1     
SOLID WASTE AMENDMENTS

2     
2016 FOURTH SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis Oda

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies the definitions of the terms "solid waste" and "solid waste
10     management facility."
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies the definitions of the terms "solid waste" and "solid waste management
14     facility"; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          19-6-102, as last amended by Laws of Utah 2015, Chapters 42 and 451
23          19-6-502, as last amended by Laws of Utah 2014, Chapter 183
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 19-6-102 is amended to read:
27          19-6-102. Definitions.
28          As used in this part:
29          (1) "Board" means the Waste Management and Radiation Control Board created in
30     Section 19-1-106.
31          (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
32     which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
33     disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
34     facility or site.
35          (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
36     means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
37     disposal.
38          (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
39     does not include a facility that:
40          (i) receives waste for recycling;
41          (ii) receives waste to be used as fuel, in compliance with federal and state
42     requirements; or
43          (iii) is solely under contract with a local government within the state to dispose of
44     nonhazardous solid waste generated within the boundaries of the local government.
45          (4) "Construction waste or demolition waste":
46          (a) means waste from building materials, packaging, and rubble resulting from
47     construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
48     and other structures, and from road building and land clearing; and
49          (b) does not include: asbestos; contaminated soils or tanks resulting from remediation
50     or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar
51     hazardous or potentially hazardous materials.
52          (5) "Demolition waste" has the same meaning as the definition of construction waste in
53     this section.
54          (6) "Director" means the director of the Division of Waste Management and Radiation
55     Control.
56          (7) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
57     placing of any solid or hazardous waste into or on any land or water so that the waste or any
58     constituent of the waste may enter the environment, be emitted into the air, or discharged into
59     any waters, including groundwaters.
60          (8) "Division" means the Division of Waste Management and Radiation Control,
61     created in Subsection 19-1-105(1)(d).
62          (9) "Generation" or "generated" means the act or process of producing nonhazardous
63     solid or hazardous waste.
64          (10) "Hazardous waste" means a solid waste or combination of solid wastes other than
65     household waste which, because of its quantity, concentration, or physical, chemical, or
66     infectious characteristics may cause or significantly contribute to an increase in mortality or an
67     increase in serious irreversible or incapacitating reversible illness or may pose a substantial
68     present or potential hazard to human health or the environment when improperly treated,
69     stored, transported, disposed of, or otherwise managed.
70          (11) "Health facility" means hospitals, psychiatric hospitals, home health agencies,
71     hospices, skilled nursing facilities, intermediate care facilities, intermediate care facilities for
72     people with an intellectual disability, residential health care facilities, maternity homes or
73     birthing centers, free standing ambulatory surgical centers, facilities owned or operated by
74     health maintenance organizations, and state renal disease treatment centers including free
75     standing hemodialysis units, the offices of private physicians and dentists whether for
76     individual or private practice, veterinary clinics, and mortuaries.
77          (12) "Household waste" means any waste material, including garbage, trash, and
78     sanitary wastes in septic tanks, derived from households, including single-family and
79     multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
80     campgrounds, picnic grounds, and day-use recreation areas.
81          (13) "Infectious waste" means a solid waste that contains or may reasonably be
82     expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
83     a susceptible host could result in an infectious disease.
84          (14) "Manifest" means the form used for identifying the quantity, composition, origin,
85     routing, and destination of hazardous waste during its transportation from the point of
86     generation to the point of disposal, treatment, or storage.
87          (15) "Mixed waste" means any material that is a hazardous waste as defined in this
88     chapter and is also radioactive as defined in Section 19-3-102.
89          (16) "Modification plan" means a plan under Section 19-6-108 to modify a facility or
90     site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
91     of hazardous waste.
92          (17) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
93     means a plan or approval under Section 19-6-108, including:
94          (a) a plan to own, construct, or operate a facility or site for the purpose of disposing of
95     nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
96          (b) a closure plan;
97          (c) a modification plan; or
98          (d) an approval that the director is authorized to issue.
99          (18) "Permittee" means a person who is obligated under an operation plan.
100          (19) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from a
101     waste treatment plant, water supply treatment plant, or air pollution control facility, or other
102     discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
103     from industrial, commercial, mining, or agricultural operations and from community activities
104     but does not include solid or dissolved materials in domestic sewage or in irrigation return
105     flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
106     Act, or under the Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
107          (b) "Solid waste" does not include any of the following wastes unless the waste causes
108     a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
109          (i) certain large volume wastes, such as inert construction debris used as fill material;
110          (ii) drilling muds, produced waters, and other wastes associated with the exploration,
111     development, or production of oil, gas, or geothermal energy;
112          (iii) solid wastes from the extraction, beneficiation, and processing of ores and
113     minerals; [or]
114          (iv) cement kiln dust[.]; or
115          (v) metal that is:
116          (A) purchased as a valuable commercial commodity; and
117          (B) not otherwise hazardous waste or subject to conditions of the federal hazardous
118     waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6.
119          (20) "Solid waste management facility" means the same as that term is defined in
120     Section 19-6-502.
121          [(20)] (21) "Storage" means the actual or intended containment of solid or hazardous
122     waste either on a temporary basis or for a period of years in such a manner as not to constitute
123     disposal of the waste.
