1     
SOLID WASTE REVISIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike K. McKell

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies regulations in regard to nonhazardous solid waste.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies definitions;
14          ▸     states that no person may own, construct, modify, or operate any facility or site for
15     the purpose of transferring, treating, or disposing of nonhazardous solid waste
16     without first submitting and receiving the approval of the director for an operation
17     plan for that facility or site;
18          ▸     provides that certain waste entering Utah from other states for disposal or treatment
19     be treated according to standards provided in Utah law;
20          ▸     modifies fee structures for nonhazardous solid waste streams; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          19-6-102, as last amended by Laws of Utah 2016, Fourth Special Session, Chapter 1
29          19-6-105, as last amended by Laws of Utah 2012, Chapter 360

30          19-6-108, as last amended by Laws of Utah 2013, Chapter 378
31          19-6-108.5, as last amended by Laws of Utah 2010, Chapter 324
32          19-6-119, as last amended by Laws of Utah 2012, Chapter 360
33          19-6-502, as last amended by Laws of Utah 2016, Fourth Special Session, Chapter 1
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 19-6-102 is amended to read:
37          19-6-102. Definitions.
38          As used in this part:
39          (1) "Board" means the Waste Management and Radiation Control Board created in
40     Section 19-1-106.
41          (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
42     which the owner or operator has disposed of nonhazardous solid waste or has treated, stored,
43     or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
44     facility or site.
45          (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
46     means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
47     disposal.
48          (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility" does
49     not include a facility that:
50          (i) receives waste for recycling;
51          (ii) receives waste to be used as fuel, in compliance with federal and state requirements;
52     or
53          (iii) is solely under contract with a local government within the state to dispose of
54     nonhazardous solid waste generated within the boundaries of the local government.
55          (4) "Construction waste or demolition waste":
56          (a) means waste from building materials, packaging, and rubble resulting from
57     construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,

58     and other structures, and from road building and land clearing; and
59          (b) does not include: asbestos; contaminated soils or tanks resulting from remediation
60     or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar hazardous
61     or potentially hazardous materials.
62          (5) "Demolition waste" has the same meaning as the definition of construction waste in
63     this section.
64          (6) "Director" means the director of the Division of Waste Management and Radiation
65     Control.
66          (7) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
67     placing of any solid or hazardous waste into or on any land or water so that the waste or any
68     constituent of the waste may enter the environment, be emitted into the air, or discharged into
69     any waters, including groundwaters.
70          (8) "Division" means the Division of Waste Management and Radiation Control,
71     created in Subsection 19-1-105(1)(d).
72          (9) "Generation" or "generated" means the act or process of producing nonhazardous
73     solid or hazardous waste.
74          (10) "Hazardous waste" means a solid waste or combination of solid wastes other than
75     household waste which, because of its quantity, concentration, or physical, chemical, or
76     infectious characteristics may cause or significantly contribute to an increase in mortality or an
77     increase in serious irreversible or incapacitating reversible illness or may pose a substantial
78     present or potential hazard to human health or the environment when improperly treated,
79     stored, transported, disposed of, or otherwise managed.
80          (11) "Health facility" means hospitals, psychiatric hospitals, home health agencies,
81     hospices, skilled nursing facilities, intermediate care facilities, intermediate care facilities for
82     people with an intellectual disability, residential health care facilities, maternity homes or
83     birthing centers, free standing ambulatory surgical centers, facilities owned or operated by
84     health maintenance organizations, and state renal disease treatment centers including free
85     standing hemodialysis units, the offices of private physicians and dentists whether for individual

86     or private practice, veterinary clinics, and mortuaries.
87          (12) "Household waste" means any waste material, including garbage, trash, and
88     sanitary wastes in septic tanks, derived from households, including single-family and
89     multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
90     campgrounds, picnic grounds, and day-use recreation areas.
91          (13) "Infectious waste" means a solid waste that contains or may reasonably be
92     expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
93     a susceptible host could result in an infectious disease.
94          (14) "Manifest" means the form used for identifying the quantity, composition, origin,
95     routing, and destination of hazardous waste during its transportation from the point of
96     generation to the point of disposal, treatment, or storage.
97          (15) "Mixed waste" means any material that is a hazardous waste as defined in this
98     chapter and is also radioactive as defined in Section 19-3-102.
99          (16) "Modification plan" means a plan under Section 19-6-108 to modify a facility or
100     site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
101     of hazardous waste.
102          (17) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
103     means a plan or approval under Section 19-6-108, including:
104          (a) a plan to own, construct, or operate a facility or site for the purpose of transferring,
105     treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of
106     hazardous waste;
107          (b) a closure plan;
108          (c) a modification plan; or
109          (d) an approval that the director is authorized to issue.
110          (18) "Permittee" means a person who is obligated under an operation plan.
111          (19) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from a waste
112     treatment plant, water supply treatment plant, or air pollution control facility, or other discarded
113     material, including solid, liquid, semi-solid, or contained gaseous material resulting from

