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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, or
43 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"
49 does 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
52 requirements; 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
61 hazardous 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
86 individual 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
112 waste treatment plant, water supply treatment plant, or air pollution control facility, or other
113 discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
114 from industrial, commercial, mining, or agricultural operations and from community activities
115 but does not include solid or dissolved materials in domestic sewage or in irrigation return
116 flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
117 Act, or under 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
119 a 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
124 minerals;
125 (iv) cement kiln dust; or
126 (v) metal that is:
127 (A) purchased as a valuable commercial commodity; and
128 (B) not otherwise hazardous waste or subject to conditions of the federal hazardous
129 waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6.
130 (20) "Solid waste management facility" means the same as that term is defined in
131 Section 19-6-502.
132 (21) "Storage" means the actual or intended containment of solid or hazardous waste
133 either on a temporary basis or for a period of years in such a manner as not to constitute
134 disposal of the waste.
135 (22) (a) "Transfer" means the collection of nonhazardous solid waste from a
136 permanent, fixed, supplemental collection facility for movement to a vehicle for movement to
137 an offsite nonhazardous solid waste storage or disposal facility.
138 (b) "Transfer" does not mean:
139 (i) the act of moving nonhazardous solid waste from one location to another location
140 on the site where the nonhazardous solid waste is generated; or
141 (ii) placement of nonhazardous solid waste on the site where the nonhazardous solid
142 waste is generated in preparation for movement off that site.
143 [
144 to any intermediate point or to any point of storage, treatment, or disposal.
145 [
146 physical, chemical, or biological character or composition of any solid or hazardous waste so as
147 to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
148 recovery, amenable to storage, or reduced in volume.
149 [
150 I of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
151 Section 2. Section 19-6-105 is amended to read:
152 19-6-105. Rules of board.
153 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
154 Administrative Rulemaking Act:
155 (a) establishing minimum standards for protection of human health and the
156 environment, for the storage, collection, transport, transfer, recovery, treatment, and disposal of
157 solid waste, including requirements for the approval by the director of plans for the
158 construction, extension, operation, and closure of solid waste disposal sites;
159 (b) identifying wastes which are determined to be hazardous, including wastes
160 designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
161 1976, 42 U.S.C., Sec. 6921, et seq.;
162 (c) governing generators and transporters of hazardous wastes and owners and
163 operators of hazardous waste treatment, storage, and disposal facilities, including requirements
164 for keeping records, monitoring, submitting reports, and using a manifest, without treating
165 high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
166 muds, and oil production brines in a manner more stringent than they are treated under federal
167 standards;
168 (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
169 subject to a plan approval under Section 19-6-108 or which received waste after July 26, 1982,
170 to take appropriate corrective action or other response measures for releases of hazardous waste
171 or hazardous waste constituents from the facility, including releases beyond the boundaries of
172 the facility;
173 (e) specifying the terms and conditions under which the director shall approve,
174 disapprove, revoke, or review hazardous wastes operation plans;
175 (f) governing public hearings and participation under this part;
176 (g) establishing standards governing underground storage tanks, in accordance with
177 Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
178 (h) relating to the collection, transportation, processing, treatment, storage, and
179 disposal of infectious waste in health facilities in accordance with the requirements of Section
180 19-6-106;
181 (i) defining closure plans as major or minor;
182 (j) defining modification plans as major or minor; and
183 (k) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
184 organic waste substance of any kind to be thrown, or remain upon or in any street, road, ditch,
185 canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or
186 well.
187 (2) If any of the following are determined to be hazardous waste and are therefore
188 subjected to the provisions of this part, the board shall, in the case of landfills or surface
189 impoundments that receive the solid wastes, take into account the special characteristics of the
190 wastes, the practical difficulties associated with applying requirements for other wastes to the
191 wastes, and site specific characteristics, including the climate, geology, hydrology, and soil
192 chemistry at the site, if the modified requirements assure protection of human health and the
193 environment and are no more stringent than federal standards applicable to wastes:
194 (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
195 including phosphate rock and overburden from the mining of uranium;
196 (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
197 generated primarily from the combustion of coal or other fossil fuels; and
198 (c) cement kiln dust waste.
