This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 4, 2020 at 9:46 AM by lpoole.
1     
ENVIRONMENTAL QUALITY REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ralph Okerlund

5     
House Sponsor: Suzanne Harrison

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions related to environmental quality.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses fees throughout the Environmental Quality Code;
13          ▸     addresses a dedicated credit;
14          ▸     requires that a person that operates a source of air pollution to have a permit under
15     certain circumstances;
16          ▸     provides for authority and duties of the Waste Management and Radiation Control
17     Board;
18          ▸     provides for the powers and duties of the director of the Division of Waste
19     Management and Radiation Control;
20          ▸     amends provisions related to powers of the Drinking Water Board;
21          ▸     amends provisions related to the authority of the director of the Division of
22     Drinking Water;
23          ▸     addresses violations of the Safe Drinking Water Act or rules or orders issued under
24     that act;
25          ▸     addresses source and storage minimum sizing requirements for public water
26     systems;
27          ▸     modifies definitions under the Water Quality Act;
28          ▸     clarifies powers and duties of the Water Quality Board;
29          ▸     provides for legislative review of total maximum daily load, rules, and standards;
30     Ŝ→ [
     ▸     modifies the procedure for the Water Quality Board to make rules;] ←Ŝ
31          ▸     modifies rules related to a penalty imposed on an agriculture discharge;
32          ▸     allows for discharge permits to be renewed;
33          ▸     addresses limitations on effluent limitations standards;
34          ▸     modifies definitions related to the Solid and Hazardous Waste Act;
35          ▸     addresses the powers of the Waste Management and Radiation Control Board,
36     including rulemaking;
37          ▸     modifies provisions related to the director of the Division of Waste Management
38     and Radiation Control;
39          ▸     addresses proof of service;
40          ▸     allows a designee of the executive director to issue enforceable written assurances;
41          ▸     addresses violations related to used oil management; and
42          ▸     makes technical and conforming amendments.
43     Money Appropriated in this Bill:
44          None
45     Other Special Clauses:
46          None
47     Utah Code Sections Affected:
48     AMENDS:
49          19-1-106, as last amended by Laws of Utah 2015, Chapter 451
50          19-1-201, as last amended by Laws of Utah 2019, Chapter 338
51          19-2-108, as last amended by Laws of Utah 2015, Chapters 154 and 441
52          19-2-109.1, as last amended by Laws of Utah 2015, Chapter 154
53          19-4-104, as repealed and reenacted by Laws of Utah 2018, Second Special Session,
54     Chapter 5
55          19-4-106, as last amended by Laws of Utah 2012, Chapter 360
56          19-4-107, as last amended by Laws of Utah 2012, Chapter 360
57          19-4-109, as last amended by Laws of Utah 2012, Chapter 360
58          19-4-114, as repealed and reenacted by Laws of Utah 2018, Second Special Session,

59     Chapter 5
60          19-5-102, as last amended by Laws of Utah 2015, Chapter 451
61          19-5-104, as last amended by Laws of Utah 2012, Chapter 360
62          19-5-104.5, as last amended by Laws of Utah 2019, Chapter 454
63     Ŝ→ [
     19-5-105, as last amended by Laws of Utah 2011, Chapter 155] ←Ŝ
64          19-5-105.5, as last amended by Laws of Utah 2012, Chapter 360
65          19-5-108, as last amended by Laws of Utah 2012, Chapter 360
66          19-5-116, as last amended by Laws of Utah 2011, Chapter 297
67          19-6-102, as last amended by Laws of Utah 2019, Chapter 152
68          19-6-102.1, as last amended by Laws of Utah 2018, Chapter 281
69          19-6-104, as last amended by Laws of Utah 2019, Chapter 152
70          19-6-105, as last amended by Laws of Utah 2018, Chapter 281
71          19-6-107, as last amended by Laws of Utah 2015, Chapter 451
72          19-6-108, as last amended by Laws of Utah 2019, Chapter 152
73          19-6-114, as renumbered and amended by Laws of Utah 1991, Chapter 112
74          19-6-120, as last amended by Laws of Utah 2012, Chapter 360
75          19-6-326, as last amended by Laws of Utah 2008, Chapter 382
76          19-6-502, as last amended by Laws of Utah 2019, Chapter 152
77     ENACTS:
78          19-3-103.1, Utah Code Annotated 1953
79          19-3-108.1, Utah Code Annotated 1953
80          19-6-721.1, Utah Code Annotated 1953
81     

82     Be it enacted by the Legislature of the state of Utah:
83          Section 1. Section 19-1-106 is amended to read:
84          19-1-106. Boards within department.
85          (1) The following policymaking boards are created within the department:
86          (a) the Air Quality Board, appointed under Section 19-2-103;
87          (b) the Drinking Water Board, appointed under Section 19-4-103;
88          (c) the Water Quality Board, appointed under Section 19-5-103; and
89          (d) the Waste Management and Radiation Control Board, appointed under Section

90     [19-6-104] 19-6-103.
91          (2) The authority of the boards created in Subsection (1) is limited to the specific
92     authority granted them under this title.
93          Section 2. Section 19-1-201 is amended to read:
94          19-1-201. Powers and duties of department -- Rulemaking authority --
95     Committee -- Monitoring environmental impacts of inland port.
96          (1) The department shall:
97          (a) enter into cooperative agreements with the Department of Health to delineate
98     specific responsibilities to assure that assessment and management of risk to human health
99     from the environment are properly administered;
100          (b) consult with the Department of Health and enter into cooperative agreements, as
101     needed, to ensure efficient use of resources and effective response to potential health and safety
102     threats from the environment, and to prevent gaps in protection from potential risks from the
103     environment to specific individuals or population groups;
104          (c) coordinate implementation of environmental programs to maximize efficient use of
105     resources by developing, in consultation with local health departments, a Comprehensive
106     Environmental Service Delivery Plan that:
107          (i) recognizes that the department and local health departments are the foundation for
108     providing environmental health programs in the state;
109          (ii) delineates the responsibilities of the department and each local health department
110     for the efficient delivery of environmental programs using federal, state, and local authorities,
111     responsibilities, and resources;
112          (iii) provides for the delegation of authority and pass through of funding to local health
113     departments for environmental programs, to the extent allowed by applicable law, identified in
114     the plan, and requested by the local health department; and
115          (iv) is reviewed and updated annually;
116          (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
117     Rulemaking Act, as follows:
118          (i) for a board created in Section 19-1-106, rules regarding:
119          (A) board meeting attendance; and
120          (B) conflicts of interest procedures; and

121          (ii) procedural rules that govern:
122          (A) an adjudicative proceeding, consistent with Section 19-1-301; and
123          (B) a special adjudicative proceeding, consistent with Section 19-1-301.5; [and]
124          (e) ensure that [any] training or certification required of a public official or public
125     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
126     22, State Training and Certification Requirements, if the training or certification is required:
127          (i) under this title;
128          (ii) by the department; or
129          (iii) by an agency or division within the department[.]; and
130          (f) subject to Subsection (2), establish annual fees that conform with Title V of the
131     Clean Air Act for each regulated pollutant as defined in Section 19-2-109.1, applicable to a
132     source subject to the Title V program.
133          (2) (a) A fee established under Subsection (1)(f) is in addition to a fee assessed under
134     Subsection (6)(i) for issuance of an approval order.
135          (b) In establishing a fee under Subsection (1)(f), the department shall comply with
136     Section 63J-1-504 that requires a public hearing and requires the established fee to be
137     submitted to the Legislature for the Legislature's approval as part of the department's annual
138     appropriations request.
139          (c) A fee established under this section shall cover the reasonable direct and indirect
140     costs required to develop and administer the Title V program and the small business assistance
141     program established under Section 19-2-109.2.
142          (d) A fee established under Subsection (1)(f) shall be established for all sources subject
143     to the Title V program and for all regulated pollutants.
144          (e) An emission fee may not be assessed for a regulated pollutant if the emissions are
145     already accounted for within the emissions of another regulated pollutant.
146          (f) An emission fee may not be assessed for any amount of a regulated pollutant
147     emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
148          (g) An emission fee shall be based on actual emissions for a regulated pollutant unless
149     a source elects, before the issuance or renewal of a permit, to base the fee during the period of
150     the permit on allowable emissions for that regulated pollutant.
151          (h) The fees collected by the department under Subsection (1)(f) and penalties

152     collected under Subsection 19-2-109.1(4) shall be deposited into the General Fund as the Air
153     Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable
154     direct and indirect costs incurred by the department in developing and administering the
155     program and the small business assistance program under Section 19-2-109.2.
156          [(2)] (3) The department shall establish a committee that consists of:
157          (a) the executive director or the executive director's designee;
158          (b) two representatives of the department appointed by the executive director; and
159          (c) three representatives of local health departments appointed by a group of all the
160     local health departments in the state.
161          [(3)] (4) The committee established in Subsection [(2)] (3) shall:
162          (a) review the allocation of environmental quality resources between the department
163     and the local health departments;
164          (b) evaluate department policies that affect local health departments;
165          (c) consider policy changes proposed by the department or by local health departments;
166          (d) coordinate the implementation of environmental quality programs to maximize
167     environmental quality resources; and
168          (e) review each department application for any grant from the federal government that
169     affects a local health department before the department submits the application.
170          [(4)] (5) The committee shall create bylaws to govern the committee's operations.
171          [(5)] (6) The department may:
172          (a) investigate matters affecting the environment;
173          (b) investigate and control matters affecting the public health when caused by
174     environmental hazards;
175          (c) prepare, publish, and disseminate information to inform the public concerning
176     issues involving environmental quality;
177          (d) establish and operate programs, as authorized by this title, necessary for protection
178     of the environment and public health from environmental hazards;
179          (e) use local health departments in the delivery of environmental health programs to
180     the extent provided by law;
181          (f) enter into contracts with local health departments or others to meet responsibilities
182     established under this title;

183          (g) acquire real and personal property by purchase, gift, devise, and other lawful
184     means;
185          (h) prepare and submit to the governor a proposed budget to be included in the budget
186     submitted by the governor to the Legislature;
187          [(i) (i) establish a schedule of fees that may be assessed for actions and services of the
188     department according to the procedures and requirements of Section 63J-1-504; and]
189          [(ii) in accordance with Section 63J-1-504, all fees shall be reasonable, fair, and reflect
190     the cost of services provided;]
191          (i) in accordance with Section 63J-1-504, establish a schedule of fees that may be
192     assessed for actions and services of the department that are reasonable, fair, and reflect the cost
193     of services provided;
194          (j) for an owner or operator of a source subject to a fee established by Subsection (6)(i)
195     who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in addition to
196     the fee, plus interest on the fee computed at 12% annually;
197          [(j)] (k) prescribe by rule reasonable requirements not inconsistent with law relating to
198     environmental quality for local health departments;
199          [(k)] (l) perform the administrative functions of the boards established by Section
200     19-1-106, including the acceptance and administration of grants from the federal government
201     and from other sources, public or private, to carry out the board's functions;
202          [(l)] (m) upon the request of [any] a board or a division director, provide professional,
203     technical, and clerical staff and field and laboratory services, the extent of which are limited by
204     the [funds] money available to the department for the staff and services; and
205          [(m)] (n) establish a supplementary fee, not subject to Section 63J-1-504, to provide
206     service that the person paying the fee agrees by contract to be charged for the service [in order]
207     to efficiently [utilize] use department resources, protect department permitting processes,
208     address extraordinary or unanticipated stress on permitting processes, or make use of
209     specialized expertise.
210          [(6)] (7) In providing service under Subsection [(5)(m)] (6)(n), the department may not
211     provide service in a manner that impairs [any other] another person's service from the
212     department.
213          [(7)] (8) (a) As used in this Subsection [(7)] (8):

214          (i) "Environmental impacts" means:
215          (A) impacts on air quality, including impacts associated with air emissions; and
216          (B) impacts on water quality, including impacts associated with storm water runoff.
217          (ii) "Inland port" means the same as that term is defined in Section 11-58-102.
218          (iii) "Inland port area" means the area in and around the inland port that bears the
219     environmental impacts of destruction, construction, development, and operational activities
220     within the inland port.
221          (iv) "Monitoring facilities" means:
222          (A) for monitoring air quality, a sensor system consisting of monitors to measure levels
223     of research-grade particulate matter, ozone, and oxides of nitrogen, and data logging equipment
224     with internal data storage [which] that are interconnected at all times to capture air quality
225     readings and store data; and
226          (B) for monitoring water quality, facilities to collect groundwater samples, including in
227     existing conveyances and outfalls, to evaluate sediment, metals, organics, and nutrients due to
228     storm water.
229          (b) The department shall:
230          (i) develop and implement a sampling and analysis plan to:
231          (A) characterize the environmental baseline for air quality and water quality in the
232     inland port area;
233          (B) characterize the environmental baseline for only air quality for the Salt Lake
234     International Airport; and
235          (C) define the frequency, parameters, and locations for monitoring;
236          (ii) establish and maintain monitoring facilities to measure the environmental impacts
237     in the inland port area arising from destruction, construction, development, and operational
238     activities within the inland port;
239          (iii) publish the monitoring data on the department's website; and
240          (iv) provide at least annually before November 30 a written report summarizing the
241     monitoring data to:
242          (A) the Utah Inland Port Authority board, established under Title 11, Chapter 58, Part
243     3, Port Authority Board; and
244          (B) the Legislative Management Committee.