114     industrial, commercial, mining, or agricultural operations and from community activities but
115     does not include solid or dissolved materials in domestic sewage or in irrigation return flows or
116     discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under
117     the Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
118          (b) "Solid waste" does not include any of the following wastes unless the waste causes a
119     public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
120          (i) certain large volume wastes, such as inert construction debris used as fill material;
121          (ii) drilling muds, produced waters, and other wastes associated with the exploration,
122     development, or production of oil, gas, or geothermal energy;
123          (iii) solid wastes from the extraction, beneficiation, and processing of ores and minerals;
124          (iv) cement kiln dust; or
125          (v) metal that is:
126          (A) purchased as a valuable commercial commodity; and
127          (B) not otherwise hazardous waste or subject to conditions of the federal hazardous
128     waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6.
129          (20) "Solid waste management facility" means the same as that term is defined in
130     Section 19-6-502.
131          (21) "Storage" means the actual or intended containment of solid or hazardous waste
132     either on a temporary basis or for a period of years in such a manner as not to constitute
133     disposal of the waste.
134          (22) (a) "Transfer" means the collection of nonhazardous solid waste from a permanent,
135     fixed, supplemental collection facility for movement to a vehicle for movement to an offsite
136     nonhazardous solid waste storage or disposal facility.
137          (b) "Transfer" does not mean:
138          (i) the act of moving nonhazardous solid waste from one location to another location on
139     the site where the nonhazardous solid waste is generated; or
140          (ii) placement of nonhazardous solid waste on the site where the nonhazardous solid
141     waste is generated in preparation for movement off that site.

142          [(22)] (23) "Transportation" means the off-site movement of solid or hazardous waste
143     to any intermediate point or to any point of storage, treatment, or disposal.
144          [(23)] (24) "Treatment" means a method, technique, or process designed to change the
145     physical, chemical, or biological character or composition of any solid or hazardous waste so as
146     to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
147     recovery, amenable to storage, or reduced in volume.
148          [(24)] (25) "Underground storage tank" means a tank which is regulated under Subtitle
149     I of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
150          Section 2. Section 19-6-105 is amended to read:
151          19-6-105. Rules of board.
152          (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
153     Administrative Rulemaking Act:
154          (a) establishing minimum standards for protection of human health and the environment,
155     for the storage, collection, transport, transfer, recovery, treatment, and disposal of solid waste,
156     including requirements for the approval by the director of plans for the construction, extension,
157     operation, and closure of solid waste disposal sites;
158          (b) identifying wastes which are determined to be hazardous, including wastes
159     designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
160     1976, 42 U.S.C., Sec. 6921, et seq.;
161          (c) governing generators and transporters of hazardous wastes and owners and
162     operators of hazardous waste treatment, storage, and disposal facilities, including requirements
163     for keeping records, monitoring, submitting reports, and using a manifest, without treating
164     high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
165     muds, and oil production brines in a manner more stringent than they are treated under federal
166     standards;
167          (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
168     subject to a plan approval under Section 19-6-108 or which received waste after July 26, 1982,
169     to take appropriate corrective action or other response measures for releases of hazardous

170     waste or hazardous waste constituents from the facility, including releases beyond the
171     boundaries of the facility;
172          (e) specifying the terms and conditions under which the director shall approve,
173     disapprove, revoke, or review hazardous wastes operation plans;
174          (f) governing public hearings and participation under this part;
175          (g) establishing standards governing underground storage tanks, in accordance with
176     Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
177          (h) relating to the collection, transportation, processing, treatment, storage, and
178     disposal of infectious waste in health facilities in accordance with the requirements of Section
179     19-6-106;
180          (i) defining closure plans as major or minor;
181          (j) defining modification plans as major or minor; and
182          (k) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
183     organic waste substance of any kind to be thrown, or remain upon or in any street, road, ditch,
184     canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or well.
185          (2) If any of the following are determined to be hazardous waste and are therefore
186     subjected to the provisions of this part, the board shall, in the case of landfills or surface
187     impoundments that receive the solid wastes, take into account the special characteristics of the
188     wastes, the practical difficulties associated with applying requirements for other wastes to the
189     wastes, and site specific characteristics, including the climate, geology, hydrology, and soil
190     chemistry at the site, if the modified requirements assure protection of human health and the
191     environment and are no more stringent than federal standards applicable to wastes:
192          (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
193     including phosphate rock and overburden from the mining of uranium;
194          (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
195     generated primarily from the combustion of coal or other fossil fuels; and
196          (c) cement kiln dust waste.
197          (3) The board shall establish criteria for siting commercial hazardous waste treatment,