124          [(21)] (22) "Transportation" means the off-site movement of solid or hazardous waste
125     to any intermediate point or to any point of storage, treatment, or disposal.
126          [(22)] (23) "Treatment" means a method, technique, or process designed to change the
127     physical, chemical, or biological character or composition of any solid or hazardous waste so as
128     to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
129     recovery, amenable to storage, or reduced in volume.
130          [(23)] (24) "Underground storage tank" means a tank which is regulated under Subtitle
131     I of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
132          Section 2. Section 19-6-502 is amended to read:
133          19-6-502. Definitions.
134          As used in this part:
135          (1) "Governing body" means the governing board, commission, or council of a public
136     entity.
137          (2) "Jurisdiction" means the area within the incorporated limits of:
138          (a) a municipality;
139          (b) a special service district;
140          (c) a municipal-type service district;
141          (d) a service area; or
142          (e) the territorial area of a county not lying within a municipality.
143          (3) "Long-term agreement" means an agreement or contract having a term of more than
144     five years but less than 50 years.
145          (4) "Municipal residential waste" means solid waste that is:
146          (a) discarded or rejected at a residence within the public entity's jurisdiction; and
147          (b) collected at or near the residence by:
148          (i) a public entity; or
149          (ii) a person with whom the public entity has as an agreement to provide solid waste
150     management.
151          (5) "Public entity" means:
152          (a) a county;
153          (b) a municipality;
154          (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
155          (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
156          (e) a municipal-type service district created under Title 17, Chapter 34,
157     Municipal-Type Services to Unincorporated Areas.
158          (6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
159     imposes a legal duty on a person.
160          (7) "Residence" means an improvement to real property used or occupied as a primary
161     or secondary detached single-family dwelling.
162          (8) "Resource recovery" means the separation, extraction, recycling, or recovery of
163     usable material, energy, fuel, or heat from solid waste and the disposition of it.
164          (9) "Short-term agreement" means a contract or agreement having a term of five years
165     or less.
166          (10) (a) "Solid waste" means a putrescible or nonputrescible material or substance
167     discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the
168     time of discard or rejection, including:
169          (i) garbage;
170          (ii) refuse;
171          (iii) industrial and commercial waste;
172          (iv) sludge from an air or water control facility;
173          (v) rubbish;
174          (vi) ash;
175          (vii) contained gaseous material;
176          (viii) incinerator residue;
177          (ix) demolition and construction debris;
178          (x) a discarded automobile; and
179          (xi) offal.
180          (b) "Solid waste" does not include sewage or another highly diluted water carried
181     material or substance and those in gaseous form.
182          (11) "Solid waste management" means the purposeful and systematic collection,
183     transportation, storage, processing, recovery, or disposal of solid waste.
184          (12) (a) "Solid waste management facility" means a facility employed for solid waste
185     management, including:
186          [(a)] (i) a transfer station;
187          [(b)] (ii) a transport system;
188          [(c)] (iii) a baling facility;
189          [(d)] (iv) a landfill; and
190          [(e)] (v) a processing system, including:
191          [(i)] (A) a resource recovery facility;
192          [(ii)] (B) a facility for reducing solid waste volume;
193          [(iii)] (C) a plant or facility for compacting, composting, or pyrolization of solid waste;
194          [(iv)] (D) an incinerator;
195          [(v)] (E) a solid waste disposal, reduction, or conversion facility;
196          [(vi)] (F) a facility for resource recovery of energy consisting of:
197          [(A)] (I) a facility for the production, transmission, distribution, and sale of heat and
198     steam;
199          [(B)] (II) a facility for the generation and sale of electric energy to a public utility,
200     municipality, or other public entity that owns and operates an electric power system on March
201     15, 1982; and
202          [(C)] (III) a facility for the generation, sale, and transmission of electric energy on an
203     emergency basis only to a military installation of the United States; and
204          [(vii)] (G) an auxiliary energy facility that is connected to a facility for resource
205     recovery of energy as described in Subsection (12)[(e)(vi)](a)(v)(F), that:
206          [(A)] (I) is fueled by natural gas, landfill gas, or both;
207          [(B)] (II) consists of a facility for the production, transmission, distribution, and sale of
208     supplemental heat and steam to meet all or a portion of the heat and steam requirements of a
209     military installation of the United States; and
210          [(C)] (III) consists of a facility for the generation, transmission, distribution, and sale of
211     electric energy to a public utility, a municipality described in Subsection
212     (12)[(e)(vi)(B)](a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13,
213     Interlocal Cooperation Act.
214          (b) "Solid waste management facility" does not mean a facility that:
215          (i) accepts and processes metal, as defined in Subsection 19-6-102(19)(b), by
216     separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a
217     principle commodity grade product of prepared scrap metal for sale or use for remelting
218     purposes provided that any byproduct or residual that would qualify as solid waste is managed
219     at a solid waste management facility; or
220          (ii) accepts and processes paper, plastic, rubber, glass, or textiles that:
221          (A) have been source-separated or otherwise diverted from the solid waste stream
222     before acceptance at the facility and that are not otherwise hazardous waste or subject to
223     conditions of federal hazardous waste regulations; and
224          (B) are reused or recycled as a valuable commercial commodity by separating,
225     shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle
226     commodity grade product, provided that any byproduct or residual that would qualify as solid
227     waste is managed at a solid waste management facility.