)(c).
979          (13) "Dwelling" means a building that is usually occupied by a person lodging there at
980     night.
981          (14) "Enforcement proceedings" means a civil action or the procedures to enforce

982     orders established by Section 19-6-425.
983          (15) "Facility" means all underground storage tanks located on a single parcel of
984     property or on any property adjacent or contiguous to that parcel.
985          (16) "Fund" means the Petroleum Storage Tank Trust Fund created in Section
986     19-6-409.
987          (17) "Operator" means a person in control of or who is responsible on a daily basis for
988     the maintenance of an underground storage tank that is in use for the storage, use, or dispensing
989     of a regulated substance.
990          (18) "Owner" means:
991          (a) in the case of an underground storage tank in use on or after November 8, 1984, a
992     person who owns an underground storage tank used for the storage, use, or dispensing of a
993     regulated substance; and
994          (b) in the case of an underground storage tank in use before November 8, 1984, but not
995     in use on or after November 8, 1984, a person who owned the tank immediately before the
996     discontinuance of its use for the storage, use, or dispensing of a regulated substance.
997          (19) "Petroleum" includes crude oil or a fraction of crude oil that is liquid at:
998          (a) 60 degrees Fahrenheit; and
999          (b) a pressure of 14.7 pounds per square inch absolute.
1000          (20) "Petroleum storage tank" means a tank that:
1001          (a) (i) is underground;
1002          (ii) is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42
1003     U.S.C. Sec. 6991c, et seq.; and
1004          (iii) contains petroleum; or
1005          (b) the owner or operator voluntarily submits for participation in the Petroleum Storage
1006     Tank Trust Fund under Section 19-6-415.
1007          (21) "Petroleum Storage Tank Restricted Account" means the account created in
1008     Section 19-6-405.5.
1009          (22) "Program" means the Environmental Assurance Program under Section

1010     19-6-410.5.
1011          (23) "Property damage" means physical injury to, destruction of, or loss of use of
1012     tangible property.
1013          (24) (a) "Regulated substance" means petroleum and petroleum-based substances
1014     comprised of a complex blend of hydrocarbons derived from crude oil through processes of
1015     separation, conversion, upgrading, and finishing.
1016          (b) "Regulated substance" includes motor fuels, jet fuels, distillate fuel oils, residual
1017     fuel oils, lubricants, petroleum solvents, and used oils.
1018          (25) (a) "Release" means spilling, leaking, emitting, discharging, escaping, leaching, or
1019     disposing a regulated substance from an underground storage tank or petroleum storage tank.
1020          (b) A release of a regulated substance from an underground storage tank or petroleum
1021     storage tank is considered a single release from that tank system.
1022          (26) (a) "Responsible party" means a person who:
1023          (i) is the owner or operator of a facility;
1024          (ii) owns or has legal or equitable title in a facility or an underground storage tank;
1025          (iii) owned or had legal or equitable title in a facility at the time petroleum was
1026     received or contained at the facility;
1027          (iv) operated or otherwise controlled activities at a facility at the time petroleum was
1028     received or contained at the facility; or
1029          (v) is an underground storage tank installation company.
1030          (b) "Responsible party" is as defined in Subsections (26)(a)(i), (ii), and (iii) does not
1031     include:
1032          (i) a person who is not an operator and, without participating in the management of a
1033     facility and otherwise not engaged in petroleum production, refining, and marketing, holds
1034     indicia of ownership:
1035          (A) primarily to protect the person's security interest in the facility; or
1036          (B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an
1037     employee benefit plan; or

1038          (ii) governmental ownership or control of property by involuntary transfers as provided
1039     in CERCLA Section 101(20)(D), 42 U.S.C. Sec. 9601(20)(D).
1040          (c) The exemption created by Subsection (26)(b)(i)(B) does not apply to actions taken
1041     by the state or its officials or agencies under this part.
1042          (d) The terms and activities "indicia of ownership," "primarily to protect a security
1043     interest," "participation in management," and "security interest" under this part are in
1044     accordance with 40 C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9).
1045          (e) The terms "participate in management" and "indicia of ownership" as defined in 40
1046     C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9) include and apply to
1047     the fiduciaries listed in Subsection (26)(b)(i)(B).
1048          (27) "Soil test" means a test, established or approved by board rule, to detect the
1049     presence of petroleum in soil.
1050          (28) "State cleanup appropriation" means money appropriated by the Legislature to the
1051     department to fund the investigation, abatement, and corrective action regarding releases not
1052     covered by the fund.
1053          (29) "Underground storage tank" means a tank regulated under Subtitle I, Resource
1054     Conservation and Recovery Act, 42 U.S.C. Sec. 6991c, et seq., including:
1055          (a) a petroleum storage tank;
1056          (b) underground pipes and lines connected to a storage tank;
1057          (c) underground ancillary equipment;
1058          (d) a containment system; and
1059          (e) each compartment of a multi-compartment storage tank.
1060          (30) "Underground storage tank installation company" means a person, firm,
1061     partnership, corporation, governmental entity, association, or other organization who installs
1062     underground storage tanks.
1063          (31) "Underground storage tank installation company permit" means a permit issued to
1064     an underground storage tank installation company by the director.
1065          (32) "Underground storage tank technician" means a person employed by and acting