198     storage, and disposal facilities, including commercial hazardous waste incinerators. Those
199     criteria shall apply to any facility or incinerator for which plan approval is required under
200     Section 19-6-108.
201          Section 3. Section 19-6-108 is amended to read:
202          19-6-108. New nonhazardous solid or hazardous waste operation plans for facility
203     or site -- Administrative and legislative approval required -- Exemptions from legislative
204     and gubernatorial approval -- Time periods for review -- Information required -- Other
205     conditions -- Revocation of approval -- Periodic review.
206          (1) For purposes of this section, the following items shall be treated as submission of a
207     new operation plan:
208          (a) the submission of a revised operation plan specifying a different geographic site than
209     a previously submitted plan;
210          (b) an application for modification of a commercial hazardous waste incinerator if the
211     construction or the modification would increase the hazardous waste incinerator capacity above
212     the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in the
213     operation plan application as of January 1, 1990, if no operation plan approval has been issued
214     as of January 1, 1990;
215          (c) an application for modification of a commercial nonhazardous solid waste
216     incinerator if the construction of the modification would cost 50% or more of the cost of
217     construction of the original incinerator or the modification would result in an increase in the
218     capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
219     or throughput that was approved in the operation plan as of January 1, 1990, or the initial
220     approved operation plan if the initial approval is subsequent to January 1, 1990;
221          (d) an application for modification of a commercial nonhazardous solid or hazardous
222     waste treatment, storage, or disposal facility, other than an incinerator, if the modification
223     would be outside the boundaries of the property owned or controlled by the applicant, as shown
224     in the application or approved operation plan as of January 1, 1990, or the initial approved
225     operation plan if the initial approval is subsequent to January 1, 1990; or

226          (e) a submission of an operation plan to construct a facility, if previous approvals of the
227     operation plan to construct the facility have been revoked pursuant to Subsection (3)(c)(iii).
228          (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
229     tonnage specified for the trial burn in the operation plan or the operation plan application if no
230     operation plan approval has been issued as of January 1, 1990, and on annual operations of
231     7,000 hours.
232          (3) (a) (i) No person may own, construct, modify, or operate any facility or site for the
233     purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing,
234     or disposing of hazardous waste without first submitting and receiving the approval of the
235     director for an operation plan for that facility or site.
236          (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
237     operation plan may submit to the director information, a report, a plan, or other request for
238     approval for a proposed activity under an operation plan:
239          (I) after obtaining the consent of any other permittee who is a current owner of the
240     facility or site; and
241          (II) without obtaining the consent of any other permittee who is not a current owner of
242     the facility or site.
243          (B) The director may not:
244          (I) withhold an approval of an operation plan requested by a permittee who is a current
245     owner of the facility or site on the grounds that another permittee who is not a current owner of
246     the facility or site has not consented to the request; or
247          (II) give an approval of an operation plan requested by a permittee who is not a current
248     owner before receiving consent of the current owner of the facility or site.
249          (b) (i) Except for facilities that receive the following wastes solely for the purpose of
250     recycling, reuse, or reprocessing, no person may own, construct, modify, or operate any
251     commercial facility that accepts for treatment or disposal, with the intent to make a profit, any
252     of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving
253     the approval of the director for an operation plan for that facility site.

254          (ii) Wastes referred to in Subsection (3)(b)(i) are:
255          (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
256     generated primarily from the combustion of coal or other fossil fuels;
257          (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
258          (C) cement kiln dust wastes.
259          (c) (i) No person may construct a facility listed under Subsection (3)(c)(ii) until the
260     person receives:
261          (A) local government approval and the approval described in Subsection (3)(a);
262          (B) approval from the Legislature; and
263          (C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B), approval
264     from the governor.
265          (ii) A facility referred to in Subsection (3)(c)(i) is:
266          (A) a commercial nonhazardous solid waste disposal facility;
267          (B) except for facilities that receive the following wastes solely for the purpose of
268     recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
269     with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
270     emission control waste generated primarily from the combustion of coal or other fossil fuels;
271     wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
272     dust wastes; or
273          (C) a commercial hazardous waste treatment, storage, or disposal facility.
274          (iii) The required approvals described in Subsection (3)(c)(i) for a facility described in
275     Subsection (3)(c)(ii)(A) or (B) are automatically revoked if:
276          (A) the governor's approval is received on or after May 10, 2011, and the facility is not
277     operational within five years after the day on which the governor's approval is received; or
278          (B) the governor's approval is received before May 10, 2011, and the facility is not
279     operational on or before May 10, 2016.
280          (iv) The required approvals described in Subsection (3)(c)(i) for a facility described in
281     Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not transferrable to

