2
3
4
5
6 Cosponsors:
7 Carl R. Albrecht
8 Stewart E. Barlow
Kay J. Christofferson
Stephen G. Handy
John R. Westwood
9
10 LONG TITLE
11 General Description:
12 This bill deals with fees set by the Division of Waste Management and Radiation
13 Control.
14 Highlighted Provisions:
15 This bill:
16 ▸ creates the Division of Waste Management and Radiation Control Expendable
17 Special Revenue Fund and describes the uses of the fund;
18 ▸ requires the Division of Waste Management and Radiation Control to upgrade
19 technology;
20 ▸ states that the annual fee schedule set by the Division of Waste Management and
21 Radiation Control shall be equitable and fair, though not necessarily equal or
22 uniform;
23 ▸ provides criteria in setting the annual fee schedule;
24 ▸ authorizes a landfill to conduct a self-inspection with reporting to the Division of
25 Waste Management and Radiation Control;
26 ▸ provides a repeal date; and
27 ▸ makes technical changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill provides a special effective date.
32 Utah Code Sections Affected:
33 AMENDS:
34 19-1-108, as last amended by Laws of Utah 2013, Chapter 330
35 19-6-109, as last amended by Laws of Utah 2012, Chapter 360
36 19-6-119, as last amended by Laws of Utah 2017, Chapter 281
37 19-6-307, as last amended by Laws of Utah 2013, Chapter 400
38 63I-2-219, as last amended by Laws of Utah 2016, Chapter 369
39 ENACTS:
40 19-6-126, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 19-1-108 is amended to read:
44 19-1-108. Creation of Environmental Quality Restricted Account -- Purpose of
45 restricted account -- Sources of funds -- Uses of funds.
46 (1) There is created the Environmental Quality Restricted Account.
47 (2) The sources of money for the restricted account are:
48 (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4
49 and other fees collected under Subsection 19-3-104(5);
50 (b) hazardous waste disposal fees collected under Section 19-6-118;
51 (c) PCB waste disposal fees collected under Section 19-6-118.5;
52 (d) nonhazardous solid waste disposal fees collected under Section 19-6-119; and
53 (e) the investment income derived from money in the Environmental Quality
54 Restricted Account.
55 (3) In each fiscal year[
56 (a) the first [
57 Subsection (2), collectively, shall be deposited in the [
58
59 Fund created in Section 19-6-126; and
60 (b) the balance of the money collected from the waste disposal fees listed in Subsection
61 (2), collectively, shall be deposited in the Environmental Quality Restricted Account.
62 (4) The Legislature may annually appropriate money from the Environmental Quality
63 Restricted Account to the department for the costs of administering:
64 (a) [
65 (b) [
66 programs[
67 [
68
69 (5) Each year beginning July 1, 2018, and ending on June 30, 2022, the Division of
70 Finance shall transfer $200,000 from the Environmental Quality Restricted Account to the
71 Hazardous Substances Mitigation Fund, to provide money to:
72 [
73 Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.
74 as amended; and
75 [
76 [
77 restricted account described in Subsection (2)(a) may only be used for the purpose described in
78 Subsection (4)(a).
79 [
80
81
82
83
84 (7) In order to stabilize funding for the radiation control program and the solid and
85 hazardous waste program, the Legislature shall in years of excess revenues reserve in the
86 Environmental Quality Restricted Account sufficient money to meet departmental needs in
87 years of projected shortages.
88 (8) The Legislature may not appropriate money from the General Fund to the
89 department as a supplemental appropriation to cover the costs of the radiation control program
90 and the solid and hazardous waste program in an amount exceeding 25% of the amount of
91 waste disposal fees collected during the most recent prior fiscal year.
92 (9) Money appropriated under this part that is not expended at the end of the fiscal year
93 lapses into the Environmental Quality Restricted Account.
94 (10) (a) The balance in the Environmental Quality Restricted Account may not exceed
95 $4,000,000 above the anticipated revenue need for the money in the restricted account for the
96 fiscal year.
97 (b) Excess funds under Subsection (10)(a) shall be credited on a proportionate basis to
98 each person who paid money to the fund in the previous fiscal year.
99 Section 2. Section 19-6-109 is amended to read:
100 19-6-109. Inspections authorized -- Fines for a self-inspected facility.
101 [
102 any reasonable time and upon presentation of appropriate credentials, enter upon and inspect
103 any property, premise, or place on or at which solid or hazardous wastes are generated,
104 transported, stored, treated, or disposed of, and have access to and the right to copy any records
105 relating to the wastes, for the purpose of ascertaining compliance with this part and the rules of
106 the board. [
107 (2) An inspector may also inspect any waste and obtain waste samples, including
108 samples from any vehicle in which wastes are being transported or samples of any containers or
109 labels.