199 (3) The board shall establish criteria for siting commercial hazardous waste treatment,
200 storage, and disposal facilities, including commercial hazardous waste incinerators. Those
201 criteria shall apply to any facility or incinerator for which plan approval is required under
202 Section 19-6-108.
203 Section 3. Section 19-6-108 is amended to read:
204 19-6-108. New nonhazardous solid or hazardous waste operation plans for
205 facility or site -- Administrative and legislative approval required -- Exemptions from
206 legislative and gubernatorial approval -- Time periods for review -- Information required
207 -- Other conditions -- Revocation of approval -- Periodic review.
208 (1) For purposes of this section, the following items shall be treated as submission of a
209 new operation plan:
210 (a) the submission of a revised operation plan specifying a different geographic site
211 than a previously submitted plan;
212 (b) an application for modification of a commercial hazardous waste incinerator if the
213 construction or the modification would increase the hazardous waste incinerator capacity above
214 the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
215 the operation plan application as of January 1, 1990, if no operation plan approval has been
216 issued as of January 1, 1990;
217 (c) an application for modification of a commercial nonhazardous solid waste
218 incinerator if the construction of the modification would cost 50% or more of the cost of
219 construction of the original incinerator or the modification would result in an increase in the
220 capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
221 or throughput that was approved in the operation plan as of January 1, 1990, or the initial
222 approved operation plan if the initial approval is subsequent to January 1, 1990;
223 (d) an application for modification of a commercial nonhazardous solid or hazardous
224 waste treatment, storage, or disposal facility, other than an incinerator, if the modification
225 would be outside the boundaries of the property owned or controlled by the applicant, as shown
226 in the application or approved operation plan as of January 1, 1990, or the initial approved
227 operation plan if the initial approval is subsequent to January 1, 1990; or
228 (e) a submission of an operation plan to construct a facility, if previous approvals of the
229 operation plan to construct the facility have been revoked pursuant to Subsection (3)(c)(iii).
230 (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
231 tonnage specified for the trial burn in the operation plan or the operation plan application if no
232 operation plan approval has been issued as of January 1, 1990, and on annual operations of
233 7,000 hours.
234 (3) (a) (i) No person may own, construct, modify, or operate any facility or site for the
235 purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing,
236 or disposing of hazardous waste without first submitting and receiving the approval of the
237 director for an operation plan for that facility or site.
238 (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
239 operation plan may submit to the director information, a report, a plan, or other request for
240 approval for a proposed activity under an operation plan:
241 (I) after obtaining the consent of any other permittee who is a current owner of the
242 facility or site; and
243 (II) without obtaining the consent of any other permittee who is not a current owner of
244 the facility or site.
245 (B) The director may not:
246 (I) withhold an approval of an operation plan requested by a permittee who is a current
247 owner of the facility or site on the grounds that another permittee who is not a current owner of
248 the facility or site has not consented to the request; or
249 (II) give an approval of an operation plan requested by a permittee who is not a current
250 owner before receiving consent of the current owner of the facility or site.
251 (b) (i) Except for facilities that receive the following wastes solely for the purpose of
252 recycling, reuse, or reprocessing, no person may own, construct, modify, or operate any
253 commercial facility that accepts for treatment or disposal, with the intent to make a profit, any
254 of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving
255 the approval of the director for an operation plan for that facility site.
256 (ii) Wastes referred to in Subsection (3)(b)(i) are:
257 (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
258 generated primarily from the combustion of coal or other fossil fuels;
259 (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
260 (C) cement kiln dust wastes.
261 (c) (i) No person may construct a facility listed under Subsection (3)(c)(ii) until the
262 person receives:
263 (A) local government approval and the approval described in Subsection (3)(a);
264 (B) approval from the Legislature; and
265 (C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B),
266 approval from the governor.
267 (ii) A facility referred to in Subsection (3)(c)(i) is:
268 (A) a commercial nonhazardous solid waste disposal facility;
269 (B) except for facilities that receive the following wastes solely for the purpose of
270 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
271 with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
272 emission control waste generated primarily from the combustion of coal or other fossil fuels;
273 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
274 dust wastes; or
275 (C) a commercial hazardous waste treatment, storage, or disposal facility.
276 (iii) The required approvals described in Subsection (3)(c)(i) for a facility described in
277 Subsection (3)(c)(ii)(A) or (B) are automatically revoked if:
278 (A) the governor's approval is received on or after May 10, 2011, and the facility is not
279 operational within five years after the day on which the governor's approval is received; or
280 (B) the governor's approval is received before May 10, 2011, and the facility is not
281 operational on or before May 10, 2016.