282     another person for five years after the day on which the governor's approval is received.
283          (d) No person need obtain gubernatorial or legislative approval for the construction of a
284     hazardous waste facility for which an operating plan has been approved by or submitted for
285     approval to the executive secretary of the board under this section before April 24, 1989, and
286     which has been determined, on or before December 31, 1990, by the executive secretary of the
287     board to be complete, in accordance with state and federal requirements for operating plans for
288     hazardous waste facilities even if a different geographic site is subsequently submitted.
289          (e) No person need obtain gubernatorial and legislative approval for the construction of
290     a commercial nonhazardous solid waste disposal facility for which an operation plan has been
291     approved by or submitted for approval to the executive secretary of the board under this section
292     on or before January 1, 1990, and which, on or before December 31, 1990, the executive
293     secretary of the board determines to be complete, in accordance with state and federal
294     requirements applicable to operation plans for nonhazardous solid waste facilities.
295          (f) Any person owning or operating a facility or site on or before November 19, 1980,
296     who has given timely notification as required by Section 3010 of the Resource Conservation and
297     Recovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposed
298     hazardous waste plan under this section for that facility or site, may continue to operate that
299     facility or site without violating this section until the plan is approved or disapproved under this
300     section.
301          (g) (i) The director shall suspend acceptance of further applications for a commercial
302     nonhazardous solid or hazardous waste facility upon a finding that the director cannot
303     adequately oversee existing and additional facilities for permit compliance, monitoring, and
304     enforcement.
305          (ii) The director shall report any suspension to the Natural Resources, Agriculture, and
306     Environment Interim Committee.
307          (4) The director shall review each proposed nonhazardous solid or hazardous waste
308     operation plan to determine whether that plan complies with the provisions of this part and the
309     applicable rules of the board.

310          (5) (a) If the facility is a class I or class II facility, the director shall approve or
311     disapprove that plan within 270 days from the date it is submitted.
312          (b) Within 60 days after receipt of the plans, specifications, or other information
313     required by this section for a class I or II facility, the director shall determine whether the plan is
314     complete and contains all information necessary to process the plan for approval.
315          (c) (i) If the plan for a class I or II facility is determined to be complete, the director
316     shall issue a notice of completeness.
317          (ii) If the plan is determined by the director to be incomplete, the director shall issue a
318     notice of deficiency, listing the additional information to be provided by the owner or operator
319     to complete the plan.
320          (d) The director shall review information submitted in response to a notice of deficiency
321     within 30 days after receipt.
322          (e) The following time periods may not be included in the 270 day plan review period
323     for a class I or II facility:
324          (i) time awaiting response from the owner or operator to requests for information
325     issued by the director;
326          (ii) time required for public participation and hearings for issuance of plan approvals;
327     and
328          (iii) time for review of the permit by other federal or state government agencies.
329          (6) (a) If the facility is a class III or class IV facility, the director shall approve or
330     disapprove that plan within 365 days from the date it is submitted.
331          (b) The following time periods may not be included in the 365 day review period:
332          (i) time awaiting response from the owner or operator to requests for information
333     issued by the director;
334          (ii) time required for public participation and hearings for issuance of plan approvals;
335     and
336          (iii) time for review of the permit by other federal or state government agencies.
337          (7) If, within 365 days after receipt of a modification plan or closure plan for any

338     facility, the director determines that the proposed plan, or any part of it, will not comply with
339     applicable rules, the director shall issue an order prohibiting any action under the proposed plan
340     for modification or closure in whole or in part.
341          (8) Any person who owns or operates a facility or site required to have an approved
342     hazardous waste operation plan under this section and who has pending a permit application
343     before the United States Environmental Protection Agency shall be treated as having an
344     approved plan until final administrative disposition of the permit application is made under this
345     section, unless the director determines that final administrative disposition of the application has
346     not been made because of the failure of the owner or operator to furnish any information
347     requested, or the facility's interim status has terminated under Section 3005 (e) of the Resource
348     Conservation and Recovery Act, 42 U.S.C. Section 6925 (e).
349          (9) The director may not approve a proposed nonhazardous solid or hazardous waste
350     operation plan unless the plan contains the information that the board requires, including:
351          (a) estimates of the composition, quantities, and concentrations of any hazardous waste
352     identified under this part and the proposed treatment, storage, or disposal of it;
353          (b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or
354     treatment, storage, or disposal of hazardous waste will not be done in a manner that may cause
355     or significantly contribute to an increase in mortality, an increase in serious irreversible or
356     incapacitating reversible illness, or pose a substantial present or potential hazard to human
357     health or the environment;
358          (c) consistent with the degree and duration of risks associated with the transfer,
359     treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of
360     specified hazardous waste, evidence of financial responsibility in whatever form and amount that
361     the director determines is necessary to insure continuity of operation and that upon
362     abandonment, cessation, or interruption of the operation of the facility or site, all reasonable
363     measures consistent with the available knowledge will be taken to insure that the waste
364     subsequent to being treated, stored, or disposed of at the site or facility will not present a hazard
365     to the public or the environment;

