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          ▸     modifies rules related to a penalty imposed on an agriculture discharge;
31          ▸     allows for discharge permits to be renewed;
32          ▸     addresses limitations on effluent limitations standards;
33          ▸     modifies definitions related to the Solid and Hazardous Waste Act;
34          ▸     addresses the powers of the Waste Management and Radiation Control Board,
35     including rulemaking;
36          ▸     modifies provisions related to the director of the Division of Waste Management
37     and Radiation Control;
38          ▸     addresses proof of service;
39          ▸     allows a designee of the executive director to issue enforceable written assurances;
40          ▸     addresses violations related to used oil management; and
41          ▸     makes technical and conforming amendments.
42     Money Appropriated in this Bill:
43          None
44     Other Special Clauses:
45          None
46     Utah Code Sections Affected:
47     AMENDS:
48          19-1-106, as last amended by Laws of Utah 2015, Chapter 451
49          19-1-201, as last amended by Laws of Utah 2019, Chapter 338
50          19-2-108, as last amended by Laws of Utah 2015, Chapters 154 and 441
51          19-2-109.1, as last amended by Laws of Utah 2015, Chapter 154
52          19-4-104, as repealed and reenacted by Laws of Utah 2018, Second Special Session,
53     Chapter 5
54          19-4-106, as last amended by Laws of Utah 2012, Chapter 360
55          19-4-107, as last amended by Laws of Utah 2012, Chapter 360
56          19-4-109, as last amended by Laws of Utah 2012, Chapter 360
57          19-4-114, as repealed and reenacted by Laws of Utah 2018, Second Special Session,

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

80     Be it enacted by the Legislature of the state of Utah:
81          Section 1. Section 19-1-106 is amended to read:
82          19-1-106. Boards within department.
83          (1) The following policymaking boards are created within the department:
84          (a) the Air Quality Board, appointed under Section 19-2-103;
85          (b) the Drinking Water Board, appointed under Section 19-4-103;

86          (c) the Water Quality Board, appointed under Section 19-5-103; and
87          (d) the Waste Management and Radiation Control Board, appointed under Section
88     [19-6-104] 19-6-103.
89          (2) The authority of the boards created in Subsection (1) is limited to the specific
90     authority granted them under this title.
91          Section 2. Section 19-1-201 is amended to read:
92          19-1-201. Powers and duties of department -- Rulemaking authority --
93     Committee -- Monitoring environmental impacts of inland port.
94          (1) The department shall:
95          (a) enter into cooperative agreements with the Department of Health to delineate
96     specific responsibilities to assure that assessment and management of risk to human health
97     from the environment are properly administered;
98          (b) consult with the Department of Health and enter into cooperative agreements, as
99     needed, to ensure efficient use of resources and effective response to potential health and safety
100     threats from the environment, and to prevent gaps in protection from potential risks from the
101     environment to specific individuals or population groups;
102          (c) coordinate implementation of environmental programs to maximize efficient use of
103     resources by developing, in consultation with local health departments, a Comprehensive
104     Environmental Service Delivery Plan that:
105          (i) recognizes that the department and local health departments are the foundation for
106     providing environmental health programs in the state;
107          (ii) delineates the responsibilities of the department and each local health department
108     for the efficient delivery of environmental programs using federal, state, and local authorities,
109     responsibilities, and resources;
110          (iii) provides for the delegation of authority and pass through of funding to local health
111     departments for environmental programs, to the extent allowed by applicable law, identified in
112     the plan, and requested by the local health department; and
113          (iv) is reviewed and updated annually;

114          (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
115     Rulemaking Act, as follows:
116          (i) for a board created in Section 19-1-106, rules regarding:
117          (A) board meeting attendance; and
118          (B) conflicts of interest procedures; and
119          (ii) procedural rules that govern:
120          (A) an adjudicative proceeding, consistent with Section 19-1-301; and
121          (B) a special adjudicative proceeding, consistent with Section 19-1-301.5; [and]
122          (e) ensure that [any] training or certification required of a public official or public
123     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
124     22, State Training and Certification Requirements, if the training or certification is required:
125          (i) under this title;
126          (ii) by the department; or
127          (iii) by an agency or division within the department[.]; and
128          (f) subject to Subsection (2), establish annual fees that conform with Title V of the
129     Clean Air Act for each regulated pollutant as defined in Section 19-2-109.1, applicable to a
130     source subject to the Title V program.
131          (2) (a) A fee established under Subsection (1)(f) is in addition to a fee assessed under
132     Subsection (6)(i) for issuance of an approval order.
133          (b) In establishing a fee under Subsection (1)(f), the department shall comply with
134     Section 63J-1-504 that requires a public hearing and requires the established fee to be
135     submitted to the Legislature for the Legislature's approval as part of the department's annual
136     appropriations request.
137          (c) A fee established under this section shall cover the reasonable direct and indirect
138     costs required to develop and administer the Title V program and the small business assistance
139     program established under Section 19-2-109.2.
140          (d) A fee established under Subsection (1)(f) shall be established for all sources subject
141     to the Title V program and for all regulated pollutants.

142          (e) An emission fee may not be assessed for a regulated pollutant if the emissions are
143     already accounted for within the emissions of another regulated pollutant.
144          (f) An emission fee may not be assessed for any amount of a regulated pollutant
145     emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
146          (g) An emission fee shall be based on actual emissions for a regulated pollutant unless
147     a source elects, before the issuance or renewal of a permit, to base the fee during the period of
148     the permit on allowable emissions for that regulated pollutant.
149          (h) The fees collected by the department under Subsection (1)(f) and penalties
150     collected under Subsection 19-2-109.1(4) shall be deposited into the General Fund as the Air
151     Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable
152     direct and indirect costs incurred by the department in developing and administering the
153     program and the small business assistance program under Section 19-2-109.2.
154          [(2)] (3) The department shall establish a committee that consists of:
155          (a) the executive director or the executive director's designee;
156          (b) two representatives of the department appointed by the executive director; and
157          (c) three representatives of local health departments appointed by a group of all the
158     local health departments in the state.
159          [(3)] (4) The committee established in Subsection [(2)] (3) shall:
160          (a) review the allocation of environmental quality resources between the department
161     and the local health departments;
162          (b) evaluate department policies that affect local health departments;
163          (c) consider policy changes proposed by the department or by local health departments;
164          (d) coordinate the implementation of environmental quality programs to maximize
165     environmental quality resources; and
166          (e) review each department application for any grant from the federal government that
167     affects a local health department before the department submits the application.
168          [(4)] (5) The committee shall create bylaws to govern the committee's operations.
169          [(5)] (6) The department may:

170          (a) investigate matters affecting the environment;
171          (b) investigate and control matters affecting the public health when caused by
172     environmental hazards;
173          (c) prepare, publish, and disseminate information to inform the public concerning
174     issues involving environmental quality;
175          (d) establish and operate programs, as authorized by this title, necessary for protection
176     of the environment and public health from environmental hazards;
177          (e) use local health departments in the delivery of environmental health programs to
178     the extent provided by law;
179          (f) enter into contracts with local health departments or others to meet responsibilities
180     established under this title;
181          (g) acquire real and personal property by purchase, gift, devise, and other lawful
182     means;
183          (h) prepare and submit to the governor a proposed budget to be included in the budget
184     submitted by the governor to the Legislature;
185          [(i) (i) establish a schedule of fees that may be assessed for actions and services of the
186     department according to the procedures and requirements of Section 63J-1-504; and]
187          [(ii) in accordance with Section 63J-1-504, all fees shall be reasonable, fair, and reflect
188     the cost of services provided;]
189          (i) in accordance with Section 63J-1-504, establish a schedule of fees that may be
190     assessed for actions and services of the department that are reasonable, fair, and reflect the cost
191     of services provided;
192          (j) for an owner or operator of a source subject to a fee established by Subsection (6)(i)
193     who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in addition to
194     the fee, plus interest on the fee computed at 12% annually;
195          [(j)] (k) prescribe by rule reasonable requirements not inconsistent with law relating to
196     environmental quality for local health departments;
197          [(k)] (l) perform the administrative functions of the boards established by Section

198     19-1-106, including the acceptance and administration of grants from the federal government
199     and from other sources, public or private, to carry out the board's functions;
200          [(l)] (m) upon the request of [any] a board or a division director, provide professional,
201     technical, and clerical staff and field and laboratory services, the extent of which are limited by
202     the [funds] money available to the department for the staff and services; and
203          [(m)] (n) establish a supplementary fee, not subject to Section 63J-1-504, to provide
204     service that the person paying the fee agrees by contract to be charged for the service [in order]
205     to efficiently [utilize] use department resources, protect department permitting processes,
206     address extraordinary or unanticipated stress on permitting processes, or make use of
207     specialized expertise.
208          [(6)] (7) In providing service under Subsection [(5)(m)] (6)(n), the department may not
209     provide service in a manner that impairs [any other] another person's service from the
210     department.
211          [(7)] (8) (a) As used in this Subsection [(7)] (8):
212          (i) "Environmental impacts" means:
213          (A) impacts on air quality, including impacts associated with air emissions; and
214          (B) impacts on water quality, including impacts associated with storm water runoff.
215          (ii) "Inland port" means the same as that term is defined in Section 11-58-102.
216          (iii) "Inland port area" means the area in and around the inland port that bears the
217     environmental impacts of destruction, construction, development, and operational activities
218     within the inland port.
219          (iv) "Monitoring facilities" means:
220          (A) for monitoring air quality, a sensor system consisting of monitors to measure levels
221     of research-grade particulate matter, ozone, and oxides of nitrogen, and data logging equipment
222     with internal data storage [which] that are interconnected at all times to capture air quality
223     readings and store data; and
224          (B) for monitoring water quality, facilities to collect groundwater samples, including in
225     existing conveyances and outfalls, to evaluate sediment, metals, organics, and nutrients due to

226     storm water.
227          (b) The department shall:
228          (i) develop and implement a sampling and analysis plan to:
229          (A) characterize the environmental baseline for air quality and water quality in the
230     inland port area;
231          (B) characterize the environmental baseline for only air quality for the Salt Lake
232     International Airport; and
233          (C) define the frequency, parameters, and locations for monitoring;
234          (ii) establish and maintain monitoring facilities to measure the environmental impacts
235     in the inland port area arising from destruction, construction, development, and operational
236     activities within the inland port;
237          (iii) publish the monitoring data on the department's website; and
238          (iv) provide at least annually before November 30 a written report summarizing the
239     monitoring data to:
240          (A) the Utah Inland Port Authority board, established under Title 11, Chapter 58, Part
241     3, Port Authority Board; and
242          (B) the Legislative Management Committee.
243          Section 3. Section 19-2-108 is amended to read:
244          19-2-108. Notice of construction or modification of installations required --
245     Authority of director to prohibit construction -- Hearings -- Limitations on authority of
246     director -- Inspections authorized.
247          (1) Notice shall be given to the director by a person planning to:
248          (a) construct a new installation [which] that will or might reasonably be expected to be
249     a source or indirect source of air pollution [or to];
250          (b) make modifications to an existing installation [which] that will or might reasonably
251     be expected to increase the amount of or change the character or effect of air pollutants
252     discharged, so that the installation may be expected to be a source or indirect source of air
253     pollution[,]; or [by a person planning to]

254          (c) install an air cleaning device or other equipment intended to control emission of air
255     pollutants.
256          (2) A person may not operate a source of air pollution required to have a permit by a
257     rule adopted under Section 19-2-104 or 19-2-107 without having obtained a permit from the
258     director under procedures the board establishes by rule.
259          [(2)] (3) (a) The director may require, as a condition precedent to the construction,
260     modification, installation, or establishment of the air pollutant source or indirect source, the
261     submission of plans, specifications, and other information as [he] the director finds necessary
262     to determine whether the proposed construction, modification, installation, or establishment
263     will be in accord with applicable rules in force under this chapter, and the payment of a new
264     source review fee established under Subsection 19-1-201(6)(i).
265          (b) If within 90 days after the receipt of plans, specifications, or other information
266     required under this [subsection] Subsection (3), the director determines that the proposed
267     construction, installation, or establishment or any part of it will not be in accord with the
268     requirements of this chapter or applicable rules or that further time, not exceeding three
269     extensions of 30 days each, is required by the director to adequately review the plans,
270     specifications, or other information, [he] the director shall issue an order prohibiting the
271     construction, installation, or establishment of the air pollutant source or sources in whole or in
272     part.
273          [(3)] (4) In addition to any other remedies but [prior to] before invoking any [such]
274     other remedies, a person aggrieved by the issuance of an order either granting or denying a
275     request for the construction of a new installation, [shall,] upon request, in accordance with the
276     rules of the department, [be] is entitled to a special adjudicative proceeding conducted by an
277     administrative law judge as provided by Section 19-1-301.5.
278          [(4) Any features, machines, and devices constituting parts of] (5) A feature, machine,
279     or device constituting a part of or called for by plans, specifications, or other information
280     submitted under Subsection (1) shall be maintained in good working order.
281          [(5)] (6) This section does not authorize the director to require the use of machinery,