282 (iv) The required approvals described in Subsection (3)(c)(i) for a facility described in
283 Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not transferrable to
284 another person for five years after the day on which the governor's approval is received.
285 (d) No person need obtain gubernatorial or legislative approval for the construction of
286 a hazardous waste facility for which an operating plan has been approved by or submitted for
287 approval to the executive secretary of the board under this section before April 24, 1989, and
288 which has been determined, on or before December 31, 1990, by the executive secretary of the
289 board to be complete, in accordance with state and federal requirements for operating plans for
290 hazardous waste facilities even if a different geographic site is subsequently submitted.
291 (e) No person need obtain gubernatorial and legislative approval for the construction of
292 a commercial nonhazardous solid waste disposal facility for which an operation plan has been
293 approved by or submitted for approval to the executive secretary of the board under this section
294 on or before January 1, 1990, and which, on or before December 31, 1990, the executive
295 secretary of the board determines to be complete, in accordance with state and federal
296 requirements applicable to operation plans for nonhazardous solid waste facilities.
297 (f) Any person owning or operating a facility or site on or before November 19, 1980,
298 who has given timely notification as required by Section 3010 of the Resource Conservation
299 and Recovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposed
300 hazardous waste plan under this section for that facility or site, may continue to operate that
301 facility or site without violating this section until the plan is approved or disapproved under
302 this section.
303 (g) (i) The director shall suspend acceptance of further applications for a commercial
304 nonhazardous solid or hazardous waste facility upon a finding that the director cannot
305 adequately oversee existing and additional facilities for permit compliance, monitoring, and
306 enforcement.
307 (ii) The director shall report any suspension to the Natural Resources, Agriculture, and
308 Environment Interim Committee.
309 (4) The director shall review each proposed nonhazardous solid or hazardous waste
310 operation plan to determine whether that plan complies with the provisions of this part and the
311 applicable rules of the board.
312 (5) (a) If the facility is a class I or class II facility, the director shall approve or
313 disapprove that plan within 270 days from the date it is submitted.
314 (b) Within 60 days after receipt of the plans, specifications, or other information
315 required by this section for a class I or II facility, the director shall determine whether the plan
316 is complete and contains all information necessary to process the plan for approval.
317 (c) (i) If the plan for a class I or II facility is determined to be complete, the director
318 shall issue a notice of completeness.
319 (ii) If the plan is determined by the director to be incomplete, the director shall issue a
320 notice of deficiency, listing the additional information to be provided by the owner or operator
321 to complete the plan.
322 (d) The director shall review information submitted in response to a notice of
323 deficiency within 30 days after receipt.
324 (e) The following time periods may not be included in the 270 day plan review period
325 for a class I or II facility:
326 (i) time awaiting response from the owner or operator to requests for information
327 issued by the director;
328 (ii) time required for public participation and hearings for issuance of plan approvals;
329 and
330 (iii) time for review of the permit by other federal or state government agencies.
331 (6) (a) If the facility is a class III or class IV facility, the director shall approve or
332 disapprove that plan within 365 days from the date it is submitted.
333 (b) The following time periods may not be included in the 365 day review period:
334 (i) time awaiting response from the owner or operator to requests for information
335 issued by the director;
336 (ii) time required for public participation and hearings for issuance of plan approvals;
337 and
338 (iii) time for review of the permit by other federal or state government agencies.
339 (7) If, within 365 days after receipt of a modification plan or closure plan for any
340 facility, the director determines that the proposed plan, or any part of it, will not comply with
341 applicable rules, the director shall issue an order prohibiting any action under the proposed plan
342 for modification or closure in whole or in part.
343 (8) Any person who owns or operates a facility or site required to have an approved
344 hazardous waste operation plan under this section and who has pending a permit application
345 before the United States Environmental Protection Agency shall be treated as having an
346 approved plan until final administrative disposition of the permit application is made under this
347 section, unless the director determines that final administrative disposition of the application
348 has not been made because of the failure of the owner or operator to furnish any information
349 requested, or the facility's interim status has terminated under Section 3005 (e) of the Resource
