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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
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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