245          Section 3. Section 19-2-108 is amended to read:
246          19-2-108. Notice of construction or modification of installations required --
247     Authority of director to prohibit construction -- Hearings -- Limitations on authority of
248     director -- Inspections authorized.
249          (1) Notice shall be given to the director by a person planning to:
250          (a) construct a new installation [which] that will or might reasonably be expected to be
251     a source or indirect source of air pollution [or to];
252          (b) make modifications to an existing installation [which] that will or might reasonably
253     be expected to increase the amount of or change the character or effect of air pollutants
254     discharged, so that the installation may be expected to be a source or indirect source of air
255     pollution[,]; or [by a person planning to]
256          (c) install an air cleaning device or other equipment intended to control emission of air
257     pollutants.
258          (2) A person may not operate a source of air pollution required to have a permit by a
259     rule adopted under Section 19-2-104 or 19-2-107 without having obtained a permit from the
260     director under procedures the board establishes by rule.
261          [(2)] (3) (a) The director may require, as a condition precedent to the construction,
262     modification, installation, or establishment of the air pollutant source or indirect source, the
263     submission of plans, specifications, and other information as [he] the director finds necessary
264     to determine whether the proposed construction, modification, installation, or establishment
265     will be in accord with applicable rules in force under this chapter, and the payment of a new
266     source review fee established under Subsection 19-1-201(6)(i).
267          (b) If within 90 days after the receipt of plans, specifications, or other information
268     required under this [subsection] Subsection (3), the director determines that the proposed
269     construction, installation, or establishment or any part of it will not be in accord with the
270     requirements of this chapter or applicable rules or that further time, not exceeding three
271     extensions of 30 days each, is required by the director to adequately review the plans,
272     specifications, or other information, [he] the director shall issue an order prohibiting the
273     construction, installation, or establishment of the air pollutant source or sources in whole or in
274     part.
275          [(3)] (4) In addition to any other remedies but [prior to] before invoking any [such]

276     other remedies, a person aggrieved by the issuance of an order either granting or denying a
277     request for the construction of a new installation, [shall,] upon request, in accordance with the
278     rules of the department, [be] is entitled to a special adjudicative proceeding conducted by an
279     administrative law judge as provided by Section 19-1-301.5.
280          [(4) Any features, machines, and devices constituting parts of] (5) A feature, machine,
281     or device constituting a part of or called for by plans, specifications, or other information
282     submitted under Subsection (1) shall be maintained in good working order.
283          [(5)] (6) This section does not authorize the director to require the use of machinery,
284     devices, or equipment from a particular supplier or produced by a particular manufacturer if the
285     required performance standards may be met by machinery, devices, or equipment otherwise
286     available.
287          [(6)] (7) (a) An authorized officer, employee, or representative of the director may enter
288     and inspect [any] a property, premise, or place on or at which an air pollutant source is located
289     or is being constructed, modified, installed, or established at [any] a reasonable time for the
290     purpose of ascertaining the state of compliance with this chapter and the rules adopted under
291     [it] this chapter.
292          (b) (i) A person may not refuse entry or access to an authorized representative of the
293     director who requests entry for purposes of inspection and who presents appropriate
294     credentials.
295          (ii) A person may not obstruct, hamper, or interfere with an inspection.
296          (c) If requested, the owner or operator of the premises shall receive a report setting
297     forth [all] the facts found [which] that relate to compliance status.
298          Section 4. Section 19-2-109.1 is amended to read:
299          19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
300          (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
301          (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
302          (b) "EPA" means the federal Environmental Protection Agency.
303          (c) "Operating permit" means a permit issued by the director to sources of air pollution
304     that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
305          (d) "Program" means the air pollution operating permit program established under this
306     section to comply with Title V of the 1990 Clean Air Act.

307          (e) "Regulated pollutant" means the same as that term is defined in Title V of the 1990
308     Clean Air Act and implementing federal regulations.
309          (2) A person may not operate a source of air pollution required to have a permit under
310     Title V of the 1990 Clean Air Act without having obtained an operating permit from the
311     director under procedures the board establishes by rule.
312          (3) (a) Operating permits issued under this section shall be for a period of five years
313     unless the director makes a written finding, after public comment and hearing, and based on
314     substantial evidence in the record, that an operating permit term of less than five years is
315     necessary to protect the public health and the environment of the state.
316          (b) The director may issue, modify, or renew an operating permit only after providing
317     public notice, an opportunity for public comment, and an opportunity for a public hearing.
318          (c) The director shall, in conformity with the 1990 Clean Air Act and implementing
319     federal regulations, revise the conditions of issued operating permits to incorporate applicable
320     federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the
321     remaining period of the permit is three or more years.
322          (d) The director may terminate, modify, revoke, or reissue an operating permit for
323     cause.
324          [(4) (a) The board shall establish a proposed annual emissions fee that conforms with
325     Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
326     required to obtain a permit. The emissions fee established under this section is in addition to
327     fees assessed under Section 19-2-108 for issuance of an approval order.]
328          [(b) In establishing the fee the board shall comply with the provisions of Section
329     63J-1-504 that require a public hearing and require the established fee to be submitted to the
330     Legislature for its approval as part of the department's annual appropriations request.]
331          [(c) The fee shall cover all reasonable direct and indirect costs required to develop and
332     administer the program and the small business assistance program established under Section
333     19-2-109.2. The director shall prepare an annual report of the emissions fees collected and the
334     costs covered by those fees under this Subsection (4).]
335          [(d) The fee shall be established uniformly for all sources required to obtain an
336     operating permit under the program and for all regulated pollutants.]
337          [(e) The fee may not be assessed for emissions of any regulated pollutant if the

338     emissions are already accounted for within the emissions of another regulated pollutant.]
339          [(f) An emissions fee may not be assessed for any amount of a regulated pollutant
340     emitted by any source in excess of 4,000 tons per year of that regulated pollutant.]
341          [(5) Emissions fees shall be based on actual emissions for a regulated pollutant unless a
342     source elects, prior to the issuance or renewal of a permit, to base the fee during the period of
343     the permit on allowable emissions for that regulated pollutant.]
344          [(6)] (4) If the owner or operator of a source subject to this section fails to timely pay
345     [an annual emissions] a fee established under Subsection 19-1-201(1)(f), the director may:
346          (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
347     interest on the fee computed at 12% annually; or
348          (b) revoke the operating permit.
349          [(7)] (5) The owner or operator of a source subject to this section may contest [an
350     emissions] a fee assessment or associated penalty in an adjudicative hearing under the Title
351     63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301, as provided in this
352     Subsection [(7)] (5).
353          (a) The owner or operator shall pay the fee under protest [prior to] before being entitled
354     to a hearing. Payment of [an emissions] a fee or penalty under protest is not a waiver of the
355     right to contest the fee or penalty under this section.
356          (b) A request for a hearing under this Subsection [(7)] (5) shall be made after payment
357     of the [emissions] fee and within six months after the [emissions] fee was due.
358          [(8)] (6) To reinstate an operating permit revoked under Subsection [(6)] (4) the owner
359     or operator shall pay [all] the outstanding [emissions] fees, a penalty of not more than 50% of
360     [all] outstanding fees, and interest on the outstanding [emissions] fees computed at 12%
361     annually.
362          [(9) All emissions fees and penalties collected by the department under this section
363     shall be deposited in the General Fund as the Air Pollution Operating Permit Program
364     dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
365     the department in developing and administering the program and the small business assistance
366     program under Section 19-2-109.2.]
367          [(10)] (7) Failure of the director to act on an operating permit application or renewal is
368     a final administrative action only for the purpose of obtaining judicial review by any of the

369     following persons to require the director to take action on the permit or [its] the permit's
370     renewal without additional delay:
371          (a) the applicant;
372          (b) a person who participated in the public comment process; or
373          (c) a person who could obtain judicial review of that action under applicable law.
374          Section 5. Section 19-3-103.1 is enacted to read:
375          19-3-103.1. Board authority and duties under this part.
376          (1) The board may:
377          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
378     Rulemaking Act, that are necessary to implement this part;
379          (b) (i) hold a hearing that is not an adjudicative proceeding; or
380          (ii) appoint a hearing officer to conduct a hearing that is not an adjudicative
381     proceeding;
382          (c) accept, receive, and administer grants or other money or gifts from public and
383     private agencies, including the federal government, for the purpose of carrying out any function
384     of this chapter;
385          (d) order the director to impound radioactive material in accordance with Section
386     19-3-111; or
387          (e) advise, consult, cooperate with, or provide technical assistance to another agency of
388     the state or federal government, another state, an interstate agency, an affected group, an
389     affected political subdivision, an affected industry, or other person in carrying out the purposes
390     of this part.
391          (2) The board shall:
392          (a) promote the planning and application of pollution prevention and radioactive waste
393     minimization measures to prevent the unnecessary waste and depletion of natural resources;
394          (b) to ensure compliance with applicable statutes and rules:
395          (i) review a settlement negotiated by the director in accordance with Subsection
396     19-3-108.1(2)(c) that requires a civil penalty equal to or greater than $25,000; and
397          (ii) approve or disapprove the settlement described in Subsection (2)(b)(i);
398          (c) review the qualifications of, and issue certificates of approval to, individuals who:
399          (i) survey mammography equipment; or

400          (ii) oversee quality assurance practices at mammography facilities.
401          (3) The board may not issue, amend, renew, modify, revoke, or terminate any of the
402     following that are subject to the authority granted to the director under Section 19-3-108.1:
403          (a) a permit;
404          (b) a license;
405          (c) a registration;
406          (d) a certification; or
407          (e) another administrative authorization made by the director.
408          Section 6. Section 19-3-108.1 is enacted to read:
409          19-3-108.1. Powers and duties of director.
410          (1) The director shall, in connection with this chapter and rules of the board adopted
411     under this part:
412          (a) develop programs to promote and protect the public from radiation sources in the
413     state;
414          (b) advise, consult, cooperate with, and provide technical assistance to another agency,
415     a state, the federal government, a political subdivision, an industry, or another person in
416     carrying out this part;
417          (c) receive specifications or other information relating to a licensing application for
418     radioactive material or registration of a radiation source for review, approval, disapproval, or
419     termination;
420          (d) issue a permit, license, registration, certification, or other administrative
421     authorization;
422          (e) review and approve a plan;
423          (f) assess a penalty in accordance with Section 19-3-109;
424          (g) impound radioactive material under Section 19-3-111;
425          (h) issue an order necessary to enforce this part;
426          (i) enforce an order by an appropriate administrative and judicial proceeding; and
427          (j) institute a judicial proceeding to secure compliance with this part.
428          (2) The director may:
429          (a) cooperate with any person in studies, research, or demonstration projects regarding
430     radioactive waste management or control of radiation sources;

431          (b) employ employees as may be reasonably necessary to carry out this part;
432          (c) subject to Subsection 19-3-103.1(2)(b), settle or compromise any administrative or
433     civil action initiated to compel compliance with this part and rules adopted under this part; and
434          (d) authorize employees or representatives of the department to enter, at reasonable
435     times and upon reasonable notice, in and upon public or private property for the purpose of
436     inspecting and investigating conditions and records concerning radiation sources and as
437     otherwise authorized by this part.
438          Section 7. Section 19-4-104 is amended to read:
439          19-4-104. Powers of board.
440          (1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah
441     Administrative Rulemaking Act:
442          (i) establishing standards that prescribe the maximum contaminant levels in [any] a
443     public water system and provide for monitoring, record-keeping, and reporting of water quality
444     related matters;
445          (ii) governing design, construction, operation, and maintenance of public water
446     systems;
447          (iii) granting variances and exemptions to the requirements established under this
448     chapter that are not less stringent than those allowed under federal law;
449          (iv) protecting watersheds and water sources used for public water systems;
450          (v) governing capacity development in compliance with Section 1420 of the federal
451     Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and
452          (vi) for a community water system failing to comply with the reporting requirements
453     under Subsections (1)(c)(iv) and (v):
454          (A) establishing fines and penalties, including posting on the division's web page those
455     community water systems that fail to comply with the reporting requirements; and
456          (B) allowing a community water system, in lieu of penalties established under
457     Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the [division] director
458     that requires compliance and establishes a compliance schedule approved by the director.
459          (b) The board may:
460          [(i) order the director to:]
461          [(A) issue orders necessary to enforce the provisions of this chapter;]

462          [(B) enforce the orders by appropriate administrative and judicial proceedings; or]
463          [(C) institute judicial proceedings to secure compliance with this chapter;]
464          [(ii) (A)] (i) hold a hearing that is not an adjudicative proceeding relating to an aspect
465     of, or matter in, the administration of this chapter; [or]
466          [(B)] (ii) appoint a hearing [officers] officer to conduct a hearing that is not an
467     adjudicative proceeding; [or]
468          (iii) recommend that the director:
469          (A) issue an order necessary to enforce this chapter;
470          (B) enforce an order by appropriate administrative and judicial proceedings;
471          (C) institute a judicial proceeding to secure compliance with this chapter; or
472          (D) advise, consult, contract, and cooperate with another agency of the state, a local
473     government, an industry, another state, an interstate or interlocal agency, the federal
474     government, or an interested person; or
475          [(iii)] (iv) request and accept financial assistance from other public agencies, private
476     entities, and the federal government to carry out the purposes of this chapter.
477          (c) The board shall:
478          (i) require the submission to the director of plans and specifications for construction of,
479     substantial addition to, or alteration of public water systems for review and approval by the
480     [board] director before that action begins and require any modifications or impose any
481     conditions that may be necessary to carry out the purposes of this chapter;
482          (ii) advise, consult, cooperate with, provide technical assistance to, and enter into
483     agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
484     municipalities, local health departments, educational institutions, and others necessary to carry
485     out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
486     local jurisdictions;
487          (iii) develop and implement an emergency plan to protect the public when declining
488     drinking water quality or quantity creates a serious health risk and issue emergency orders if a
489     health risk is imminent;
490          (iv) require a community water system serving a population of 500 or more to annually
491     collect accurate water use data, described in Subsection [(6)](7), and annually report that data
492     to the Division of Water Rights;

493          (v) require a certified operator, or a professional engineer performing the duties of a
494     certified water operator, to verify by certification or license number the accuracy of water use
495     data reported by a public water system, including the data required from a community water
496     system under Subsection (1)(c)(iv); [and]
497          (vi) meet the requirements of federal law related or pertaining to drinking water[.]; and
498          (vii) to ensure compliance with applicable statutes and rules:
499          (A) review a settlement negotiated by the director in accordance with Subsection
500     19-4-109(3) that requires a civil penalty equal to or greater than $25,000; and
501          (B) approve or disapprove the settlement described in Subsection (1)(c)(vii)(A).
502          (2) (a) The board may adopt [and enforce] standards and establish fees for certification
503     of operators of [any] a public water system.
504          (b) The board may not require certification of operators for a water system serving a
505     population of 800 or less except:
506          (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
507     Water Act, 42 U.S.C. Sec. 300f et seq.; and
508          (ii) for a system that is required to treat its drinking water.
509          (c) The certification program shall be funded from certification and renewal fees.
510          (3) Routine extensions or repairs of existing public water systems that comply with the
511     rules and do not alter the public water system's ability to provide an adequate supply of water
512     are exempt from [the provisions of] Subsection (1)(c)(i).
513          (4) (a) The board may adopt [and enforce] standards and establish fees for certification
514     of persons engaged in administering cross connection control programs or backflow prevention
515     assembly training, repair, and maintenance testing.
516          (b) The certification program shall be funded from certification and renewal fees.
517          (5) The board may not issue, amend, renew, modify, revoke, or terminate any of the
518     following that are subject to the authority granted to the director under this chapter:
519          (a) a permit;
520          (b) a license;
521          (c) a registration;
522          (d) a certificate; or
523          (e) another administrative authorization made by the director.