1066     under the direct supervision of a certified underground storage tank consultant to assist in
1067     carrying out the functions described in Subsection (6)(a).
1068          Section 16. Section 19-6-601 is amended to read:
1069          19-6-601. Definitions.
1070          As used in this part:
1071          (1) "Board" means the [Solid and Hazardous] Waste Management and Radiation
1072     Control Board appointed under Title 19, Chapter 6, Hazardous Substances.
1073          (2) "Director" means the director of the Division of [Solid and Hazardous] Waste
1074     Management and Radiation Control.
1075          Section 17. Section 19-6-703 is amended to read:
1076          19-6-703. Definitions.
1077          (1) "Board" means the [Solid and Hazardous] Waste Management and Radiation
1078     Control Board created in Section 19-1-106.
1079          (2) "Commission" means the State Tax Commission.
1080          (3) "Department" means the Department of Environmental Quality created in Title 19,
1081     Chapter 1, General Provisions.
1082          (4) "Director" means the director of the Division of [Solid and Hazardous] Waste
1083     Management and Radiation Control.
1084          (5) "Division" means the Division of [Solid and Hazardous] Waste Management and
1085     Radiation Control, created in [Subsection] Section 19-1-105[(1)(e)].
1086          (6) "DIY" means do it yourself.
1087          (7) "DIYer" means a person who generates used oil through household activities,
1088     including maintenance of personal vehicles.
1089          (8) "DIYer used oil" means used oil a person generates through household activities,
1090     including maintenance of personal vehicles.
1091          (9) "DIYer used oil collection center" means any site or facility that accepts or
1092     aggregates and stores used oil collected only from DIYers.
1093          (10) "Hazardous waste" means any substance defined as hazardous waste under Title

1094     19, Chapter 6, Hazardous Substances.
1095          (11) "Lubricating oil" means the fraction of crude oil or synthetic oil used to reduce
1096     friction in an industrial or mechanical device. Lubricating oil includes rerefined oil.
1097          (12) "Lubricating oil vendor" means the person making the first sale of a lubricating oil
1098     in Utah.
1099          (13) "Manifest" means the form used for identifying the quantity and composition and
1100     the origin, routing, and destination of used oil during its transportation from the point of
1101     collection to the point of storage, processing, use, or disposal.
1102          (14) "Off-specification used oil" means used oil that exceeds levels of constituents and
1103     properties as specified by board rule and consistent with 40 CFR 279, Standards for the
1104     Management of Used Oil.
1105          (15) "On-specification used oil" means used oil that does not exceed levels of
1106     constituents and properties as specified by board rule and consistent with 40 CFR 279,
1107     Standards for the Management of Used Oil.
1108          (16) (a) "Processing" means chemical or physical operations under Subsection (16)(b)
1109     designed to produce from used oil, or to make used oil more amenable for production of:
1110          (i) gasoline, diesel, and other petroleum derived fuels;
1111          (ii) lubricants; or
1112          (iii) other products derived from used oil.
1113          (b) "Processing" includes:
1114          (i) blending used oil with virgin petroleum products;
1115          (ii) blending used oils to meet fuel specifications;
1116          (iii) filtration;
1117          (iv) simple distillation;
1118          (v) chemical or physical separation; and
1119          (vi) rerefining.
1120          (17) "Recycled oil" means oil reused for any purpose following its original use,
1121     including:

1122          (a) the purpose for which the oil was originally used; and
1123          (b) used oil processed or burned for energy recovery.
1124          (18) "Rerefining distillation bottoms" means the heavy fraction produced by vacuum
1125     distillation of filtered and dehydrated used oil. The composition varies with column operation
1126     and feedstock.
1127          (19) "Used oil" means any oil, refined from crude oil or a synthetic oil, that has been
1128     used and as a result of that use is contaminated by physical or chemical impurities.
1129          (20) (a) "Used oil aggregation point" means any site or facility that accepts, aggregates,
1130     or stores used oil collected only from other used oil generation sites owned or operated by the
1131     owner or operator of the aggregation point, from which used oil is transported to the
1132     aggregation point in shipments of no more than 55 gallons.
1133          (b) A used oil aggregation point may also accept oil from DIYers.
1134          (21) "Used oil burner" means a person who burns used oil for energy recovery.
1135          (22) "Used oil collection center" means any site or facility registered with the state to
1136     manage used oil and that accepts or aggregates and stores used oil collected from used oil
1137     generators, other than DIYers, who are regulated under this part and bring used oil to the
1138     collection center in shipments of no more than 55 gallons and under the provisions of this part.
1139     Used oil collection centers may accept DIYer used oil also.
1140          (23) "Used oil fuel marketer" means any person who:
1141          (a) directs a shipment of off-specification used oil from its facility to a used oil burner;
1142     or
1143          (b) first claims the used oil to be burned for energy recovery meets the used oil fuel
1144     specifications of 40 CFR 279, Standards for the Management of Used Oil, except when the oil
1145     is to be burned in accordance with rules for on-site burning in space heaters in accordance with
1146     40 CFR 279.
1147          (24) "Used oil generator" means any person, by site, whose act or process produces
1148     used oil or whose act first causes used oil to become subject to regulation.
1149          (25) "Used oil handler" means a person generating used oil, collecting used oil,