282     devices, or equipment from a particular supplier or produced by a particular manufacturer if the
283     required performance standards may be met by machinery, devices, or equipment otherwise
284     available.
285          [(6)] (7) (a) An authorized officer, employee, or representative of the director may enter
286     and inspect [any] a property, premise, or place on or at which an air pollutant source is located
287     or is being constructed, modified, installed, or established at [any] a reasonable time for the
288     purpose of ascertaining the state of compliance with this chapter and the rules adopted under
289     [it] this chapter.
290          (b) (i) A person may not refuse entry or access to an authorized representative of the
291     director who requests entry for purposes of inspection and who presents appropriate
292     credentials.
293          (ii) A person may not obstruct, hamper, or interfere with an inspection.
294          (c) If requested, the owner or operator of the premises shall receive a report setting
295     forth [all] the facts found [which] that relate to compliance status.
296          Section 4. Section 19-2-109.1 is amended to read:
297          19-2-109.1. Operating permit required -- Fees -- Implementation.
298          (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
299          (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
300          (b) "EPA" means the federal Environmental Protection Agency.
301          (c) "Operating permit" means a permit issued by the director to sources of air pollution
302     that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
303          (d) "Program" means the air pollution operating permit program established under this
304     section to comply with Title V of the 1990 Clean Air Act.
305          (e) "Regulated pollutant" means the same as that term is defined in Title V of the 1990
306     Clean Air Act and implementing federal regulations.
307          (2) A person may not operate a source of air pollution required to have a permit under
308     Title V of the 1990 Clean Air Act without having obtained an operating permit from the
309     director under procedures the board establishes by rule.

310          (3) (a) Operating permits issued under this section shall be for a period of five years
311     unless the director makes a written finding, after public comment and hearing, and based on
312     substantial evidence in the record, that an operating permit term of less than five years is
313     necessary to protect the public health and the environment of the state.
314          (b) The director may issue, modify, or renew an operating permit only after providing
315     public notice, an opportunity for public comment, and an opportunity for a public hearing.
316          (c) The director shall, in conformity with the 1990 Clean Air Act and implementing
317     federal regulations, revise the conditions of issued operating permits to incorporate applicable
318     federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the
319     remaining period of the permit is three or more years.
320          (d) The director may terminate, modify, revoke, or reissue an operating permit for
321     cause.
322          [(4) (a) The board shall establish a proposed annual emissions fee that conforms with
323     Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
324     required to obtain a permit. The emissions fee established under this section is in addition to
325     fees assessed under Section 19-2-108 for issuance of an approval order.]
326          [(b) In establishing the fee the board shall comply with the provisions of Section
327     63J-1-504 that require a public hearing and require the established fee to be submitted to the
328     Legislature for its approval as part of the department's annual appropriations request.]
329          [(c) The fee shall cover all reasonable direct and indirect costs required to develop and
330     administer the program and the small business assistance program established under Section
331     19-2-109.2. The director shall prepare an annual report of the emissions fees collected and the
332     costs covered by those fees under this Subsection (4).]
333          [(d) The fee shall be established uniformly for all sources required to obtain an
334     operating permit under the program and for all regulated pollutants.]
335          [(e) The fee may not be assessed for emissions of any regulated pollutant if the
336     emissions are already accounted for within the emissions of another regulated pollutant.]
337          [(f) An emissions fee may not be assessed for any amount of a regulated pollutant

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

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

394     19-3-108.1(2)(c) that requires a civil penalty equal to or greater than $25,000; and
395          (ii) approve or disapprove the settlement described in Subsection (2)(b)(i);
396          (c) review the qualifications of, and issue certificates of approval to, individuals who:
397          (i) survey mammography equipment; or
398          (ii) oversee quality assurance practices at mammography facilities.
399          (3) The board may not issue, amend, renew, modify, revoke, or terminate any of the
400     following that are subject to the authority granted to the director under Section 19-3-108.1:
401          (a) a permit;
402          (b) a license;
403          (c) a registration;
404          (d) a certification; or
405          (e) another administrative authorization made by the director.
406          Section 6. Section 19-3-108.1 is enacted to read:
407          19-3-108.1. Powers and duties of director.
408          (1) The director shall, in connection with this chapter and rules of the board adopted
409     under this part:
410          (a) develop programs to promote and protect the public from radiation sources in the
411     state;
412          (b) advise, consult, cooperate with, and provide technical assistance to another agency,
413     a state, the federal government, a political subdivision, an industry, or another person in
414     carrying out this part;
415          (c) receive specifications or other information relating to a licensing application for
416     radioactive material or registration of a radiation source for review, approval, disapproval, or
417     termination;
418          (d) issue a permit, license, registration, certification, or other administrative
419     authorization;
420          (e) review and approve a plan;
421          (f) assess a penalty in accordance with Section 19-3-109;

422          (g) impound radioactive material under Section 19-3-111;
423          (h) issue an order necessary to enforce this part;
424          (i) enforce an order by an appropriate administrative and judicial proceeding; and
425          (j) institute a judicial proceeding to secure compliance with this part.
426          (2) The director may:
427          (a) cooperate with any person in studies, research, or demonstration projects regarding
428     radioactive waste management or control of radiation sources;
429          (b) employ employees as may be reasonably necessary to carry out this part;
430          (c) subject to Subsection 19-3-103.1(2)(b), settle or compromise any administrative or
431     civil action initiated to compel compliance with this part and rules adopted under this part; and
432          (d) authorize employees or representatives of the department to enter, at reasonable
433     times and upon reasonable notice, in and upon public or private property for the purpose of
434     inspecting and investigating conditions and records concerning radiation sources and as
435     otherwise authorized by this part.
436          Section 7. Section 19-4-104 is amended to read:
437          19-4-104. Powers of board.
438          (1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah
439     Administrative Rulemaking Act:
440          (i) establishing standards that prescribe the maximum contaminant levels in [any] a
441     public water system and provide for monitoring, record-keeping, and reporting of water quality
442     related matters;
443          (ii) governing design, construction, operation, and maintenance of public water
444     systems;
445          (iii) granting variances and exemptions to the requirements established under this
446     chapter that are not less stringent than those allowed under federal law;
447          (iv) protecting watersheds and water sources used for public water systems;
448          (v) governing capacity development in compliance with Section 1420 of the federal
449     Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and

450          (vi) for a community water system failing to comply with the reporting requirements
451     under Subsections (1)(c)(iv) and (v):
452          (A) establishing fines and penalties, including posting on the division's web page those
453     community water systems that fail to comply with the reporting requirements; and
454          (B) allowing a community water system, in lieu of penalties established under
455     Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the [division] director
456     that requires compliance and establishes a compliance schedule approved by the director.
457          (b) The board may:
458          [(i) order the director to:]
459          [(A) issue orders necessary to enforce the provisions of this chapter;]
460          [(B) enforce the orders by appropriate administrative and judicial proceedings; or]
461          [(C) institute judicial proceedings to secure compliance with this chapter;]
462          [(ii) (A)] (i) hold a hearing that is not an adjudicative proceeding relating to an aspect
463     of, or matter in, the administration of this chapter; [or]
464          [(B)] (ii) appoint a hearing [officers] officer to conduct a hearing that is not an
465     adjudicative proceeding; [or]
466          (iii) recommend that the director:
467          (A) issue an order necessary to enforce this chapter;
468          (B) enforce an order by appropriate administrative and judicial proceedings;
469          (C) institute a judicial proceeding to secure compliance with this chapter; or
470          (D) advise, consult, contract, and cooperate with another agency of the state, a local
471     government, an industry, another state, an interstate or interlocal agency, the federal
472     government, or an interested person; or
473          [(iii)] (iv) request and accept financial assistance from other public agencies, private
474     entities, and the federal government to carry out the purposes of this chapter.
475          (c) The board shall:
476          (i) require the submission to the director of plans and specifications for construction of,
477     substantial addition to, or alteration of public water systems for review and approval by the

478     [board] director before that action begins and require any modifications or impose any
479     conditions that may be necessary to carry out the purposes of this chapter;
480          (ii) advise, consult, cooperate with, provide technical assistance to, and enter into
481     agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
482     municipalities, local health departments, educational institutions, and others necessary to carry
483     out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
484     local jurisdictions;
485          (iii) develop and implement an emergency plan to protect the public when declining
486     drinking water quality or quantity creates a serious health risk and issue emergency orders if a
487     health risk is imminent;
488          (iv) require a community water system serving a population of 500 or more to annually
489     collect accurate water use data, described in Subsection [(6)](7), and annually report that data
490     to the Division of Water Rights;
491          (v) require a certified operator, or a professional engineer performing the duties of a
492     certified water operator, to verify by certification or license number the accuracy of water use
493     data reported by a public water system, including the data required from a community water
494     system under Subsection (1)(c)(iv); [and]
495          (vi) meet the requirements of federal law related or pertaining to drinking water[.]; and
496          (vii) to ensure compliance with applicable statutes and rules:
497          (A) review a settlement negotiated by the director in accordance with Subsection
498     19-4-109(3) that requires a civil penalty equal to or greater than $25,000; and
499          (B) approve or disapprove the settlement described in Subsection (1)(c)(vii)(A).
500          (2) (a) The board may adopt [and enforce] standards and establish fees for certification
501     of operators of [any] a public water system.
502          (b) The board may not require certification of operators for a water system serving a
503     population of 800 or less except:
504          (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
505     Water Act, 42 U.S.C. Sec. 300f et seq.; and

506          (ii) for a system that is required to treat its drinking water.
507          (c) The certification program shall be funded from certification and renewal fees.
508          (3) Routine extensions or repairs of existing public water systems that comply with the
509     rules and do not alter the public water system's ability to provide an adequate supply of water
510     are exempt from [the provisions of] Subsection (1)(c)(i).
511          (4) (a) The board may adopt [and enforce] standards and establish fees for certification
512     of persons engaged in administering cross connection control programs or backflow prevention
513     assembly training, repair, and maintenance testing.
514          (b) The certification program shall be funded from certification and renewal fees.
515          (5) The board may not issue, amend, renew, modify, revoke, or terminate any of the
516     following that are subject to the authority granted to the director under this chapter:
517          (a) a permit;
518          (b) a license;
519          (c) a registration;
520          (d) a certificate; or
521          (e) another administrative authorization made by the director.
522          [(5)] (6) A board member may not speak or act for the board unless the board member
523     is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
524          [(6)] (7) (a) The water use data required to be collected in Subsection (1)(c)(iv) shall
525     include peak day source demand, average annual demand, the number of equivalent residential
526     connections for retail service, and the quantity of non-revenue water.
527          (b) The division may, by rule, establish:
528          (i) other types of water use data required to be collected in addition to that listed in
529     Subsection [(6)] (7)(a); and
530          (ii) alternative methods for calculating the water use data listed in Subsection [(6)]
531     (7)(a).
532          Section 8. Section 19-4-106 is amended to read:
533          19-4-106. Director -- Appointment -- Authority.