524          [(5)] (6) A board member may not speak or act for the board unless the board member
525     is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
526          [(6)] (7) (a) The water use data required to be collected in Subsection (1)(c)(iv) shall
527     include peak day source demand, average annual demand, the number of equivalent residential
528     connections for retail service, and the quantity of non-revenue water.
529          (b) The division may, by rule, establish:
530          (i) other types of water use data required to be collected in addition to that listed in
531     Subsection [(6)] (7)(a); and
532          (ii) alternative methods for calculating the water use data listed in Subsection [(6)]
533     (7)(a).
534          Section 8. Section 19-4-106 is amended to read:
535          19-4-106. Director -- Appointment -- Authority.
536          (1) The executive director shall appoint the director. The director shall serve under the
537     administrative direction of the executive director.
538          (2) The director shall:
539          (a) develop programs to promote and protect the quality of the public drinking water
540     supplies of the state;
541          (b) advise, consult, and cooperate with other agencies of this and other states, the
542     federal government, and with other groups, political subdivisions, and industries in furtherance
543     of the purpose of this chapter;
544          (c) review plans, specifications, and other data pertinent to proposed or expanded water
545     supply systems to ensure proper design and construction; and
546          (d) subject to the provisions of this chapter, enforce rules made by the board through
547     the issuance of orders [which] that may be subsequently revoked, which [rules] orders may
548     require:
549          (i) discontinuance of use of unsatisfactory sources of drinking water;
550          (ii) suppliers to notify the public concerning the need to boil water; or
551          (iii) suppliers in accordance with existing rules, to take remedial actions necessary to
552     protect or improve an existing water system; and
553          (e) as authorized by the board and subject to the provisions of this chapter, act as
554     executive secretary of the board under the direction of the [chairman] chair of the board.

555          (3) The director may authorize employees or agents of the department, after reasonable
556     notice and presentation of credentials, to enter any part of a public water system at reasonable
557     times to inspect the facilities and water quality records required by board rules, conduct
558     sanitary surveys, take samples, and investigate the standard of operation and service delivered
559     by public water systems.
560          (4) As provided in this chapter and in accordance with rules made by the board:
561          (a) the director may issue and enforce a notice of violation and an administrative order;
562     and
563          (b) the director may assess and make a demand for payment of an administrative
564     penalty arising from a violation of this chapter, a rule or order issued under the authority of this
565     chapter, or the terms of a permit or other administrative authorization issued under the
566     authority of this chapter.
567          Section 9. Section 19-4-107 is amended to read:
568          19-4-107. Notice of violation -- Action by attorney general.
569          (1) Upon discovery of any violation of this chapter or a rule [or order] of the board,
570     [the board or] the director shall promptly notify the supplier of the violation, state the nature of
571     the violation, and issue an order requiring correction of that violation or the filing of a request
572     for variance or exemption by a specific date.
573          (2) The attorney general shall, upon request of the director, commence an action for an
574     injunction or other relief relative to the order.
575          Section 10. Section 19-4-109 is amended to read:
576          19-4-109. Violations -- Penalties -- Reimbursement for expenses.
577          [(1) Any person that violates any rule or order made or issued pursuant to this chapter
578     is subject to a civil penalty of not more than $1,000 per day for each day of violation. The
579     board may assess and make a demand for payment of a penalty under this section by directing
580     the director to issue a notice of agency action under Title 63G, Chapter 4, Administrative
581     Procedures Act.]
582          (1) As used in this section, "criminal negligence" means the same as that term is
583     defined in Section 76-2-103.
584          (2) (a) A person who violates this chapter, a rule or order issued under the authority of
585     this chapter, or the terms of a permit or other administrative authorization issued under the

586     authority of this chapter is subject to an administrative penalty:
587          (i) not to exceed $1,000 per day per violation, with respect to a public water system
588     serving a population of less than 10,000 individuals; or
589          (ii) exactly $1,000 per day per violation, with respect to a public water system serving
590     a population of more than 10,000 individuals.
591          (b) In all cases, each day of violation is considered a separate violation.
592          (3) The director may assess and make a demand for payment of an administrative
593     penalty under this section and may compromise or settle that penalty.
594          (4) To make a demand for payment of an administrative penalty assessed under this
595     section, the director shall issue a notice of agency action, specifying, in addition to the
596     requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative
597     Procedures Act:
598          (a) the date, facts, and nature of each act or omission charged;
599          (b) the provision of the statute, rule, order, permit, or administrative authorization that
600     is alleged to have been violated;
601          (c) each penalty that the director proposes to assess, together with the amount and date
602     of effect of that penalty; and
603          (d) that failure to pay the penalty or respond may result in a civil action for collection.
604          (5) A person notified according to Subsection (4) may request an adjudicative
605     proceeding.
606          (6) Upon request by the director, the attorney general may institute a civil action to
607     collect a penalty assessed under this section.
608          [(2)] (7) (a) [Any] A person [that willfully] who, with criminal negligence, violates any
609     rule or order made or issued pursuant to this chapter, or [that willfully] with criminal
610     negligence fails to take [any] corrective action required by [such] an order, is guilty of a class B
611     misdemeanor and subject to a fine of not more than $5,000 per day for each day of violation.
612          (b) In addition, the person is subject, in a civil proceeding, to a penalty of not more
613     than $5,000 per day for each day of violation.
614          (8) (a) The director may bring a civil action for appropriate relief, including a
615     permanent or temporary injunction, for a violation for which the director is authorized to issue
616     a compliance order under Section 19-4-107.

617          (b) The director shall bring an action under this Subsection (8) in the district court
618     where the violation occurs.
619          (9) (a) The attorney general is the legal advisor for the board and the director and shall
620     defend them in an action or proceeding brought against the board or director.
621          (b) The county attorney or district attorney, as appropriate under Section 17-18a-202 or
622     17-18a-203, in the county in which a cause of action arises, shall bring an action, civil or
623     criminal, requested by the director, to abate a condition that exists in violation of, or to
624     prosecute for the violation of, or to enforce the laws or the standards, orders, and rules of the
625     board or the director issued under this chapter.
626          (c) The director may initiate action under this section and be represented by the
627     attorney general.
628          (10) If a person fails to comply with a cease and desist order that is not subject to a stay
629     pending administrative or judicial review, the director may initiate an action for and be entitled
630     to injunctive relief to prevent further or continued violation of the order.
631          (11) A bond may not be required for injunctive relief under this chapter.
632          [(3)] (12) (a) Except as provided in Subsection [(3)] (12)(b), [all penalties] a penalty
633     assessed and collected under the authority of this section shall be deposited [in] into the
634     General Fund.
635          (b) The department may reimburse itself and local governments from money collected
636     from civil penalties for extraordinary expenses incurred in environmental enforcement
637     activities.
638          (c) The department shall regulate reimbursements by making rules that define:
639          (i) [define] qualifying environmental enforcement activities; and
640          (ii) [define] qualifying extraordinary expenses.
641          Section 11. Section 19-4-114 is amended to read:
642          19-4-114. Source and storage minimum sizing requirements for public water
643     systems.
644          (1) (a) Except as provided in Subsection (1)(b) [and], upon submission of plans for a
645     substantial addition to or alteration of a community water system, the director shall establish
646     system-specific source and storage minimum sizing requirements for a community water
647     system serving a population of more than 3,300 based on at least the most recent three years of

648     a community water system's actual water use data submitted in accordance with Subsections
649     19-4-104(1)(c)(iv) and (v).
650          (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available
651     to the division, or if the community water system determines that the data submitted does not
652     represent future system use, the director may establish source and storage minimum sizing
653     requirements for the community water system based on:
654          (i) an engineering study submitted by the community water system and accepted by the
655     director; or
656          (ii) at least three years of historical water use data that is:
657          (A) submitted by the community water system; and
658          (B) accepted by the director.
659          (c) A community water system serving a population of more than 3,300 shall provide
660     the information necessary to establish the system-specific standards described in this
661     Subsection (1) by no later than March 1, 2019.
662          (2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b),
663     the director shall establish system-specific source and storage minimum sizing requirements for
664     a community water system serving a population of between 500 and no more than 3,300 based
665     on at least the most recent three years of a community water system's actual water use data
666     submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v).
667          (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available
668     to the division, or if the community water system determines that the data submitted does not
669     represent future system use, the director may establish source and storage minimum sizing
670     requirements for the community water system based on:
671          (i) an engineering study submitted by the community water system and accepted by the
672     director; or
673          (ii) at least three years of historical water use data that is:
674          (A) submitted by the community water system; and
675          (B) accepted by the director.
676          (c) A community water system serving a population of between 500 and no more than
677     3,300 shall provide the information necessary to establish system-specific standards described
678     in this Subsection (2) by no later than March 1, 2023.

679          (3) The director shall establish system-specific source and storage minimum sizing
680     requirements for a community water system serving a population of fewer than 500 based on:
681          (a) at least the most recent three years of a community water system's actual water use
682     data submitted to the division and accepted by the director;
683          (b) an engineering study submitted by the community water system and accepted by the
684     director;
685          (c) standards, comparable to those of established community water systems, as
686     determined by the director; or
687          (d) relevant information, as determined by the director.
688          (4) The director shall:
689          (a) for community water systems described in Subsection (3), establish a schedule to
690     transition from statewide sizing standards to system-specific standards;
691          (b) establish minimum sizing standards for public water systems that are not
692     community water systems;
693          (c) provide for the routine evaluation of changes to the system-specific standards; and
694          (d) include, as part of system-specific standards, necessary fire storage capacity in
695     accordance with the state fire code adopted under Section 15A-1-403 and as determined by the
696     local fire code official.
697          (5) The director may adjust system-specific sizing standards, established under this
698     section for a public water system, based on information submitted by the public water system
699     addressing the effect of any wholesale water deliveries or other system-specific conditions
700     affecting infrastructure needs.
701          (6) A wholesale water supplier is exempt from this section if the wholesale water
702     supplier serves:
703          (a) a total population of more than 10,000; and
704          (b) a wholesale population that is 75% or more of the total population served.
705          Section 12. Section 19-5-102 is amended to read:
706          19-5-102. Definitions.
707          As used in this chapter:
708          (1) "Agriculture discharge":
709          (a) means the release of agriculture water from the property of a farm, ranch, or feed lot

710     that:
711          (i) pollutes a Ŝ→ [
[] ←Ŝ surface body of water, including a stream, lake, pond, marshland,
712     watercourse, waterway, river, ditch, and other water conveyance system of the state;
712a          (ii)
713     pollutes the ground water of the state Ŝ→ [
] water of the state] ←Ŝ ; or
714          Ŝ→ [
[] ←Ŝ (iii) Ŝ→ [] (ii)] ←Ŝ constitutes a significant nuisance on urban land; and
715          (b) does not include:
716          (i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land
717     that is not part of a Ŝ→ [
[] ←Ŝ body of Ŝ→ []] ←Ŝ water Ŝ→ [of the state] ←Ŝ ; or
718          (ii) a release into a normally dry water conveyance [to an active body of water], unless
719     the release reaches Ŝ→ [
[] ←Ŝ the water of a lake, pond, stream, marshland, river, or other active body
719a     of Ŝ→ [
]
720     a
] ←Ŝ
water Ŝ→ [of the state] ←Ŝ .
721          (2) "Agriculture water" means:
722          (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
723          (b) return flows from irrigated agriculture; and
724          (c) agricultural storm water runoff.
725          (3) "Board" means the Water Quality Board created in Section 19-1-106.
726          (4) "Commission" means the Conservation Commission, created in Section 4-18-104.
727          (5) "Contaminant" means [any] a physical, chemical, biological, or radiological
728     substance or matter in water.
729          (6) "Director" means the director of the Division of Water Quality or, for purposes of
730     groundwater quality at a facility licensed by and under the jurisdiction of the Division of
731     Waste Management and Radiation Control, the director of the Division of Waste Management
732     and Radiation Control.
733          (7) "Discharge" means the addition of [any] a pollutant to [any] waters of the state.
734          (8) "Discharge permit" means a permit issued to a person who:
735          (a) discharges or whose activities would probably result in a discharge of pollutants
736     into the waters of the state; or
737          (b) generates or manages sewage sludge.
738          (9) "Disposal system" means a system for disposing of wastes and includes sewerage
739     systems and treatment works.
740          (10) "Division" means the Division of Water Quality, created in Subsection