1150     transporting used oil, operating a transfer facility or aggregation point, processing or rerefining
1151     used oil, or marketing used oil.
1152          (26) "Used oil processor or rerefiner" means a facility that processes used oil.
1153          (27) "Used oil transfer facility" means any transportation-related facility, including
1154     loading docks, parking areas, storage areas, and other areas where shipments of used oil are
1155     held for more than 24 hours during the normal course of transportation and not longer than 35
1156     days.
1157          (28) (a) "Used oil transporter" means the following persons unless they are exempted
1158     under Subsection (28)(b):
1159          (i) any person who transports used oil;
1160          (ii) any person who collects used oil from more than one generator and transports the
1161     collected oil;
1162          (iii) except as exempted under Subsection (28)(b)(i), (ii), or (iii), any person who
1163     transports collected DIYer used oil from used oil generators, collection centers, aggregation
1164     points, or other facilities required to be permitted or registered under this part and where
1165     household DIYer used oil is collected; and
1166          (iv) owners and operators of used oil transfer facilities.
1167          (b) "Used oil transporter" does not include:
1168          (i) persons who transport oil on site;
1169          (ii) generators who transport shipments of used oil totalling 55 gallons or less from the
1170     generator to a used oil collection center as allowed under 40 CFR 279.24, Off-site Shipments;
1171          (iii) generators who transport shipments of used oil totalling 55 gallons or less from the
1172     generator to a used oil aggregation point owned or operated by the same generator as allowed
1173     under 40 CFR 279.24, Off-site Shipments;
1174          (iv) persons who transport used oil generated by DIYers from the initial generator to a
1175     used oil generator, used oil collection center, used oil aggregation point, used oil processor or
1176     rerefiner, or used oil burner subject to permitting or registration under this part; or
1177          (v) railroads that transport used oil and are regulated under 49 U.S.C. Subtitle V, Rail

1178     Programs, and 49 U.S.C. 5101 et seq., federal Hazardous Materials Transportation Uniform
1179     Safety Act.
1180          Section 18. Section 19-6-803 is amended to read:
1181          19-6-803. Definitions.
1182          As used in this part:
1183          (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
1184     department of health has not been able to:
1185          (a) locate the persons responsible for the tire pile; or
1186          (b) cause the persons responsible for the tire pile to remove it.
1187          (2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
1188     storage, or disposal, but that serves as a replacement for another product or material for specific
1189     purposes.
1190          (b) "Beneficial use" includes the use of chipped tires:
1191          (i) as daily landfill cover;
1192          (ii) for civil engineering purposes;
1193          (iii) as low-density, light-weight aggregate fill; or
1194          (iv) for septic or drain field construction.
1195          (c) "Beneficial use" does not include the use of waste tires or material derived from
1196     waste tires:
1197          (i) in the construction of fences; or
1198          (ii) as fill, other than low-density, light-weight aggregate fill.
1199          (3) "Board" means the [Solid and Hazardous] Waste Management and Radiation
1200     Control Board created under Section 19-1-106.
1201          (4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
1202          (5) "Commission" means the Utah State Tax Commission.
1203          (6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need,
1204     rather than for resale.
1205          (b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be

1206     rented or leased.
1207          (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
1208     reduced in size such that the particles are less than or equal to 3/8 inch in diameter and are 98%
1209     wire free by weight.
1210          (8) "Director" means the director of the Division of [Solid and Hazardous] Waste
1211     Management and Radiation Control.
1212          (9) "Disposal" means the deposit, dumping, or permanent placement of any waste tire
1213     in or on any land or in any water in the state.
1214          (10) "Dispose of" means to deposit, dump, or permanently place any waste tire in or on
1215     any land or in any water in the state.
1216          (11) "Division" means the Division of [Solid and Hazardous] Waste[,] Management
1217     and Radiation Control created in [Subsection] Section 19-1-105[(1)(e)].
1218          (12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807.
1219          (13) "Landfill waste tire pile" means a waste tire pile:
1220          (a) located within the permitted boundary of a landfill operated by a governmental
1221     entity; and
1222          (b) consisting solely of waste tires brought to a landfill for disposal and diverted from
1223     the landfill waste stream to the waste tire pile.
1224          (14) "Local health department" means the local health department, as defined in
1225     Section 26A-1-102, with jurisdiction over the recycler.
1226          (15) "Materials derived from waste tires" means tire sections, tire chips, tire
1227     shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
1228          (16) "Mobile facility" means a mobile facility capable of cutting waste tires on site so
1229     the waste tires may be effectively disposed of by burial, such as in a landfill.
1230          (17) "New motor vehicle" means a motor vehicle which has never been titled or
1231     registered.
1232          (18) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
1233     pounds of whole tires or material derived from waste tires is equal to one waste tire.