350 Conservation and Recovery Act, 42 U.S.C. Section 6925 (e).
351 (9) The director may not approve a proposed nonhazardous solid or hazardous waste
352 operation plan unless the plan contains the information that the board requires, including:
353 (a) estimates of the composition, quantities, and concentrations of any hazardous waste
354 identified under this part and the proposed treatment, storage, or disposal of it;
355 (b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or
356 treatment, storage, or disposal of hazardous waste will not be done in a manner that may cause
357 or significantly contribute to an increase in mortality, an increase in serious irreversible or
358 incapacitating reversible illness, or pose a substantial present or potential hazard to human
359 health or the environment;
360 (c) consistent with the degree and duration of risks associated with the transfer,
361 treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of
362 specified hazardous waste, evidence of financial responsibility in whatever form and amount
363 that the director determines is necessary to insure continuity of operation and that upon
364 abandonment, cessation, or interruption of the operation of the facility or site, all reasonable
365 measures consistent with the available knowledge will be taken to insure that the waste
366 subsequent to being treated, stored, or disposed of at the site or facility will not present a
367 hazard to the public or the environment;
368 (d) evidence that the personnel employed at the facility or site have education and
369 training for the safe and adequate handling of nonhazardous solid or hazardous waste;
370 (e) plans, specifications, and other information that the director considers relevant to
371 determine whether the proposed nonhazardous solid or hazardous waste operation plan will
372 comply with this part and the rules of the board;
373 (f) compliance schedules, where applicable, including schedules for corrective action
374 or other response measures for releases from any solid waste management unit at the facility,
375 regardless of the time the waste was placed in the unit;
376 (g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or
377 hazardous waste facility other than a water treatment facility that treats, stores, or disposes
378 site-generated solid or hazardous waste onsite, a traffic impact study that:
379 (i) takes into consideration the safety, operation, and condition of roadways serving the
380 proposed facility; and
381 (ii) is reviewed and approved by the Department of Transportation or a local highway
382 authority, whichever has jurisdiction over each road serving the proposed facility, with the cost
383 of the review paid by the person who submits the proposed operation plan; and
384 (h) for a proposed operation plan submitted on or after July 1, 2013, for a new
385 nonhazardous solid waste facility owned or operated by a local government, financial
386 information that discloses all costs of establishing and operating the facility, including:
387 (i) land acquisition and leasing;
388 (ii) construction;
389 (iii) estimated annual operation;
390 (iv) equipment;
391 (v) ancillary structures;
392 (vi) roads;
393 (vii) transfer stations; and
394 (viii) using other operations that are not contiguous to the proposed facility but are
395 necessary to support the facility's construction and operation.
396 (10) The director may not approve a commercial nonhazardous solid or hazardous
397 waste operation plan that meets the requirements of Subsection (9) unless it contains the
398 information required by the board, including:
399 (a) evidence that the proposed commercial facility has a proven market of
400 nonhazardous solid or hazardous waste, including:
401 (i) information on the source, quantity, and price charged for treating, storing, and
402 disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
403 (ii) a market analysis of the need for a commercial facility given existing and potential
404 generation of nonhazardous solid or hazardous waste in the state and regionally; and
405 (iii) a review of other existing and proposed commercial nonhazardous solid or
406 hazardous waste facilities regionally and nationally that would compete for the treatment,
407 storage, or disposal of the nonhazardous solid or hazardous waste;
408 (b) a description of the public benefits of the proposed facility, including:
409 (i) the need in the state for the additional capacity for the management of nonhazardous
410 solid or hazardous waste;
411 (ii) the energy and resources recoverable by the proposed facility;
412 (iii) the reduction of nonhazardous solid or hazardous waste management methods,
413 which are less suitable for the environment, that would be made possible by the proposed
414 facility; and
415 (iv) whether any other available site or method for the management of hazardous waste
416 would be less detrimental to the public health or safety or to the quality of the environment;
417 and
418 (c) compliance history of an owner or operator of a proposed commercial
419 nonhazardous solid or hazardous waste treatment, storage, or disposal facility, which may be
420 applied by the director in a nonhazardous solid or hazardous waste operation plan decision,
421 including any plan conditions.
422 (11) The director may not approve a commercial nonhazardous solid or hazardous
423 waste facility operation plan unless based on the application, and in addition to the
424 determination required in Subsections (9) and (10), the director determines that:
425 (a) the probable beneficial environmental effect of the facility to the state outweighs
426 the probable adverse environmental effect; and
427 (b) there is a need for the facility to serve industry within the state.
428 (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
429 revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
430 comply with that plan.
