7 LONG TITLE
8 General Description:
9 This bill deals with fees set by the Division of Waste Management and Radiation
11 Highlighted Provisions:
12 This bill:
13 ▸ creates the Division of Waste Management and Radiation Control Expendable
13a Ĥ→ Special ←Ĥ
14 Revenue Fund and describes the uses of the fund;
15 ▸ requires the Division of Waste Management and Radiation Control to upgrade
17 ▸ states that the annual fee schedule set by the Division of Waste Management and
18 Radiation Control shall be equitable and fair, though not necessarily equal or
20 ▸ provides criteria in setting the annual fee schedule;
21 ▸ authorizes a landfill to conduct a self-inspection with reporting to the Division of
22 Waste Management and Radiation Control;
23 ▸ provides a repeal date; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
31 19-1-108, as last amended by Laws of Utah 2013, Chapter 330
32 19-6-109, as last amended by Laws of Utah 2012, Chapter 360
33 19-6-119, as last amended by Laws of Utah 2017, Chapter 281
34 19-6-307, as last amended by Laws of Utah 2013, Chapter 400
35 63I-2-219, as last amended by Laws of Utah 2016, Chapter 369
37 19-6-126, Utah Code Annotated 1953
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 19-1-108 is amended to read:
41 19-1-108. Creation of Environmental Quality Restricted Account -- Purpose of
42 restricted account -- Sources of funds -- Uses of funds.
43 (1) There is created the Environmental Quality Restricted Account.
44 (2) The sources of money for the restricted account are:
45 (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4
46 and other fees collected under Subsection 19-3-104(5);
47 (b) hazardous waste disposal fees collected under Section 19-6-118;
48 (c) PCB waste disposal fees collected under Section 19-6-118.5;
49 (d) nonhazardous solid waste disposal fees collected under Section 19-6-119; and
50 (e) the investment income derived from money in the Environmental Quality
51 Restricted Account.
52 (3) In each fiscal year[
53 (a) the first [
54 Subsection (2), collectively, shall be deposited in the [
55a Revenue Fund
56 created in Section 19-6-126; and
57 (b) the balance of the money collected from the waste disposal fees listed in Subsection
58 (2), collectively, shall be deposited in the Environmental Quality Restricted Account.
59 (4) The Legislature may annually appropriate money from the Environmental Quality
60 Restricted Account to the department for the costs of administering:
61 (a) [
62 (b) [
66 (5) Each year beginning July 1, 2018, and ending on June 30, 2022, the Division of
67 Finance shall transfer $200,000 from the Environmental Quality Restricted Account to the
68 Ĥ→ [
70 Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.
71 as amended; and
74 restricted account described in Subsection (2)(a) may only be used for the purpose described in
75 Subsection (4)(a).
81 (7) In order to stabilize funding for the radiation control program and the solid and
82 hazardous waste program, the Legislature shall in years of excess revenues reserve in the
83 Environmental Quality Restricted Account sufficient money to meet departmental needs in
84 years of projected shortages.
85 (8) The Legislature may not appropriate money from the General Fund to the
86 department as a supplemental appropriation to cover the costs of the radiation control program
87 and the solid and hazardous waste program in an amount exceeding 25% of the amount of
88 waste disposal fees collected during the most recent prior fiscal year.
89 (9) Money appropriated under this part that is not expended at the end of the fiscal year
90 lapses into the Environmental Quality Restricted Account.
91 (10) (a) The balance in the Environmental Quality Restricted Account may not exceed
92 $4,000,000 above the anticipated revenue need for the money in the restricted account for the
93 fiscal year.
94 (b) Excess funds under Subsection (10)(a) shall be credited on a proportionate basis to
95 each person who paid money to the fund in the previous fiscal year.
96 Section 2. Section 19-6-109 is amended to read:
97 19-6-109. Inspections authorized -- Fines for a self-inspected facility.
99 any reasonable time and upon presentation of appropriate credentials, enter upon and inspect
100 any property, premise, or place on or at which solid or hazardous wastes are generated,
101 transported, stored, treated, or disposed of, and have access to and the right to copy any records
102 relating to the wastes, for the purpose of ascertaining compliance with this part and the rules of
103 the board. [
104 (2) An inspector may also inspect any waste and obtain waste samples, including
105 samples from any vehicle in which wastes are being transported or samples of any containers or
107 (3) Any person obtaining samples shall give to the owner, operator, or agent a receipt
108 describing the sample obtained and, if requested, a portion of each sample of waste equal in
109 volume or weight to the portion retained.