1234          (19) "Proceeds of the fee" means the money collected by the commission from
1235     payment of the recycling fee including interest and penalties on delinquent payments.
1236          (20) "Recycler" means a person who:
1237          (a) annually uses, or can reasonably be expected within the next year to use, a
1238     minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in
1239     the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate
1240     product; and
1241          (b) is registered as a recycler in accordance with Section 19-6-806.
1242          (21) "Recycling fee" means the fee provided for in Section 19-6-805.
1243          (22) "Shredded waste tires" means waste tires or material derived from waste tires that
1244     has been reduced to a six inch square or smaller.
1245          (23) (a) "Storage" means the placement of waste tires in a manner that does not
1246     constitute disposal of the waste tires.
1247          (b) "Storage" does not include:
1248          (i) the use of waste tires as ballast to maintain covers on agricultural materials or to
1249     maintain covers at a construction site;
1250          (ii) the storage for five or fewer days of waste tires or material derived from waste tires
1251     that are to be recycled or applied to a beneficial use; or
1252          (iii) the storage of a waste tire before the tire is:
1253          (A) resold wholesale or retail; or
1254          (B) recapped.
1255          (24) (a) "Store" means to place waste tires in a manner that does not constitute disposal
1256     of the waste tires.
1257          (b) "Store" does not include:
1258          (i) to use waste tires as ballast to maintain covers on agricultural materials or to
1259     maintain covers at a construction site; or
1260          (ii) to store for five or fewer days waste tires or material derived from waste tires that
1261     are to be recycled or applied to a beneficial use.

1262          (25) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a
1263     vehicle in which a person or property is or may be transported or drawn upon a highway.
1264          (26) "Tire retailer" means any person engaged in the business of selling new tires either
1265     as replacement tires or as part of a new vehicle sale.
1266          (27) (a) "Ultimate product" means a product that has as a component materials derived
1267     from waste tires and that the director finds has a demonstrated market.
1268          (b) "Ultimate product" includes pyrolized materials derived from:
1269          (i) waste tires; or
1270          (ii) chipped tires.
1271          (c) "Ultimate product" does not include a product regarding which a waste tire remains
1272     after the product is disposed of or disassembled.
1273          (28) "Waste tire" means:
1274          (a) a tire that is no longer suitable for its original intended purpose because of wear,
1275     damage, or defect; or
1276          (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used
1277     tire.
1278          (29) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
1279          (30) (a) "Waste tire transporter" means a person or entity engaged in picking up or
1280     transporting at one time more than 10 whole waste tires, or the equivalent amount of material
1281     derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
1282          (b) "Waste tire transporter" includes any person engaged in the business of collecting,
1283     hauling, or transporting waste tires or who performs these functions for another person, except
1284     as provided in Subsection (30)(c).
1285          (c) "Waste tire transporter" does not include:
1286          (i) a person transporting waste tires generated solely by:
1287          (A) that person's personal vehicles;
1288          (B) a commercial vehicle fleet owned or operated by that person or that person's
1289     employer;

1290          (C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or
1291     operated by that person or that person's employer; or
1292          (D) a retail tire business owned or operated by that person or that person's employer;
1293          (ii) a solid waste collector operating under a license issued by a unit of local
1294     government as defined in Section 63M-5-103, or a local health department;
1295          (iii) a recycler of waste tires;
1296          (iv) a person transporting tires by rail as a common carrier subject to federal regulation;
1297     or
1298          (v) a person transporting processed or chipped tires.
1299          Section 19. Section 19-6-902 is amended to read:
1300          19-6-902. Definitions.
1301          As used in this part:
1302          (1) "Board" means the [Solid and Hazardous] Waste Management and Radiation
1303     Control Board, as defined in Section 19-1-106, within the Department of Environmental
1304     Quality.
1305          (2) "Certified decontamination specialist" means an individual who has met the
1306     standards for certification as a decontamination specialist and has been certified by the board
1307     under Subsection 19-6-906(2).
1308          (3) "Contaminated" or "contamination" means:
1309          (a) polluted by hazardous materials that cause property to be unfit for human habitation
1310     or use due to immediate or long-term health hazards; or
1311          (b) that a property is polluted by hazardous materials as a result of the use, production,
1312     or presence of methamphetamine in excess of decontamination standards adopted by the
1313     Department of Health under Section 26-51-201.
1314          (4) "Contamination list" means a list maintained by the local health department of
1315     properties:
1316          (a) reported to the local health department under Section 19-6-903; and
1317          (b) determined by the local health department to be contaminated.