431 (13) The director shall review all approved nonhazardous solid and hazardous waste
432 operation plans at least once every five years.
433 (14) The provisions of Subsections (10) and (11) do not apply to hazardous waste
434 facilities in existence or to applications filed or pending in the department prior to April 24,
435 1989, that are determined by the executive secretary of the board on or before December 31,
436 1990, to be complete, in accordance with state and federal requirements applicable to operation
437 plans for hazardous waste facilities.
438 (15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardous
439 solid waste facility in existence or to an application filed or pending in the department prior to
440 January 1, 1990, that is determined by the director, on or before December 31, 1990, to be
441 complete in accordance with state and federal requirements applicable to operation plans for
442 nonhazardous solid waste facilities.
443 (16) Nonhazardous solid waste generated outside of this state that is defined as
444 hazardous waste in the state where it is generated and which is received for disposal in this
445 state may not be disposed of at a nonhazardous waste disposal facility owned and operated by
446 local government or a facility under contract with a local government solely for disposal of
447 nonhazardous solid waste generated within the boundaries of the local government, unless
448 disposal is approved by the director.
449 (17) This section may not be construed to exempt any facility from applicable
450 regulation under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through
451 2114.
452 Section 4. Section 19-6-108.5 is amended to read:
453 19-6-108.5. Management of hazardous waste generated outside Utah.
454 [
455 treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste [
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462 waste, regardless of how it is classified by the state of origin.
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466 [
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474 Section 5. Section 19-6-119 is amended to read:
475 19-6-119. Nonhazardous solid waste disposal fees.
476 (1) (a) [
477 [
478 incinerator shall pay the following fees for waste received for treatment or disposal at the
479 facility if the facility or incinerator is required to have operation plan approval under Section
480 19-6-108 and primarily receives waste generated by off-site sources not owned, controlled, or
481 operated by the facility or site owner or operator:
482 (i) 13 cents per ton on all municipal waste and municipal incinerator ash;
483 (ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
484 the following wastes in a cell exclusively designated for the waste being disposed:
485 (A) construction waste or demolition waste;
486 (B) yard waste, including vegetative matter resulting from landscaping, land
487 maintenance, and land clearing operations;
488 (C) dead animals;
489 (D) waste tires and materials derived from waste tires disposed of in accordance with
490 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
491 (E) petroleum contaminated soils that are approved by the director; and
492 (iii) $2.50 per ton on:
493 (A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
494 (B) (I) fly ash waste;
495 (II) bottom ash waste;
496 (III) slag waste;
497 (IV) flue gas emission control waste generated primarily from the combustion of coal
498 or other fossil fuels;
499 (V) waste from the extraction, beneficiation, and processing of ores and minerals; and
500 (VI) cement kiln dust wastes.
501 (b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
502 the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii)
503 for those wastes described in Subsections (1)(a)(i) and (ii).
504 (c) The owner or operator of a facility described in Subsection 19-6-102(3)(b)(iii) shall
505 pay a fee of 13 cents per ton on all municipal waste received for disposal at the facility.
506 (2) (a) [
507 (2)[
508 following annual facility fee to the department by January 15 of each year:
509 (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
510 waste each year;
511 (ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
512 municipal waste each year;
513 (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
514 municipal waste each year;
515 (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
516 municipal waste each year;
517 (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
518 municipal waste each year;
519 (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
520 municipal waste each year; and
521 (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
522 year.
523 (b) The fee identified in Subsection (2)(a) for 2018 shall be paid by January 15, 2019.
524 [
525 [
526 (i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
527 received for disposal if the waste is:
528 (A) generated outside the boundaries of the political subdivision; and
529 (B) received from a single generator and exceeds 500 tons in a calendar year; and
530 (ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
531 (A) generated outside the boundaries of the political subdivision; and
532 (B) received from a single generator and exceeds 500 tons in a calendar year.
533 [
534 (2)[
535 Subsection (2)(a).
536 (3) (a) As used in this Subsection (3):
537 (i) "Recycling center" means a facility that extracts valuable materials from a waste
538 stream or transforms or remanufactures the material into a usable form that has demonstrated
539 or potential market value.
540 (ii) "Transfer station" means a permanent, fixed, supplemental collection and
541 transportation facility that is used to deposit collected solid waste from off-site into a transfer
542 vehicle for transport to a solid waste handling or disposal facility.