110 (4) If any analysis is made of those samples, a copy of the results of that analysis shall
111 be furnished promptly to the owner, operator, or agent in charge.
112 (5) (a) Notwithstanding any other provision of this section, by January 1, 2019, the
113 division shall ensure that an owner or operator of a solid waste management facility may elect
114 to self-inspect the solid waste management facility.
115 (b) (i) The division shall create a training program to teach the owner or operator of a
116 solid waste management facility how to self-inspect the owner or operator's solid waste
117 management facility.
118 (ii) The training described in Subsection (5)(b)(i) shall be no longer than five hours
120 (c) An owner or operator that elects to self-inspect a solid waste management facility
121 under Subsection (5)(a) shall:
122 (i) provide all information to the division that is required by this chapter and any rules
123 issued by the board; and
124 (ii) conduct the self-inspection annually and send a Ĥ→ [
124a report Ĥ→ , certified by an individual who completed the training described in Subsection
124b (5)(b)(i), ←Ĥ to
125 the division upon completion.
126 (d) The division shall ensure that a solid waste management facility is inspected by an
127 authorized division employee:
128 (i) every three to five years, if the solid waste management facility does not elect to
129 self-inspect under Subsection (5)(a);
130 (ii) at least once every five years, regardless of whether the solid waste management
131 facility elects to self-inspect under Subsection (5)(a);
132 (iii) promptly upon receipt of a Ĥ→ [
132a solid waste management
133 facility; and
134 (iv) upon request by the solid waste management facility or upon issuance of a notice
135 of violation.
136 (6) Ĥ→ (a) ←Ĥ The division shall ensure that a fine assessed against a solid
136a waste management
137 facility that elects to self-inspect for a violation of this chapter or a rule made by the board is
138 higher than the fine that would be assessed against a solid waste management facility that does
139 not elect to self-inspect.
139a Ĥ→ (b) The division may determine that, upon a severe violation of this chapter or a rule
139b made by the board by a facility that elects to self-inspect, that a facility is no longer eligible to
139c self-inspect. ←Ĥ
140 Section 3. Section 19-6-119 is amended to read:
141 19-6-119. Nonhazardous solid waste disposal fees.
142 (1) (a) Through December 31, 2018, and except as provided in Subsection (4), the
143 owner or operator of a commercial nonhazardous solid waste disposal facility or incinerator
144 shall pay the following fees for waste received for treatment or disposal at the facility if the
145 facility or incinerator is required to have operation plan approval under Section 19-6-108 and
146 primarily receives waste generated by off-site sources not owned, controlled, or operated by the
147 facility or site owner or operator:
148 (i) 13 cents per ton on all municipal waste and municipal incinerator ash;
149 (ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
150 the following wastes in a cell exclusively designated for the waste being disposed:
151 (A) construction waste or demolition waste;
152 (B) yard waste, including vegetative matter resulting from landscaping, land
153 maintenance, and land clearing operations;
154 (C) dead animals;
155 (D) waste tires and materials derived from waste tires disposed of in accordance with
156 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
157 (E) petroleum contaminated soils that are approved by the director; and
158 (iii) $2.50 per ton on:
159 (A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
160 (B) (I) fly ash waste;
161 (II) bottom ash waste;
162 (III) slag waste;
163 (IV) flue gas emission control waste generated primarily from the combustion of coal
164 or other fossil fuels;
165 (V) waste from the extraction, beneficiation, and processing of ores and minerals; and
166 (VI) cement kiln dust wastes.
167 (b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
168 the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii)
169 for those wastes described in Subsections (1)(a)(i) and (ii).
170 (c) The owner or operator of a facility described in Subsection 19-6-102(3)(b)(iii) shall
171 pay a fee of 13 cents per ton on all municipal waste received for disposal at the facility.
172 (2) (a) Through December 31, 2018, and except as provided in Subsections (2)(c) and
173 (4), a waste facility that is owned by a political subdivision shall pay the following annual
174 facility fee to the department by January 15 of each year:
175 (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
176 waste each year;
177 (ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
178 municipal waste each year;
179 (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
180 municipal waste each year;
181 (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
182 municipal waste each year;
183 (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
184 municipal waste each year;
185 (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
186 municipal waste each year; and
187 (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
189 (b) The fee identified in Subsection (2)(a) for 2018 shall be paid by January 15, 2019.
