7 LONG TITLE
8 General Description:
9 This bill modifies regulations in regard to nonhazardous solid waste.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides conditions under which a constructed facility with an approved operation
13 plan may change class of designation;
14 ▸ modifies information that the director reviews before approving an operation plan;
15 ▸ repeals provisions related to approval of certain plans; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 19-6-108, as last amended by Laws of Utah 2017, Chapter 281
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 19-6-108 is amended to read:
27 19-6-108. New nonhazardous solid or hazardous waste operation plans for
28 facility or site -- Administrative and legislative approval required -- Exemptions from
29 legislative and gubernatorial approval -- Time periods for review -- Information required
30 -- Other conditions -- Revocation of approval -- Periodic review.
31 (1) For purposes of this section, the following items shall be treated as submission of a
32 new operation plan:
33 (a) the submission of a revised operation plan specifying a different geographic site
34 than a previously submitted plan;
35 (b) an application for modification of a commercial hazardous waste incinerator if the
36 construction or the modification would increase the hazardous waste incinerator capacity above
37 the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
38 the operation plan application as of January 1, 1990, if no operation plan approval has been
39 issued as of January 1, 1990;
40 (c) an application for modification of a commercial nonhazardous solid waste
41 incinerator if the construction of the modification would cost 50% or more of the cost of
42 construction of the original incinerator or the modification would result in an increase in the
43 capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
44 or throughput that was approved in the operation plan as of January 1, 1990, or the initial
45 approved operation plan if the initial approval is subsequent to January 1, 1990;
46 (d) an application for modification of a commercial nonhazardous solid or hazardous
47 waste treatment, storage, or disposal facility, other than an incinerator, if the modification
48 would be outside the boundaries of the property owned or controlled by the applicant, as shown
49 in the application or approved operation plan as of January 1, 1990, or the initial approved
50 operation plan if the initial approval is subsequent to January 1, 1990; or
51 (e) a submission of an operation plan to construct a facility, if previous approvals of the
52 operation plan to construct the facility have been revoked pursuant to Subsection (3)(c)(iii).
53 (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
54 tonnage specified for the trial burn in the operation plan or the operation plan application if no
55 operation plan approval has been issued as of January 1, 1990, and on annual operations of
56 7,000 hours.
57 (3) (a) (i) No person may own, construct, modify, or operate any facility or site for the
58 purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing,
59 or disposing of hazardous waste without first submitting and receiving the approval of the
60 director for an operation plan for that facility or site.
61 (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
62 operation plan may submit to the director information, a report, a plan, or other request for
63 approval for a proposed activity under an operation plan:
64 (I) after obtaining the consent of any other permittee who is a current owner of the
65 facility or site; and
66 (II) without obtaining the consent of any other permittee who is not a current owner of
67 the facility or site.
68 (B) The director may not:
69 (I) withhold an approval of an operation plan requested by a permittee who is a current
70 owner of the facility or site on the grounds that another permittee who is not a current owner of
71 the facility or site has not consented to the request; or
72 (II) give an approval of an operation plan requested by a permittee who is not a current
73 owner before receiving consent of the current owner of the facility or site.
74 (b) (i) Except for facilities that receive the following wastes solely for the purpose of
75 recycling, reuse, or reprocessing, [
77 profit, any of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and
78 receiving the approval of the director for an operation plan for that facility site.
79 (ii) Wastes referred to in Subsection (3)(b)(i) are:
80 (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
81 generated primarily from the combustion of coal or other fossil fuels;
82 (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
83 (C) cement kiln dust wastes.
84 (c) (i) [
85 the person receives:
86 (A) local government approval and the approval described in Subsection (3)(a);
87 (B) approval from the Legislature; and
88 (C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B),
89 approval from the governor.
90 (ii) A facility referred to in Subsection (3)(c)(i) is:
91 (A) a commercial nonhazardous solid waste disposal facility;
92 (B) except for facilities that receive the following wastes solely for the purpose of
93 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
94 with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
95 emission control waste generated primarily from the combustion of coal or other fossil fuels;
96 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
97 dust wastes; or
98 (C) a commercial hazardous waste treatment, storage, or disposal facility.