741     19-1-105(1)(e).
742          (11) "Effluent limitations" means [any] restrictions, requirements, or prohibitions,
743     including schedules of compliance established under this chapter, [which] that apply to
744     discharges.
745          (12) "Point source":
746          (a) means [any] discernible, confined, and discrete conveyance, including [any] a pipe,
747     ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
748     animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
749     discharged; and
750          (b) does not include return flows from irrigated agriculture.
751          (13) "Pollution" means [any] a man-made or man-induced alteration of the chemical,
752     physical, biological, or radiological integrity of [any] waters of the state, unless the alteration is
753     necessary for the public health and safety.
754          (14) "Publicly owned treatment works" means [any] a facility for the treatment of
755     pollutants owned by the state, its political subdivisions, or other public entity.
756          (15) "Schedule of compliance" means a schedule of remedial measures, including an
757     enforceable sequence of actions or operations leading to compliance with this chapter.
758          (16) "Sewage sludge" means [any] solid, semisolid, or liquid residue removed during
759     the treatment of municipal wastewater or domestic sewage.
760          (17) "Sewerage system" means pipelines or conduits, pumping stations, and [all] other
761     constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to
762     a point of ultimate disposal.
763          (18) "Total maximum daily load" means a calculation of the maximum amount of a
764     pollutant that a body of water can receive and still meet water quality standards.
765          (19) "Treatment works" means [any] a plant, disposal field, lagoon, dam, pumping
766     station, incinerator, or other works used for the purpose of treating, stabilizing, or holding
767     wastes.
768          (20) "Underground injection" means the subsurface emplacement of fluids by well
769     injection.
770          (21) "Underground wastewater disposal system" means a system for [disposing]
771     underground disposal of domestic wastewater discharges as defined by the board and the

772     executive director.
773          (22) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue,
774     sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
775     materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
776     municipal, and agricultural waste discharged into water.
777          (23) "Waters of the state":
778          (a) means [all] streams, lakes, ponds, marshes, watercourses, waterways, wells,
779     springs, irrigation systems, drainage systems, and all other bodies or accumulations of water,
780     surface and underground, natural or artificial, public or private, [which] that are contained
781     within, flow through, or border upon this state or any portion of the state; and
782          (b) does not include bodies of water confined to and retained within the limits of
783     private property, and [which] that do not develop into or constitute a nuisance, a public health
784     hazard, or a menace to fish or wildlife.
785          Section 13. Section 19-5-104 is amended to read:
786          19-5-104. Powers and duties of board.
787          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
788     board may make rules that:
789          (a) taking into account Subsection (6):
790          (i) implement the awarding of construction loans to political subdivisions and
791     municipal authorities under Section 11-8-2, including:
792          (A) requirements pertaining to applications for [loans] a loan;
793          (B) requirements for determination of an eligible [projects] project;
794          (C) requirements for determination of the costs upon which [loans are] a loan is based,
795     which costs may include engineering, financial, legal, and administrative expenses necessary
796     for the construction, reconstruction, and improvement of a sewage treatment [plants] plant,
797     including a major [interceptors, collection systems, and other facilities] interceptor, collection
798     system, or other facility appurtenant to the plant;
799          (D) a priority schedule for awarding loans, in which the board may consider, in
800     addition to water pollution control needs, any financial needs relevant, including per capita
801     cost, in making a determination of priority; and
802          (E) requirements for determination of the amount of the loan;

803          (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
804     73-10c-4.5;
805          (iii) set effluent limitations and standards subject to Section 19-5-116;
806          (iv) implement or effectuate the powers and duties of the board; and
807          (v) protect the public health for the design, construction, operation, and maintenance of
808     underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
809     pit privies;
810          (b) govern inspection, monitoring, recordkeeping, and reporting requirements for
811     underground injections and require permits for underground injections, to protect drinking
812     water sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and
813     oil, recognizing that underground injection endangers drinking water sources if:
814          (i) injection may result in the presence of [any] a contaminant in underground water
815     that supplies or can reasonably be expected to supply [any] a public water system, as defined in
816     Section 19-4-102; and
817          (ii) the presence of the contaminant may:
818          (A) result in the public water system not complying with any national primary drinking
819     water standards; or
820          (B) otherwise adversely affect the health of persons;
821          (c) govern sewage sludge management, including permitting, inspecting, monitoring,
822     recordkeeping, and reporting requirements; and
823          (d) notwithstanding [the provisions of] Section 19-4-112, govern design and
824     construction of irrigation systems that:
825          (i) convey sewage treatment facility effluent of human origin in pipelines under
826     pressure, unless contained in surface pipes wholly on private property and for agricultural
827     purposes; and
828          (ii) are constructed after May 4, 1998.
829          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
830     the board shall adopt and enforce rules and establish fees to cover the costs of:
831          (i) managing the certification and testing program; and
832          (ii) testing for certification of operators of treatment works and sewerage systems
833     operated by political subdivisions.

834          (b) In establishing certification rules under Subsection (2)(a), the board shall:
835          (i) base the requirements for certification on the size, treatment process type, and
836     complexity of the treatment works and sewerage systems operated by political subdivisions;
837          (ii) allow operators until three years after the date of adoption of the rules to obtain
838     initial certification;
839          (iii) allow a new operator one year from the date the operator is hired by a treatment
840     plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
841     later, to obtain certification;
842          (iv) issue certification upon application and without testing, at a grade level
843     comparable to the grade of current certification to operators who are currently certified under
844     the voluntary certification plan for wastewater works operators as recognized by the board; and
845          (v) issue a certification upon application and without testing that is valid only at the
846     treatment works or sewerage system where that operator is currently employed if the operator:
847          (A) is in charge of and responsible for the treatment works or sewerage system on
848     March 16, 1991;
849          (B) has been employed at least 10 years in the operation of that treatment works or
850     sewerage system before March 16, 1991; and
851          (C) demonstrates to the board the operator's capability to operate the treatment works
852     or sewerage system at which the operator is currently employed by providing employment
853     history and references as required by the board.
854          (3) The board shall:
855          (a) develop programs for the prevention, control, and abatement of new or existing
856     pollution of the waters of the state;
857          (b) adopt, modify, or repeal standards of quality of the waters of the state and classify
858     those waters according to their reasonable uses in the interest of the public under conditions the
859     board may prescribe for the prevention, control, and abatement of pollution;
860          (c) give reasonable consideration in the exercise of its powers and duties to the
861     economic impact of water pollution control on industry and agriculture;
862          (d) meet the requirements of federal law related to water pollution;
863          (e) establish and conduct a continuing planning process for control of water pollution,
864     including the specification and implementation of maximum daily loads of pollutants;

865          (f) (i) approve, approve in part, approve with conditions, or deny, in writing, an
866     application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
867          (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
868     Reuse Act;
869          (g) (i) review [all] total daily maximum load reports and recommendations for water
870     quality end points and implementation strategies developed by the division before submission
871     of the report, recommendation, or implementation strategy to the EPA;
872          (ii) disapprove, approve, or approve with conditions [all] the staff total daily maximum
873     load recommendations; and
874          (iii) provide suggestions for further consideration to the Division of Water Quality in
875     the event a total daily maximum load strategy is rejected; and
876          (h) to ensure compliance with applicable statutes and regulations:
877          (i) review a settlement negotiated by the director in accordance with Subsection
878     19-5-106(2)(k) that requires a civil penalty of $25,000 or more; and
879          (ii) approve or disapprove the settlement described in Subsection (3)(h)(i).
880          (4) The board may:
881          (a) order the director to issue, modify, or revoke [orders] an order:
882          (i) prohibiting or abating discharges;
883          (ii) (A) requiring the construction of new treatment works or any parts of [them, or] the
884     new treatment works;
885          (B) requiring the modification, extension, or alteration of existing treatment works as
886     specified by board rule or any parts of [them,] existing treatment works; or
887          (C) the adoption of other remedial measures to prevent, control, or abate pollution;
888          (iii) setting standards of water quality, classifying waters or evidencing any other
889     determination by the board under this chapter; or
890          (iv) requiring compliance with this chapter and with rules made under this chapter;
891          (b) advise, consult, and cooperate with [other agencies] another agency of the state, the
892     federal government, [other states, or interstate agencies, or with affected groups, political
893     subdivisions, or industries] another state, an interstate agency, an affected group, an affected
894     political subdivision, or affected industry to further the purposes of this chapter; or
895          (c) delegate the authority to issue an operating permit to a local health department.

896          (5) In performing the duties listed in Subsections (1) through (4), the board shall give
897     priority to pollution that results in a hazard to the public health.
898          (6) The board shall take into consideration the availability of federal grants:
899          (a) in determining eligible project costs; and
900          (b) in establishing priorities pursuant to Subsection (1)(a)(i).
901          (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
902     following that are subject to the authority granted to the director under Section 19-5-106:
903          (a) a permit;
904          (b) a license;
905          (c) a registration;
906          (d) a certification; or
907          (e) another administrative authorization made by the director.
908          (8) A board member may not speak or act for the board unless the board member is
909     authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
910          Section 14. Section 19-5-104.5 is amended to read:
911          19-5-104.5. Legislative review and approval.
912          (1) Before sending a [board-approved report, strategy, or recommendation that will
913     recommend a] total maximum daily load [end point] and implementation strategy to the EPA
914     for review and approval, the Water Quality Board shall submit the [report, strategy, or
915     recommendation] total maximum daily load:
916          (a) for review to the Natural Resources, Agriculture, and Environment Interim
917     Committee if the [report, strategy, or recommendation] total maximum daily load will require a
918     public or private expenditure in excess of $10,000,000 but less than $100,000,000 for
919     compliance; or
920          (b) for approval to the Legislature if the [strategy] total maximum daily load will
921     require a public or private expenditure of $100,000,000 or more.
922          (2) (a) As used in this Subsection (2):
923          (i) "Expenditure" means the act of expending funds:
924          (A) by an individual public facility with a Utah Pollutant Discharge Elimination
925     System permit, or by a group of private agricultural facilities; and
926          (B) through an initial capital investment, or through operational costs over a three-year

927     period.
928          (ii) "Utah Pollutant Discharge Elimination System" means the state permit system
929     created in accordance with 33 U.S.C. Sec. 1342.
930          (b) Before the board adopts a nitrogen or phosphorus rule or standard, the board shall
931     submit the rule or standard as directed in Subsections (2)(c) and (d).
932          (c) (i) If compliance with the rule or standard requires an expenditure in excess of
933     $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to
934     the Natural Resources, Agriculture, and Environment Interim Committee.
935          (ii) (A) Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources,
936     Agriculture, and Environment Interim Committee shall review a rule or standard the board
937     submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment
938     Interim Committee's committee meeting immediately following the day on which the board
939     submits the rule or standard.
940          (B) If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days
941     after the day on which the board submits the rule or standard for review, the Natural Resources,
942     Agriculture, and Environment Interim Committee shall review the rule or standard during the
943     committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting
944     immediately following the committee meeting described in Subsection (2)(c)(ii)(A).
945          (d) If compliance with the rule or standard requires an expenditure of $10,000,000 or
946     more, the board shall submit the rule or standard for approval to the Legislature.
947          (e) (i) A facility shall estimate the cost of compliance with a board-proposed rule or
948     standard described in Subsection (2)(b) using:
949          (A) an independent, licensed engineer; and
950          (B) industry-accepted project cost estimate methods.
951          (ii) The board may evaluate and report on a compliance estimate described in
952     Subsection (2)(e)(i).
953          (f) If there is a discrepancy in the estimated cost to comply with a rule or standard, the
954     Office of the Legislative Fiscal Analyst shall determine the estimated cost to comply with the
955     rule or standard.
956          (3) In reviewing a [report, strategy, rule, standard, or recommendation] rule or
957     standard, the Natural Resources, Agriculture, and Environment Interim Committee may:

958          (a) consider the impact of the [report, strategy, rule, standard, or recommendation] rule
959     or standard on:
960          (i) economic costs and benefit;
961          (ii) public health; and
962          (iii) the environment;
963          (b) suggest additional areas of consideration; or
964          (c) recommend the [report, strategy, rule, standard, or recommendation] rule or
965     standard to the board for:
966          (i) adoption; or
967          (ii) re-evaluation followed by further review by the [committee] Natural Resources,
968     Agriculture, and Environment Interim Committee.
969          (4) When the Natural Resources, Agriculture, and Environment Interim Committee
970     sets the review of a rule or standard submitted under Subsection (2)(c)(i) as an agenda item, the
971     committee shall:
972          (a) before the review, directly inform the chairs of the Administrative Rules Review
973     Committee of the coming review, including the date, time, and place of the review; and
974          (b) after the review, directly inform the chairs of the Administrative Rules Review
975     Committee of the outcome of the review, including any recommendation.
976          Ŝ→ [
Section 15. Section 19-5-105 is amended to read:
977          19-5-105. Rulemaking authority and procedure.
978          (1) Except as provided in Subsections (2) and (3), [no] a rule that the board makes for
979     the purpose of the state administering a program under the federal Clean Water Act or the
980     federal Safe Drinking Water Act may not be more stringent than the corresponding federal
981     regulations [which] that address the same circumstances. In making rules, the board may
982     incorporate by reference corresponding federal regulations.
983          (2) The board may make rules more stringent than corresponding federal regulations
984     for the purpose described in Subsection (1), only if [it] the board makes a written finding after
985     public comment and hearing and based on evidence in the record that the corresponding federal
986     regulations are not adequate to protect public health and the environment of the state. Those
987     findings shall be accompanied by an opinion referring to and evaluating the public health and
988     environmental information and studies contained in the record which form the basis for the☆