190 (c) Through December 31, 2018, and except as provided in Subsection (4), a waste
191 facility that is owned by a political subdivision shall pay $2.50 per ton for:
192 (i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
193 received for disposal if the waste is:
194 (A) generated outside the boundaries of the political subdivision; and
195 (B) received from a single generator and exceeds 500 tons in a calendar year; and
196 (ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
197 (A) generated outside the boundaries of the political subdivision; and
198 (B) received from a single generator and exceeds 500 tons in a calendar year.
199 (d) Waste received at a facility owned by a political subdivision under Subsection
200 (2)(c) may not be counted as part of the total tonnage received by the facility under Subsection
202 (3) (a) As used in this Subsection (3):
203 (i) "Recycling center" means a facility that extracts valuable materials from a waste
204 stream or transforms or remanufactures the material into a usable form that has demonstrated
205 or potential market value.
206 (ii) "Transfer station" means a permanent, fixed, supplemental collection and
207 transportation facility that is used to deposit collected solid waste from off-site into a transfer
208 vehicle for transport to a solid waste handling or disposal facility.
209 (b) Through December 31, 2018, and except as provided in Subsection (4), the owner
210 or operator of a transfer station or recycling center shall pay to the department the following
211 fees on waste sent for disposal to a nonhazardous solid waste disposal or treatment facility that
212 is not subject to a fee under this section:
213 (i) $1.25 per ton on:
214 (A) all nonhazardous solid waste; and
215 (B) waste described in Subsection (1)(a)(iii)(B);
216 (ii) 10 cents per ton on all construction and demolition waste; and
217 (iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
218 (c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
219 required under Subsection (3)(b)(i).
220 (4) The owner or operator of a waste disposal facility that receives nonhazardous solid
221 waste described in Subsection (1)(a)(iii)(B) is not required to pay any fee on those
222 nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
224 (5) Through December 31, 2018, and except as provided in Subsection (2)(a), a facility
225 required to pay fees under this section shall:
226 (a) calculate the fees by multiplying the total tonnage of nonhazardous solid waste
227 received during the calendar month, computed to the first decimal place, by the required fee
229 (b) pay the fees imposed by this section to the department by the 15th day of the month
230 following the month in which the fees accrued; and
231 (c) with the fees required under Subsection (6)(b), submit to the department, on a form
232 prescribed by the department, information that verifies the amount of nonhazardous solid waste
233 received and the fees that the owner or operator is required to pay.
234 (6) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, and each fiscal
235 year thereafter, the department shall establish a fee schedule for the treatment, transfer, and
236 disposal of all nonhazardous solid waste.
237 (b) The department shall, before establishing the annual fee schedule described in
238 Subsection (6)(a), consult with industry and local government and complete a review of
239 program costs and indirect costs of regulating nonhazardous solid waste in the state and use the
240 findings of the review to create the fee schedule.
241 (c) The fee schedule described in Subsection (6)(a) shall:
242 (i) create an equitable and fair, though not necessarily equal or uniform, fee to be paid
243 by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a
244 regulatory burden to the department, based on the actual cost as described in Section 19-6-126
244a Ĥ→ and taking into consideration whether the owner or operator of a facility elects to self-
244b inspect under Section 19-6-109 ←Ĥ ,
245 except as provided in Subsection (6)(d);
246 (ii) cover the fully burdened costs of the program and provide for reasonable and
247 timely oversight by the department;
248 (iii) adequately meet the needs of industry, local government, and the department,
249 including enabling the department to employ the appropriate number of qualified personnel to
250 appropriately oversee industry and local government regulation;
251 (iv) provide stable funding for the Environmental Quality Restricted Account created
252 in Section 19-1-108; and
253 (v) [
254 transfer facility, be no greater than [
256 (d) Any person who treats, transfers, stores, or disposes of solid waste from the
257 extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or
258 operated by that person may not be charged a fee under this section for the treatment, transfer,
259 storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores
260 and minerals that are generated:
261 (i) on-site by the person; or
262 (ii) by off-site sources owned, controlled, or operated by the person.
263 (e) The fees in the fee schedule established by Subsection (6)(a) shall take effect on
264 January 1, 2019.
265 (7) On and after January 1, 2019, a facility required to pay fees under this section shall:
266 (a) pay the fees imposed by this section to the department by the 15th day of the month
267 following the quarter in which the fees accrued; and
268 (b) with the fees required under Subsection (7)(a), submit to the department, on a form
269 prescribed by the department, information that verifies the amount of nonhazardous solid waste
270 received and the fees that the owner or operator is required to pay.
271 (8) In setting the fee schedule described in Subsection (6)(a), the department shall
272 ensure that a party is not charged multiple fees for the same solid waste, except the department
273 may charge a separate fee for a transfer station.