534          (1) The executive director shall appoint the director. The director shall serve under the
535     administrative direction of the executive director.
536          (2) The director shall:
537          (a) develop programs to promote and protect the quality of the public drinking water
538     supplies of the state;
539          (b) advise, consult, and cooperate with other agencies of this and other states, the
540     federal government, and with other groups, political subdivisions, and industries in furtherance
541     of the purpose of this chapter;
542          (c) review plans, specifications, and other data pertinent to proposed or expanded water
543     supply systems to ensure proper design and construction; and
544          (d) subject to the provisions of this chapter, enforce rules made by the board through
545     the issuance of orders [which] that may be subsequently revoked, which [rules] orders may
546     require:
547          (i) discontinuance of use of unsatisfactory sources of drinking water;
548          (ii) suppliers to notify the public concerning the need to boil water; or
549          (iii) suppliers in accordance with existing rules, to take remedial actions necessary to
550     protect or improve an existing water system; and
551          (e) as authorized by the board and subject to the provisions of this chapter, act as
552     executive secretary of the board under the direction of the [chairman] chair of the board.
553          (3) The director may authorize employees or agents of the department, after reasonable
554     notice and presentation of credentials, to enter any part of a public water system at reasonable
555     times to inspect the facilities and water quality records required by board rules, conduct
556     sanitary surveys, take samples, and investigate the standard of operation and service delivered
557     by public water systems.
558          (4) As provided in this chapter and in accordance with rules made by the board:
559          (a) the director may issue and enforce a notice of violation and an administrative order;
560     and
561          (b) the director may assess and make a demand for payment of an administrative

562     penalty arising from a violation of this chapter, a rule or order issued under the authority of this
563     chapter, or the terms of a permit or other administrative authorization issued under the
564     authority of this chapter.
565          Section 9. Section 19-4-107 is amended to read:
566          19-4-107. Notice of violation -- Action by attorney general.
567          (1) Upon discovery of any violation of this chapter or a rule [or order] of the board,
568     [the board or] the director shall promptly notify the supplier of the violation, state the nature of
569     the violation, and issue an order requiring correction of that violation or the filing of a request
570     for variance or exemption by a specific date.
571          (2) The attorney general shall, upon request of the director, commence an action for an
572     injunction or other relief relative to the order.
573          Section 10. Section 19-4-109 is amended to read:
574          19-4-109. Violations -- Penalties -- Reimbursement for expenses.
575          [(1) Any person that violates any rule or order made or issued pursuant to this chapter
576     is subject to a civil penalty of not more than $1,000 per day for each day of violation. The
577     board may assess and make a demand for payment of a penalty under this section by directing
578     the director to issue a notice of agency action under Title 63G, Chapter 4, Administrative
579     Procedures Act.]
580          (1) As used in this section, "criminal negligence" means the same as that term is
581     defined in Section 76-2-103.
582          (2) (a) A person who violates this chapter, a rule or order issued under the authority of
583     this chapter, or the terms of a permit or other administrative authorization issued under the
584     authority of this chapter is subject to an administrative penalty:
585          (i) not to exceed $1,000 per day per violation, with respect to a public water system
586     serving a population of less than 10,000 individuals; or
587          (ii) exactly $1,000 per day per violation, with respect to a public water system serving
588     a population of more than 10,000 individuals.
589          (b) In all cases, each day of violation is considered a separate violation.

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

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

646     a community water system's actual water use data submitted in accordance with Subsections
647     19-4-104(1)(c)(iv) and (v).
648          (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available
649     to the division, or if the community water system determines that the data submitted does not
650     represent future system use, the director may establish source and storage minimum sizing
651     requirements for the community water system based on:
652          (i) an engineering study submitted by the community water system and accepted by the
653     director; or
654          (ii) at least three years of historical water use data that is:
655          (A) submitted by the community water system; and
656          (B) accepted by the director.
657          (c) A community water system serving a population of more than 3,300 shall provide
658     the information necessary to establish the system-specific standards described in this
659     Subsection (1) by no later than March 1, 2019.
660          (2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b),
661     the director shall establish system-specific source and storage minimum sizing requirements for
662     a community water system serving a population of between 500 and no more than 3,300 based
663     on at least the most recent three years of a community water system's actual water use data
664     submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v).
665          (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available
666     to the division, or if the community water system determines that the data submitted does not
667     represent future system use, the director may establish source and storage minimum sizing
668     requirements for the community water system based on:
669          (i) an engineering study submitted by the community water system and accepted by the
670     director; or
671          (ii) at least three years of historical water use data that is:
672          (A) submitted by the community water system; and
673          (B) accepted by the director.

674          (c) A community water system serving a population of between 500 and no more than
675     3,300 shall provide the information necessary to establish system-specific standards described
676     in this Subsection (2) by no later than March 1, 2023.
677          (3) The director shall establish system-specific source and storage minimum sizing
678     requirements for a community water system serving a population of fewer than 500 based on:
679          (a) at least the most recent three years of a community water system's actual water use
680     data submitted to the division and accepted by the director;
681          (b) an engineering study submitted by the community water system and accepted by the
682     director;
683          (c) standards, comparable to those of established community water systems, as
684     determined by the director; or
685          (d) relevant information, as determined by the director.
686          (4) The director shall:
687          (a) for community water systems described in Subsection (3), establish a schedule to
688     transition from statewide sizing standards to system-specific standards;
689          (b) establish minimum sizing standards for public water systems that are not
690     community water systems;
691          (c) provide for the routine evaluation of changes to the system-specific standards; and
692          (d) include, as part of system-specific standards, necessary fire storage capacity in
693     accordance with the state fire code adopted under Section 15A-1-403 and as determined by the
694     local fire code official.
695          (5) The director may adjust system-specific sizing standards, established under this
696     section for a public water system, based on information submitted by the public water system
697     addressing the effect of any wholesale water deliveries or other system-specific conditions
698     affecting infrastructure needs.
699          (6) A wholesale water supplier is exempt from this section if the wholesale water
700     supplier serves:
701          (a) a total population of more than 10,000; and

702          (b) a wholesale population that is 75% or more of the total population served.
703          Section 12. Section 19-5-102 is amended to read:
704          19-5-102. Definitions.
705          As used in this chapter:
706          (1) "Agriculture discharge":
707          (a) means the release of agriculture water from the property of a farm, ranch, or feed lot
708     that:
709          (i) pollutes a surface body of water, including a stream, lake, pond, marshland,
710     watercourse, waterway, river, ditch, and other water conveyance system of the state;
711          (ii) pollutes the ground water of the state; or
712          (iii) constitutes a significant nuisance on urban land; and
713          (b) does not include:
714          (i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land
715     that is not part of a body of water; or
716          (ii) a release into a normally dry water conveyance [to an active body of water], unless
717     the release reaches the water of a lake, pond, stream, marshland, river, or other active body of a
718     water.
719          (2) "Agriculture water" means:
720          (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
721          (b) return flows from irrigated agriculture; and
722          (c) agricultural storm water runoff.
723          (3) "Board" means the Water Quality Board created in Section 19-1-106.
724          (4) "Commission" means the Conservation Commission, created in Section 4-18-104.
725          (5) "Contaminant" means [any] a physical, chemical, biological, or radiological
726     substance or matter in water.
727          (6) "Director" means the director of the Division of Water Quality or, for purposes of
728     groundwater quality at a facility licensed by and under the jurisdiction of the Division of
729     Waste Management and Radiation Control, the director of the Division of Waste Management

730     and Radiation Control.
731          (7) "Discharge" means the addition of [any] a pollutant to [any] waters of the state.
732          (8) "Discharge permit" means a permit issued to a person who:
733          (a) discharges or whose activities would probably result in a discharge of pollutants
734     into the waters of the state; or
735          (b) generates or manages sewage sludge.
736          (9) "Disposal system" means a system for disposing of wastes and includes sewerage
737     systems and treatment works.
738          (10) "Division" means the Division of Water Quality, created in Subsection
739     19-1-105(1)(e).
740          (11) "Effluent limitations" means [any] restrictions, requirements, or prohibitions,
741     including schedules of compliance established under this chapter, [which] that apply to
742     discharges.
743          (12) "Point source":
744          (a) means [any] discernible, confined, and discrete conveyance, including [any] a pipe,
745     ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
746     animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
747     discharged; and
748          (b) does not include return flows from irrigated agriculture.
749          (13) "Pollution" means [any] a man-made or man-induced alteration of the chemical,
750     physical, biological, or radiological integrity of [any] waters of the state, unless the alteration is
751     necessary for the public health and safety.
752          (14) "Publicly owned treatment works" means [any] a facility for the treatment of
753     pollutants owned by the state, its political subdivisions, or other public entity.
754          (15) "Schedule of compliance" means a schedule of remedial measures, including an
755     enforceable sequence of actions or operations leading to compliance with this chapter.
756          (16) "Sewage sludge" means [any] solid, semisolid, or liquid residue removed during
757     the treatment of municipal wastewater or domestic sewage.

758          (17) "Sewerage system" means pipelines or conduits, pumping stations, and [all] other
759     constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to
760     a point of ultimate disposal.
761          (18) "Total maximum daily load" means a calculation of the maximum amount of a
762     pollutant that a body of water can receive and still meet water quality standards.
763          (19) "Treatment works" means [any] a plant, disposal field, lagoon, dam, pumping
764     station, incinerator, or other works used for the purpose of treating, stabilizing, or holding
765     wastes.
766          (20) "Underground injection" means the subsurface emplacement of fluids by well
767     injection.
768          (21) "Underground wastewater disposal system" means a system for [disposing]
769     underground disposal of domestic wastewater discharges as defined by the board and the
770     executive director.
771          (22) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue,
772     sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
773     materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
774     municipal, and agricultural waste discharged into water.
775          (23) "Waters of the state":
776          (a) means [all] streams, lakes, ponds, marshes, watercourses, waterways, wells,
777     springs, irrigation systems, drainage systems, and all other bodies or accumulations of water,
778     surface and underground, natural or artificial, public or private, [which] that are contained
779     within, flow through, or border upon this state or any portion of the state; and
780          (b) does not include bodies of water confined to and retained within the limits of
781     private property, and [which] that do not develop into or constitute a nuisance, a public health
782     hazard, or a menace to fish or wildlife.
783          Section 13. Section 19-5-104 is amended to read:
784          19-5-104. Powers and duties of board.
785          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

786     board may make rules that:
787          (a) taking into account Subsection (6):
788          (i) implement the awarding of construction loans to political subdivisions and
789     municipal authorities under Section 11-8-2, including:
790          (A) requirements pertaining to applications for [loans] a loan;
791          (B) requirements for determination of an eligible [projects] project;
792          (C) requirements for determination of the costs upon which [loans are] a loan is based,
793     which costs may include engineering, financial, legal, and administrative expenses necessary
794     for the construction, reconstruction, and improvement of a sewage treatment [plants] plant,
795     including a major [interceptors, collection systems, and other facilities] interceptor, collection
796     system, or other facility appurtenant to the plant;
797          (D) a priority schedule for awarding loans, in which the board may consider, in
798     addition to water pollution control needs, any financial needs relevant, including per capita
799     cost, in making a determination of priority; and
800          (E) requirements for determination of the amount of the loan;
801          (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
802     73-10c-4.5;
803          (iii) set effluent limitations and standards subject to Section 19-5-116;
804          (iv) implement or effectuate the powers and duties of the board; and
805          (v) protect the public health for the design, construction, operation, and maintenance of
806     underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
807     pit privies;
808          (b) govern inspection, monitoring, recordkeeping, and reporting requirements for
809     underground injections and require permits for underground injections, to protect drinking
810     water sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and
811     oil, recognizing that underground injection endangers drinking water sources if:
812          (i) injection may result in the presence of [any] a contaminant in underground water
813     that supplies or can reasonably be expected to supply [any] a public water system, as defined in

814     Section 19-4-102; and
815          (ii) the presence of the contaminant may:
816          (A) result in the public water system not complying with any national primary drinking
817     water standards; or
818          (B) otherwise adversely affect the health of persons;
819          (c) govern sewage sludge management, including permitting, inspecting, monitoring,
820     recordkeeping, and reporting requirements; and
821          (d) notwithstanding [the provisions of] Section 19-4-112, govern design and
822     construction of irrigation systems that:
823          (i) convey sewage treatment facility effluent of human origin in pipelines under
824     pressure, unless contained in surface pipes wholly on private property and for agricultural
825     purposes; and
826          (ii) are constructed after May 4, 1998.
827          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
828     the board shall adopt and enforce rules and establish fees to cover the costs of:
829          (i) managing the certification and testing program; and
830          (ii) testing for certification of operators of treatment works and sewerage systems
831     operated by political subdivisions.
832          (b) In establishing certification rules under Subsection (2)(a), the board shall:
833          (i) base the requirements for certification on the size, treatment process type, and
834     complexity of the treatment works and sewerage systems operated by political subdivisions;
835          (ii) allow operators until three years after the date of adoption of the rules to obtain
836     initial certification;
837          (iii) allow a new operator one year from the date the operator is hired by a treatment
838     plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
839     later, to obtain certification;
840          (iv) issue certification upon application and without testing, at a grade level
841     comparable to the grade of current certification to operators who are currently certified under