1318          (5) (a) "Decontaminated" means property that at one time was contaminated, but the
1319     contaminants have been removed.
1320          (b) "Decontaminated" for a property that was contaminated by the use, production, or
1321     presence of methamphetamine means that the property satisfies decontamination standards
1322     adopted by the Department of Health under Section 26-51-201.
1323          (6) "Hazardous materials":
1324          (a) has the same meaning as "hazardous or dangerous material" as defined in Section
1325     58-37d-3; and
1326          (b) includes any illegally manufactured controlled substances.
1327          (7) "Health department" means a local health department under Title 26A, Local
1328     Health Authorities.
1329          (8) "Owner of record":
1330          (a) means the owner of real property as shown on the records of the county recorder in
1331     the county where the property is located; and
1332          (b) may include an individual, financial institution, company, corporation, or other
1333     entity.
1334          (9) "Property":
1335          (a) means any real property, site, structure, part of a structure, or the grounds
1336     surrounding a structure; and
1337          (b) includes single-family residences, outbuildings, garages, units of multiplexes,
1338     condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers,
1339     manufactured housing, shops, or booths.
1340          (10) "Reported property" means property that is the subject of a law enforcement report
1341     under Section 19-6-903.
1342          Section 20. Section 19-6-906 is amended to read:
1343          19-6-906. Decontamination standards -- Specialist certification standards --
1344     Rulemaking.
1345          (1) The Department of Health shall make rules under Title 63G, Chapter 3, Utah

1346     Administrative Rulemaking Act, in consultation with the local health departments and the
1347     Department of Environmental Quality, to establish:
1348          (a) decontamination and sampling standards and best management practices for the
1349     inspection and decontamination of property and the disposal of contaminated debris under this
1350     part;
1351          (b) appropriate methods for the testing of buildings and interior surfaces, and
1352     furnishings, soil, and septic tanks for contamination; and
1353          (c) when testing for contamination may be required.
1354          (2) The Department of Environmental Quality [Solid and Hazardous] Waste
1355     Management and Radiation Control Board shall make rules under Title 63G, Chapter 3, Utah
1356     Administrative Rulemaking Act, in consultation with the Department of Health and local
1357     health departments, to establish within the Department of Environmental Quality Division of
1358     Environmental Response and Remediation:
1359          (a) certification standards for any private person, firm, or entity involved in the
1360     decontamination of contaminated property; and
1361          (b) a process for revoking the certification of a decontamination specialist who fails to
1362     maintain the certification standards.
1363          (3) All rules made under this part shall be consistent with other state and federal
1364     requirements.
1365          (4) The board has authority to enforce the provisions under Subsection (2).
1366          Section 21. Section 19-6-1002 is amended to read:
1367          19-6-1002. Definitions.
1368          (1) "Board" means the [Solid and Hazardous] Waste Management and Radiation
1369     Control Board created in Section 19-1-106.
1370          (2) "Director" means the director of the Division [of Solid and Hazardous] Waste
1371     Management and Radiation Control.
1372          (3) "Division" means the Division of [Solid and Hazardous] Waste[,] Management and
1373     Radiation Control created in [Subsection] Section 19-1-105[(1)(e)].

1374          (4) "Manufacturer" means the last person in the production or assembly process of a
1375     vehicle.
1376          (5) "Mercury switch" means a mercury-containing capsule that is part of a convenience
1377     light switch assembly installed in a vehicle's hood or trunk.
1378          (6) "Person" means an individual, a firm, an association, a partnership, a corporation,
1379     the state, or a local government.
1380          (7) "Plan" means a plan for removing and collecting mercury switches from vehicles.
1381          (8) "Vehicle" means any passenger automobile or car, station wagon, truck, van, or
1382     sport utility vehicle that may contain one or more mercury switches.
1383          Section 22. Section 19-6-1102 is amended to read:
1384          19-6-1102. Definitions.
1385          As used in this part:
1386          (1) "Board" means the [Solid and Hazardous] Waste Management and Radiation
1387     Control Board created under Section 19-1-106.
1388          (2) "Director" means the director of the Division of [Solid and Hazardous] Waste
1389     Management and Radiation Control.
1390          (3) "Division" means the Division of [Solid and Hazardous] Waste[,] Management and
1391     Radiation Control created in [Subsection] Section 19-1-105[(1)(e)].
1392          (4) (a) "Industrial byproduct" means an industrial residual, including:
1393          (i) inert construction debris;
1394          (ii) fly ash;
1395          (iii) bottom ash;
1396          (iv) slag;
1397          (v) flue gas emission control residuals generated primarily from the combustion of coal
1398     or other fossil fuel;
1399          (vi) residual from the extraction, beneficiation, and processing of an ore or mineral;
1400          (vii) cement kiln dust; or
1401          (viii) contaminated soil extracted as a result of a corrective action subject to an