110 (3) Any person obtaining samples shall give to the owner, operator, or agent a receipt
111 describing the sample obtained and, if requested, a portion of each sample of waste equal in
112 volume or weight to the portion retained.
113 (4) If any analysis is made of those samples, a copy of the results of that analysis shall
114 be furnished promptly to the owner, operator, or agent in charge.
115 (5) (a) Notwithstanding any other provision of this section, by January 1, 2019, the
116 division shall ensure that an owner or operator of a solid waste management facility may elect
117 to self-inspect the solid waste management facility.
118 (b) (i) The division shall create a training program to teach the owner or operator of a
119 solid waste management facility how to self-inspect the owner or operator's solid waste
120 management facility.
121 (ii) The training described in Subsection (5)(b)(i) shall be no longer than five hours
122 total.
123 (c) An owner or operator that elects to self-inspect a solid waste management facility
124 under Subsection (5)(a) shall:
125 (i) provide all information to the division that is required by this chapter and any rules
126 issued by the board; and
127 (ii) conduct the self-inspection annually and send a self-inspection report, certified by
128 an individual who completed the training described in Subsection (5)(b)(i), to the division upon
129 completion.
130 (d) The division shall ensure that a solid waste management facility is inspected by an
131 authorized division employee:
132 (i) every three to five years, if the solid waste management facility does not elect to
133 self-inspect under Subsection (5)(a);
134 (ii) at least once every five years, regardless of whether the solid waste management
135 facility elects to self-inspect under Subsection (5)(a);
136 (iii) promptly upon receipt of a credible complaint about the solid waste management
137 facility; and
138 (iv) upon request by the solid waste management facility or upon issuance of a notice
139 of violation.
140 (6) (a) The division shall ensure that a fine assessed against a solid waste management
141 facility that elects to self-inspect for a violation of this chapter or a rule made by the board is
142 higher than the fine that would be assessed against a solid waste management facility that does
143 not elect to self-inspect.
144 (b) The division may determine that, upon a severe violation of this chapter or a rule
145 made by the board by a facility that elects to self-inspect, that a facility is no longer eligible to
146 self-inspect.
147 Section 3. Section 19-6-119 is amended to read:
148 19-6-119. Nonhazardous solid waste disposal fees.
149 (1) (a) Through December 31, 2018, and except as provided in Subsection (4), the
150 owner or operator of a commercial nonhazardous solid waste disposal facility or incinerator
151 shall pay the following fees for waste received for treatment or disposal at the facility if the
152 facility or incinerator is required to have operation plan approval under Section 19-6-108 and
153 primarily receives waste generated by off-site sources not owned, controlled, or operated by the
154 facility or site owner or operator:
155 (i) 13 cents per ton on all municipal waste and municipal incinerator ash;
156 (ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
157 the following wastes in a cell exclusively designated for the waste being disposed:
158 (A) construction waste or demolition waste;
159 (B) yard waste, including vegetative matter resulting from landscaping, land
160 maintenance, and land clearing operations;
161 (C) dead animals;
162 (D) waste tires and materials derived from waste tires disposed of in accordance with
163 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
164 (E) petroleum contaminated soils that are approved by the director; and
165 (iii) $2.50 per ton on:
166 (A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
167 (B) (I) fly ash waste;
168 (II) bottom ash waste;
169 (III) slag waste;
170 (IV) flue gas emission control waste generated primarily from the combustion of coal
171 or other fossil fuels;
172 (V) waste from the extraction, beneficiation, and processing of ores and minerals; and
173 (VI) cement kiln dust wastes.
174 (b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
175 the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii)
176 for those wastes described in Subsections (1)(a)(i) and (ii).
177 (c) The owner or operator of a facility described in Subsection 19-6-102(3)(b)(iii) shall
178 pay a fee of 13 cents per ton on all municipal waste received for disposal at the facility.
179 (2) (a) Through December 31, 2018, and except as provided in Subsections (2)(c) and
180 (4), a waste facility that is owned by a political subdivision shall pay the following annual
181 facility fee to the department by January 15 of each year:
182 (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
183 waste each year;
184 (ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
185 municipal waste each year;
186 (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
187 municipal waste each year;
188 (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
189 municipal waste each year;
190 (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
191 municipal waste each year;
192 (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
193 municipal waste each year; and
194 (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
195 year.
196 (b) The fee identified in Subsection (2)(a) for 2018 shall be paid by January 15, 2019.