842     the voluntary certification plan for wastewater works operators as recognized by the board; and
843          (v) issue a certification upon application and without testing that is valid only at the
844     treatment works or sewerage system where that operator is currently employed if the operator:
845          (A) is in charge of and responsible for the treatment works or sewerage system on
846     March 16, 1991;
847          (B) has been employed at least 10 years in the operation of that treatment works or
848     sewerage system before March 16, 1991; and
849          (C) demonstrates to the board the operator's capability to operate the treatment works
850     or sewerage system at which the operator is currently employed by providing employment
851     history and references as required by the board.
852          (3) The board shall:
853          (a) develop programs for the prevention, control, and abatement of new or existing
854     pollution of the waters of the state;
855          (b) adopt, modify, or repeal standards of quality of the waters of the state and classify
856     those waters according to their reasonable uses in the interest of the public under conditions the
857     board may prescribe for the prevention, control, and abatement of pollution;
858          (c) give reasonable consideration in the exercise of its powers and duties to the
859     economic impact of water pollution control on industry and agriculture;
860          (d) meet the requirements of federal law related to water pollution;
861          (e) establish and conduct a continuing planning process for control of water pollution,
862     including the specification and implementation of maximum daily loads of pollutants;
863          (f) (i) approve, approve in part, approve with conditions, or deny, in writing, an
864     application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
865          (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
866     Reuse Act;
867          (g) (i) review [all] total daily maximum load reports and recommendations for water
868     quality end points and implementation strategies developed by the division before submission
869     of the report, recommendation, or implementation strategy to the EPA;

870          (ii) disapprove, approve, or approve with conditions [all] the staff total daily maximum
871     load recommendations; and
872          (iii) provide suggestions for further consideration to the Division of Water Quality in
873     the event a total daily maximum load strategy is rejected; and
874          (h) to ensure compliance with applicable statutes and regulations:
875          (i) review a settlement negotiated by the director in accordance with Subsection
876     19-5-106(2)(k) that requires a civil penalty of $25,000 or more; and
877          (ii) approve or disapprove the settlement described in Subsection (3)(h)(i).
878          (4) The board may:
879          (a) order the director to issue, modify, or revoke [orders] an order:
880          (i) prohibiting or abating discharges;
881          (ii) (A) requiring the construction of new treatment works or any parts of [them, or] the
882     new treatment works;
883          (B) requiring the modification, extension, or alteration of existing treatment works as
884     specified by board rule or any parts of [them,] existing treatment works; or
885          (C) the adoption of other remedial measures to prevent, control, or abate pollution;
886          (iii) setting standards of water quality, classifying waters or evidencing any other
887     determination by the board under this chapter; or
888          (iv) requiring compliance with this chapter and with rules made under this chapter;
889          (b) advise, consult, and cooperate with [other agencies] another agency of the state, the
890     federal government, [other states, or interstate agencies, or with affected groups, political
891     subdivisions, or industries] another state, an interstate agency, an affected group, an affected
892     political subdivision, or affected industry to further the purposes of this chapter; or
893          (c) delegate the authority to issue an operating permit to a local health department.
894          (5) In performing the duties listed in Subsections (1) through (4), the board shall give
895     priority to pollution that results in a hazard to the public health.
896          (6) The board shall take into consideration the availability of federal grants:
897          (a) in determining eligible project costs; and

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

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

954          (3) In reviewing a [report, strategy, rule, standard, or recommendation] rule or
955     standard, the Natural Resources, Agriculture, and Environment Interim Committee may:
956          (a) consider the impact of the [report, strategy, rule, standard, or recommendation] rule
957     or standard on:
958          (i) economic costs and benefit;
959          (ii) public health; and
960          (iii) the environment;
961          (b) suggest additional areas of consideration; or
962          (c) recommend the [report, strategy, rule, standard, or recommendation] rule or
963     standard to the board for:
964          (i) adoption; or
965          (ii) re-evaluation followed by further review by the [committee] Natural Resources,
966     Agriculture, and Environment Interim Committee.
967          (4) When the Natural Resources, Agriculture, and Environment Interim Committee
968     sets the review of a rule or standard submitted under Subsection (2)(c)(i) as an agenda item, the
969     committee shall:
970          (a) before the review, directly inform the chairs of the Administrative Rules Review
971     Committee of the coming review, including the date, time, and place of the review; and
972          (b) after the review, directly inform the chairs of the Administrative Rules Review
973     Committee of the outcome of the review, including any recommendation.
974          Section 15. Section 19-5-105.5 is amended to read:
975          19-5-105.5. Agriculture water.
976          (1) (a) The board shall draft any rules relating to agriculture water in cooperation with
977     the commission.
978          (b) The commission shall advise the board before the board may adopt [rules] a rule
979     relating to agriculture water.
980          (2) A program or rule adopted by the board for agriculture production or irrigation
981     water shall:

982          (a) be consistent with the federal Clean Water Act; and
983          (b) if possible, be developed in a voluntary cooperative program with the agriculture
984     producer associations and the commission.
985          (3) (a) The board's authority to regulate a discharge is subject to Subsection (3)(b)
986     relating to an agriculture discharge.
987          (b) (i) A person responsible for an agriculture discharge shall mitigate the resulting
988     damage in a reasonable manner, as approved by the director after consulting with the
989     commission chair.
990          (ii) A penalty imposed on an agriculture discharge shall be [proportionate to the
991     seriousness of the resulting harm] consistent with the penalty policy described in Section
992     19-5-115 and associated rules, as determined by the director in consultation with the
993     commission chair.
994          (iii) An agriculture producer may not be held liable for an agriculture discharge
995     resulting from a large weather event if the agriculture producer has taken reasonable measures,
996     as the board defines by rule, to prevent an agriculture discharge.
997          Section 16. Section 19-5-108 is amended to read:
998          19-5-108. Discharge permits -- Requirements and procedure for issuance.
999          (1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
1000     Administrative Rulemaking Act, for and require the submission of plans, specifications, and
1001     other information to the director in connection with the issuance of discharge permits.
1002          (2) [Each] A discharge permit shall have a fixed term not exceeding five years. Upon
1003     expiration of a discharge permit, the permit may be renewed or a new permit may be issued by
1004     the director as authorized by the board after notice and an opportunity for public hearing and
1005     upon condition that the applicant meets or will meet [all] the applicable requirements of this
1006     chapter, including the conditions of [any] a permit granted by the board.
1007          (3) The board may require notice to the director of the introduction of pollutants into
1008     publicly-owned treatment works and identification to the director of the character and volume
1009     of any pollutant of any significant source subject to pretreatment standards under Subsection

1010     307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance
1011     with pretreatment standards.
1012          (4) The director may impose as conditions in permits for the discharge of pollutants
1013     from publicly-owned treatment works appropriate measures to establish and [insure] ensure
1014     compliance by industrial users with any system of user charges required under this chapter or
1015     the rules adopted under [it] this chapter.
1016          (5) The director may apply and enforce against industrial users of publicly-owned
1017     treatment works, toxic effluent standards and pretreatment standards for the introduction into
1018     the treatment works of pollutants [which] that interfere with, pass through, or otherwise are
1019     incompatible with the treatment works.
1020          Section 17. Section 19-5-116 is amended to read:
1021          19-5-116. Limitation on effluent limitation standards for BOD, Total Suspended
1022     Solids, Bacteria, and pH for domestic or municipal sewage.
1023          Unless required to meet instream water quality standards or federal requirements
1024     established under the federal [Water Pollution Control Act] Clean Water Act, the board may
1025     not establish, under Section 19-5-104, effluent limitation standards for Biochemical Oxygen
1026     Demand (BOD), Total Suspended Solids (SS), [Coliforms] Bacteria, and pH for domestic or
1027     municipal sewage [which] that are more stringent than the following:
1028          (1) Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values
1029     determined on effluent samples collected during any 30-day period may not exceed 25 mg/l,
1030     nor shall the arithmetic mean exceed 35 mg/l during any seven-day period.
1031          (2) Total Suspended Solids (SS): The arithmetic mean of SS values determined on
1032     effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the
1033     arithmetic mean exceed 35 mg/l during any seven-day period.
1034          (3) [Coliform] Bacteria:
1035          (a) The geometric mean of total coliforms and fecal coliform bacteria in effluent
1036     samples collected during any 30-day period may not exceed either 2000/100 ml for total
1037     coliforms or 200/100 ml for fecal coliforms. The geometric mean during any seven-day period

1038     may not exceed 2500/100 ml for total coliforms or 250/100 for fecal coliforms.
1039          (b) The geometric mean of E. coli bacteria in effluent samples collected during any
1040     30-day period shall not exceed 126 per 100 mL nor shall the geometric mean exceed 158 per
1041     100 mL respectively during any 7-day period.
1042          (4) pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.
1043          Section 18. Section 19-6-102 is amended to read:
1044          19-6-102. Definitions.
1045          As used in this part:
1046          (1) "Board" means the Waste Management and Radiation Control Board created in
1047     Section 19-1-106.
1048          (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
1049     which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
1050     disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
1051     facility or site.
1052          (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
1053     means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
1054     disposal.
1055          (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
1056     does not include a facility that:
1057          (i) receives waste for recycling;
1058          (ii) receives waste to be used as fuel, in compliance with federal and state
1059     requirements; or
1060          (iii) is solely under contract with a local government within the state to dispose of
1061     nonhazardous solid waste generated within the boundaries of the local government.
1062          (4) "Construction waste or demolition waste":
1063          (a) means waste from building materials, packaging, and rubble resulting from
1064     construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
1065     and other structures, and from road building and land clearing; and

1066          (b) does not include:
1067          (i) asbestos;
1068          (ii) contaminated soils or tanks resulting from remediation or cleanup at a release or
1069     spill;
1070          (iii) waste paints;
1071          (iv) solvents;
1072          (v) sealers;
1073          (vi) adhesives; or
1074          (vii) hazardous or potentially hazardous materials similar to that described in
1075     Subsections (4)(b)(i) through (vi).
1076          (5) "Director" means the director of the Division of Waste Management and Radiation
1077     Control.
1078          (6) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
1079     placing of any solid or hazardous waste into or on land or water so that the waste or any
1080     constituent of the waste may enter the environment, be emitted into the air, or discharged into
1081     any waters, including groundwaters.
1082          (7) "Division" means the Division of Waste Management and Radiation Control,
1083     created in Subsection 19-1-105(1)(d).
1084          (8) "Generation" or "generated" means the act or process of producing nonhazardous
1085     solid or hazardous waste.
1086          (9) (a) "Hazardous waste" means a solid waste or combination of solid wastes other
1087     than household waste that, because of its quantity, concentration, or physical, chemical, or
1088     infectious characteristics may cause or significantly contribute to an increase in mortality or an
1089     increase in serious irreversible or incapacitating reversible illness or may pose a substantial
1090     present or potential hazard to human health or the environment when improperly treated,
1091     stored, transported, disposed of, or otherwise managed.
1092          (b) "Hazardous waste" does not include those wastes listed in 40 C.F.R. Sec. 261.4(b).
1093          (10) "Health facility" means a:

1094          (a) hospital;
1095          (b) psychiatric hospital;
1096          (c) home health agency;
1097          (d) hospice;
1098          (e) skilled nursing facility;
1099          (f) intermediate care facility;
1100          (g) intermediate care facility for people with an intellectual disability;
1101          (h) residential health care facility;
1102          (i) maternity home or birthing center;
1103          (j) free standing ambulatory surgical center;
1104          (k) facility owned or operated by a health maintenance organization;
1105          (l) state renal disease treatment center, including a free standing hemodialysis unit;
1106          (m) the office of a private physician or dentist whether for individual or private
1107     practice;
1108          (n) veterinary clinic; or
1109          (o) mortuary.
1110          (11) "Household waste" means any waste material, including garbage, trash, and
1111     sanitary wastes in septic tanks, derived from households, including single-family and
1112     multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
1113     campgrounds, picnic grounds, and day-use recreation areas.
1114          (12) "Infectious waste" means a solid waste that contains or may reasonably be
1115     expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
1116     a susceptible host could result in an infectious disease.
1117          (13) "Manifest" means the form used for identifying the quantity, composition, origin,
1118     routing, and destination of hazardous waste during its transportation from the point of
1119     generation to the point of disposal, treatment, or storage.
1120          (14) "Mixed waste" means material that is a hazardous waste as defined in this chapter
1121     and is also radioactive as defined in Section 19-3-102.