1402     operation plan under Part 1, Solid and Hazardous Waste Act.
1403          (b) "Industrial byproduct" does not include material that:
1404          (i) causes a public nuisance or public health hazard; or
1405          (ii) is a hazardous waste under Part 1, Solid and Hazardous Waste Act.
1406          (5) "Public project" means a project of the Department of Transportation to construct:
1407          (a) a highway or road;
1408          (b) a curb;
1409          (c) a gutter;
1410          (d) a walkway;
1411          (e) a parking facility;
1412          (f) a public transportation facility; or
1413          (g) a facility, infrastructure, or transportation improvement that benefits the public.
1414          (6) "Reuse" means to use an industrial byproduct in place of a raw material.
1415          Section 23. Section 26-7-7 is amended to read:
1416          26-7-7. Radon awareness campaign.
1417          The department shall, in consultation with the Division of Waste Management and
1418     Radiation Control, develop a statewide electronic awareness campaign to educate the public
1419     regarding:
1420          (1) the existence and prevalence of radon gas in buildings and structures;
1421          (2) the health risks associated with radon gas;
1422          (3) options for radon gas testing; and
1423          (4) options for radon gas remediation.
1424          Section 24. Section 59-1-403 is amended to read:
1425          59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1426          (1) (a) Any of the following may not divulge or make known in any manner any
1427     information gained by that person from any return filed with the commission:
1428          (i) a tax commissioner;
1429          (ii) an agent, clerk, or other officer or employee of the commission; or

1430          (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
1431     town.
1432          (b) An official charged with the custody of a return filed with the commission is not
1433     required to produce the return or evidence of anything contained in the return in any action or
1434     proceeding in any court, except:
1435          (i) in accordance with judicial order;
1436          (ii) on behalf of the commission in any action or proceeding under:
1437          (A) this title; or
1438          (B) other law under which persons are required to file returns with the commission;
1439          (iii) on behalf of the commission in any action or proceeding to which the commission
1440     is a party; or
1441          (iv) on behalf of any party to any action or proceeding under this title if the report or
1442     facts shown by the return are directly involved in the action or proceeding.
1443          (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1444     admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1445     pertinent to the action or proceeding.
1446          (2) This section does not prohibit:
1447          (a) a person or that person's duly authorized representative from receiving a copy of
1448     any return or report filed in connection with that person's own tax;
1449          (b) the publication of statistics as long as the statistics are classified to prevent the
1450     identification of particular reports or returns; and
1451          (c) the inspection by the attorney general or other legal representative of the state of the
1452     report or return of any taxpayer:
1453          (i) who brings action to set aside or review a tax based on the report or return;
1454          (ii) against whom an action or proceeding is contemplated or has been instituted under
1455     this title; or
1456          (iii) against whom the state has an unsatisfied money judgment.
1457          (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the

1458     commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1459     Rulemaking Act, provide for a reciprocal exchange of information with:
1460          (i) the United States Internal Revenue Service; or
1461          (ii) the revenue service of any other state.
1462          (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1463     corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1464     Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1465     other written statements with the federal government, any other state, any of the political
1466     subdivisions of another state, or any political subdivision of this state, except as limited by
1467     Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
1468     government grant substantially similar privileges to this state.
1469          (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1470     corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1471     Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1472     identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1473     due.
1474          (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1475     Division of [Solid and Hazardous Waste] Environmental Response and Remediation, as
1476     defined in Section [19-6-102] 19-6-402, as requested by the director of the Division of [Solid
1477     and Hazardous Waste] Environmental Response and Remediation, any records, returns, or
1478     other information filed with the commission under Chapter 13, Motor and Special Fuel Tax
1479     Act, or Section 19-6-410.5 regarding the environmental assurance program participation fee.
1480          (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1481     provide that person sales and purchase volume data reported to the commission on a report,
1482     return, or other information filed with the commission under:
1483          (i) Chapter 13, Part 2, Motor Fuel; or
1484          (ii) Chapter 13, Part 4, Aviation Fuel.
1485          (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,