366          (d) evidence that the personnel employed at the facility or site have education and
367     training for the safe and adequate handling of nonhazardous solid or hazardous waste;
368          (e) plans, specifications, and other information that the director considers relevant to
369     determine whether the proposed nonhazardous solid or hazardous waste operation plan will
370     comply with this part and the rules of the board;
371          (f) compliance schedules, where applicable, including schedules for corrective action or
372     other response measures for releases from any solid waste management unit at the facility,
373     regardless of the time the waste was placed in the unit;
374          (g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or
375     hazardous waste facility other than a water treatment facility that treats, stores, or disposes
376     site-generated solid or hazardous waste onsite, a traffic impact study that:
377          (i) takes into consideration the safety, operation, and condition of roadways serving the
378     proposed facility; and
379          (ii) is reviewed and approved by the Department of Transportation or a local highway
380     authority, whichever has jurisdiction over each road serving the proposed facility, with the cost
381     of the review paid by the person who submits the proposed operation plan; and
382          (h) for a proposed operation plan submitted on or after July 1, 2013, for a new
383     nonhazardous solid waste facility owned or operated by a local government, financial
384     information that discloses all costs of establishing and operating the facility, including:
385          (i) land acquisition and leasing;
386          (ii) construction;
387          (iii) estimated annual operation;
388          (iv) equipment;
389          (v) ancillary structures;
390          (vi) roads;
391          (vii) transfer stations; and
392          (viii) using other operations that are not contiguous to the proposed facility but are
393     necessary to support the facility's construction and operation.

394          (10) The director may not approve a commercial nonhazardous solid or hazardous
395     waste operation plan that meets the requirements of Subsection (9) unless it contains the
396     information required by the board, including:
397          (a) evidence that the proposed commercial facility has a proven market of
398     nonhazardous solid or hazardous waste, including:
399          (i) information on the source, quantity, and price charged for treating, storing, and
400     disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
401          (ii) a market analysis of the need for a commercial facility given existing and potential
402     generation of nonhazardous solid or hazardous waste in the state and regionally; and
403          (iii) a review of other existing and proposed commercial nonhazardous solid or
404     hazardous waste facilities regionally and nationally that would compete for the treatment,
405     storage, or disposal of the nonhazardous solid or hazardous waste;
406          (b) a description of the public benefits of the proposed facility, including:
407          (i) the need in the state for the additional capacity for the management of nonhazardous
408     solid or hazardous waste;
409          (ii) the energy and resources recoverable by the proposed facility;
410          (iii) the reduction of nonhazardous solid or hazardous waste management methods,
411     which are less suitable for the environment, that would be made possible by the proposed
412     facility; and
413          (iv) whether any other available site or method for the management of hazardous waste
414     would be less detrimental to the public health or safety or to the quality of the environment; and
415          (c) compliance history of an owner or operator of a proposed commercial
416     nonhazardous solid or hazardous waste treatment, storage, or disposal facility, which may be
417     applied by the director in a nonhazardous solid or hazardous waste operation plan decision,
418     including any plan conditions.
419          (11) The director may not approve a commercial nonhazardous solid or hazardous
420     waste facility operation plan unless based on the application, and in addition to the
421     determination required in Subsections (9) and (10), the director determines that:

422          (a) the probable beneficial environmental effect of the facility to the state outweighs the
423     probable adverse environmental effect; and
424          (b) there is a need for the facility to serve industry within the state.
425          (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
426     revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
427     comply with that plan.
428          (13) The director shall review all approved nonhazardous solid and hazardous waste
429     operation plans at least once every five years.
430          (14) The provisions of Subsections (10) and (11) do not apply to hazardous waste
431     facilities in existence or to applications filed or pending in the department prior to April 24,
432     1989, that are determined by the executive secretary of the board on or before December 31,
433     1990, to be complete, in accordance with state and federal requirements applicable to operation
434     plans for hazardous waste facilities.
435          (15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardous
436     solid waste facility in existence or to an application filed or pending in the department prior to
437     January 1, 1990, that is determined by the director, on or before December 31, 1990, to be
438     complete in accordance with state and federal requirements applicable to operation plans for
439     nonhazardous solid waste facilities.
440          (16) Nonhazardous solid waste generated outside of this state that is defined as
441     hazardous waste in the state where it is generated and which is received for disposal in this state
442     may not be disposed of at a nonhazardous waste disposal facility owned and operated by local
443     government or a facility under contract with a local government solely for disposal of
444     nonhazardous solid waste generated within the boundaries of the local government, unless
445     disposal is approved by the director.
446          (17) This section may not be construed to exempt any facility from applicable regulation
447     under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.
448          Section 4. Section 19-6-108.5 is amended to read:
449          19-6-108.5. Management of hazardous waste generated outside Utah.