1122          (15) "Modification [plan] request" means a [plan] request under Section 19-6-108 to
1123     modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or
1124     treating, storing, or disposing of hazardous waste.
1125          (16) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
1126     means a plan or approval under Section 19-6-108, including:
1127          (a) a plan to own, construct, or operate a facility or site for the purpose of transferring,
1128     treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of
1129     hazardous waste;
1130          (b) a closure plan;
1131          (c) a modification [plan] request; or
1132          (d) an approval that the director is authorized to issue.
1133          (17) "Permit" includes an operation plan.
1134          [(17)] (18) "Permittee" means a person who is obligated under an operation plan.
1135          [(18)] (19) (a) "Solid waste" means [any] garbage, refuse, sludge, including sludge
1136     from a waste treatment plant, water supply treatment plant, or air pollution control facility, or
1137     other discarded material, including solid, liquid, semi-solid, or contained gaseous material
1138     resulting from industrial, commercial, mining, or agricultural operations and from community
1139     activities [but].
1140          (b) "Solid waste" does not include solid or dissolved materials in domestic sewage or
1141     in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5,
1142     Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
1143          [(b)] (c) "Solid waste" does not include metal that is:
1144          (i) purchased as a valuable commercial commodity; and
1145          (ii) not otherwise hazardous waste or subject to conditions of the federal hazardous
1146     waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6.
1147          [(19)] (20) "Solid waste management facility" means the same as that term is defined
1148     in Section 19-6-502.
1149          [(20)] (21) "Storage" means the actual or intended containment of solid or hazardous

1150     waste either on a temporary basis or for a period of years in such a manner as not to constitute
1151     disposal of the waste.
1152          [(21)] (22) (a) "Transfer" means the collection of nonhazardous solid waste from a
1153     permanent, fixed, supplemental collection facility for movement to a vehicle for movement to
1154     an offsite nonhazardous solid waste storage or disposal facility.
1155          (b) "Transfer" does not mean:
1156          (i) the act of moving nonhazardous solid waste from one location to another location
1157     on the site where the nonhazardous solid waste is generated; or
1158          (ii) placement of nonhazardous solid waste on the site where the nonhazardous solid
1159     waste is generated in preparation for movement off that site.
1160          [(22)] (23) "Transportation" means the off-site movement of solid or hazardous waste
1161     to any intermediate point or to any point of storage, treatment, or disposal.
1162          [(23)] (24) "Treatment" means a method, technique, or process designed to change the
1163     physical, chemical, or biological character or composition of any solid or hazardous waste so as
1164     to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
1165     recovery, amenable to storage, or reduced in volume.
1166          [(24)] (25) "Underground storage tank" means a tank that is regulated under Subtitle I
1167     of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
1168          Section 19. Section 19-6-102.1 is amended to read:
1169          19-6-102.1. Treatment or disposal -- Exclusions.
1170          As used in Subsections [19-6-104(3)(e)(ii)(B),] 19-6-108(3)(b), 19-6-108(3)(c)(ii)(B),
1171     and 19-6-119(1)(a), the term "treatment [and] or disposal" specifically excludes the recycling,
1172     use, reuse, or reprocessing of:
1173          (1) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
1174     generated primarily from the combustion of coal or other fossil fuels;
1175          (2) waste from the extraction, beneficiation, and processing of ores and minerals; or
1176          (3) cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding,
1177     sand blasting, road construction, railway ballast, construction fill, aggregate, and other

1178     construction-related purposes.
1179          Section 20. Section 19-6-104 is amended to read:
1180          19-6-104. Powers of board -- Creation of statewide solid waste management plan.
1181          [(1) The board may:]
1182          [(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1183     Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;]
1184          [(b) recommend that the director:]
1185          [(i) issue orders necessary to enforce the provisions of the Radiation Control Act;]
1186          [(ii) enforce the orders by appropriate administrative and judicial proceedings; or]
1187          [(iii) institute judicial proceedings to secure compliance with this part;]
1188          [(c) (i) hold a hearing that is not an adjudicative proceeding; or]
1189          [(ii) appoint hearing officers to conduct a hearing that is not an adjudicative
1190     proceeding;]
1191          [(d) accept, receive, and administer grants or other funds or gifts from public and
1192     private agencies, including the federal government, for the purpose of carrying out any of the
1193     functions of the Radiation Control Act; or]
1194          [(e) order the director to impound radioactive material in accordance with Section
1195     19-3-111.]
1196          [(2) (a) The board shall promote the planning and application of pollution prevention
1197     and radioactive waste minimization measures to prevent the unnecessary waste and depletion
1198     of natural resources; and]
1199          [(b) review the qualifications of, and issue certificates of approval to, individuals who:]
1200          [(i) survey mammography equipment; or]
1201          [(ii) oversee quality assurance practices at mammography facilities.]
1202          [(3)] (1) The board shall:
1203          (a) survey solid and hazardous waste generation and management practices within this
1204     state and, after public hearing and after providing opportunities for comment by local
1205     governmental entities, industry, and other interested persons, prepare and revise, as necessary, a

1206     waste management plan for the state;
1207          [(b) order the director to:]
1208          [(i) issue orders necessary to effectuate the provisions of this part and rules made under
1209     this part;]
1210          [(ii) enforce the orders by administrative and judicial proceedings; or]
1211          [(iii) initiate judicial proceedings to secure compliance with this part;]
1212          [(c)] (b) promote the planning and application of resource recovery systems to prevent
1213     the unnecessary waste and depletion of natural resources;
1214          [(d)] (c) meet the requirements of federal law related to solid and hazardous wastes to
1215     [insure] ensure that the solid and hazardous wastes program provided for in this part is
1216     qualified to assume primacy from the federal government in control over solid and hazardous
1217     waste;
1218          [(e)] (d) (i) require [any] a facility, including [those] a facility listed in Subsection
1219     [(3)(e)(ii)] (1)(d)(ii), to submit plans, specifications, and other information required by the
1220     board to the director [prior to] before construction, modification, installation, or establishment
1221     of a facility to allow the director to determine whether the proposed construction, modification,
1222     installation, or establishment of the facility will be in accordance with rules made under this
1223     part;
1224          (ii) [facilities] consider a facility referred to in Subsection [(3)(e)(i)] (1)(d)(i) [include
1225     any] to include an incinerator that is intended for disposing of nonhazardous solid waste; [and]
1226          (iii) consider a facility referred to in Subsection [(3)(e)(i)] (1)(d)(i) [does] to not
1227     include a commercial facility that is solely for the purpose of recycling, reuse, or reprocessing
1228     the following waste:
1229          (A) fly ash waste;
1230          (B) bottom ash waste;
1231          (C) slag waste; or
1232          (D) flue gas emission control waste generated primarily from the combustion of coal or
1233     other fossil fuels; and

1234          (iv) consider a facility referred to in Subsection [(3)(e)(i)] (1)(d)(i) [does] to not
1235     include a facility when the following waste is generated and the disposal occurs at an on-site
1236     location owned and operated by the generator of the waste:
1237          (A) waste from the extraction, beneficiation, and processing of ores and minerals listed
1238     in 40 C.F.R. 261.4(b)(7)(ii); or
1239          (B) cement kiln dust; and
1240          [(f)] (e) to ensure compliance with applicable statutes and [regulations] rules:
1241          (i) review a settlement negotiated by the director in accordance with Subsection
1242     19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and
1243          (ii) approve or disapprove the settlement described in Subsection (1)(e)(i).
1244          [(4)] (2) The board may:
1245          (a) (i) hold a hearing that is not an adjudicative proceeding; or
1246          (ii) appoint a hearing [officers] officer to conduct a hearing that is not an adjudicative
1247     proceeding; or
1248          (b) advise, consult, cooperate with, or provide technical assistance to [other agencies]
1249     another agency of the state or federal government, [other states, interstate agencies, or affected
1250     groups, political subdivisions, industries, or other persons] another state, an interstate agency,
1251     an affected group, an affected political subdivision, an affected industry, or other person in
1252     carrying out the purposes of this part.
1253          [(5)] (3) (a) The board shall establish a comprehensive statewide waste management
1254     plan.
1255          (b) The plan shall:
1256          (i) incorporate the solid waste management plans submitted by the counties;
1257          (ii) provide an estimate of solid waste capacity needed in the state for the next 20
1258     years;
1259          (iii) assess the state's ability to minimize waste and recycle;
1260          (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
1261     needs and existing capacity;

1262          (v) evaluate facility siting, design, and operation;
1263          (vi) review funding alternatives for solid waste management; and
1264          (vii) address other solid waste management concerns that the board finds appropriate
1265     for the preservation of the public health and the environment.
1266          (c) The board shall consider the economic viability of solid waste management
1267     strategies [prior to] before incorporating [them] the solid waste management strategies into the
1268     plan and shall consider the needs of population centers.
1269          (d) The board shall review and modify the comprehensive statewide solid waste
1270     management plan no less frequently than every five years.
1271          [(6)] (4) (a) The board shall determine the type of solid waste generated in the state and
1272     tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
1273     waste management plan.
1274          (b) The board shall review and modify the inventory no less frequently than once every
1275     five years.
1276          [(7)] (5) Subject to the limitations contained in Subsection 19-6-102[(18)(b)](19)(c),
1277     the board shall establish siting criteria for nonhazardous solid waste disposal facilities,
1278     including incinerators.
1279          [(8)] (6) The board may not issue, amend, renew, modify, revoke, or terminate any of
1280     the following that are subject to the authority granted to the director under Section 19-6-107:
1281          (a) a permit;
1282          (b) a license;
1283          (c) a registration;
1284          (d) a certification; or
1285          (e) another administrative authorization made by the director.
1286          [(9)] (7) A board member may not speak or act for the board unless the board member
1287     is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1288          Section 21. Section 19-6-105 is amended to read:
1289          19-6-105. Rules of board.

