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JOINT RESOLUTION AUTHORIZING ENERGY SOLUTIONS

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TO CREATE A LANDFILL FOR NON-RADIOACTIVE

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WASTE

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2018 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Daniel W. Thatcher

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House Sponsor: Douglas V. Sagers

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9     LONG TITLE
10     General Description:
11          This resolution grants provisional legislative approval for the construction and
12     operation of a Class VI commercial nonhazardous solid waste landfill.
13     Highlighted Provisions:
14          This resolution:
15          ▸     describes the proposed landfill;
16          ▸     enumerates the types of nonhazardous solid waste to be received by the landfill;
17          ▸     states that an operation plan will be submitted to the director of the Division of
18     Waste Management and Radiation Control for approval; and
19          ▸     grants provisional legislative approval for the construction and operation of a Class
20     VI commercial nonhazardous solid waste landfill.
21     Special Clauses:
22          None
23     

24     Be it resolved by the Legislature of the state of Utah:
25          WHEREAS, EnergySolutions has proposed a plan to construct and operate a Class VI
26     commercial landfill to receive nonhazardous solid waste for disposal as defined in Section
27     19-6-102;
28          WHEREAS, the proposed Class VI landfill will be located in Section 5, Township 2
29     South, Range 11 West, within Tooele County, Utah;

30          WHEREAS, EnergySolutions is currently licensed by the Division of Waste
31     Management and Radiation Control to operate a low level radioactive waste disposal facility;
32          WHEREAS, the proposed Class VI landfill will be located within the same Tooele
33     County designated hazardous waste corridor as the currently licensed low level radioactive
34     waste disposal facility and the permitted Class V solid waste landfill operated by
35     EnergySolutions in unincorporated Tooele County;
36          WHEREAS, the proposed Class VI landfill will enhance efficiencies for
37     EnergySolutions clients by allowing EnergySolutions to receive nonhazardous, nonradioactive
38     solid waste from the decommissioning of nuclear power plants that currently utilize the
39     EnergySolutions licensed low level radioactive waste disposal facility;
40          WHEREAS, a Class VI commercial landfill would have a favorable economic impact
41     on Tooele County and the state of Utah in the form of additional jobs and tax revenue;
42          WHEREAS, Utah Code Section 19-6-108 requires that an applicant for authority to
43     construct a commercial landfill receive approval from the local government, the Legislature,
44     and the Governor;
45          WHEREAS, Utah Code Section 19-6-108 also requires that the applicant for authority
46     to construct or operate a commercial landfill receive approval from the director of the Division
47     of Waste Management and Radiation Control within the Department of Environmental Quality
48     for an operation plan for the facility prior to receiving gubernatorial approval;
49          WHEREAS, EnergySolutions will submit an operation plan for a Class VI commercial
50     nonhazardous solid waste landfill to the Division of Waste Management and Radiation Control
51     to be approved by the director;
52          WHEREAS, EnergySolutions will seek approval from Tooele County for the proposed
53     landfill; and
54          WHEREAS, EnergySolutions will request gubernatorial approval after the operation
55     plan is approved by the director of the Division of Waste Management and Radiation Control:
56          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
57     grants its provisional approval to EnergySolutions to construct and operate a Class VI

58     commercial nonhazardous solid waste landfill as described in the proposed plan if the proposed
59     plan is approved by Tooele County, the Division of Waste Management and Radiation Control,
60     and the Governor in accordance with Utah Code Section 19-6-108.