1486     as defined in Section 59-22-202, the commission shall report to the manufacturer:
1487          (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1488     manufacturer and reported to the commission for the previous calendar year under Section
1489     59-14-407; and
1490          (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1491     manufacturer for which a tax refund was granted during the previous calendar year under
1492     Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
1493          (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1494     distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1495     from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
1496          (h) Notwithstanding Subsection (1), the commission may:
1497          (i) provide to the Division of Consumer Protection within the Department of
1498     Commerce and the attorney general data:
1499          (A) reported to the commission under Section 59-14-212; or
1500          (B) related to a violation under Section 59-14-211; and
1501          (ii) upon request, provide to any person data reported to the commission under
1502     Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
1503          (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1504     of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1505     Management and Budget, provide to the committee or office the total amount of revenues
1506     collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
1507     time period specified by the committee or office.
1508          (j) Notwithstanding Subsection (1), the commission shall make the directory required
1509     by Section 59-14-603 available for public inspection.
1510          (k) Notwithstanding Subsection (1), the commission may share information with
1511     federal, state, or local agencies as provided in Subsection 59-14-606(3).
1512          (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1513     Recovery Services within the Department of Human Services any relevant information

1514     obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1515     who has become obligated to the Office of Recovery Services.
1516          (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
1517     Recovery Services to any other state's child support collection agency involved in enforcing
1518     that support obligation.
1519          (m) (i) Notwithstanding Subsection (1), upon request from the state court
1520     administrator, the commission shall provide to the state court administrator, the name, address,
1521     telephone number, county of residence, and Social Security number on resident returns filed
1522     under Chapter 10, Individual Income Tax Act.
1523          (ii) The state court administrator may use the information described in Subsection
1524     (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
1525          (n) Notwithstanding Subsection (1), the commission shall at the request of a
1526     committee, commission, or task force of the Legislature provide to the committee, commission,
1527     or task force of the Legislature any information relating to a tax imposed under Chapter 9,
1528     Taxation of Admitted Insurers, relating to the study required by Section 59-9-101.
1529          (o) (i) As used in this Subsection (3)(o), "office" means the:
1530          (A) Office of the Legislative Fiscal Analyst; or
1531          (B) Office of Legislative Research and General Counsel.
1532          (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(o)(iii),
1533     the commission shall at the request of an office provide to the office all information:
1534          (A) gained by the commission; and
1535          (B) required to be attached to or included in returns filed with the commission.
1536          (iii) (A) An office may not request and the commission may not provide to an office a
1537     person's:
1538          (I) address;
1539          (II) name;
1540          (III) Social Security number; or
1541          (IV) taxpayer identification number.

1542          (B) The commission shall in all instances protect the privacy of a person as required by
1543     Subsection (3)(o)(iii)(A).
1544          (iv) An office may provide information received from the commission in accordance
1545     with this Subsection (3)(o) only:
1546          (A) as:
1547          (I) a fiscal estimate;
1548          (II) fiscal note information; or
1549          (III) statistical information; and
1550          (B) if the information is classified to prevent the identification of a particular return.
1551          (v) (A) A person may not request information from an office under Title 63G, Chapter
1552     2, Government Records Access and Management Act, or this section, if that office received the
1553     information from the commission in accordance with this Subsection (3)(o).
1554          (B) An office may not provide to a person that requests information in accordance with
1555     Subsection (3)(o)(v)(A) any information other than the information the office provides in
1556     accordance with Subsection (3)(o)(iv).
1557          (p) Notwithstanding Subsection (1), the commission may provide to the governing
1558     board of the agreement or a taxing official of another state, the District of Columbia, the United
1559     States, or a territory of the United States:
1560          (i) the following relating to an agreement sales and use tax:
1561          (A) information contained in a return filed with the commission;
1562          (B) information contained in a report filed with the commission;
1563          (C) a schedule related to Subsection (3)(p)(i)(A) or (B); or
1564          (D) a document filed with the commission; or
1565          (ii) a report of an audit or investigation made with respect to an agreement sales and
1566     use tax.
1567          (q) Notwithstanding Subsection (1), the commission may provide information
1568     concerning a taxpayer's state income tax return or state income tax withholding information to
1569     the Driver License Division if the Driver License Division:

1570          (i) requests the information; and
1571          (ii) provides the commission with a signed release form from the taxpayer allowing the
1572     Driver License Division access to the information.
1573          (r) Notwithstanding Subsection (1), the commission shall provide to the Utah 911
1574     Committee the information requested by the Utah 911 Committee under Subsection
1575     63H-7-303(4).
1576          (s) Notwithstanding Subsection (1), the commission shall provide to the Utah
1577     Educational Savings Plan information related to a resident or nonresident individual's
1578     contribution to a Utah Educational Savings Plan account as designated on the resident or
1579     nonresident's individual income tax return as provided under Section 59-10-1313.
1580          (t) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1581     Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
1582     Department of Health or its designee with the adjusted gross income of an individual if:
1583          (i) an eligibility worker with the Department of Health or its designee requests the
1584     information from the commission; and
1585          (ii) the eligibility worker has complied with the identity verification and consent
1586     provisions of Sections 26-18-2.5 and 26-40-105.
1587          (u) Notwithstanding Subsection (1), the commission may provide to a county, as
1588     determined by the commission, information declared on an individual income tax return in
1589     accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1590     authorized under Section 59-2-103.
1591          (4) (a) Each report and return shall be preserved for at least three years.
1592          (b) After the three-year period provided in Subsection (4)(a) the commission may
1593     destroy a report or return.
1594          (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
1595          (b) If the person described in Subsection (5)(a) is an officer or employee of the state,
1596     the person shall be dismissed from office and be disqualified from holding public office in this
1597     state for a period of five years thereafter.