543 (b) [
544 (4), the owner or operator of a transfer station or recycling center shall pay to the department
545 the following fees on waste sent for disposal to a nonhazardous solid waste disposal or
546 treatment facility that is not subject to a fee under this section:
547 (i) $1.25 per ton on:
548 (A) all nonhazardous solid waste; and
549 (B) waste described in Subsection (1)(a)(iii)(B);
550 (ii) 10 cents per ton on all construction and demolition waste; and
551 (iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
552 (c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
553 required under Subsection (3)(b)(i).
554 [
555
556
557
558 [
559 solid waste described in Subsection (1)(a)(iii)(B) is not required to pay any fee on those
560 nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
561 reprocessing.
562 [
563 (2)(a), a facility required to pay fees under this section shall:
564 (a) calculate the fees by multiplying the total tonnage of nonhazardous solid waste
565 received during the calendar month, computed to the first decimal place, by the required fee
566 rate;
567 (b) pay the fees imposed by this section to the department by the 15th day of the month
568 following the month in which the fees accrued; and
569 (c) with the fees required under Subsection (6)(b), submit to the department, on a form
570 prescribed by the department, information that verifies the amount of nonhazardous solid waste
571 received and the fees that the owner or operator is required to pay.
572 (6) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, the department
573 shall establish a fee schedule for the treatment, transfer, and disposal of all nonhazardous solid
574 waste.
575 (b) The department shall, before establishing the fee schedule described in Subsection
576 (6)(a), consult with industry and local government and complete a review of program costs and
577 indirect costs of regulating nonhazardous solid waste in the state and use the findings of the
578 review to create the fee schedule.
579 (c) The fee schedule described in Subsection (6)(a) shall:
580 (i) create an equitable and fair fee to be paid by all persons whose treatment, transfer,
581 or disposal of nonhazardous solid waste creates a regulatory burden to the department, except
582 as provided in Subsection (6)(d);
583 (ii) cover the fully burdened costs of the program and provide for reasonable and
584 timely oversight by the department;
585 (iii) adequately meet the needs of industry, local government, and the department,
586 including enabling the department to employ qualified personnel to appropriately oversee
587 industry and local government regulation;
588 (iv) provide stable funding for the Environmental Quality Restricted Account created
589 in Section 19-1-108; and
590 (v) give consideration to a fee differential regarding solid waste managed at a transfer
591 facility, no greater than 50 percent of the fee set for the treatment or disposal of the same solid
592 waste.
593 (d) Any person who treats, transfers, stores, or disposes of solid waste from the
594 extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or
595 operated by that person may not be charged a fee under this section for the treatment, transfer,
596 storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores
597 and minerals that are generated:
598 (i) on-site by the person; or
599 (ii) by off-site sources owned, controlled, or operated by the person.
600 (e) The fees in the fee schedule established by Subsection (6)(a) shall take effect on
601 January 1, 2019.
602 (7) On and after January 1, 2019, a facility required to pay fees under this section shall:
603 (a) pay the fees imposed by this section to the department by the 15th day of the month
604 following the quarter in which the fees accrued; and
605 (b) with the fees required under Subsection (7)(a), submit to the department, on a form
606 prescribed by the department, information that verifies the amount of nonhazardous solid waste
607 received and the fees that the owner or operator is required to pay.
608 (8) In setting the fee schedule described in Subsection (6)(a), the department shall
609 ensure that a party is not charged multiple fees for the same solid waste, except the department
610 may charge a separate fee for a transfer station.
611 [
612 (a) deposit all fees received under this section into the Environmental Quality
613 Restricted Account created in Section 19-1-108; and
614 (b) in preparing its budget for the governor and the Legislature, separately indicate the
615 amount of the department's budget necessary to administer the solid and hazardous waste
616 program established by this part.
617 [
618 nonhazardous solid waste management activities, including agreements for:
619 (a) the development of a solid waste management plan required under Section
620 17-15-23; and
621 (b) pass-through of available funding.
622 [
623 the Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
624 (12) The department shall report to the Natural Resources, Agriculture, and
625 Environment Interim Committee by November 30, 2017, on the fee schedule described in
626 Subsection (6)(a).
627 Section 6. Section 19-6-502 is amended to read:
628 19-6-502. Definitions.
629 As used in this part:
630 (1) "Governing body" means the governing board, commission, or council of a public
631 entity.