450          [(1)] On and after July 1, [1992, any] 2017, waste entering Utah for disposal or
451     treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste [and by
452     the state of origin as hazardous waste, and that exceeds the base volume provided in Subsection
453     (2) for each receiving facility or site, shall be treated according to the same treatment standards
454     to which it would have been subject had it remained in the state where it originated. However, if
455     those standards are less protective of human health or the environment than the treatment
456     standards applicable under Utah law, the waste shall be treated in compliance with the Utah
457     standards] shall be treated or disposed of as nonhazardous solid waste, regardless of how it is
458     classified by the state of origin.
459          [(2) The base volume provided in Subsection (1) for each receiving facility or site is the
460     average of the annual quantities of nonhazardous solid waste that originated outside Utah and
461     were received by the facility or site in calendar years 1990 and 1991.]
462          [(3) (a) The base volume for each receiving facility or site that has an operating plan
463     approved prior to July 1, 1992, but did not receive nonhazardous solid waste originating outside
464     Utah during calendar years 1990 and 1991, shall be the average of annual quantities of
465     out-of-state nonhazardous waste the facility or site received during the 24 months following the
466     date of initial receipt of nonhazardous waste originating outside Utah.]
467          [(b) The base determined under Subsection (3)(a) applies to the facility or site on and
468     after July 1, 1995, regardless of the amount of nonhazardous waste originating outside Utah
469     received by the facility or site prior to this date.]
470          Section 5. Section 19-6-119 is amended to read:
471          19-6-119. Nonhazardous solid waste disposal fees.
472          (1) (a) [Except] Through December 31, 2018, and except as provided in Subsection
473     [(5)] (4), the owner or operator of a commercial nonhazardous solid waste disposal facility or
474     incinerator shall pay the following fees for waste received for treatment or disposal at the
475     facility if the facility or incinerator is required to have operation plan approval under Section
476     19-6-108 and primarily receives waste generated by off-site sources not owned, controlled, or
477     operated by the facility or site owner or operator:

478          (i) 13 cents per ton on all municipal waste and municipal incinerator ash;
479          (ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
480     the following wastes in a cell exclusively designated for the waste being disposed:
481          (A) construction waste or demolition waste;
482          (B) yard waste, including vegetative matter resulting from landscaping, land
483     maintenance, and land clearing operations;
484          (C) dead animals;
485          (D) waste tires and materials derived from waste tires disposed of in accordance with
486     Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
487          (E) petroleum contaminated soils that are approved by the director; and
488          (iii) $2.50 per ton on:
489          (A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
490          (B) (I) fly ash waste;
491          (II) bottom ash waste;
492          (III) slag waste;
493          (IV) flue gas emission control waste generated primarily from the combustion of coal or
494     other fossil fuels;
495          (V) waste from the extraction, beneficiation, and processing of ores and minerals; and
496          (VI) cement kiln dust wastes.
497          (b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
498     the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii) for
499     those wastes described in Subsections (1)(a)(i) and (ii).
500          (c) The owner or operator of a facility described in Subsection 19-6-102(3)(b)(iii) shall
501     pay a fee of 13 cents per ton on all municipal waste received for disposal at the facility.
502          (2) (a) [Except] Through December 31, 2018, and except as provided in Subsections
503     (2)[(b)](c) and [(5)] (4), a waste facility that is owned by a political subdivision shall pay the
504     following annual facility fee to the department by January 15 of each year:
505          (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal

506     waste each year;
507          (ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
508     municipal waste each year;
509          (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
510     municipal waste each year;
511          (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
512     municipal waste each year;
513          (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
514     municipal waste each year;
515          (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
516     municipal waste each year; and
517          (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each year.
518          (b) The fee identified in Subsection (2)(a) for 2018 shall be paid by January 15, 2019.
519          [(b)] (c) [Except] Through December 31, 2018, and except as provided in Subsection
520     [(5)] (4), a waste facility that is owned by a political subdivision shall pay $2.50 per ton for:
521          (i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
522     received for disposal if the waste is:
523          (A) generated outside the boundaries of the political subdivision; and
524          (B) received from a single generator and exceeds 500 tons in a calendar year; and
525          (ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
526          (A) generated outside the boundaries of the political subdivision; and
527          (B) received from a single generator and exceeds 500 tons in a calendar year.
528          [(c)] (d) Waste received at a facility owned by a political subdivision under Subsection
529     (2)[(b)](c) may not be counted as part of the total tonnage received by the facility under
530     Subsection (2)(a).
531          (3) (a) As used in this Subsection (3):
532          (i) "Recycling center" means a facility that extracts valuable materials from a waste
533     stream or transforms or remanufactures the material into a usable form that has demonstrated or