1290          (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
1291     Administrative Rulemaking Act:
1292          (a) establishing minimum standards for protection of human health and the
1293     environment, for the storage, collection, transport, transfer, recovery, treatment, and disposal of
1294     solid waste, including requirements for the approval by the director of plans for the
1295     construction, extension, operation, and closure of solid waste disposal sites;
1296          (b) identifying wastes [which] that are determined to be hazardous, including wastes
1297     designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
1298     1976, 42 U.S.C., Sec. 6921, et seq.;
1299          (c) governing generators and transporters of hazardous wastes and owners and
1300     operators of hazardous waste treatment, storage, and disposal facilities, including requirements
1301     for keeping records, monitoring, submitting reports, and using a manifest, without treating
1302     high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
1303     muds, and oil production brines in a manner more stringent than they are treated under federal
1304     standards;
1305          (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
1306     subject to a plan approval under Section 19-6-108 or [which] that received waste after July 26,
1307     1982, to take appropriate corrective action or other response measures for releases of hazardous
1308     waste or hazardous waste constituents from the facility, including releases beyond the
1309     boundaries of the facility;
1310          (e) specifying the terms and conditions under which the director shall approve,
1311     disapprove, revoke, or review hazardous wastes operation plans;
1312          (f) governing public hearings and participation under this part;
1313          (g) establishing standards governing underground storage tanks, in accordance with
1314     Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
1315          (h) relating to the collection, transportation, processing, treatment, storage, and
1316     disposal of infectious waste in health facilities in accordance with the requirements of Section
1317     19-6-106;

1318          (i) defining closure plans [as major or minor], modification requests, or both for
1319     hazardous waste, as class I, class I with prior director approval, class II, or class III;
1320          [(j) defining modification plans as major or minor;] and
1321          [(k)] (j) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
1322     organic waste substance of any kind to be thrown, or remain upon or in [any] a street, road,
1323     ditch, canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring,
1324     or well.
1325          (2) If any of the following are determined to be hazardous waste and are therefore
1326     subjected to the provisions of this part, the board shall, in the case of landfills or surface
1327     impoundments that receive the solid wastes, take into account the special characteristics of the
1328     wastes, the practical difficulties associated with applying requirements for other wastes to the
1329     wastes, and site-specific characteristics, including the climate, geology, hydrology, and soil
1330     chemistry at the site, if the modified requirements assure protection of human health and the
1331     environment and are no more stringent than federal standards applicable to waste:
1332          (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
1333     including phosphate rock and overburden from the mining of uranium;
1334          (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
1335     generated primarily from the combustion of coal or other fossil fuels; and
1336          (c) cement kiln dust waste.
1337          (3) The board shall establish criteria for siting commercial hazardous waste treatment,
1338     storage, and disposal facilities, including commercial hazardous waste incinerators. Those
1339     criteria shall apply to any facility or incinerator for which plan approval is required under
1340     Section 19-6-108.
1341          Section 22. Section 19-6-107 is amended to read:
1342          19-6-107. Director -- Appointment -- Powers.
1343          (1) The executive director shall appoint the director. The director shall serve under the
1344     administrative direction of the executive director.
1345          (2) The director shall:

1346          [(a) develop programs to promote and protect the public from radiation sources in the
1347     state;]
1348          [(b) advise, consult, cooperate with, and provide technical assistance to other agencies,
1349     states, the federal government, political subdivisions, industries, and other persons in carrying
1350     out the provisions of the Radiation Control Act;]
1351          [(c) receive specifications or other information relating to licensing applications for
1352     radioactive materials or registration of radiation sources for review, approval, disapproval, or
1353     termination;]
1354          [(d) issue permits, licenses, registrations, certifications, and other administrative
1355     authorizations;]
1356          [(e) review and approve plans;]
1357          [(f) assess penalties in accordance with Section 19-3-109;]
1358          [(g) impound radioactive material under Section 19-3-111;]
1359          [(h)] (a) issue [orders] an order necessary to enforce [the provisions of] this part[, to];
1360          (b) enforce [the orders] an order by appropriate administrative and judicial
1361     proceedings[, or to];
1362          (c) institute judicial proceedings to secure compliance with this part;
1363          [(i)] (d) carry out inspections pursuant to Section 19-6-109;
1364          [(j)] (e) require submittal of specifications or other information relating to hazardous
1365     waste plans for review, and approve, disapprove, revoke, or review the plans;
1366          [(k)] (f) develop programs for solid waste and hazardous waste management and
1367     control within the state;
1368          [(l)] (g) advise, consult, and cooperate with [other agencies] another agency of the
1369     state, the federal government, [other states and interstate agencies, and with] another state, an
1370     interstate agency, an affected [groups] group, an affected political [subdivisions, and
1371     industries] subdivision, an affected industry, or other affected person in furtherance of the
1372     purposes of this part;
1373          [(m)] (h) subject to the provisions of this part, enforce rules made or revised by the

1374     board through the issuance of orders;
1375          [(n)] (i) review plans, specifications or other data relative to solid waste and hazardous
1376     waste control systems or any part of the systems as provided in this part;
1377          [(o)] (j) under the direction of the executive director, represent the state in [all] matters
1378     pertaining to interstate solid waste and hazardous waste management and control including,
1379     under the direction of the board, entering into interstate compacts and other similar agreements;
1380     and
1381          [(p)] (k) as authorized by the board and subject to the provisions of this part, act as
1382     executive secretary of the board under the direction of the [chairman] chair of the board.
1383          (3) The director may:
1384          (a) subject to Subsection 19-6-104[(3)(f)](1)(e), settle or compromise any
1385     administrative or civil action initiated to compel compliance with this part and any rules
1386     adopted under this part;
1387          (b) employ full-time employees necessary to carry out this part;
1388          (c) [as authorized by the board pursuant to the provisions of this part,] authorize any
1389     employee or representative of the department to conduct inspections as permitted in this part;
1390          (d) encourage, participate in, or conduct studies, investigations, research, and
1391     demonstrations relating to solid waste and hazardous waste management and control necessary
1392     for the discharge of duties assigned under this part;
1393          (e) collect and disseminate information relating to solid waste and hazardous waste
1394     management control; and
1395          (f) cooperate with any person in studies and research regarding solid waste and
1396     hazardous waste management and control[;].
1397          [(g) cooperate with any person in studies, research, or demonstration projects regarding
1398     radioactive waste management or control of radiation sources;]
1399          [(h) settle or compromise any civil action initiated by the division to compel
1400     compliance with this chapter or the rules made under this chapter; and]
1401          [(i) authorize employees or representatives of the department to enter, at reasonable

1402     times and upon reasonable notice, in and upon public or private property for the purpose of
1403     inspecting and investigating conditions and records concerning radiation sources.]
1404          Section 23. Section 19-6-108 is amended to read:
1405          19-6-108. New nonhazardous solid or hazardous waste operation plans for
1406     facility or site -- Administrative and legislative approval required -- Exemptions from
1407     legislative and gubernatorial approval -- Time periods for review -- Information required
1408     -- Other conditions -- Automatic revocation of approval -- Periodic review.
1409          (1) For purposes of this section, the following items shall be treated as submission of a
1410     new operation plan:
1411          (a) the submission of a revised operation plan specifying a different geographic site
1412     than a previously submitted plan;
1413          (b) an application for modification of a commercial hazardous waste incinerator if the
1414     construction or the modification would increase the hazardous waste incinerator capacity above
1415     the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
1416     the operation plan application as of January 1, 1990, if no operation plan approval has been
1417     issued as of January 1, 1990;
1418          (c) an application for modification of a commercial nonhazardous solid waste
1419     incinerator if the construction of the modification would cost 50% or more of the cost of
1420     construction of the original incinerator or the modification would result in an increase in the
1421     capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
1422     or throughput that was approved in the operation plan as of January 1, 1990, or the initial
1423     approved operation plan if the initial approval is subsequent to January 1, 1990;
1424          (d) an application for modification of a commercial nonhazardous solid or hazardous
1425     waste treatment, storage, or disposal facility, other than an incinerator, if the modification
1426     would be outside the boundaries of the property owned or controlled by the applicant, as shown
1427     in the application or approved operation plan as of January 1, 1990, or the initial approved
1428     operation plan if the initial approval is subsequent to January 1, 1990; or
1429          (e) a submission of an operation plan to construct a facility, if previous approvals of the

1430     operation plan to construct the facility have been revoked pursuant to Subsection
1431     (3)(c)[(iii)](iv).
1432          (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
1433     tonnage specified for the trial burn in the operation plan or the operation plan application if no
1434     operation plan approval has been issued as of January 1, 1990, and on annual operations of
1435     7,000 hours.
1436          (3) (a) (i) Except as specified in Subsection (3)(a)(ii)(C), a person may not own,
1437     construct, modify, or operate [any] a facility or site for the purpose of transferring, treating, or
1438     disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste
1439     without first submitting and receiving the approval of the director for an operation plan for that
1440     facility or site.
1441          (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
1442     operation plan may submit to the director information, a report, a plan, or other request for
1443     approval for a proposed activity under an operation plan:
1444          (I) after obtaining the consent of any other permittee who is a current owner of the
1445     facility or site; and
1446          (II) without obtaining the consent of any other permittee who is not a current owner of
1447     the facility or site.
1448          (B) The director may not:
1449          (I) withhold an approval of an operation plan requested by a permittee who is a current
1450     owner of the facility or site on the grounds that another permittee who is not a current owner of
1451     the facility or site has not consented to the request; or
1452          (II) give an approval of an operation plan requested by a permittee who is not a current
1453     owner before receiving consent of the current owner of the facility or site.
1454          (C) A facility referred to in Subsection (3)(a)(i) does not include a facility when the
1455     waste from the extraction, beneficiation, and processing of ores and minerals listed in 40
1456     C.F.R. Sec. 261.4(b)(7)(ii), or cement kiln dust, is generated and the disposal occurs at an
1457     on-site location owned and operated by the generator of the waste.

1458          (b) (i) Except for [facilities that receive] a facility that receives the following wastes
1459     solely for the purpose of recycling, reuse, or reprocessing, a person may not own, construct,
1460     modify, or operate any commercial facility that accepts for treatment or disposal, with the
1461     intent to make a profit, any of the wastes listed in Subsection (3)(b)(ii) without first submitting
1462     a request to and receiving the approval of the director for an operation plan for that facility site.
1463          (ii) Wastes referred to in Subsection (3)(b)(i) are:
1464          (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
1465     generated primarily from the combustion of coal or other fossil fuels;
1466          (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
1467          (C) cement kiln dust wastes.
1468          (c) (i) A person may not construct a facility listed under Subsection (3)(c)(ii) until the
1469     person receives:
1470          (A) local government approval and the approval described in Subsection (3)(a);
1471          (B) approval from the Legislature; and
1472          (C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B),
1473     approval from the governor.
1474          (ii) A facility referred to in Subsection (3)(c)(i) is:
1475          (A) a commercial nonhazardous solid waste disposal facility;
1476          (B) except for [facilities that receive the following wastes] a facility that receives a
1477     waste listed in Subsection (3)(c)(iii), solely for the purpose of recycling, reuse, or reprocessing,
1478     any commercial facility that accepts for treatment or disposal, with the intent to make a profit[:
1479     fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated
1480     primarily from the combustion of coal or other fossil fuels; wastes from the extraction,
1481     beneficiation, and processing of ores and minerals; or cement kiln dust wastes]; or
1482          (C) a commercial hazardous waste treatment, storage, or disposal facility.
1483          (iii) Subsection (3)(c)(ii)(B) applies to the following wastes:
1484          (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
1485     generated primarily from the combustion of coal or other fossil fuels;

1486          (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
1487          (C) cement kiln dust wastes.
1488          [(iii)] (iv) The required approvals described in Subsection (3)(c)(i) for a facility
1489     described in Subsection (3)(c)(ii)(A) or (B) are automatically revoked if:
1490          (A) the governor's approval is received on or after May 10, 2011, and the facility is not
1491     operational within five years after the day on which the governor's approval is received; or
1492          (B) the governor's approval is received before May 10, 2011, and the facility is not
1493     operational on or before May 10, 2016.
1494          [(iv)] (v) The required approvals described in Subsection (3)(c)(i) for a facility
1495     described in Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not
1496     transferrable to another person for five years after the day on which the governor's approval is
1497     received.
1498          (d) A person need not obtain gubernatorial or legislative approval for the construction
1499     of a hazardous waste facility for which an operating plan has been approved by or submitted
1500     for approval to the executive secretary of the board under this section before April 24, 1989,
1501     and which has been determined, on or before December 31, 1990, by the executive secretary of
1502     the board to be complete, in accordance with state and federal requirements for operating plans
1503     for hazardous waste facilities even if a different geographic site is subsequently submitted.
1504          (e) A person need not obtain gubernatorial and legislative approval for the construction
1505     of a commercial nonhazardous solid waste disposal facility for which an operation plan has
1506     been approved by or submitted for approval to the executive secretary of the board under this
1507     section on or before January 1, 1990, and which, on or before December 31, 1990, the
1508     executive secretary of the board determines to be complete, in accordance with state and
1509     federal requirements applicable to operation plans for nonhazardous solid waste facilities.
1510          (f) [Any] A person owning or operating a facility or site on or before November 19,
1511     1980, who has given timely notification as required by Section 3010 of the Resource
1512     Conservation and Recovery Act of 1976, 42 U.S.C. [Section] Sec. 6921, et seq., and who has
1513     submitted a proposed hazardous waste plan under this section for that facility or site, may