632 (2) "Jurisdiction" means the area within the incorporated limits of:
633 (a) a municipality;
634 (b) a special service district;
635 (c) a municipal-type service district;
636 (d) a service area; or
637 (e) the territorial area of a county not lying within a municipality.
638 (3) "Long-term agreement" means an agreement or contract having a term of more than
639 five years but less than 50 years.
640 (4) "Municipal residential waste" means solid waste that is:
641 (a) discarded or rejected at a residence within the public entity's jurisdiction; and
642 (b) collected at or near the residence by:
643 (i) a public entity; or
644 (ii) a person with whom the public entity has as an agreement to provide solid waste
645 management.
646 (5) "Public entity" means:
647 (a) a county;
648 (b) a municipality;
649 (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
650 (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
651 (e) a municipal-type service district created under Title 17, Chapter 34,
652 Municipal-Type Services to Unincorporated Areas.
653 (6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
654 imposes a legal duty on a person.
655 (7) "Residence" means an improvement to real property used or occupied as a primary
656 or secondary detached single-family dwelling.
657 (8) "Resource recovery" means the separation, extraction, recycling, or recovery of
658 usable material, energy, fuel, or heat from solid waste and the disposition of it.
659 (9) "Short-term agreement" means a contract or agreement having a term of five years
660 or less.
661 (10) (a) "Solid waste" means a putrescible or nonputrescible material or substance
662 discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the
663 time of discard or rejection, including:
664 (i) garbage;
665 (ii) refuse;
666 (iii) industrial and commercial waste;
667 (iv) sludge from an air or water control facility;
668 (v) rubbish;
669 (vi) ash;
670 (vii) contained gaseous material;
671 (viii) incinerator residue;
672 (ix) demolition and construction debris;
673 (x) a discarded automobile; and
674 (xi) offal.
675 (b) "Solid waste" does not include sewage or another highly diluted water carried
676 material or substance and those in gaseous form.
677 (11) "Solid waste management" means the purposeful and systematic collection,
678 transportation, storage, processing, recovery, or disposal of solid waste.
679 (12) (a) "Solid waste management facility" means a facility employed for solid waste
680 management, including:
681 (i) a transfer station;
682 (ii) a transport system;
683 (iii) a baling facility;
684 (iv) a landfill; and
685 (v) a processing system, including:
686 (A) a resource recovery facility;
687 (B) a facility for reducing solid waste volume;
688 (C) a plant or facility for compacting, or composting, [
689 (D) an incinerator;
690 (E) a solid waste disposal, reduction, pyrolization, or conversion facility;
691 (F) a facility for resource recovery of energy consisting of:
692 (I) a facility for the production, transmission, distribution, and sale of heat and steam;
693 (II) a facility for the generation and sale of electric energy to a public utility,
694 municipality, or other public entity that owns and operates an electric power system on March
695 15, 1982; and
696 (III) a facility for the generation, sale, and transmission of electric energy on an
697 emergency basis only to a military installation of the United States; and
698 (G) an auxiliary energy facility that is connected to a facility for resource recovery of
699 energy as described in Subsection (12)(a)(v)(F), that:
700 (I) is fueled by natural gas, landfill gas, or both;
701 (II) consists of a facility for the production, transmission, distribution, and sale of
702 supplemental heat and steam to meet all or a portion of the heat and steam requirements of a
703 military installation of the United States; and
704 (III) consists of a facility for the generation, transmission, distribution, and sale of
705 electric energy to a public utility, a municipality described in Subsection (12)(a)(v)(F)(II), or a
706 political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.
707 (b) "Solid waste management facility" does not mean a facility that:
708 (i) accepts and processes metal, as defined in Subsection 19-6-102(19)(b), by
709 separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a
710 principle commodity grade product of prepared scrap metal for sale or use for remelting
711 purposes provided that any byproduct or residual that would qualify as solid waste is managed
712 at a solid waste management facility; or
713 (ii) accepts and processes paper, plastic, rubber, glass, or textiles that:
714 (A) have been source-separated or otherwise diverted from the solid waste stream
715 before acceptance at the facility and that are not otherwise hazardous waste or subject to
716 conditions of federal hazardous waste regulations; and
717 (B) are reused or recycled as a valuable commercial commodity by separating,
718 shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle
719 commodity grade product, provided that any byproduct or residual that would qualify as solid
720 waste is managed at a solid waste management facility.