197 (c) Through December 31, 2018, and except as provided in Subsection (4), a waste
198 facility that is owned by a political subdivision shall pay $2.50 per ton for:
199 (i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
200 received for disposal if the waste is:
201 (A) generated outside the boundaries of the political subdivision; and
202 (B) received from a single generator and exceeds 500 tons in a calendar year; and
203 (ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
204 (A) generated outside the boundaries of the political subdivision; and
205 (B) received from a single generator and exceeds 500 tons in a calendar year.
206 (d) Waste received at a facility owned by a political subdivision under Subsection
207 (2)(c) may not be counted as part of the total tonnage received by the facility under Subsection
208 (2)(a).
209 (3) (a) As used in this Subsection (3):
210 (i) "Recycling center" means a facility that extracts valuable materials from a waste
211 stream or transforms or remanufactures the material into a usable form that has demonstrated
212 or potential market value.
213 (ii) "Transfer station" means a permanent, fixed, supplemental collection and
214 transportation facility that is used to deposit collected solid waste from off-site into a transfer
215 vehicle for transport to a solid waste handling or disposal facility.
216 (b) Through December 31, 2018, and except as provided in Subsection (4), the owner
217 or operator of a transfer station or recycling center shall pay to the department the following
218 fees on waste sent for disposal to a nonhazardous solid waste disposal or treatment facility that
219 is not subject to a fee under this section:
220 (i) $1.25 per ton on:
221 (A) all nonhazardous solid waste; and
222 (B) waste described in Subsection (1)(a)(iii)(B);
223 (ii) 10 cents per ton on all construction and demolition waste; and
224 (iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
225 (c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
226 required under Subsection (3)(b)(i).
227 (4) The owner or operator of a waste disposal facility that receives nonhazardous solid
228 waste described in Subsection (1)(a)(iii)(B) is not required to pay any fee on those
229 nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
230 reprocessing.
231 (5) Through December 31, 2018, and except as provided in Subsection (2)(a), a facility
232 required to pay fees under this section shall:
233 (a) calculate the fees by multiplying the total tonnage of nonhazardous solid waste
234 received during the calendar month, computed to the first decimal place, by the required fee
235 rate;
236 (b) pay the fees imposed by this section to the department by the 15th day of the month
237 following the month in which the fees accrued; and
238 (c) with the fees required under Subsection (6)(b), submit to the department, on a form
239 prescribed by the department, information that verifies the amount of nonhazardous solid waste
240 received and the fees that the owner or operator is required to pay.
241 (6) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, and each fiscal
242 year thereafter, the department shall establish a fee schedule for the treatment, transfer, and
243 disposal of all nonhazardous solid waste.
244 (b) The department shall, before establishing the annual fee schedule described in
245 Subsection (6)(a), consult with industry and local government and complete a review of
246 program costs and indirect costs of regulating nonhazardous solid waste in the state and use the
247 findings of the review to create the fee schedule.
248 (c) The fee schedule described in Subsection (6)(a) shall:
249 (i) create an equitable and fair, though not necessarily equal or uniform, fee to be paid
250 by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a
251 regulatory burden to the department, based on the actual cost as described in Section 19-6-126,
252 and taking into consideration whether the owner or operator of a facility elects to self-inspect
253 under Section 19-6-109, except as provided in Subsection (6)(d);
254 (ii) cover the fully burdened costs of the program and provide for reasonable and
255 timely oversight by the department;
256 (iii) adequately meet the needs of industry, local government, and the department,
257 including enabling the department to employ the appropriate number of qualified personnel to
258 appropriately oversee industry and local government regulation;
259 (iv) provide stable funding for the Environmental Quality Restricted Account created
260 in Section 19-1-108; and
261 (v) [
262 transfer facility, be no greater than [
263
264 (d) Any person who treats, transfers, stores, or disposes of solid waste from the
265 extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or
266 operated by that person may not be charged a fee under this section for the treatment, transfer,
267 storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores
268 and minerals that are generated:
269 (i) on-site by the person; or
270 (ii) by off-site sources owned, controlled, or operated by the person.
271 (e) The fees in the fee schedule established by Subsection (6)(a) shall take effect on
272 January 1, 2019.
273 (7) On and after January 1, 2019, a facility required to pay fees under this section shall:
274 (a) pay the fees imposed by this section to the department by the 15th day of the month
275 following the quarter in which the fees accrued; and
276 (b) with the fees required under Subsection (7)(a), submit to the department, on a form
277 prescribed by the department, information that verifies the amount of nonhazardous solid waste
278 received and the fees that the owner or operator is required to pay.