534     potential market value.
535          (ii) "Transfer station" means a permanent, fixed, supplemental collection and
536     transportation facility that is used to deposit collected solid waste from off-site into a transfer
537     vehicle for transport to a solid waste handling or disposal facility.
538          (b) [Except] Through December 31, 2018, and except as provided in Subsection [(5)]
539     (4), the owner or operator of a transfer station or recycling center shall pay to the department
540     the following fees on waste sent for disposal to a nonhazardous solid waste disposal or
541     treatment facility that is not subject to a fee under this section:
542          (i) $1.25 per ton on:
543          (A) all nonhazardous solid waste; and
544          (B) waste described in Subsection (1)(a)(iii)(B);
545          (ii) 10 cents per ton on all construction and demolition waste; and
546          (iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
547          (c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
548     required under Subsection (3)(b)(i).
549          [(4) If a facility required to pay fees under this section receives nonhazardous solid
550     waste for treatment or disposal, and the fee required under this section is paid for that treatment
551     or disposal, any subsequent treatment or disposal of the waste is not subject to additional fees
552     under this section.]
553          [(5)] (4) The owner or operator of a waste disposal facility that receives nonhazardous
554     solid waste described in Subsection (1)(a)(iii)(B) is not required to pay any fee on those
555     nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
556     reprocessing.
557          [(6)] (5) [Except] Through December 31, 2018, and except as provided in Subsection
558     (2)(a), a facility required to pay fees under this section shall:
559          (a) calculate the fees by multiplying the total tonnage of nonhazardous solid waste
560     received during the calendar month, computed to the first decimal place, by the required fee
561     rate;

562          (b) pay the fees imposed by this section to the department by the 15th day of the month
563     following the month in which the fees accrued; and
564          (c) with the fees required under Subsection (6)(b), submit to the department, on a form
565     prescribed by the department, information that verifies the amount of nonhazardous solid waste
566     received and the fees that the owner or operator is required to pay.
567          (6) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, the department
568     shall establish a fee schedule for the treatment, transfer, and disposal of all nonhazardous solid
569     waste.
570          (b) The department shall, before establishing the fee schedule described in Subsection
571     (6)(a), consult with industry and local government and complete a review of program costs and
572     indirect costs of regulating nonhazardous solid waste in the state and use the findings of the
573     review to create the fee schedule.
574          (c) The fee schedule described in Subsection (6)(a) shall:
575          (i) create an equitable and fair fee to be paid by all persons whose treatment, transfer, or
576     disposal of nonhazardous solid waste creates a regulatory burden to the department, except as
577     provided in Subsection (6)(d);
578          (ii) cover the fully burdened costs of the program and provide for reasonable and timely
579     oversight by the department;
580          (iii) adequately meet the needs of industry, local government, and the department,
581     including enabling the department to employ qualified personnel to appropriately oversee
582     industry and local government regulation;
583          (iv) provide stable funding for the Environmental Quality Restricted Account created in
584     Section 19-1-108; and
585          (v) give consideration to a fee differential regarding solid waste managed at a transfer
586     facility, no greater than 50 percent of the fee set for the treatment or disposal of the same solid
587     waste.
588          (d) Any person who treats, transfers, stores, or disposes of solid waste from the
589     extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or

590     operated by that person may not be charged a fee under this section for the treatment, transfer,
591     storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores and
592     minerals that are generated:
593          (i) on-site by the person; or
594          (ii) by off-site sources owned, controlled, or operated by the person.
595          (e) The fees in the fee schedule established by Subsection (6)(a) shall take effect on
596     January 1, 2019.
597          (7) On and after January 1, 2019, a facility required to pay fees under this section shall:
598          (a) pay the fees imposed by this section to the department by the 15th day of the month
599     following the quarter in which the fees accrued; and
600          (b) with the fees required under Subsection (7)(a), submit to the department, on a form
601     prescribed by the department, information that verifies the amount of nonhazardous solid waste
602     received and the fees that the owner or operator is required to pay.
603          (8) In setting the fee schedule described in Subsection (6)(a), the department shall
604     ensure that a party is not charged multiple fees for the same solid waste, except the department
605     may charge a separate fee for a transfer station.
606          [(7)] (9) The department shall:
607          (a) deposit all fees received under this section into the Environmental Quality Restricted
608     Account created in Section 19-1-108; and
609          (b) in preparing its budget for the governor and the Legislature, separately indicate the
610     amount of the department's budget necessary to administer the solid and hazardous waste
611     program established by this part.
612          [(8)] (10) The department may contract or agree with a county to assist in performing
613     nonhazardous solid waste management activities, including agreements for:
614          (a) the development of a solid waste management plan required under Section
615     17-15-23; and
616          (b) pass-through of available funding.
617          [(9)] (11) This section does not exempt any facility from applicable regulation under the