989     ☆board's conclusion.
990          (3) The board may make rules related to agriculture water more stringent than the
991     corresponding federal regulations [if the commission approves] after consulting with the
992     commission.
] ←Ŝ
993          Section 16. Section 19-5-105.5 is amended to read:
994          19-5-105.5. Agriculture water.
995          (1) (a) The board shall draft any rules relating to agriculture water in cooperation with
996     the commission.
997          (b) The commission shall advise the board before the board may adopt [rules] a rule
998     relating to agriculture water.
999          (2) A program or rule adopted by the board for agriculture production or irrigation
1000     water shall:
1001          (a) be consistent with the federal Clean Water Act; and
1002          (b) if possible, be developed in a voluntary cooperative program with the agriculture
1003     producer associations and the commission.
1004          (3) (a) The board's authority to regulate a discharge is subject to Subsection (3)(b)
1005     relating to an agriculture discharge.
1006          (b) (i) A person responsible for an agriculture discharge shall mitigate the resulting
1007     damage in a reasonable manner, as approved by the director after consulting with the
1008     commission chair.
1009          (ii) A penalty imposed on an agriculture discharge shall be [proportionate to the
1010     seriousness of the resulting harm] consistent with the penalty policy described in Section
1011     19-5-115 and associated rules, as determined by the director in consultation with the
1012     commission chair.
1013          (iii) An agriculture producer may not be held liable for an agriculture discharge
1014     resulting from a large weather event if the agriculture producer has taken reasonable measures,
1015     as the board defines by rule, to prevent an agriculture discharge.
1016          Section 17. Section 19-5-108 is amended to read:
1017          19-5-108. Discharge permits -- Requirements and procedure for issuance.
1018          (1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
1019     Administrative Rulemaking Act, for and require the submission of plans, specifications, and

1020     other information to the director in connection with the issuance of discharge permits.
1021          (2) [Each] A discharge permit shall have a fixed term not exceeding five years. Upon
1022     expiration of a discharge permit, the permit may be renewed or a new permit may be issued by
1023     the director as authorized by the board after notice and an opportunity for public hearing and
1024     upon condition that the applicant meets or will meet [all] the applicable requirements of this
1025     chapter, including the conditions of [any] a permit granted by the board.
1026          (3) The board may require notice to the director of the introduction of pollutants into
1027     publicly-owned treatment works and identification to the director of the character and volume
1028     of any pollutant of any significant source subject to pretreatment standards under Subsection
1029     307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance
1030     with pretreatment standards.
1031          (4) The director may impose as conditions in permits for the discharge of pollutants
1032     from publicly-owned treatment works appropriate measures to establish and [insure] ensure
1033     compliance by industrial users with any system of user charges required under this chapter or
1034     the rules adopted under [it] this chapter.
1035          (5) The director may apply and enforce against industrial users of publicly-owned
1036     treatment works, toxic effluent standards and pretreatment standards for the introduction into
1037     the treatment works of pollutants [which] that interfere with, pass through, or otherwise are
1038     incompatible with the treatment works.
1039          Section 18. Section 19-5-116 is amended to read:
1040          19-5-116. Limitation on effluent limitation standards for BOD, Total Suspended
1041     Solids, Bacteria, and pH for domestic or municipal sewage.
1042          Unless required to meet instream water quality standards or federal requirements
1043     established under the federal [Water Pollution Control Act] Clean Water Act, the board may
1044     not establish, under Section 19-5-104, effluent limitation standards for Biochemical Oxygen
1045     Demand (BOD), Total Suspended Solids (SS), [Coliforms] Bacteria, and pH for domestic or
1046     municipal sewage [which] that are more stringent than the following:
1047          (1) Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values
1048     determined on effluent samples collected during any 30-day period may not exceed 25 mg/l,
1049     nor shall the arithmetic mean exceed 35 mg/l during any seven-day period.
1050          (2) Total Suspended Solids (SS): The arithmetic mean of SS values determined on

1051     effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the
1052     arithmetic mean exceed 35 mg/l during any seven-day period.
1053          (3) [Coliform] Bacteria:
1054          (a) The geometric mean of total coliforms and fecal coliform bacteria in effluent
1055     samples collected during any 30-day period may not exceed either 2000/100 ml for total
1056     coliforms or 200/100 ml for fecal coliforms. The geometric mean during any seven-day period
1057     may not exceed 2500/100 ml for total coliforms or 250/100 for fecal coliforms.
1058          (b) The geometric mean of E. coli bacteria in effluent samples collected during any
1059     30-day period shall not exceed 126 per 100 mL nor shall the geometric mean exceed 158 per
1060     100 mL respectively during any 7-day period.
1061          (4) pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.
1062          Section 19. Section 19-6-102 is amended to read:
1063          19-6-102. Definitions.
1064          As used in this part:
1065          (1) "Board" means the Waste Management and Radiation Control Board created in
1066     Section 19-1-106.
1067          (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
1068     which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
1069     disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
1070     facility or site.
1071          (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
1072     means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
1073     disposal.
1074          (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
1075     does not include a facility that:
1076          (i) receives waste for recycling;
1077          (ii) receives waste to be used as fuel, in compliance with federal and state
1078     requirements; or
1079          (iii) is solely under contract with a local government within the state to dispose of
1080     nonhazardous solid waste generated within the boundaries of the local government.
1081          (4) "Construction waste or demolition waste":

1082          (a) means waste from building materials, packaging, and rubble resulting from
1083     construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
1084     and other structures, and from road building and land clearing; and
1085          (b) does not include:
1086          (i) asbestos;
1087          (ii) contaminated soils or tanks resulting from remediation or cleanup at a release or
1088     spill;
1089          (iii) waste paints;
1090          (iv) solvents;
1091          (v) sealers;
1092          (vi) adhesives; or
1093          (vii) hazardous or potentially hazardous materials similar to that described in
1094     Subsections (4)(b)(i) through (vi).
1095          (5) "Director" means the director of the Division of Waste Management and Radiation
1096     Control.
1097          (6) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
1098     placing of any solid or hazardous waste into or on land or water so that the waste or any
1099     constituent of the waste may enter the environment, be emitted into the air, or discharged into
1100     any waters, including groundwaters.
1101          (7) "Division" means the Division of Waste Management and Radiation Control,
1102     created in Subsection 19-1-105(1)(d).
1103          (8) "Generation" or "generated" means the act or process of producing nonhazardous
1104     solid or hazardous waste.
1105          (9) (a) "Hazardous waste" means a solid waste or combination of solid wastes other
1106     than household waste that, because of its quantity, concentration, or physical, chemical, or
1107     infectious characteristics may cause or significantly contribute to an increase in mortality or an
1108     increase in serious irreversible or incapacitating reversible illness or may pose a substantial
1109     present or potential hazard to human health or the environment when improperly treated,
1110     stored, transported, disposed of, or otherwise managed.
1111          (b) "Hazardous waste" does not include those wastes listed in 40 C.F.R. Sec. 261.4(b).
1112          (10) "Health facility" means a:

1113          (a) hospital;
1114          (b) psychiatric hospital;
1115          (c) home health agency;
1116          (d) hospice;
1117          (e) skilled nursing facility;
1118          (f) intermediate care facility;
1119          (g) intermediate care facility for people with an intellectual disability;
1120          (h) residential health care facility;
1121          (i) maternity home or birthing center;
1122          (j) free standing ambulatory surgical center;
1123          (k) facility owned or operated by a health maintenance organization;
1124          (l) state renal disease treatment center, including a free standing hemodialysis unit;
1125          (m) the office of a private physician or dentist whether for individual or private
1126     practice;
1127          (n) veterinary clinic; or
1128          (o) mortuary.
1129          (11) "Household waste" means any waste material, including garbage, trash, and
1130     sanitary wastes in septic tanks, derived from households, including single-family and
1131     multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
1132     campgrounds, picnic grounds, and day-use recreation areas.
1133          (12) "Infectious waste" means a solid waste that contains or may reasonably be
1134     expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
1135     a susceptible host could result in an infectious disease.
1136          (13) "Manifest" means the form used for identifying the quantity, composition, origin,
1137     routing, and destination of hazardous waste during its transportation from the point of
1138     generation to the point of disposal, treatment, or storage.
1139          (14) "Mixed waste" means material that is a hazardous waste as defined in this chapter
1140     and is also radioactive as defined in Section 19-3-102.
1141          (15) "Modification [plan] request" means a [plan] request under Section 19-6-108 to
1142     modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or
1143     treating, storing, or disposing of hazardous waste.

1144          (16) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
1145     means a plan or approval under Section 19-6-108, including:
1146          (a) a plan to own, construct, or operate a facility or site for the purpose of transferring,
1147     treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of
1148     hazardous waste;
1149          (b) a closure plan;
1150          (c) a modification [plan] request; or
1151          (d) an approval that the director is authorized to issue.
1152          (17) "Permit" includes an operation plan.
1153          [(17)] (18) "Permittee" means a person who is obligated under an operation plan.
1154          [(18)] (19) (a) "Solid waste" means [any] garbage, refuse, sludge, including sludge
1155     from a waste treatment plant, water supply treatment plant, or air pollution control facility, or
1156     other discarded material, including solid, liquid, semi-solid, or contained gaseous material
1157     resulting from industrial, commercial, mining, or agricultural operations and from community
1158     activities [but].
1159          (b) "Solid waste" does not include solid or dissolved materials in domestic sewage or
1160     in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5,
1161     Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
1162          [(b)] (c) "Solid waste" does not include metal that is:
1163          (i) purchased as a valuable commercial commodity; and
1164          (ii) not otherwise hazardous waste or subject to conditions of the federal hazardous
1165     waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6.
1166          [(19)] (20) "Solid waste management facility" means the same as that term is defined
1167     in Section 19-6-502.
1168          [(20)] (21) "Storage" means the actual or intended containment of solid or hazardous
1169     waste either on a temporary basis or for a period of years in such a manner as not to constitute
1170     disposal of the waste.
1171          [(21)] (22) (a) "Transfer" means the collection of nonhazardous solid waste from a
1172     permanent, fixed, supplemental collection facility for movement to a vehicle for movement to
1173     an offsite nonhazardous solid waste storage or disposal facility.
1174          (b) "Transfer" does not mean:

1175          (i) the act of moving nonhazardous solid waste from one location to another location
1176     on the site where the nonhazardous solid waste is generated; or
1177          (ii) placement of nonhazardous solid waste on the site where the nonhazardous solid
1178     waste is generated in preparation for movement off that site.
1179          [(22)] (23) "Transportation" means the off-site movement of solid or hazardous waste
1180     to any intermediate point or to any point of storage, treatment, or disposal.
1181          [(23)] (24) "Treatment" means a method, technique, or process designed to change the
1182     physical, chemical, or biological character or composition of any solid or hazardous waste so as
1183     to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
1184     recovery, amenable to storage, or reduced in volume.
1185          [(24)] (25) "Underground storage tank" means a tank that is regulated under Subtitle I
1186     of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
1187          Section 20. Section 19-6-102.1 is amended to read:
1188          19-6-102.1. Treatment or disposal -- Exclusions.
1189          As used in Subsections [19-6-104(3)(e)(ii)(B),] 19-6-108(3)(b), 19-6-108(3)(c)(ii)(B),
1190     and 19-6-119(1)(a), the term "treatment [and] or disposal" specifically excludes the recycling,
1191     use, reuse, or reprocessing of:
1192          (1) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
1193     generated primarily from the combustion of coal or other fossil fuels;
1194          (2) waste from the extraction, beneficiation, and processing of ores and minerals; or
1195          (3) cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding,
1196     sand blasting, road construction, railway ballast, construction fill, aggregate, and other
1197     construction-related purposes.
1198          Section 21. Section 19-6-104 is amended to read:
1199          19-6-104. Powers of board -- Creation of statewide solid waste management plan.
1200          [(1) The board may:]
1201          [(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1202     Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;]
1203          [(b) recommend that the director:]
1204          [(i) issue orders necessary to enforce the provisions of the Radiation Control Act;]
1205          [(ii) enforce the orders by appropriate administrative and judicial proceedings; or]

1206          [(iii) institute judicial proceedings to secure compliance with this part;]
1207          [(c) (i) hold a hearing that is not an adjudicative proceeding; or]
1208          [(ii) appoint hearing officers to conduct a hearing that is not an adjudicative
1209     proceeding;]
1210          [(d) accept, receive, and administer grants or other funds or gifts from public and
1211     private agencies, including the federal government, for the purpose of carrying out any of the
1212     functions of the Radiation Control Act; or]
1213          [(e) order the director to impound radioactive material in accordance with Section
1214     19-3-111.]
1215          [(2) (a) The board shall promote the planning and application of pollution prevention
1216     and radioactive waste minimization measures to prevent the unnecessary waste and depletion
1217     of natural resources; and]
1218          [(b) review the qualifications of, and issue certificates of approval to, individuals who:]
1219          [(i) survey mammography equipment; or]
1220          [(ii) oversee quality assurance practices at mammography facilities.]
1221          [(3)] (1) The board shall:
1222          (a) survey solid and hazardous waste generation and management practices within this
1223     state and, after public hearing and after providing opportunities for comment by local
1224     governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
1225     waste management plan for the state;
1226          [(b) order the director to:]
1227          [(i) issue orders necessary to effectuate the provisions of this part and rules made under
1228     this part;]
1229          [(ii) enforce the orders by administrative and judicial proceedings; or]
1230          [(iii) initiate judicial proceedings to secure compliance with this part;]
1231          [(c)] (b) promote the planning and application of resource recovery systems to prevent
1232     the unnecessary waste and depletion of natural resources;
1233          [(d)] (c) meet the requirements of federal law related to solid and hazardous wastes to
1234     [insure] ensure that the solid and hazardous wastes program provided for in this part is
1235     qualified to assume primacy from the federal government in control over solid and hazardous
1236     waste;