279 (8) In setting the fee schedule described in Subsection (6)(a), the department shall
280 ensure that a party is not charged multiple fees for the same solid waste, except the department
281 may charge a separate fee for a transfer station.
282 (9) The department shall:
283 (a) deposit all fees received under this section into the Environmental Quality
284 Restricted Account created in Section 19-1-108; and
285 (b) in preparing its budget for the governor and the Legislature, separately indicate the
286 amount of the department's budget necessary to administer the solid and hazardous waste
287 program established by this part.
288 (10) The department may contract or agree with a county to assist in performing
289 nonhazardous solid waste management activities, including agreements for:
290 (a) the development of a solid waste management plan required under Section
291 17-15-23; and
292 (b) pass-through of available funding.
293 (11) This section does not exempt any facility from applicable regulation under the
294 Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
295 (12) The department shall report to the Natural Resources, Agriculture, and
296 Environment Interim Committee by November 30, 2017, on the fee schedule described in
297 Subsection (6)(a).
298 Section 4. Section 19-6-126 is enacted to read:
299 19-6-126. Division of Waste Management and Radiation Control Expendable
300 Special Revenue Fund.
301 (1) There is created the Division of Waste Management and Radiation Control
302 Expendable Special Revenue Fund.
303 (2) The fund consists of money deposited in the fund pursuant to Section 19-1-108.
304 (3) The Division of Waste Management and Radiation Control may expend money in
305 the fund to upgrade technology for permitting and compliance purposes, and other expenditures
306 that will result in increased efficiency and reduced cost, as described in this section.
307 (4) The technology upgrade authorized in this section shall be designed to assist the
308 division in the following ways:
309 (a) allowing forms to be digitized and accessible online for:
310 (i) completion and submission by a division employee or the owner or operator of a
311 facility that elects to self-inspect; and
312 (ii) review by a regulated facility;
313 (b) tracking expenses of a division employee, including travel time to inspected
314 facilities; and
315 (c) increasing employee efficiency and government transparency.
316 (5) The Division of Waste Management and Radiation Control may use money in the
317 fund to create training materials for the owner or operator of a solid waste management facility
318 to learn how to self-inspect the solid waste management facility.
319 (6) (a) Once the technology described in this section is in place, the Division of Waste
320 Management and Radiation Control shall implement a method for a solid waste management
321 facility to use the technology to self-inspect as described in Section 19-6-109.
322 (b) Before the technology described in this section is in place, an owner or operator
323 who elects to self-inspect shall use the standard form used by a Division of Waste Management
324 and Radiation Control employee to conduct an inspection.
325 (7) In implementing this section, the Division of Waste Management and Radiation
326 Control shall work with the Department of Technology Services.
327 (8) On December 31, 2019, the Division of Finance shall transfer any money remaining
328 in the fund to the General Fund.
329 Section 5. Section 19-6-307 is amended to read:
330 19-6-307. Hazardous Substances Mitigation Fund -- Uses.
331 (1) There is created an expendable special revenue fund entitled the "Hazardous
332 Substances Mitigation Fund."
333 (2) The fund consists of money generated from the following revenue sources:
334 (a) any voluntary contributions received for the cleanup of hazardous substances
335 facilities;
336 (b) appropriations made to the fund by the Legislature; [
337 (c) money received by the state under Section 19-6-310 and Section 19-6-316[
338 (d) money from waste disposal fees, as described in Section 19-1-108.
339 (3) (a) The fund shall earn interest.
340 (b) All interest earned on fund money shall be deposited into the fund.
341 (4) The executive director may use fund money to:
342 (a) take emergency action as provided in Sections 19-6-309 and 19-6-310;
343 (b) conduct remedial investigations as provided in Sections 19-6-314 through
344 19-6-316;
345 (c) pay the amount required by the federal government as the state's portion of the cost
346 of cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose;
347 and
348 (d) pay the amount required by the federal government as the state's portion of the cost
349 of cleanups under 42 U.S.C. 6991 et seq., the Leaking Underground Storage Tank Trust Fund,
350 as appropriated by the Legislature for that purpose.
351 Section 6. Section 63I-2-219 is amended to read:
352 63I-2-219. Repeal dates -- Title 19.
353 [
354
355 [
356
357 (1) (a) Subsection 19-1-108(3)(a) is repealed on June 30, 2019.
358 (b) When repealing Subsection 19-1-108(3)(a), the Office of Legislative Research and
359 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
360 necessary changes to subsection numbering and cross references.
361 (2) Section 19-6-126 is repealed on January 1, 2020.
362 Section 7. Effective date.
363 This bill takes effect on July 1, 2018.