99 (iii) The required approvals described in Subsection (3)(c)(i) for a facility described in
100 Subsection (3)(c)(ii)(A) or (B) are automatically revoked if:
101 (A) the governor's approval is received on or after May 10, 2011, and the facility is not
102 operational within five years after the day on which the governor's approval is received; or
103 (B) the governor's approval is received before May 10, 2011, and the facility is not
104 operational on or before May 10, 2016.
105 (iv) The required approvals described in Subsection (3)(c)(i) for a facility described in
106 Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not transferrable to
107 another person for five years after the day on which the governor's approval is received.
108 (d) [
109 construction of a hazardous waste facility for which an operating plan has been approved by or
110 submitted for approval to the executive secretary of the board under this section before April
111 24, 1989, and which has been determined, on or before December 31, 1990, by the executive
112 secretary of the board to be complete, in accordance with state and federal requirements for
113 operating plans for hazardous waste facilities even if a different geographic site is subsequently
115 (e) [
116 construction of a commercial nonhazardous solid waste disposal facility for which an operation
117 plan has been approved by or submitted for approval to the executive secretary of the board
118 under this section on or before January 1, 1990, and which, on or before December 31, 1990,
119 the executive secretary of the board determines to be complete, in accordance with state and
120 federal requirements applicable to operation plans for nonhazardous solid waste facilities.
121 (f) [
122 1980, who has given timely notification as required by Section 3010 of the Resource
123 Conservation and Recovery Act of 1976, 42 U.S.C. [
124 submitted a proposed hazardous waste plan under this section for that facility or site, may
125 continue to operate that facility or site without violating this section until the plan is approved
126 or disapproved under this section.
127 (g) (i) The director shall suspend acceptance of further applications for a commercial
128 nonhazardous solid or hazardous waste facility upon a finding that the director cannot
129 adequately oversee existing and additional facilities for permit compliance, monitoring, and
131 (ii) The director shall report any suspension to the Natural Resources, Agriculture, and
132 Environment Interim Committee.
133 (h) A permittee may convert a class I facility to a class V nonhazardous solid waste
134 facility without obtaining approval from the director of a new operation plan, a new permit, or
135 a permit modification if:
136 (i) the director approved an operation plan for the class I facility;
137 (ii) the class I facility is constructed;
138 (iii) the Legislature approves the class V nonhazardous solid waste facility;
139 (iv) the governor approves the class V nonhazardous solid waste facility; and
140 (v) the wastes to be received at the class V facility for treatment or disposal are wastes
141 that were approved in the original class I operation plan.
142 (4) The director shall review [
143 operation plan to determine whether that plan complies with [
144 the applicable rules of the board.
145 (5) (a) If the facility is a class I or class II facility, the director shall approve or
146 disapprove that plan within 270 days from the date [
147 (b) Within 60 days after receipt of the [
148 required by this section for a class I or II facility, the director shall determine whether the plan
149 is complete and contains all information necessary to process the plan for approval.
150 (c) (i) If the plan for a class I or II facility is determined to be complete, the director
151 shall issue a notice of completeness.
152 (ii) If the plan is determined by the director to be incomplete, the director shall issue a
153 notice of deficiency, listing the additional information to be provided by the owner or operator
154 to complete the plan.
155 (d) The director shall review information submitted in response to a notice of
156 deficiency within 30 days after receipt.
157 (e) The following time periods may not be included in the 270 day plan review period
158 for a class I or II facility:
159 (i) time awaiting response from the owner or operator to requests for information
160 issued by the director;
161 (ii) time required for public participation and hearings for issuance of plan approvals;
163 (iii) time for review of the permit by other federal or state government agencies.
164 (6) (a) If the facility is a class III or class IV facility, the director shall approve or
165 disapprove that plan within 365 days from the date it is submitted.
166 (b) The following time periods may not be included in the 365 day review period:
167 (i) time awaiting response from the owner or operator to requests for information
168 issued by the director;
169 (ii) time required for public participation and hearings for issuance of plan approvals;
171 (iii) time for review of the permit by other federal or state government agencies.