1237          [(e)] (d) (i) require [any] a facility, including [those] a facility listed in Subsection
1238     [(3)(e)(ii)] (1)(d)(ii), to submit plans, specifications, and other information required by the
1239     board to the director [prior to] before construction, modification, installation, or establishment
1240     of a facility to allow the director to determine whether the proposed construction, modification,
1241     installation, or establishment of the facility will be in accordance with rules made under this
1242     part;
1243          (ii) [facilities] consider a facility referred to in Subsection [(3)(e)(i)] (1)(d)(i) [include
1244     any] to include an incinerator that is intended for disposing of nonhazardous solid waste; [and]
1245          (iii) consider a facility referred to in Subsection [(3)(e)(i)] (1)(d)(i) [does] to not
1246     include a commercial facility that is solely for the purpose of recycling, reuse, or reprocessing
1247     the following waste:
1248          (A) fly ash waste;
1249          (B) bottom ash waste;
1250          (C) slag waste; or
1251          (D) flue gas emission control waste generated primarily from the combustion of coal or
1252     other fossil fuels; and
1253          (iv) consider a facility referred to in Subsection [(3)(e)(i)] (1)(d)(i) [does] to not
1254     include a facility when the following waste is generated and the disposal occurs at an on-site
1255     location owned and operated by the generator of the waste:
1256          (A) waste from the extraction, beneficiation, and processing of ores and minerals listed
1257     in 40 C.F.R. 261.4(b)(7)(ii); or
1258          (B) cement kiln dust; and
1259          [(f)] (e) to ensure compliance with applicable statutes and [regulations] rules:
1260          (i) review a settlement negotiated by the director in accordance with Subsection
1261     19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and
1262          (ii) approve or disapprove the settlement described in Subsection (1)(e)(i).
1263          [(4)] (2) The board may:
1264          (a) (i) hold a hearing that is not an adjudicative proceeding; or
1265          (ii) appoint a hearing [officers] officer to conduct a hearing that is not an adjudicative
1266     proceeding; or
1267          (b) advise, consult, cooperate with, or provide technical assistance to [other agencies]

1268     another agency of the state or federal government, [other states, interstate agencies, or affected
1269     groups, political subdivisions, industries, or other persons] another state, an interstate agency,
1270     an affected group, an affected political subdivision, an affected industry, or other person in
1271     carrying out the purposes of this part.
1272          [(5)] (3) (a) The board shall establish a comprehensive statewide waste management
1273     plan.
1274          (b) The plan shall:
1275          (i) incorporate the solid waste management plans submitted by the counties;
1276          (ii) provide an estimate of solid waste capacity needed in the state for the next 20
1277     years;
1278          (iii) assess the state's ability to minimize waste and recycle;
1279          (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
1280     needs and existing capacity;
1281          (v) evaluate facility siting, design, and operation;
1282          (vi) review funding alternatives for solid waste management; and
1283          (vii) address other solid waste management concerns that the board finds appropriate
1284     for the preservation of the public health and the environment.
1285          (c) The board shall consider the economic viability of solid waste management
1286     strategies [prior to] before incorporating [them] the solid waste management strategies into the
1287     plan and shall consider the needs of population centers.
1288          (d) The board shall review and modify the comprehensive statewide solid waste
1289     management plan no less frequently than every five years.
1290          [(6)] (4) (a) The board shall determine the type of solid waste generated in the state and
1291     tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
1292     waste management plan.
1293          (b) The board shall review and modify the inventory no less frequently than once every
1294     five years.
1295          [(7)] (5) Subject to the limitations contained in Subsection 19-6-102[(18)(b)](19)(c),
1296     the board shall establish siting criteria for nonhazardous solid waste disposal facilities,
1297     including incinerators.
1298          [(8)] (6) The board may not issue, amend, renew, modify, revoke, or terminate any of

1299     the following that are subject to the authority granted to the director under Section 19-6-107:
1300          (a) a permit;
1301          (b) a license;
1302          (c) a registration;
1303          (d) a certification; or
1304          (e) another administrative authorization made by the director.
1305          [(9)] (7) A board member may not speak or act for the board unless the board member
1306     is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1307          Section 22. Section 19-6-105 is amended to read:
1308          19-6-105. Rules of board.
1309          (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
1310     Administrative Rulemaking Act:
1311          (a) establishing minimum standards for protection of human health and the
1312     environment, for the storage, collection, transport, transfer, recovery, treatment, and disposal of
1313     solid waste, including requirements for the approval by the director of plans for the
1314     construction, extension, operation, and closure of solid waste disposal sites;
1315          (b) identifying wastes [which] that are determined to be hazardous, including wastes
1316     designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
1317     1976, 42 U.S.C., Sec. 6921, et seq.;
1318          (c) governing generators and transporters of hazardous wastes and owners and
1319     operators of hazardous waste treatment, storage, and disposal facilities, including requirements
1320     for keeping records, monitoring, submitting reports, and using a manifest, without treating
1321     high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
1322     muds, and oil production brines in a manner more stringent than they are treated under federal
1323     standards;
1324          (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
1325     subject to a plan approval under Section 19-6-108 or [which] that received waste after July 26,
1326     1982, to take appropriate corrective action or other response measures for releases of hazardous
1327     waste or hazardous waste constituents from the facility, including releases beyond the
1328     boundaries of the facility;
1329          (e) specifying the terms and conditions under which the director shall approve,

1330     disapprove, revoke, or review hazardous wastes operation plans;
1331          (f) governing public hearings and participation under this part;
1332          (g) establishing standards governing underground storage tanks, in accordance with
1333     Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
1334          (h) relating to the collection, transportation, processing, treatment, storage, and
1335     disposal of infectious waste in health facilities in accordance with the requirements of Section
1336     19-6-106;
1337          (i) defining closure plans [as major or minor], modification requests, or both for
1338     hazardous waste, as class I, class I with prior director approval, class II, or class III;
1339          [(j) defining modification plans as major or minor;] and
1340          [(k)] (j) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
1341     organic waste substance of any kind to be thrown, or remain upon or in [any] a street, road,
1342     ditch, canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring,
1343     or well.
1344          (2) If any of the following are determined to be hazardous waste and are therefore
1345     subjected to the provisions of this part, the board shall, in the case of landfills or surface
1346     impoundments that receive the solid wastes, take into account the special characteristics of the
1347     wastes, the practical difficulties associated with applying requirements for other wastes to the
1348     wastes, and site-specific characteristics, including the climate, geology, hydrology, and soil
1349     chemistry at the site, if the modified requirements assure protection of human health and the
1350     environment and are no more stringent than federal standards applicable to waste:
1351          (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
1352     including phosphate rock and overburden from the mining of uranium;
1353          (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
1354     generated primarily from the combustion of coal or other fossil fuels; and
1355          (c) cement kiln dust waste.
1356          (3) The board shall establish criteria for siting commercial hazardous waste treatment,
1357     storage, and disposal facilities, including commercial hazardous waste incinerators. Those
1358     criteria shall apply to any facility or incinerator for which plan approval is required under
1359     Section 19-6-108.
1360          Section 23. Section 19-6-107 is amended to read:

1361          19-6-107. Director -- Appointment -- Powers.
1362          (1) The executive director shall appoint the director. The director shall serve under the
1363     administrative direction of the executive director.
1364          (2) The director shall:
1365          [(a) develop programs to promote and protect the public from radiation sources in the
1366     state;]
1367          [(b) advise, consult, cooperate with, and provide technical assistance to other agencies,
1368     states, the federal government, political subdivisions, industries, and other persons in carrying
1369     out the provisions of the Radiation Control Act;]
1370          [(c) receive specifications or other information relating to licensing applications for
1371     radioactive materials or registration of radiation sources for review, approval, disapproval, or
1372     termination;]
1373          [(d) issue permits, licenses, registrations, certifications, and other administrative
1374     authorizations;]
1375          [(e) review and approve plans;]
1376          [(f) assess penalties in accordance with Section 19-3-109;]
1377          [(g) impound radioactive material under Section 19-3-111;]
1378          [(h)] (a) issue [orders] an order necessary to enforce [the provisions of] this part[, to];
1379          (b) enforce [the orders] an order by appropriate administrative and judicial
1380     proceedings[, or to];
1381          (c) institute judicial proceedings to secure compliance with this part;
1382          [(i)] (d) carry out inspections pursuant to Section 19-6-109;
1383          [(j)] (e) require submittal of specifications or other information relating to hazardous
1384     waste plans for review, and approve, disapprove, revoke, or review the plans;
1385          [(k)] (f) develop programs for solid waste and hazardous waste management and
1386     control within the state;
1387          [(l)] (g) advise, consult, and cooperate with [other agencies] another agency of the
1388     state, the federal government, [other states and interstate agencies, and with] another state, an
1389     interstate agency, an affected [groups] group, an affected political [subdivisions, and
1390     industries] subdivision, an affected industry, or other affected person in furtherance of the
1391     purposes of this part;

1392          [(m)] (h) subject to the provisions of this part, enforce rules made or revised by the
1393     board through the issuance of orders;
1394          [(n)] (i) review plans, specifications or other data relative to solid waste and hazardous
1395     waste control systems or any part of the systems as provided in this part;
1396          [(o)] (j) under the direction of the executive director, represent the state in [all] matters
1397     pertaining to interstate solid waste and hazardous waste management and control including,
1398     under the direction of the board, entering into interstate compacts and other similar agreements;
1399     and
1400          [(p)] (k) as authorized by the board and subject to the provisions of this part, act as
1401     executive secretary of the board under the direction of the [chairman] chair of the board.
1402          (3) The director may:
1403          (a) subject to Subsection 19-6-104[(3)(f)](1)(e), settle or compromise any
1404     administrative or civil action initiated to compel compliance with this part and any rules
1405     adopted under this part;
1406          (b) employ full-time employees necessary to carry out this part;
1407          (c) [as authorized by the board pursuant to the provisions of this part,] authorize any
1408     employee or representative of the department to conduct inspections as permitted in this part;
1409          (d) encourage, participate in, or conduct studies, investigations, research, and
1410     demonstrations relating to solid waste and hazardous waste management and control necessary
1411     for the discharge of duties assigned under this part;
1412          (e) collect and disseminate information relating to solid waste and hazardous waste
1413     management control; and
1414          (f) cooperate with any person in studies and research regarding solid waste and
1415     hazardous waste management and control[;].
1416          [(g) cooperate with any person in studies, research, or demonstration projects regarding
1417     radioactive waste management or control of radiation sources;]
1418          [(h) settle or compromise any civil action initiated by the division to compel
1419     compliance with this chapter or the rules made under this chapter; and]
1420          [(i) authorize employees or representatives of the department to enter, at reasonable
1421     times and upon reasonable notice, in and upon public or private property for the purpose of
1422     inspecting and investigating conditions and records concerning radiation sources.]

1423          Section 24. Section 19-6-108 is amended to read:
1424          19-6-108. New nonhazardous solid or hazardous waste operation plans for
1425     facility or site -- Administrative and legislative approval required -- Exemptions from
1426     legislative and gubernatorial approval -- Time periods for review -- Information required
1427     -- Other conditions -- Automatic revocation of approval -- Periodic review.
1428          (1) For purposes of this section, the following items shall be treated as submission of a
1429     new operation plan:
1430          (a) the submission of a revised operation plan specifying a different geographic site
1431     than a previously submitted plan;
1432          (b) an application for modification of a commercial hazardous waste incinerator if the
1433     construction or the modification would increase the hazardous waste incinerator capacity above
1434     the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
1435     the operation plan application as of January 1, 1990, if no operation plan approval has been
1436     issued as of January 1, 1990;
1437          (c) an application for modification of a commercial nonhazardous solid waste
1438     incinerator if the construction of the modification would cost 50% or more of the cost of
1439     construction of the original incinerator or the modification would result in an increase in the
1440     capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
1441     or throughput that was approved in the operation plan as of January 1, 1990, or the initial
1442     approved operation plan if the initial approval is subsequent to January 1, 1990;
1443          (d) an application for modification of a commercial nonhazardous solid or hazardous
1444     waste treatment, storage, or disposal facility, other than an incinerator, if the modification
1445     would be outside the boundaries of the property owned or controlled by the applicant, as shown
1446     in the application or approved operation plan as of January 1, 1990, or the initial approved
1447     operation plan if the initial approval is subsequent to January 1, 1990; or
1448          (e) a submission of an operation plan to construct a facility, if previous approvals of the
1449     operation plan to construct the facility have been revoked pursuant to Subsection
1450     (3)(c)[(iii)](iv).
1451          (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
1452     tonnage specified for the trial burn in the operation plan or the operation plan application if no
1453     operation plan approval has been issued as of January 1, 1990, and on annual operations of

1454     7,000 hours.
1455          (3) (a) (i) Except as specified in Subsection (3)(a)(ii)(C), a person may not own,
1456     construct, modify, or operate [any] a facility or site for the purpose of transferring, treating, or
1457     disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste
1458     without first submitting and receiving the approval of the director for an operation plan for that
1459     facility or site.
1460          (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
1461     operation plan may submit to the director information, a report, a plan, or other request for
1462     approval for a proposed activity under an operation plan:
1463          (I) after obtaining the consent of any other permittee who is a current owner of the
1464     facility or site; and
1465          (II) without obtaining the consent of any other permittee who is not a current owner of
1466     the facility or site.
1467          (B) The director may not:
1468          (I) withhold an approval of an operation plan requested by a permittee who is a current
1469     owner of the facility or site on the grounds that another permittee who is not a current owner of
1470     the facility or site has not consented to the request; or
1471          (II) give an approval of an operation plan requested by a permittee who is not a current
1472     owner before receiving consent of the current owner of the facility or site.
1473          (C) A facility referred to in Subsection (3)(a)(i) does not include a facility when the
1474     waste from the extraction, beneficiation, and processing of ores and minerals listed in 40
1475     C.F.R. Sec. 261.4(b)(7)(ii), or cement kiln dust, is generated and the disposal occurs at an
1476     on-site location owned and operated by the generator of the waste.
1477          (b) (i) Except for [facilities that receive] a facility that recieves the following wastes
1478     solely for the purpose of recycling, reuse, or reprocessing, a person may not own, construct,
1479     modify, or operate any commercial facility that accepts for treatment or disposal, with the
1480     intent to make a profit, any of the wastes listed in Subsection (3)(b)(ii) without first submitting
1481     a request to and receiving the approval of the director for an operation plan for that facility site.
1482          (ii) Wastes referred to in Subsection (3)(b)(i) are:
1483          (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
1484     generated primarily from the combustion of coal or other fossil fuels;

