1     
WASTE REGULATION MODIFICATIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: ____________

6     

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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          19-6-108, as last amended by Laws of Utah 2017, Chapter 281
24     

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, [no] a person may not own, construct, modify, or operate
76     [any] a commercial facility that accepts for treatment or disposal, with the intent to make a
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) [No] A person may not construct a facility listed under Subsection (3)(c)(ii) until
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) [No] A person does not need to obtain gubernatorial or legislative approval for the
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
114     submitted.
115          (e) [No] A person does not need to obtain gubernatorial and legislative approval for the
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) [Any] A person owning or operating a facility or site on or before November 19,
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. [Section] Sec. 6921, et seq., and who has
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
130     enforcement.
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 [each] a proposed nonhazardous solid or hazardous waste
143     operation plan to determine whether that plan complies with [the provisions of] this part and
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 [it] the plan is submitted.
147          (b) Within 60 days after receipt of the [plans] plan, specifications, or other information
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;
162     and
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;
170     and
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 [any] a
173     facility, the director determines that the proposed plan, or any part of [it] the proposed plan,
174     will not comply with applicable rules, the director shall issue an order prohibiting [any] action
175     under the proposed plan for modification or closure in whole or in part.
176          (8) [Any] A person who owns or operates a facility or site required to have an
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. [Section] Sec. 6925 (e).
184          (9) The director may not approve a proposed nonhazardous solid or hazardous waste
185     operation plan unless the [plan contains the information that the board requires, including]
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[,]; or
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[; and].
219          [(h) for a proposed operation plan submitted on or after July 1, 2013, for a new
220     nonhazardous solid waste facility owned or operated by a local government, financial
221     information that discloses all costs of establishing and operating the facility, including:]
222          [(i) land acquisition and leasing;]
223          [(ii) construction;]
224          [(iii) estimated annual operation;]
225          [(iv) equipment;]
226          [(v) ancillary structures;]
227          [(vi) roads;]
228          [(vii) transfer stations; and]
229          [(viii) using other operations that are not contiguous to the proposed facility but are
230     necessary to support the facility's construction and operation.]
231          [(10) The director may not approve a commercial nonhazardous solid or hazardous
232     waste operation plan that meets the requirements of Subsection (9) unless it contains the
233     information required by the board, including:]
234          [(a) evidence that the proposed commercial facility has a proven market of
235     nonhazardous solid or hazardous waste, including:]
236          [(i) information on the source, quantity, and price charged for treating, storing, and
237     disposing of potential nonhazardous solid or hazardous waste in the state and regionally;]
238          [(ii) a market analysis of the need for a commercial facility given existing and potential
239     generation of nonhazardous solid or hazardous waste in the state and regionally; and]
240          [(iii) a review of other existing and proposed commercial nonhazardous solid or
241     hazardous waste facilities regionally and nationally that would compete for the treatment,
242     storage, or disposal of the nonhazardous solid or hazardous waste;]
243          [(b) a description of the public benefits of the proposed facility, including:]
244          [(i) the need in the state for the additional capacity for the management of
245     nonhazardous solid or hazardous waste;]
246          [(ii) the energy and resources recoverable by the proposed facility;]
247          [(iii) the reduction of nonhazardous solid or hazardous waste management methods,
248     which are less suitable for the environment, that would be made possible by the proposed
249     facility; and]
250          [(iv) whether any other available site or method for the management of hazardous
251     waste would be less detrimental to the public health or safety or to the quality of the
252     environment; and]
253          [(c)] (10) The director may not approve a proposed nonhazardous solid or hazardous
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.
258          [(11) The director may not approve a commercial nonhazardous solid or hazardous
259     waste facility operation plan unless based on the application, and in addition to the
260     determination required in Subsections (9) and (10), the director determines that:]
261          [(a) the probable beneficial environmental effect of the facility to the state outweighs
262     the probable adverse environmental effect; and]
263          [(b) there is a need for the facility to serve industry within the state.]
264          [(12)] (11) Approval of a nonhazardous solid or hazardous waste operation plan may
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.
267          [(13)] (12) The director shall review all approved nonhazardous solid and hazardous
268     waste operation plans at least once every five years.
269          [(14)] (13) [The provisions of Subsections (10) and (11) do] Subsection (10) does not
270     apply to hazardous waste facilities in existence or to applications filed or pending in the
271     department [prior to] before April 24, 1989, that are determined by the executive secretary of
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.
274          [(15)] (14) [The provisions of] Subsections (9)[,] and (10)[, and (11)] do not apply to a
275     nonhazardous solid waste facility in existence or to an application filed or pending in the
276     department [prior to] before January 1, 1990, that is determined by the director, on or before
277     December 31, 1990, to be complete in accordance with state and federal requirements
278     applicable to operation plans for nonhazardous solid waste facilities.
279          [(16)] (15) Nonhazardous solid waste generated outside of this state that is defined as
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 [or a facility under contract with a local government solely for disposal of
283     nonhazardous solid waste generated within the boundaries of the local government], unless
284     disposal is approved by the director.
285          [(17)] (16) This section may not be construed to exempt [any] a facility from
286     applicable regulation under the federal Atomic Energy Act, 42 U.S.C. [Sections] Sec. 2014 and
287     2021 through 2114.