274 (9) The department shall:
275 (a) deposit all fees received under this section into the Environmental Quality
276 Restricted Account created in Section 19-1-108; and
277 (b) in preparing its budget for the governor and the Legislature, separately indicate the
278 amount of the department's budget necessary to administer the solid and hazardous waste
279 program established by this part.
280 (10) The department may contract or agree with a county to assist in performing
281 nonhazardous solid waste management activities, including agreements for:
282 (a) the development of a solid waste management plan required under Section
283 17-15-23; and
284 (b) pass-through of available funding.
285 (11) This section does not exempt any facility from applicable regulation under the
286 Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
287 (12) The department shall report to the Natural Resources, Agriculture, and
288 Environment Interim Committee by November 30, 2017, on the fee schedule described in
289 Subsection (6)(a).
290 Section 4. Section 19-6-126 is enacted to read:
291 19-6-126. Division of Waste Management and Radiation Control Expendable
291a Ĥ→ Special ←Ĥ
292 Revenue Fund.
293 (1) There is created the Division of Waste Management and Radiation Control
294 Expendable Ĥ→ Special ←Ĥ Revenue Fund.
295 (2) The fund consists of money deposited in the fund pursuant to Section 19-1-108.
296 (3) The Division of Waste Management and Radiation Control may expend money in
297 the fund to upgrade technology for permitting and compliance purposes, and other expenditures
298 that will result in increased efficiency and reduced cost, as described in this section.
299 (4) The technology upgrade authorized in this section shall be designed to assist the
300 division in the following ways:
301 (a) allowing forms to be digitized and accessible online for:
302 (i) completion and submission by a division employee Ĥ→ or the owner or operator of a
302a facility that elects to self-inspect ←Ĥ ; and
303 (ii) review by a regulated facility;
304 (b) tracking expenses of a division employee, including travel time to inspected
305 facilities; and
306 (c) increasing employee efficiency and government transparency.
307 (5) The Division of Waste Management and Radiation Control may use money in the
308 fund to create training materials for the owner or operator of a solid waste management facility
309 to learn how to self-inspect the solid waste management facility.
310 (6) (a) Once the technology described in this section is in place, the Division of Waste
311 Management and Radiation Control shall implement a method for a solid waste management
312 facility to use the technology to self-inspect as described in Section 19-6-109.
313 (b) Before the technology described in this section is in place, an owner or operator
314 who elects to self-inspect shall use the standard form used by a Division of Waste Management
315 and Radiation Control employee to conduct an inspection.
316 (7) In implementing this section, the Division of Waste Management and Radiation
317 Control shall work with the Department of Technology Services.
318 (8) On December 31, 2019, the Division of Finance shall transfer any money remaining
319 in the fund to the General Fund.
320 Section 5. Section 19-6-307 is amended to read:
321 19-6-307. Hazardous Substances Mitigation Fund -- Uses.
322 (1) There is created an expendable special revenue fund entitled the "Hazardous
323 Substances Mitigation Fund."
324 (2) The fund consists of money generated from the following revenue sources:
325 (a) any voluntary contributions received for the cleanup of hazardous substances
327 (b) appropriations made to the fund by the Legislature; [
328 (c) money received by the state under Section 19-6-310 and Section 19-6-316[
329 (d) money from waste disposal fees, as described in Section 19-1-108.
330 (3) (a) The fund shall earn interest.
331 (b) All interest earned on fund money shall be deposited into the fund.
332 (4) The executive director may use fund money to:
333 (a) take emergency action as provided in Sections 19-6-309 and 19-6-310;
334 (b) conduct remedial investigations as provided in Sections 19-6-314 through
336 (c) pay the amount required by the federal government as the state's portion of the cost
337 of cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose;
339 (d) pay the amount required by the federal government as the state's portion of the cost
340 of cleanups under 42 U.S.C. 6991 et seq., the Leaking Underground Storage Tank Trust Fund,
341 as appropriated by the Legislature for that purpose.
342 Section 6. Section 63I-2-219 is amended to read:
343 63I-2-219. Repeal dates -- Title 19.
348 (1) (a) Subsection 19-1-108(3)(a) is repealed on June 30, 2019.
349 (b) When repealing Subsection 19-1-108(3)(a), the Office of Legislative Research and
350 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
351 necessary changes to subsection numbering and cross references.
352 (2) Section 19-6-126 is repealed on January 1, 2020.
353 Section 7. Effective date.
354 This bill takes effect on July 1, 2018.