1485          (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
1486          (C) cement kiln dust wastes.
1487          (c) (i) A person may not construct a facility listed under Subsection (3)(c)(ii) until the
1488     person receives:
1489          (A) local government approval and the approval described in Subsection (3)(a);
1490          (B) approval from the Legislature; and
1491          (C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B),
1492     approval from the governor.
1493          (ii) A facility referred to in Subsection (3)(c)(i) is:
1494          (A) a commercial nonhazardous solid waste disposal facility;
1495          (B) except for [facilities that receive the following wastes] a facility that receives a
1496     waste listed in Subsection (3)(c)(iii), solely for the purpose of recycling, reuse, or reprocessing,
1497     any commercial facility that accepts for treatment or disposal, with the intent to make a profit[:
1498     fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated
1499     primarily from the combustion of coal or other fossil fuels; wastes from the extraction,
1500     beneficiation, and processing of ores and minerals; or cement kiln dust wastes]; or
1501          (C) a commercial hazardous waste treatment, storage, or disposal facility.
1502          (iii) Subsection (3)(c)(ii)(B) applies to the following wastes:
1503          (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
1504     generated primarily from the combustion of coal or other fossil fuels;
1505          (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
1506          (C) cement kiln dust wastes.
1507          [(iii)] (iv) The required approvals described in Subsection (3)(c)(i) for a facility
1508     described in Subsection (3)(c)(ii)(A) or (B) are automatically revoked if:
1509          (A) the governor's approval is received on or after May 10, 2011, and the facility is not
1510     operational within five years after the day on which the governor's approval is received; or
1511          (B) the governor's approval is received before May 10, 2011, and the facility is not
1512     operational on or before May 10, 2016.
1513          [(iv)] (v) The required approvals described in Subsection (3)(c)(i) for a facility
1514     described in Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not
1515     transferrable to another person for five years after the day on which the governor's approval is

1516     received.
1517          (d) A person need not obtain gubernatorial or legislative approval for the construction
1518     of a hazardous waste facility for which an operating plan has been approved by or submitted
1519     for approval to the executive secretary of the board under this section before April 24, 1989,
1520     and which has been determined, on or before December 31, 1990, by the executive secretary of
1521     the board to be complete, in accordance with state and federal requirements for operating plans
1522     for hazardous waste facilities even if a different geographic site is subsequently submitted.
1523          (e) A person need not obtain gubernatorial and legislative approval for the construction
1524     of a commercial nonhazardous solid waste disposal facility for which an operation plan has
1525     been approved by or submitted for approval to the executive secretary of the board under this
1526     section on or before January 1, 1990, and which, on or before December 31, 1990, the
1527     executive secretary of the board determines to be complete, in accordance with state and
1528     federal requirements applicable to operation plans for nonhazardous solid waste facilities.
1529          (f) [Any] A person owning or operating a facility or site on or before November 19,
1530     1980, who has given timely notification as required by Section 3010 of the Resource
1531     Conservation and Recovery Act of 1976, 42 U.S.C. [Section] Sec. 6921, et seq., and who has
1532     submitted a proposed hazardous waste plan under this section for that facility or site, may
1533     continue to operate that facility or site without violating this section until the plan is approved
1534     or disapproved under this section.
1535          (g) (i) The director shall suspend acceptance of further applications for a commercial
1536     nonhazardous solid or hazardous waste facility upon a finding that the director cannot
1537     adequately oversee existing and additional facilities for permit compliance, monitoring, and
1538     enforcement.
1539          (ii) The director shall report any suspension to the Natural Resources, Agriculture, and
1540     Environment Interim Committee.
1541          (4) The director shall review [each] a proposed nonhazardous solid or hazardous waste
1542     operation plan to determine whether that plan complies with [the provisions of] this part and
1543     the applicable rules of the board.
1544          (5) (a) If the facility is a class I or class II facility, the director shall approve or
1545     disapprove that plan within 270 days from the date [it] the plan is submitted.
1546          (b) Within 60 days after receipt of the plans, specifications, or other information

1547     required by this section for a class I or II facility, the director shall determine whether the plan
1548     is complete and contains [all] the information necessary to process the plan for approval.
1549          (c) (i) If the plan for a class I or II facility is determined to be complete, the director
1550     shall issue a notice of completeness.
1551          (ii) If the plan is determined by the director to be incomplete, the director shall issue a
1552     notice of deficiency, listing the additional information to be provided by the owner or operator
1553     to complete the plan.
1554          (d) The director shall review information submitted in response to a notice of
1555     deficiency within 30 days after receipt.
1556          (e) The following time periods may not be included in the 270 day plan review period
1557     for a class I or II facility:
1558          (i) time awaiting response from the owner or operator to requests for information
1559     issued by the director;
1560          (ii) time required for public participation and hearings for issuance of plan approvals;
1561     and
1562          (iii) time for review of the permit by other federal or state government agencies.
1563          (6) (a) If the facility is a class III or class IV facility, the director shall approve or
1564     disapprove that plan within 365 days from the date [it] the plan is submitted.
1565          (b) The following time periods may not be included in the 365 day review period:
1566          (i) time awaiting response from the owner or operator to requests for information
1567     issued by the director;
1568          (ii) time required for public participation and hearings for issuance of plan approvals;
1569     and
1570          (iii) time for review of the permit by other federal or state government agencies.
1571          (7) If, within 365 days after receipt of a modification [plan] request or closure plan for
1572     any facility, the director determines that the proposed plan or request, or any part of [it] the
1573     proposed plan or request, will not comply with applicable rules, the director shall issue an order
1574     prohibiting any action under the proposed plan or request for modification or closure in whole
1575     or in part.
1576          (8) [Any] A person who owns or operates a facility or site required to have an
1577     approved hazardous waste operation plan under this section and who has pending a permit

1578     application before the United States Environmental Protection Agency shall be treated as
1579     having an approved plan until final administrative disposition of the permit application is made
1580     under this section, unless the director determines that final administrative disposition of the
1581     application has not been made because of the failure of the owner or operator to furnish any
1582     information requested, or the facility's interim status has terminated under Section 3005 (e) of
1583     the Resource Conservation and Recovery Act, 42 U.S.C. [Section] Sec. 6925 (e).
1584          (9) The director may not approve a proposed nonhazardous solid or hazardous waste
1585     operation plan unless the plan contains the information that the board requires, including:
1586          (a) estimates of the composition, quantities, and concentrations of any hazardous waste
1587     identified under this part and the proposed treatment, storage, or disposal of [it] the hazardous
1588     waste;
1589          (b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or
1590     treatment, storage, or disposal of hazardous waste will not be done in a manner that may cause
1591     or significantly contribute to an increase in mortality, an increase in serious irreversible or
1592     incapacitating reversible illness, or pose a substantial present or potential hazard to human
1593     health or the environment;
1594          (c) consistent with the degree and duration of risks associated with the transfer,
1595     treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of
1596     specified hazardous waste, evidence of financial responsibility in whatever form and amount
1597     that the director determines is necessary to [insure] ensure continuity of operation and that
1598     upon abandonment, cessation, or interruption of the operation of the facility or site, [all] the
1599     reasonable measures consistent with the available knowledge will be taken to [insure] ensure
1600     that the waste subsequent to being treated, stored, or disposed of at the site or facility will not
1601     present a hazard to the public or the environment;
1602          (d) evidence that the personnel employed at the facility or site have education and
1603     training for the safe and adequate handling of nonhazardous solid or hazardous waste;
1604          (e) plans, specifications, and other information that the director considers relevant to
1605     determine whether the proposed nonhazardous solid or hazardous waste operation plan will
1606     comply with this part and the rules of the board;
1607          (f) compliance schedules, [where] when applicable, including schedules for corrective
1608     action or other response measures for releases from [any] a solid waste management unit at the

1609     facility, regardless of the time the waste was placed in the unit;
1610          (g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or
1611     hazardous waste facility other than a water treatment facility that treats, stores, or disposes
1612     site-generated solid or hazardous waste onsite, a traffic impact study that:
1613          (i) takes into consideration the safety, operation, and condition of roadways serving the
1614     proposed facility; and
1615          (ii) is reviewed and approved by the Department of Transportation or a local highway
1616     authority, whichever has jurisdiction over each road serving the proposed facility, with the cost
1617     of the review paid by the person who submits the proposed operation plan; and
1618          (h) for a proposed operation plan submitted on or after July 1, 2013, for a new
1619     nonhazardous solid waste facility owned or operated by a local government, financial
1620     information that discloses [all] the costs of establishing and operating the facility, including:
1621          (i) land acquisition and leasing;
1622          (ii) construction;
1623          (iii) estimated annual operation;
1624          (iv) equipment;
1625          (v) ancillary structures;
1626          (vi) roads;
1627          (vii) transfer stations; and
1628          (viii) using other operations that are not contiguous to the proposed facility but are
1629     necessary to support the facility's construction and operation.
1630          (10) The director may not approve a commercial nonhazardous solid or hazardous
1631     waste operation plan that meets the requirements of Subsection (9) unless [it] the operation
1632     plan contains the information required by the board, including:
1633          (a) evidence that the proposed commercial facility has a proven market of
1634     nonhazardous solid or hazardous waste, including:
1635          (i) information on the source, quantity, and price charged for treating, storing, and
1636     disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
1637          (ii) a market analysis of the need for a commercial facility given existing and potential
1638     generation of nonhazardous solid or hazardous waste in the state and regionally; and
1639          (iii) a review of other existing and proposed commercial nonhazardous solid or

1640     hazardous waste facilities regionally and nationally that would compete for the treatment,
1641     storage, or disposal of the nonhazardous solid or hazardous waste;
1642          (b) a description of the public benefits of the proposed facility, including:
1643          (i) the need in the state for the additional capacity for the management of nonhazardous
1644     solid or hazardous waste;
1645          (ii) the energy and resources recoverable by the proposed facility;
1646          (iii) the reduction of nonhazardous solid or hazardous waste management methods,
1647     [which] that are less suitable for the environment, that would be made possible by the proposed
1648     facility; and
1649          (iv) whether any other available site or method for the management of hazardous waste
1650     would be less detrimental to the public health or safety or to the quality of the environment;
1651     and
1652          (c) compliance history of an owner or operator of a proposed commercial
1653     nonhazardous solid or hazardous waste treatment, storage, or disposal facility, [which] that
1654     may be applied by the director in a nonhazardous solid or hazardous waste operation plan
1655     decision, including any plan conditions.
1656          (11) The director may not approve a commercial nonhazardous solid or hazardous
1657     waste facility operation plan unless based on the application, and in addition to the
1658     determination required in Subsections (9) and (10), the director determines that:
1659          (a) the probable beneficial environmental effect of the facility to the state outweighs
1660     the probable adverse environmental effect; and
1661          (b) there is a need for the facility to serve industry within the state.
1662          (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
1663     revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
1664     comply with that plan.
1665          (13) The director shall review [all] approved nonhazardous solid and hazardous waste
1666     operation plans at least once every five years.
1667          (14) [The provisions of] Subsections (10) and (11) do not apply to a hazardous waste
1668     [facilities] facility in existence or to [applications] an application filed or pending in the
1669     department [prior to] before April 24, 1989, that are determined by the executive secretary of
1670     the board on or before December 31, 1990, to be complete, in accordance with state and federal

1671     requirements applicable to operation plans for hazardous waste facilities.
1672          (15) [The provisions of] Subsections (9), (10), and (11) do not apply to a nonhazardous
1673     solid waste facility in existence or to an application filed or pending in the department [prior
1674     to] before January 1, 1990, that is determined by the director, on or before December 31, 1990,
1675     to be complete in accordance with state and federal requirements applicable to operation plans
1676     for nonhazardous solid waste facilities.
1677          (16) Nonhazardous solid waste generated outside of this state that is defined as
1678     hazardous waste in the state where [it] the nonhazardous solid waste is generated and [which]
1679     that is received for disposal in this state may not be disposed of at a nonhazardous waste
1680     disposal facility owned and operated by local government or a facility under contract with a
1681     local government solely for disposal of nonhazardous solid waste generated within the
1682     boundaries of the local government, unless disposal is approved by the director.
1683          (17) This section may not be construed to exempt [any] a facility from applicable
1684     regulation under the federal Atomic Energy Act, 42 U.S.C. [Sections] Sec. 2014 and 2021
1685     through 2114.
1686          Section 25. Section 19-6-114 is amended to read:
1687          19-6-114. Service of notice, order, or other document.
1688          [Proof of] In accordance with procedural rules adopted by the department, service of
1689     any notice, order, or other document issued by, or under the authority of, the [board] director
1690     may be made [in the same manner as in the service of a summons in a civil action. Proof of
1691     service shall be filed with the board or may be made] by forwarding a copy of that notice,
1692     order, or other document by registered mail, directed to the [person at his last known] person's
1693     designated address[, with an affidavit to that effect being filed with the board].
1694          Section 26. Section 19-6-120 is amended to read:
1695          19-6-120. New hazardous waste operation plans -- Designation of hazardous
1696     waste facilities -- Fees for filing and plan review.
1697          (1) For purposes of this section, the following items shall be treated as submission of a
1698     new hazardous waste operation plan:
1699          (a) the submission of a revised hazardous waste operation plan specifying a different
1700     geographic site than a previously submitted plan;
1701          (b) an application for modification of a commercial hazardous waste incinerator if the

1702     construction or the modification would increase the commercial hazardous waste incinerator
1703     capacity above the capacity specified in the operation plan as of January 1, 1990, or the
1704     capacity specified in the operation plan application as of January 1, 1990, if no operation plan
1705     approval has been issued as of January 1, 1990; or
1706          (c) an application for modification of a commercial hazardous waste treatment, storage,
1707     or disposal facility, other than an incinerator, if the modification would be outside the
1708     boundaries of the property owned or controlled by the applicant, as shown in the application or
1709     approved operation plan as of January 1, 1990, or the initial approved operation plan if initial
1710     approval is subsequent to January 1, 1990.
1711          (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
1712     tonnage specified for the trial burn in the operation plan or the operation plan application if no
1713     operation plan approval has been issued as of January 1, 1990, and on annual operations of
1714     7,000 hours.
1715          (3) (a) [Hazardous waste facilities that are] A hazardous waste facility that is subject to
1716     payment of fees under this section or Section 19-1-201 for plan reviews under Section
1717     19-6-108 shall be designated by the department as either class I, class II, class III, or class IV
1718     [facilities] facility.
1719          (b) The department shall designate a commercial hazardous waste [facilities] facility
1720     containing either landfills, surface impoundments, land treatment units, thermal treatment
1721     units, incinerators, or underground injection wells, which primarily receive wastes generated by
1722     off-site sources not owned, controlled, or operated by the facility owner or operator, as a class I
1723     [facilities] facility.
1724          (4) The maximum fee for filing and review of [each] a class I facility operation plan is
1725     $200,000, and is due and payable as follows:
1726          (a) [The] the owner or operator of a class I facility shall, at the time of filing for plan
1727     review, pay to the department the nonrefundable sum of $50,000[.];
1728          (b) [Upon] upon issuance by the director of a notice of completeness under Section
1729     19-6-108, the owner or operator of the facility shall pay to the department an additional
1730     nonrefundable sum of $50,000[.]; and
1731          (c) [The] the department shall bill the owner or operator of the facility for any
1732     additional actual costs of plan review, up to an additional $100,000.

