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JOINT RESOLUTION APPROVING CLASS V LANDFILL

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2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Lee B. Perry

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Senate Sponsor: Peter C. Knudson

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7     LONG TITLE
8     General Description:
9          This resolution gives approval for the construction and operation of a Class V
10     commercial nonhazardous solid waste landfill.
11     Highlighted Provisions:
12          This resolution:
13          ▸     describes the proposed Promontory Point Landfill;
14          ▸     enumerates the types of nonhazardous solid waste to be received by the landfill;
15          ▸     states that the operation plan for the landfill will be submitted to the director of the
16     Division of Waste Management and Radiation Control for approval; and
17          ▸     grants provisional approval for the construction and operation of a Class V
18     commercial nonhazardous solid waste landfill.
19     Special Clauses:
20          None
21     

22     Be it resolved by the Legislature of the state of Utah:
23          WHEREAS, Promontory Point Resources, LLC, has proposed a plan to construct and
24     operate a Class V commercial landfill to receive nonhazardous solid waste for treatment,
25     storage, or disposal as defined in Utah Code Section 19-6-102;
26          WHEREAS, the facility is to be located on 2,000 acres owned by Promontory Point
27     Resources, LLC, in Box Elder County on the southern tip of Promontory Point;

28          WHEREAS, the Department of Environmental Quality issued Promontory Point
29     Resources, LLC, a permit for the operation of a Class I landfill on this site that solely receives
30     nonhazardous municipal waste under contracts with local governments;
31          WHEREAS, a Class V commercial landfill would have a favorable economic impact on
32     Box Elder County in the form of new permanent jobs and host fees;
33          WHEREAS, Utah Code Section 19-6-108 requires that an applicant for authority to
34     construct a commercial landfill receive approval from the local government, the Legislature,
35     and the Governor;
36          WHEREAS, Utah Code Section 19-6-108 also requires that an applicant for authority
37     to construct or operate a commercial landfill receive approval from the director of the Division
38     of Waste Management and Radiation Control within the Department of Environmental Quality
39     for an operation plan for that facility before receiving gubernatorial approval;
40          WHEREAS, Promontory Point Resources, LLC, is seeking approval from Box Elder
41     County for the proposed landfill;
42          WHEREAS, Promontory Point Resources, LLC, will submit a proposed operation plan
43     for the Promontory Point Class V commercial nonhazardous solid waste landfill to the Division
44     of Waste Management and Radiation Control to be approved by the director;
45          WHEREAS, Promontory Point Resources, LLC, will request gubernatorial approval
46     after the operation plan is approved by the director of the Division of Waste Management and
47     Radiation Control;
48          WHEREAS, the proposed operation plan for the Promontory Point Landfill states that
49     the landfill will receive nonhazardous waste, including municipal waste, industrial waste,
50     construction and demolition waste, and special wastes as enumerated in the operation plan and
51     as defined in Utah Administrative Code, R315-315, Special Waste Requirements:
52          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
53     grants its provisional approval to Promontory Point Resources, LLC, to construct and operate a
54     Class V commercial nonhazardous solid waste landfill as described in the proposed plan if the
55     proposed plan is approved by Box Elder County, the Division of Waste Management and
56     Radiation Control, and the Governor in accordance with Utah Code Section 19-6-108.







Legislative Review Note
Office of Legislative Research and General Counsel