618     Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
619          (12) The department shall report to the Natural Resources, Agriculture, and
620     Environment Interim Committee by November 30, 2017, on the fee schedule described in
621     Subsection (6)(a).
622          Section 6. Section 19-6-502 is amended to read:
623          19-6-502. Definitions.
624          As used in this part:
625          (1) "Governing body" means the governing board, commission, or council of a public
626     entity.
627          (2) "Jurisdiction" means the area within the incorporated limits of:
628          (a) a municipality;
629          (b) a special service district;
630          (c) a municipal-type service district;
631          (d) a service area; or
632          (e) the territorial area of a county not lying within a municipality.
633          (3) "Long-term agreement" means an agreement or contract having a term of more than
634     five years but less than 50 years.
635          (4) "Municipal residential waste" means solid waste that is:
636          (a) discarded or rejected at a residence within the public entity's jurisdiction; and
637          (b) collected at or near the residence by:
638          (i) a public entity; or
639          (ii) a person with whom the public entity has as an agreement to provide solid waste
640     management.
641          (5) "Public entity" means:
642          (a) a county;
643          (b) a municipality;
644          (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
645          (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or

646          (e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type
647     Services to Unincorporated Areas.
648          (6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
649     imposes a legal duty on a person.
650          (7) "Residence" means an improvement to real property used or occupied as a primary
651     or secondary detached single-family dwelling.
652          (8) "Resource recovery" means the separation, extraction, recycling, or recovery of
653     usable material, energy, fuel, or heat from solid waste and the disposition of it.
654          (9) "Short-term agreement" means a contract or agreement having a term of five years
655     or less.
656          (10) (a) "Solid waste" means a putrescible or nonputrescible material or substance
657     discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the
658     time of discard or rejection, including:
659          (i) garbage;
660          (ii) refuse;
661          (iii) industrial and commercial waste;
662          (iv) sludge from an air or water control facility;
663          (v) rubbish;
664          (vi) ash;
665          (vii) contained gaseous material;
666          (viii) incinerator residue;
667          (ix) demolition and construction debris;
668          (x) a discarded automobile; and
669          (xi) offal.
670          (b) "Solid waste" does not include sewage or another highly diluted water carried
671     material or substance and those in gaseous form.
672          (11) "Solid waste management" means the purposeful and systematic collection,
673     transportation, storage, processing, recovery, or disposal of solid waste.

674          (12) (a) "Solid waste management facility" means a facility employed for solid waste
675     management, including:
676          (i) a transfer station;
677          (ii) a transport system;
678          (iii) a baling facility;
679          (iv) a landfill; and
680          (v) a processing system, including:
681          (A) a resource recovery facility;
682          (B) a facility for reducing solid waste volume;
683          (C) a plant or facility for compacting, or composting, [or pyrolization] of solid waste;
684          (D) an incinerator;
685          (E) a solid waste disposal, reduction, pyrolization, or conversion facility;
686          (F) a facility for resource recovery of energy consisting of:
687          (I) a facility for the production, transmission, distribution, and sale of heat and steam;
688          (II) a facility for the generation and sale of electric energy to a public utility,
689     municipality, or other public entity that owns and operates an electric power system on March
690     15, 1982; and
691          (III) a facility for the generation, sale, and transmission of electric energy on an
692     emergency basis only to a military installation of the United States; and
693          (G) an auxiliary energy facility that is connected to a facility for resource recovery of
694     energy as described in Subsection (12)(a)(v)(F), that:
695          (I) is fueled by natural gas, landfill gas, or both;
696          (II) consists of a facility for the production, transmission, distribution, and sale of
697     supplemental heat and steam to meet all or a portion of the heat and steam requirements of a
698     military installation of the United States; and
699          (III) consists of a facility for the generation, transmission, distribution, and sale of
700     electric energy to a public utility, a municipality described in Subsection (12)(a)(v)(F)(II), or a
701     political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.

702          (b) "Solid waste management facility" does not mean a facility that:
703          (i) accepts and processes metal, as defined in Subsection 19-6-102(19)(b), by
704     separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a
705     principle commodity grade product of prepared scrap metal for sale or use for remelting
706     purposes provided that any byproduct or residual that would qualify as solid waste is managed
707     at a solid waste management facility; or
708          (ii) accepts and processes paper, plastic, rubber, glass, or textiles that:
709          (A) have been source-separated or otherwise diverted from the solid waste stream
710     before acceptance at the facility and that are not otherwise hazardous waste or subject to
711     conditions of federal hazardous waste regulations; and
712          (B) are reused or recycled as a valuable commercial commodity by separating, shearing,
713     sorting, shredding, compacting, baling, cutting, or sizing to produce a principle commodity
714     grade product, provided that any byproduct or residual that would qualify as solid waste is
715     managed at a solid waste management facility.