1514     continue to operate that facility or site without violating this section until the plan is approved
1515     or disapproved under this section.
1516          (g) (i) The director shall suspend acceptance of further applications for a commercial
1517     nonhazardous solid or hazardous waste facility upon a finding that the director cannot
1518     adequately oversee existing and additional facilities for permit compliance, monitoring, and
1519     enforcement.
1520          (ii) The director shall report any suspension to the Natural Resources, Agriculture, and
1521     Environment Interim Committee.
1522          (4) The director shall review [each] a proposed nonhazardous solid or hazardous waste
1523     operation plan to determine whether that plan complies with [the provisions of] this part and
1524     the applicable rules of the board.
1525          (5) (a) If the facility is a class I or class II facility, the director shall approve or
1526     disapprove that plan within 270 days from the date [it] the plan is submitted.
1527          (b) Within 60 days after receipt of the plans, specifications, or other information
1528     required by this section for a class I or II facility, the director shall determine whether the plan
1529     is complete and contains [all] the information necessary to process the plan for approval.
1530          (c) (i) If the plan for a class I or II facility is determined to be complete, the director
1531     shall issue a notice of completeness.
1532          (ii) If the plan is determined by the director to be incomplete, the director shall issue a
1533     notice of deficiency, listing the additional information to be provided by the owner or operator
1534     to complete the plan.
1535          (d) The director shall review information submitted in response to a notice of
1536     deficiency within 30 days after receipt.
1537          (e) The following time periods may not be included in the 270 day plan review period
1538     for a class I or II facility:
1539          (i) time awaiting response from the owner or operator to requests for information
1540     issued by the director;
1541          (ii) time required for public participation and hearings for issuance of plan approvals;

1542     and
1543          (iii) time for review of the permit by other federal or state government agencies.
1544          (6) (a) If the facility is a class III or class IV facility, the director shall approve or
1545     disapprove that plan within 365 days from the date [it] the plan is submitted.
1546          (b) The following time periods may not be included in the 365 day review period:
1547          (i) time awaiting response from the owner or operator to requests for information
1548     issued by the director;
1549          (ii) time required for public participation and hearings for issuance of plan approvals;
1550     and
1551          (iii) time for review of the permit by other federal or state government agencies.
1552          (7) If, within 365 days after receipt of a modification [plan] request or closure plan for
1553     any facility, the director determines that the proposed plan or request, or any part of [it] the
1554     proposed plan or request, will not comply with applicable rules, the director shall issue an order
1555     prohibiting any action under the proposed plan or request for modification or closure in whole
1556     or in part.
1557          (8) [Any] A person who owns or operates a facility or site required to have an
1558     approved hazardous waste operation plan under this section and who has pending a permit
1559     application before the United States Environmental Protection Agency shall be treated as
1560     having an approved plan until final administrative disposition of the permit application is made
1561     under this section, unless the director determines that final administrative disposition of the
1562     application has not been made because of the failure of the owner or operator to furnish any
1563     information requested, or the facility's interim status has terminated under Section 3005 (e) of
1564     the Resource Conservation and Recovery Act, 42 U.S.C. [Section] Sec. 6925 (e).
1565          (9) The director may not approve a proposed nonhazardous solid or hazardous waste
1566     operation plan unless the plan contains the information that the board requires, including:
1567          (a) estimates of the composition, quantities, and concentrations of any hazardous waste
1568     identified under this part and the proposed treatment, storage, or disposal of [it] the hazardous
1569     waste;

1570          (b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or
1571     treatment, storage, or disposal of hazardous waste will not be done in a manner that may cause
1572     or significantly contribute to an increase in mortality, an increase in serious irreversible or
1573     incapacitating reversible illness, or pose a substantial present or potential hazard to human
1574     health or the environment;
1575          (c) consistent with the degree and duration of risks associated with the transfer,
1576     treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of
1577     specified hazardous waste, evidence of financial responsibility in whatever form and amount
1578     that the director determines is necessary to [insure] ensure continuity of operation and that
1579     upon abandonment, cessation, or interruption of the operation of the facility or site, [all] the
1580     reasonable measures consistent with the available knowledge will be taken to [insure] ensure
1581     that the waste subsequent to being treated, stored, or disposed of at the site or facility will not
1582     present a hazard to the public or the environment;
1583          (d) evidence that the personnel employed at the facility or site have education and
1584     training for the safe and adequate handling of nonhazardous solid or hazardous waste;
1585          (e) plans, specifications, and other information that the director considers relevant to
1586     determine whether the proposed nonhazardous solid or hazardous waste operation plan will
1587     comply with this part and the rules of the board;
1588          (f) compliance schedules, [where] when applicable, including schedules for corrective
1589     action or other response measures for releases from [any] a solid waste management unit at the
1590     facility, regardless of the time the waste was placed in the unit;
1591          (g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or
1592     hazardous waste facility other than a water treatment facility that treats, stores, or disposes
1593     site-generated solid or hazardous waste onsite, a traffic impact study that:
1594          (i) takes into consideration the safety, operation, and condition of roadways serving the
1595     proposed facility; and
1596          (ii) is reviewed and approved by the Department of Transportation or a local highway
1597     authority, whichever has jurisdiction over each road serving the proposed facility, with the cost

1598     of the review paid by the person who submits the proposed operation plan; and
1599          (h) for a proposed operation plan submitted on or after July 1, 2013, for a new
1600     nonhazardous solid waste facility owned or operated by a local government, financial
1601     information that discloses [all] the costs of establishing and operating the facility, including:
1602          (i) land acquisition and leasing;
1603          (ii) construction;
1604          (iii) estimated annual operation;
1605          (iv) equipment;
1606          (v) ancillary structures;
1607          (vi) roads;
1608          (vii) transfer stations; and
1609          (viii) using other operations that are not contiguous to the proposed facility but are
1610     necessary to support the facility's construction and operation.
1611          (10) The director may not approve a commercial nonhazardous solid or hazardous
1612     waste operation plan that meets the requirements of Subsection (9) unless [it] the operation
1613     plan contains the information required by the board, including:
1614          (a) evidence that the proposed commercial facility has a proven market of
1615     nonhazardous solid or hazardous waste, including:
1616          (i) information on the source, quantity, and price charged for treating, storing, and
1617     disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
1618          (ii) a market analysis of the need for a commercial facility given existing and potential
1619     generation of nonhazardous solid or hazardous waste in the state and regionally; and
1620          (iii) a review of other existing and proposed commercial nonhazardous solid or
1621     hazardous waste facilities regionally and nationally that would compete for the treatment,
1622     storage, or disposal of the nonhazardous solid or hazardous waste;
1623          (b) a description of the public benefits of the proposed facility, including:
1624          (i) the need in the state for the additional capacity for the management of nonhazardous
1625     solid or hazardous waste;

1626          (ii) the energy and resources recoverable by the proposed facility;
1627          (iii) the reduction of nonhazardous solid or hazardous waste management methods,
1628     [which] that are less suitable for the environment, that would be made possible by the proposed
1629     facility; and
1630          (iv) whether any other available site or method for the management of hazardous waste
1631     would be less detrimental to the public health or safety or to the quality of the environment;
1632     and
1633          (c) compliance history of an owner or operator of a proposed commercial
1634     nonhazardous solid or hazardous waste treatment, storage, or disposal facility, [which] that
1635     may be applied by the director in a nonhazardous solid or hazardous waste operation plan
1636     decision, including any plan conditions.
1637          (11) The director may not approve a commercial nonhazardous solid or hazardous
1638     waste facility operation plan unless based on the application, and in addition to the
1639     determination required in Subsections (9) and (10), the director determines that:
1640          (a) the probable beneficial environmental effect of the facility to the state outweighs
1641     the probable adverse environmental effect; and
1642          (b) there is a need for the facility to serve industry within the state.
1643          (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
1644     revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
1645     comply with that plan.
1646          (13) The director shall review [all] approved nonhazardous solid and hazardous waste
1647     operation plans at least once every five years.
1648          (14) [The provisions of] Subsections (10) and (11) do not apply to a hazardous waste
1649     [facilities] facility in existence or to [applications] an application filed or pending in the
1650     department [prior to] before April 24, 1989, that are determined by the executive secretary of
1651     the board on or before December 31, 1990, to be complete, in accordance with state and federal
1652     requirements applicable to operation plans for hazardous waste facilities.
1653          (15) [The provisions of] Subsections (9), (10), and (11) do not apply to a nonhazardous

1654     solid waste facility in existence or to an application filed or pending in the department [prior
1655     to] before January 1, 1990, that is determined by the director, on or before December 31, 1990,
1656     to be complete in accordance with state and federal requirements applicable to operation plans
1657     for nonhazardous solid waste facilities.
1658          (16) Nonhazardous solid waste generated outside of this state that is defined as
1659     hazardous waste in the state where [it] the nonhazardous solid waste is generated and [which]
1660     that is received for disposal in this state may not be disposed of at a nonhazardous waste
1661     disposal facility owned and operated by local government or a facility under contract with a
1662     local government solely for disposal of nonhazardous solid waste generated within the
1663     boundaries of the local government, unless disposal is approved by the director.
1664          (17) This section may not be construed to exempt [any] a facility from applicable
1665     regulation under the federal Atomic Energy Act, 42 U.S.C. [Sections] Sec. 2014 and 2021
1666     through 2114.
1667          Section 24. Section 19-6-114 is amended to read:
1668          19-6-114. Service of notice, order, or other document.
1669          [Proof of] In accordance with procedural rules adopted by the department, service of
1670     any notice, order, or other document issued by, or under the authority of, the [board] director
1671     may be made [in the same manner as in the service of a summons in a civil action. Proof of
1672     service shall be filed with the board or may be made] by forwarding a copy of that notice,
1673     order, or other document by registered mail, directed to the [person at his last known] person's
1674     designated address[, with an affidavit to that effect being filed with the board].
1675          Section 25. Section 19-6-120 is amended to read:
1676          19-6-120. New hazardous waste operation plans -- Designation of hazardous
1677     waste facilities -- Fees for filing and plan review.
1678          (1) For purposes of this section, the following items shall be treated as submission of a
1679     new hazardous waste operation plan:
1680          (a) the submission of a revised hazardous waste operation plan specifying a different
1681     geographic site than a previously submitted plan;

1682          (b) an application for modification of a commercial hazardous waste incinerator if the
1683     construction or the modification would increase the commercial hazardous waste incinerator
1684     capacity above the capacity specified in the operation plan as of January 1, 1990, or the
1685     capacity specified in the operation plan application as of January 1, 1990, if no operation plan
1686     approval has been issued as of January 1, 1990; or
1687          (c) an application for modification of a commercial hazardous waste treatment, storage,
1688     or disposal facility, other than an incinerator, if the modification would be outside the
1689     boundaries of the property owned or controlled by the applicant, as shown in the application or
1690     approved operation plan as of January 1, 1990, or the initial approved operation plan if initial
1691     approval is subsequent to January 1, 1990.
1692          (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
1693     tonnage specified for the trial burn in the operation plan or the operation plan application if no
1694     operation plan approval has been issued as of January 1, 1990, and on annual operations of
1695     7,000 hours.
1696          (3) (a) [Hazardous waste facilities that are] A hazardous waste facility that is subject to
1697     payment of fees under this section or Section 19-1-201 for plan reviews under Section
1698     19-6-108 shall be designated by the department as either class I, class II, class III, or class IV
1699     [facilities] facility.
1700          (b) The department shall designate a commercial hazardous waste [facilities] facility
1701     containing either landfills, surface impoundments, land treatment units, thermal treatment
1702     units, incinerators, or underground injection wells, which primarily receive wastes generated by
1703     off-site sources not owned, controlled, or operated by the facility owner or operator, as a class I
1704     [facilities] facility.
1705          (4) The maximum fee for filing and review of [each] a class I facility operation plan is
1706     $200,000, and is due and payable as follows:
1707          (a) [The] the owner or operator of a class I facility shall, at the time of filing for plan
1708     review, pay to the department the nonrefundable sum of $50,000[.];
1709          (b) [Upon] upon issuance by the director of a notice of completeness under Section