1598          (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in
1599     accordance with Subsection (3)(o)(iii) or a person that requests information in accordance with
1600     Subsection (3)(o)(v):
1601          (i) is not guilty of a class A misdemeanor; and
1602          (ii) is not subject to:
1603          (A) dismissal from office in accordance with Subsection (5)(b); or
1604          (B) disqualification from holding public office in accordance with Subsection (5)(b).
1605          (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1606          Section 25. Section 63J-4-502 is amended to read:
1607          63J-4-502. Membership -- Terms -- Chair -- Expenses.
1608          (1) The Resource Development Coordinating Committee shall consist of the following
1609     [25] 24 members:
1610          (a) the state science advisor;
1611          (b) a representative from the Department of Agriculture and Food appointed by the
1612     executive director;
1613          (c) a representative from the Department of Heritage and Arts appointed by the
1614     executive director;
1615          (d) a representative from the Department of Environmental Quality appointed by the
1616     executive director;
1617          (e) a representative from the Department of Natural Resources appointed by the
1618     executive director;
1619          (f) a representative from the Department of Transportation appointed by the executive
1620     director;
1621          (g) a representative from the Governor's Office of Economic Development appointed
1622     by the director;
1623          (h) a representative from the Housing and Community Development Division
1624     appointed by the director;
1625          (i) a representative from the Division of State History appointed by the director;

1626          (j) a representative from the Division of Air Quality appointed by the director;
1627          (k) a representative from the Division of Drinking Water appointed by the director;
1628          (l) a representative from the Division of Environmental Response and Remediation
1629     appointed by the director;
1630          [(m) a representative from the Division of Radiation appointed by the director;]
1631          [(n)] (m) a representative from the Division of [Solid and Hazardous] Waste
1632     Management and Radiation Control appointed by the director;
1633          [(o)] (n) a representative from the Division of Water Quality appointed by the director;
1634          [(p)] (o) a representative from the Division of Oil, Gas, and Mining appointed by the
1635     director;
1636          [(q)] (p) a representative from the Division of Parks and Recreation appointed by the
1637     director;
1638          [(r)] (q) a representative from the Division of Forestry, Fire, and State Lands appointed
1639     by the director;
1640          [(s)] (r) a representative from the Utah Geological Survey appointed by the director;
1641          [(t)] (s) a representative from the Division of Water Resources appointed by the
1642     director;
1643          [(u)] (t) a representative from the Division of Water Rights appointed by the director;
1644          [(v)] (u) a representative from the Division of Wildlife Resources appointed by the
1645     director;
1646          [(w)] (v) a representative from the School and Institutional Trust Lands Administration
1647     appointed by the director;
1648          [(x)] (w) a representative from the Division of Facilities Construction and Management
1649     appointed by the director; and
1650          [(y)] (x) a representative from the Division of Emergency Management appointed by
1651     the director.
1652          (2) (a) As particular issues require, the committee may, by majority vote of the
1653     members present, and with the concurrence of the state planning coordinator, appoint

1654     additional temporary members to serve as ex officio voting members.
1655          (b) Those ex officio members may discuss and vote on the issue or issues for which
1656     they were appointed.
1657          (3) A chair shall be selected by a majority vote of committee members with the
1658     concurrence of the state planning coordinator.
1659          (4) A member may not receive compensation or benefits for the member's service, but
1660     may receive per diem and travel expenses in accordance with:
1661          (a) Section 63A-3-106;
1662          (b) Section 63A-3-107; and
1663          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1664     63A-3-107.
1665          Section 26. Repealer.
1666          This bill repeals:
1667          Section 19-3-103, Radiation Control Board -- Members -- Organization -- Meetings
1668     -- Per diem and expenses.
1669          Section 19-3-103.5, Board authority and duties.
1670          Section 19-3-108, Powers and duties of director.
1671          Section 27. Effective date.
1672          This bill takes effect on July 1, 2015.
1673          Section 28. Coordinating S.B. 244 with S.B. 173 -- Technical amendment.
1674          If this S.B. 244 and S.B. 173, Financial Assurance Determination Review Process, both
1675     pass and become law, it is the intent of the Legislature that the Office of Legislative Research
1676     and General Counsel, in preparing the Utah Code database for publication, modify Subsection
1677     19-1-301.5(1)(c) to read:
1678          (c) "Financial assurance determination" means a decision on whether a facility, site,
1679     plan, party, broker, owner, operator, generator, or permittee has met financial assurance or
1680     financial responsibility requirements as determined by the director of the Division of Waste
1681     Management and Radiation Control.

1682