172 (7) If, within 365 days after receipt of a modification plan or closure plan for [
173 facility, the director determines that the proposed plan, or any part of [
174 will not comply with applicable rules, the director shall issue an order prohibiting [
175 under the proposed plan for modification or closure in whole or in part.
176 (8) [
177 approved hazardous waste operation plan under this section and who has pending a permit
178 application before the United States Environmental Protection Agency shall be treated as
179 having an approved plan until final administrative disposition of the permit application is made
180 under this section, unless the director determines that final administrative disposition of the
181 application has not been made because of the failure of the owner or operator to furnish any
182 information requested, or the facility's interim status has terminated under Section 3005 (e) of
183 the Resource Conservation and Recovery Act, 42 U.S.C. [
184 (9) The director may not approve a proposed nonhazardous solid or hazardous waste
185 operation plan unless the [
186 director has reviewed the following:
187 (a) estimates of the composition, quantities, and concentrations of any hazardous waste
188 identified under this part and the proposed treatment, storage, or disposal of it;
189 (b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or
190 treatment, storage, or disposal of hazardous waste:
191 (i) will not be done in a manner that may cause or significantly contribute to an
192 increase in mortality[
193 (ii) an increase in serious irreversible or incapacitating reversible illness[
194 (iii) pose a substantial present or potential hazard to human health or the environment;
195 (c) consistent with the degree and duration of risks associated with the transfer,
196 treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of
197 specified hazardous waste, evidence of financial responsibility in whatever form and amount
198 that the director determines is necessary to insure continuity of operation and that upon
199 abandonment, cessation, or interruption of the operation of the facility or site, all reasonable
200 measures consistent with the available knowledge will be taken to insure that the waste
201 subsequent to being treated, stored, or disposed of at the site or facility will not present a
202 hazard to the public or the environment;
203 (d) evidence that the personnel employed at the facility or site have education and
204 training for the safe and adequate handling of nonhazardous solid or hazardous waste;
205 (e) plans, specifications, and other information that the director considers relevant to
206 determine whether the proposed nonhazardous solid or hazardous waste operation plan will
207 comply with this part and the rules of the board;
208 (f) compliance schedules, where applicable, including schedules for corrective action
209 or other response measures for releases from any solid waste management unit at the facility,
210 regardless of the time the waste was placed in the unit; and
211 (g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or
212 hazardous waste facility other than a water treatment facility that treats, stores, or disposes
213 site-generated solid or hazardous waste onsite, a traffic impact study that:
214 (i) takes into consideration the safety, operation, and condition of roadways serving the
215 proposed facility; and
216 (ii) is reviewed and approved by the Department of Transportation or a local highway
217 authority, whichever has jurisdiction over each road serving the proposed facility, with the cost
218 of the review paid by the person who submits the proposed operation plan[
254 waste operation plan unless the director has reviewed the compliance history of an owner or
255 operator of a proposed commercial nonhazardous solid or hazardous waste treatment, storage,
256 or disposal facility, which may be applied by the director in a nonhazardous solid or hazardous
257 waste operation plan decision, including any plan conditions.
265 be revoked, in whole or in part, if the person to whom approval of the plan has been given fails
266 to comply with that plan.
268 waste operation plans at least once every five years.
270 apply to hazardous waste facilities in existence or to applications filed or pending in the
271 department [
272 the board on or before December 31, 1990, to be complete, in accordance with state and federal
273 requirements applicable to operation plans for hazardous waste facilities.
275 nonhazardous solid waste facility in existence or to an application filed or pending in the
276 department [
277 December 31, 1990, to be complete in accordance with state and federal requirements
278 applicable to operation plans for nonhazardous solid waste facilities.
280 hazardous waste in the state where it is generated and which is received for disposal in this
281 state may not be disposed of at a nonhazardous waste disposal facility owned and operated by
282 local government [
284 disposal is approved by the director.
286 applicable regulation under the federal Atomic Energy Act, 42 U.S.C. [
287 2021 through 2114.