1733          (5) (a) The department shall designate a hazardous waste [incinerators] incinerator that
1734     primarily receive wastes generated by sources owned, controlled, or operated by the facility
1735     owner or operator as a class II [facilities] facility.
1736          (b) The maximum fee for filing and review of [each] a class II facility operation plan is
1737     $150,000, and shall be due and payable as follows:
1738          (i) [The] the owner or operator of a class II facility shall, at the time of filing for plan
1739     review under Section 19-6-108, pay to the department the nonrefundable sum of $50,000[.];
1740     and
1741          (ii) [The] the department shall bill the owner or operator of the facility for any
1742     additional actual costs of plan review, up to an additional $100,000.
1743          (6) (a) The department shall designate a hazardous waste [facilities] facility containing
1744     either landfills, surface impoundments, land treatment units, thermal treatment units, or
1745     underground injection wells, that primarily receive wastes generated by sources owned,
1746     controlled, or operated by the facility owner or operator, as a class III [facilities] facility.
1747          (b) The maximum fee for filing and review of [each] a class III facility operation plan
1748     is $100,000 and is due and payable as follows:
1749          (i) [The] the owner or operator shall, at the time of filing for plan review, pay to the
1750     department the nonrefundable sum of $1,000[.]; and
1751          (ii) [The] the department shall bill the owner or operator of [each] a class III facility for
1752     actual costs of operation plan review, up to an additional $99,000.
1753          (7) (a) [All other hazardous waste facilities are] A hazardous waste facility not
1754     described in Subsections (3) through (6) is designated as a class IV [facilities] facility.
1755          (b) The maximum fee for filing and review of [each] a class IV facility operation plan
1756     is $50,000 and is due and payable as follows:
1757          (i) [The] the owner or operator shall, at the time of filing for plan review, pay to the
1758     department the nonrefundable sum of $1,000[.]; and
1759          (ii) [The] the department shall bill the owner or operator of [each] a class IV facility for
1760     actual costs of operation plan review, up to an additional $49,000.
1761          (8) (a) The maximum fee for filing and review of [each major modification plan and
1762     major closure plan] a temporary authorization request, class II or class III modification request,
1763     or for a class I, class II, or class III facility is $50,000 and is due and payable as follows:

1764          (i) [The] the owner or operator shall, at the time of filing for that review, pay to the
1765     department the nonrefundable sum of $1,000[.]; and
1766          (ii) [The] the department shall bill the owner or operator of the hazardous waste facility
1767     for actual costs of the review, up to an additional $49,000.
1768          (b) The maximum fee for filing and review of [each minor modification and minor
1769     closure plan] a class I modification request, for a class I, class II, or class III facility, and of
1770     [any] a modification [or closure plan] request for a class IV facility, is $20,000, and is due and
1771     payable as follows:
1772          (i) [The] the owner or operator shall, at the time of filing for that review, pay to the
1773     department the nonrefundable sum of $1,000[.]; and
1774          (ii) [The] the department shall bill the owner or operator of the hazardous waste facility
1775     for actual costs of review up to an additional $19,000.
1776          (c) The owner or operator of a thermal treatment unit shall submit a trial or test burn
1777     schedule 90 days [prior] before to any planned trial or test burn. At the time the schedule is
1778     submitted, the owner or operator shall pay to the department the nonrefundable fee of $25,000.
1779     The department shall apply the fee to the costs of the review and processing of each trial or test
1780     burn plan, trial or test burn, and trial or test burn data report. The department shall bill the
1781     owner or operator of the facility for any additional actual costs of review and preparation.
1782          (9) (a) The owner or operator of a class III facility may obtain a plan review within the
1783     time periods for a class II facility operation plan by paying, at the time of filing for plan review,
1784     the maximum fee for a class II facility operation plan.
1785          (b) The owner or operator of a class IV facility may obtain a plan review within the
1786     time periods for a class II facility operation plan by paying, at the time of filing for plan review,
1787     the maximum fee for a class III facility operation plan.
1788          (c) An owner or operator of a class I, class II, or class III facility who submits a [major
1789     modification plan or a major closure plan] class II or class III modification request may obtain
1790     a plan review within the time periods for a class II facility operation plan by paying, at the time
1791     of filing for plan review, the maximum fee for a class II facility operation plan.
1792          (d) An owner or operator of a class I, class II, or class III facility who submits a [minor
1793     modification plan or a minor closure plan] class I modification request, and an owner or
1794     operator of a class IV facility who submits a modification [plan] request or a closure plan, may

1795     obtain a plan review within the time periods for a class II facility operation plan by paying, at
1796     the time of filing for plan review, the maximum fee for a class III facility operation plan.
1797          (10) [All fees] Fees received by the department under this section shall be deposited
1798     [in] into the General Fund as dedicated credits for hazardous waste plan reviews in accordance
1799     with Subsection (12) and Section 19-6-108.
1800          (11) (a) (i) The director shall establish an accounting procedure that separately
1801     accounts for fees paid by each owner or operator who submits a hazardous waste operation
1802     plan for approval under Section 19-6-108 and pays fees for hazardous waste plan reviews under
1803     this section or Section 19-1-201.
1804          (ii) The director shall credit [all] fees paid by the owner or operator to that owner or
1805     operator.
1806          (iii) The director shall account for costs actually incurred in reviewing each operation
1807     plan and may only use the fees of each owner or operator for review of that owner or operator's
1808     plan.
1809          (b) If the costs actually incurred by the department in reviewing a hazardous waste
1810     operation plan of any facility are less than the nonrefundable fee paid by the owner or operator
1811     under this section, the department may, upon approval or disapproval of the plan by the board
1812     or upon withdrawal of the plan by the owner or operator, use any remaining funds that have
1813     been credited to that owner or operator for the purposes of administering provisions of the
1814     hazardous waste programs and activities authorized by this part.
1815          (12) (a) With regard to any review of a hazardous waste operation plan, modification
1816     [plan] request, or closure plan that is pending on April 25, 1988, the director may assess fees
1817     for that plan review.
1818          (b) The total amount of fees paid by an owner or operator of a hazardous waste facility
1819     whose plan review is affected by this [subsection] Subsection (12) may not exceed the
1820     maximum fees allowable under this section for the appropriate class of facility.
1821          (13) (a) The department shall maintain accurate records of [its] the department's actual
1822     costs for each plan review under this section.
1823          (b) [Those records] A record described in Subsection (13)(a) shall be available for
1824     public inspection.
1825          Section 27. Section 19-6-326 is amended to read:

1826          19-6-326. Written assurances.
1827          (1) Based upon risk to human health or the environment from potential exposure to
1828     hazardous substances or materials, the executive director, or the executive director's designee,
1829     may issue enforceable written assurances to a bona fide prospective purchaser, contiguous
1830     property owner, or innocent landowner of real property that no enforcement action under this
1831     part may be initiated regarding that real property against the person to whom the assurances are
1832     issued.
1833          (2) An assurance granted under Subsection (1) grants the person to whom the
1834     assurance is issued protection from imposition of any state law cost recovery and contribution
1835     actions under this part.
1836          (3) The executive director may make rules in accordance with Title 63G, Chapter 3,
1837     Utah Administrative Rulemaking Act, as necessary for the administration of this section.
1838          Section 28. Section 19-6-502 is amended to read:
1839          19-6-502. Definitions.
1840          As used in this part:
1841          (1) "Governing body" means the governing board, commission, or council of a public
1842     entity.
1843          (2) "Jurisdiction" means the area within the incorporated limits of:
1844          (a) a municipality;
1845          (b) a special service district;
1846          (c) a municipal-type service district;
1847          (d) a service area; or
1848          (e) the territorial area of a county not lying within a municipality.
1849          (3) "Long-term agreement" means an agreement or contract having a term of more than
1850     five years but less than 50 years.
1851          (4) "Municipal residential waste" means solid waste that is:
1852          (a) discarded or rejected at a residence within the public entity's jurisdiction; and
1853          (b) collected at or near the residence by:
1854          (i) a public entity; or
1855          (ii) a person with whom the public entity has as an agreement to provide solid waste
1856     management.

1857          (5) "Public entity" means:
1858          (a) a county;
1859          (b) a municipality;
1860          (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
1861          (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
1862          (e) a municipal-type service district created under Title 17, Chapter 34,
1863     Municipal-Type Services to Unincorporated Areas.
1864          (6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
1865     imposes a legal duty on a person.
1866          (7) "Residence" means an improvement to real property used or occupied as a primary
1867     or secondary detached single-family dwelling.
1868          (8) "Resource recovery" means the separation, extraction, recycling, or recovery of
1869     usable material, energy, fuel, or heat from solid waste and the disposition of it.
1870          (9) "Short-term agreement" means a contract or agreement having a term of five years
1871     or less.
1872          (10) (a) "Solid waste" means a putrescible or nonputrescible material or substance
1873     discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the
1874     time of discard or rejection, including:
1875          (i) garbage;
1876          (ii) refuse;
1877          (iii) industrial and commercial waste;
1878          (iv) sludge from an air or water control facility;
1879          (v) rubbish;
1880          (vi) ash;
1881          (vii) contained gaseous material;
1882          (viii) incinerator residue;
1883          (ix) demolition and construction debris;
1884          (x) a discarded automobile; and
1885          (xi) offal.
1886          (b) "Solid waste" does not include sewage or another highly diluted water carried
1887     material or substance and those in gaseous form.

1888          (11) "Solid waste management" means the purposeful and systematic collection,
1889     transportation, storage, processing, recovery, or disposal of solid waste.
1890          (12) (a) "Solid waste management facility" means a facility employed for solid waste
1891     management, including:
1892          (i) a transfer station;
1893          (ii) a transport system;
1894          (iii) a baling facility;
1895          (iv) a landfill; and
1896          (v) a processing system, including:
1897          (A) a resource recovery facility;
1898          (B) a facility for reducing solid waste volume;
1899          (C) a plant or facility for compacting, or composting, of solid waste;
1900          (D) an incinerator;
1901          (E) a solid waste disposal, reduction, pyrolization, or conversion facility;
1902          (F) a facility for resource recovery of energy consisting of:
1903          (I) a facility for the production, transmission, distribution, and sale of heat and steam;
1904          (II) a facility for the generation and sale of electric energy to a public utility,
1905     municipality, or other public entity that owns and operates an electric power system on March
1906     15, 1982; and
1907          (III) a facility for the generation, sale, and transmission of electric energy on an
1908     emergency basis only to a military installation of the United States; and
1909          (G) an auxiliary energy facility that is connected to a facility for resource recovery of
1910     energy as described in Subsection (12)(a)(v)(F), that:
1911          (I) is fueled by natural gas, landfill gas, or both;
1912          (II) consists of a facility for the production, transmission, distribution, and sale of
1913     supplemental heat and steam to meet all or a portion of the heat and steam requirements of a
1914     military installation of the United States; and
1915          (III) consists of a facility for the generation, transmission, distribution, and sale of
1916     electric energy to a public utility, a municipality described in Subsection (12)(a)(v)(F)(II), or a
1917     political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.
1918          (b) "Solid waste management facility" does not mean a facility that:

1919          (i) accepts and processes metal, as described in Subsection 19-6-102[(18)](19)(b), by
1920     separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a
1921     principle commodity grade product of prepared scrap metal for sale or use for remelting
1922     purposes provided that any byproduct or residual that would qualify as solid waste is managed
1923     at a solid waste management facility; or
1924          (ii) accepts and processes paper, plastic, rubber, glass, or textiles that:
1925          (A) have been source-separated or otherwise diverted from the solid waste stream
1926     before acceptance at the facility and that are not otherwise hazardous waste or subject to
1927     conditions of federal hazardous waste regulations; and
1928          (B) are reused or recycled as a valuable commercial commodity by separating,
1929     shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle
1930     commodity grade product, provided that any byproduct or residual that would qualify as solid
1931     waste is managed at a solid waste management facility.
1932          Section 29. Section 19-6-721.1 is enacted to read:
1933          19-6-721.1. Notice of violations -- Order for correction -- Civil action to enforce.
1934          (1) Whenever the director determines that a person is in violation of an applicable
1935     approved used oil operation permit, the requirements of this part, or any of the board's rules,
1936     the director may cause written notice of that violation to be served upon the alleged violator.
1937     The notice shall specify the provisions of the permit, this part, or rule alleged to have been
1938     violated, and the facts alleged to constitute the violation.
1939          (2) The director may:
1940          (a) issue an order requiring that necessary corrective action be taken within a
1941     reasonable time; or
1942          (b) request the attorney general or the county attorney in the county in which the
1943     violation is taking place to bring a civil action for injunctive relief and enforcement of this part.