1710     19-6-108, the owner or operator of the facility shall pay to the department an additional
1711     nonrefundable sum of $50,000[.]; and
1712          (c) [The] the department shall bill the owner or operator of the facility for any
1713     additional actual costs of plan review, up to an additional $100,000.
1714          (5) (a) The department shall designate a hazardous waste [incinerators] incinerator that
1715     primarily receive wastes generated by sources owned, controlled, or operated by the facility
1716     owner or operator as a class II [facilities] facility.
1717          (b) The maximum fee for filing and review of [each] a class II facility operation plan is
1718     $150,000, and shall be due and payable as follows:
1719          (i) [The] the owner or operator of a class II facility shall, at the time of filing for plan
1720     review under Section 19-6-108, pay to the department the nonrefundable sum of $50,000[.];
1721     and
1722          (ii) [The] the department shall bill the owner or operator of the facility for any
1723     additional actual costs of plan review, up to an additional $100,000.
1724          (6) (a) The department shall designate a hazardous waste [facilities] facility containing
1725     either landfills, surface impoundments, land treatment units, thermal treatment units, or
1726     underground injection wells, that primarily receive wastes generated by sources owned,
1727     controlled, or operated by the facility owner or operator, as a class III [facilities] facility.
1728          (b) The maximum fee for filing and review of [each] a class III facility operation plan
1729     is $100,000 and is due and payable as follows:
1730          (i) [The] the owner or operator shall, at the time of filing for plan review, pay to the
1731     department the nonrefundable sum of $1,000[.]; and
1732          (ii) [The] the department shall bill the owner or operator of [each] a class III facility for
1733     actual costs of operation plan review, up to an additional $99,000.
1734          (7) (a) [All other hazardous waste facilities are] A hazardous waste facility not
1735     described in Subsections (3) through (6) is designated as a class IV [facilities] facility.
1736          (b) The maximum fee for filing and review of [each] a class IV facility operation plan
1737     is $50,000 and is due and payable as follows:

1738          (i) [The] the owner or operator shall, at the time of filing for plan review, pay to the
1739     department the nonrefundable sum of $1,000[.]; and
1740          (ii) [The] the department shall bill the owner or operator of [each] a class IV facility for
1741     actual costs of operation plan review, up to an additional $49,000.
1742          (8) (a) The maximum fee for filing and review of [each major modification plan and
1743     major closure plan] a temporary authorization request, class II or class III modification request,
1744     or for a class I, class II, or class III facility is $50,000 and is due and payable as follows:
1745          (i) [The] the owner or operator shall, at the time of filing for that review, pay to the
1746     department the nonrefundable sum of $1,000[.]; and
1747          (ii) [The] the department shall bill the owner or operator of the hazardous waste facility
1748     for actual costs of the review, up to an additional $49,000.
1749          (b) The maximum fee for filing and review of [each minor modification and minor
1750     closure plan] a class I modification request, for a class I, class II, or class III facility, and of
1751     [any] a modification [or closure plan] request for a class IV facility, is $20,000, and is due and
1752     payable as follows:
1753          (i) [The] the owner or operator shall, at the time of filing for that review, pay to the
1754     department the nonrefundable sum of $1,000[.]; and
1755          (ii) [The] the department shall bill the owner or operator of the hazardous waste facility
1756     for actual costs of review up to an additional $19,000.
1757          (c) The owner or operator of a thermal treatment unit shall submit a trial or test burn
1758     schedule 90 days [prior] before to any planned trial or test burn. At the time the schedule is
1759     submitted, the owner or operator shall pay to the department the nonrefundable fee of $25,000.
1760     The department shall apply the fee to the costs of the review and processing of each trial or test
1761     burn plan, trial or test burn, and trial or test burn data report. The department shall bill the
1762     owner or operator of the facility for any additional actual costs of review and preparation.
1763          (9) (a) The owner or operator of a class III facility may obtain a plan review within the
1764     time periods for a class II facility operation plan by paying, at the time of filing for plan review,
1765     the maximum fee for a class II facility operation plan.

1766          (b) The owner or operator of a class IV facility may obtain a plan review within the
1767     time periods for a class II facility operation plan by paying, at the time of filing for plan review,
1768     the maximum fee for a class III facility operation plan.
1769          (c) An owner or operator of a class I, class II, or class III facility who submits a [major
1770     modification plan or a major closure plan] class II or class III modification request may obtain
1771     a plan review within the time periods for a class II facility operation plan by paying, at the time
1772     of filing for plan review, the maximum fee for a class II facility operation plan.
1773          (d) An owner or operator of a class I, class II, or class III facility who submits a [minor
1774     modification plan or a minor closure plan] class I modification request, and an owner or
1775     operator of a class IV facility who submits a modification [plan] request or a closure plan, may
1776     obtain a plan review within the time periods for a class II facility operation plan by paying, at
1777     the time of filing for plan review, the maximum fee for a class III facility operation plan.
1778          (10) [All fees] Fees received by the department under this section shall be deposited
1779     [in] into the General Fund as dedicated credits for hazardous waste plan reviews in accordance
1780     with Subsection (12) and Section 19-6-108.
1781          (11) (a) (i) The director shall establish an accounting procedure that separately
1782     accounts for fees paid by each owner or operator who submits a hazardous waste operation
1783     plan for approval under Section 19-6-108 and pays fees for hazardous waste plan reviews under
1784     this section or Section 19-1-201.
1785          (ii) The director shall credit [all] fees paid by the owner or operator to that owner or
1786     operator.
1787          (iii) The director shall account for costs actually incurred in reviewing each operation
1788     plan and may only use the fees of each owner or operator for review of that owner or operator's
1789     plan.
1790          (b) If the costs actually incurred by the department in reviewing a hazardous waste
1791     operation plan of any facility are less than the nonrefundable fee paid by the owner or operator
1792     under this section, the department may, upon approval or disapproval of the plan by the board
1793     or upon withdrawal of the plan by the owner or operator, use any remaining funds that have

1794     been credited to that owner or operator for the purposes of administering provisions of the
1795     hazardous waste programs and activities authorized by this part.
1796          (12) (a) With regard to any review of a hazardous waste operation plan, modification
1797     [plan] request, or closure plan that is pending on April 25, 1988, the director may assess fees
1798     for that plan review.
1799          (b) The total amount of fees paid by an owner or operator of a hazardous waste facility
1800     whose plan review is affected by this [subsection] Subsection (12) may not exceed the
1801     maximum fees allowable under this section for the appropriate class of facility.
1802          (13) (a) The department shall maintain accurate records of [its] the department's actual
1803     costs for each plan review under this section.
1804          (b) [Those records] A record described in Subsection (13)(a) shall be available for
1805     public inspection.
1806          Section 26. Section 19-6-326 is amended to read:
1807          19-6-326. Written assurances.
1808          (1) Based upon risk to human health or the environment from potential exposure to
1809     hazardous substances or materials, the executive director, or the executive director's designee,
1810     may issue enforceable written assurances to a bona fide prospective purchaser, contiguous
1811     property owner, or innocent landowner of real property that no enforcement action under this
1812     part may be initiated regarding that real property against the person to whom the assurances are
1813     issued.
1814          (2) An assurance granted under Subsection (1) grants the person to whom the
1815     assurance is issued protection from imposition of any state law cost recovery and contribution
1816     actions under this part.
1817          (3) The executive director may make rules in accordance with Title 63G, Chapter 3,
1818     Utah Administrative Rulemaking Act, as necessary for the administration of this section.
1819          Section 27. Section 19-6-502 is amended to read:
1820          19-6-502. Definitions.
1821          As used in this part:

1822          (1) "Governing body" means the governing board, commission, or council of a public
1823     entity.
1824          (2) "Jurisdiction" means the area within the incorporated limits of:
1825          (a) a municipality;
1826          (b) a special service district;
1827          (c) a municipal-type service district;
1828          (d) a service area; or
1829          (e) the territorial area of a county not lying within a municipality.
1830          (3) "Long-term agreement" means an agreement or contract having a term of more than
1831     five years but less than 50 years.
1832          (4) "Municipal residential waste" means solid waste that is:
1833          (a) discarded or rejected at a residence within the public entity's jurisdiction; and
1834          (b) collected at or near the residence by:
1835          (i) a public entity; or
1836          (ii) a person with whom the public entity has as an agreement to provide solid waste
1837     management.
1838          (5) "Public entity" means:
1839          (a) a county;
1840          (b) a municipality;
1841          (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
1842          (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
1843          (e) a municipal-type service district created under Title 17, Chapter 34,
1844     Municipal-Type Services to Unincorporated Areas.
1845          (6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
1846     imposes a legal duty on a person.
1847          (7) "Residence" means an improvement to real property used or occupied as a primary
1848     or secondary detached single-family dwelling.
1849          (8) "Resource recovery" means the separation, extraction, recycling, or recovery of

1850     usable material, energy, fuel, or heat from solid waste and the disposition of it.
1851          (9) "Short-term agreement" means a contract or agreement having a term of five years
1852     or less.
1853          (10) (a) "Solid waste" means a putrescible or nonputrescible material or substance
1854     discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the
1855     time of discard or rejection, including:
1856          (i) garbage;
1857          (ii) refuse;
1858          (iii) industrial and commercial waste;
1859          (iv) sludge from an air or water control facility;
1860          (v) rubbish;
1861          (vi) ash;
1862          (vii) contained gaseous material;
1863          (viii) incinerator residue;
1864          (ix) demolition and construction debris;
1865          (x) a discarded automobile; and
1866          (xi) offal.
1867          (b) "Solid waste" does not include sewage or another highly diluted water carried
1868     material or substance and those in gaseous form.
1869          (11) "Solid waste management" means the purposeful and systematic collection,
1870     transportation, storage, processing, recovery, or disposal of solid waste.
1871          (12) (a) "Solid waste management facility" means a facility employed for solid waste
1872     management, including:
1873          (i) a transfer station;
1874          (ii) a transport system;
1875          (iii) a baling facility;
1876          (iv) a landfill; and
1877          (v) a processing system, including:

1878          (A) a resource recovery facility;
1879          (B) a facility for reducing solid waste volume;
1880          (C) a plant or facility for compacting, or composting, of solid waste;
1881          (D) an incinerator;
1882          (E) a solid waste disposal, reduction, pyrolization, or conversion facility;
1883          (F) a facility for resource recovery of energy consisting of:
1884          (I) a facility for the production, transmission, distribution, and sale of heat and steam;
1885          (II) a facility for the generation and sale of electric energy to a public utility,
1886     municipality, or other public entity that owns and operates an electric power system on March
1887     15, 1982; and
1888          (III) a facility for the generation, sale, and transmission of electric energy on an
1889     emergency basis only to a military installation of the United States; and
1890          (G) an auxiliary energy facility that is connected to a facility for resource recovery of
1891     energy as described in Subsection (12)(a)(v)(F), that:
1892          (I) is fueled by natural gas, landfill gas, or both;
1893          (II) consists of a facility for the production, transmission, distribution, and sale of
1894     supplemental heat and steam to meet all or a portion of the heat and steam requirements of a
1895     military installation of the United States; and
1896          (III) consists of a facility for the generation, transmission, distribution, and sale of
1897     electric energy to a public utility, a municipality described in Subsection (12)(a)(v)(F)(II), or a
1898     political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.
1899          (b) "Solid waste management facility" does not mean a facility that:
1900          (i) accepts and processes metal, as described in Subsection 19-6-102[(18)](19)(b), by
1901     separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a
1902     principle commodity grade product of prepared scrap metal for sale or use for remelting
1903     purposes provided that any byproduct or residual that would qualify as solid waste is managed
1904     at a solid waste management facility; or
1905          (ii) accepts and processes paper, plastic, rubber, glass, or textiles that:

1906          (A) have been source-separated or otherwise diverted from the solid waste stream
1907     before acceptance at the facility and that are not otherwise hazardous waste or subject to
1908     conditions of federal hazardous waste regulations; and
1909          (B) are reused or recycled as a valuable commercial commodity by separating,
1910     shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle
1911     commodity grade product, provided that any byproduct or residual that would qualify as solid
1912     waste is managed at a solid waste management facility.
1913          Section 28. Section 19-6-721.1 is enacted to read:
1914          19-6-721.1. Notice of violations -- Order for correction -- Civil action to enforce.
1915          (1) Whenever the director determines that a person is in violation of an applicable
1916     approved used oil operation permit, the requirements of this part, or any of the board's rules,
1917     the director may cause written notice of that violation to be served upon the alleged violator.
1918     The notice shall specify the provisions of the permit, this part, or rule alleged to have been
1919     violated, and the facts alleged to constitute the violation.
1920          (2) The director may:
1921          (a) issue an order requiring that necessary corrective action be taken within a
1922     reasonable time; or
1923          (b) request the attorney general or the county attorney in the county in which the
1924     violation is taking place to bring a civil action for injunctive relief and enforcement of this part.