State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-108

19-6-108. New nonhazardous solid or hazardous waste operation plans for facilityor site -- Administrative and legislative approval required -- Exemptions from legislativeand gubernatorial approval -- Time periods for review -- Information required -- Otherconditions -- Revocation of approval -- Periodic review.
(1) For purposes of this section, the following items shall be treated as submission of anew operation plan:
(a) the submission of a revised operation plan specifying a different geographic site thana previously submitted plan;
(b) an application for modification of a commercial hazardous waste incinerator if theconstruction or the modification would increase the hazardous waste incinerator capacity abovethe capacity specified in the operation plan as of January 1, 1990, or the capacity specified in theoperation plan application as of January 1, 1990, if no operation plan approval has been issued asof January 1, 1990;
(c) an application for modification of a commercial nonhazardous solid waste incineratorif the construction of the modification would cost 50% or more of the cost of construction of theoriginal incinerator or the modification would result in an increase in the capacity or throughputof the incinerator of a cumulative total of 50% above the total capacity or throughput that wasapproved in the operation plan as of January 1, 1990, or the initial approved operation plan if theinitial approval is subsequent to January 1, 1990; or
(d) an application for modification of a commercial nonhazardous solid or hazardouswaste treatment, storage, or disposal facility, other than an incinerator, if the modification wouldbe outside the boundaries of the property owned or controlled by the applicant, as shown in theapplication or approved operation plan as of January 1, 1990, or the initial approved operationplan if the initial approval is subsequent to January 1, 1990.
(2) Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnagespecified for the trial burn in the operation plan or the operation plan application if no operationplan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours.
(3) (a) (i) No person may own, construct, modify, or operate any facility or site for thepurpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardouswaste without first submitting and receiving the approval of the executive secretary for anoperation plan for that facility or site.
(ii) (A) A permittee who is the current owner of a facility or site that is subject to anoperation plan may submit to the executive secretary information, a report, a plan, or otherrequest for approval for a proposed activity under an operation plan:
(I) after obtaining the consent of any other permittee who is a current owner of thefacility or site; and
(II) without obtaining the consent of any other permittee who is not a current owner ofthe facility or site.
(B) The executive secretary may not:
(I) withhold an approval of an operation plan requested by a permittee who is a currentowner of the facility or site on the grounds that another permittee who is not a current owner ofthe facility or site has not consented to the request; or
(II) give an approval of an operation plan requested by a permittee who is not a currentowner before receiving consent of the current owner of the facility or site.
(b) (i) Except for facilities that receive the following wastes solely for the purpose of

recycling, reuse, or reprocessing, no person may own, construct, modify, or operate anycommercial facility that accepts for treatment or disposal, with the intent to make a profit, any ofthe wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving theapproval of the executive secretary for an operation plan for that facility site.
(ii) Wastes referred to in Subsection (3)(b)(i) are:
(A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control wastegenerated primarily from the combustion of coal or other fossil fuels;
(B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
(C) cement kiln dust wastes.
(c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until hereceives, in addition to and subsequent to local government approval and subsequent to theapproval required in Subsection (3)(a), approval by the governor and the Legislature.
(ii) Facilities referred to in Subsection (3)(c)(i) are:
(A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;and
(B) except for facilities that receive the following wastes solely for the purpose ofrecycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas emissioncontrol waste generated primarily from the combustion of coal or other fossil fuels; wastes fromthe extraction, beneficiation, and processing of ores and minerals; or cement kiln dust wastes.
(d) No person need obtain gubernatorial or legislative approval for the construction of ahazardous waste facility for which an operating plan has been approved by or submitted forapproval to the executive secretary under this section before April 24, 1989, and which has beendetermined, on or before December 31, 1990, by the executive secretary to be complete, inaccordance with state and federal requirements for operating plans for hazardous waste facilitieseven if a different geographic site is subsequently submitted.
(e) No person need obtain gubernatorial and legislative approval for the construction of acommercial nonhazardous solid waste disposal facility for which an operation plan has beenapproved by or submitted for approval to the executive secretary under this section on or beforeJanuary 1, 1990, and which, on or before December 31, 1990, the executive secretary determinesto be complete, in accordance with state and federal requirements applicable to operation plansfor nonhazardous solid waste facilities.
(f) Any person owning or operating a facility or site on or before November 19, 1980,who has given timely notification as required by Section 3010 of the Resource Conservation andRecovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposedhazardous waste plan under this section for that facility or site, may continue to operate thatfacility or site without violating this section until the plan is approved or disapproved under thissection.
(g) (i) The executive secretary shall suspend acceptance of further applications for acommercial nonhazardous solid or hazardous waste facility upon a finding that he cannotadequately oversee existing and additional facilities for permit compliance, monitoring, andenforcement.
(ii) The executive secretary shall report any suspension to the Natural Resources,Agriculture, and Environment Interim Committee.
(4) The executive secretary shall review each proposed nonhazardous solid or hazardous

waste operation plan to determine whether that plan complies with the provisions of this part andthe applicable rules of the board.
(5) (a) If the facility is a class I or class II facility, the executive secretary shall approveor disapprove that plan within 270 days from the date it is submitted.
(b) Within 60 days after receipt of the plans, specifications, or other information requiredby this section for a class I or II facility, the executive secretary shall determine whether the planis complete and contains all information necessary to process the plan for approval.
(c) (i) If the plan for a class I or II facility is determined to be complete, the executivesecretary shall issue a notice of completeness.
(ii) If the plan is determined by the executive secretary to be incomplete, he shall issue anotice of deficiency, listing the additional information to be provided by the owner or operator tocomplete the plan.
(d) The executive secretary shall review information submitted in response to a notice ofdeficiency within 30 days after receipt.
(e) The following time periods may not be included in the 270 day plan review period fora class I or II facility:
(i) time awaiting response from the owner or operator to requests for information issuedby the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;and
(iii) time for review of the permit by other federal or state government agencies.
(6) (a) If the facility is a class III or class IV facility, the executive secretary shall approveor disapprove that plan within 365 days from the date it is submitted.
(b) The following time periods may not be included in the 365 day review period:
(i) time awaiting response from the owner or operator to requests for information issuedby the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;and
(iii) time for review of the permit by other federal or state government agencies.
(7) If, within 365 days after receipt of a modification plan or closure plan for any facility,the executive secretary determines that the proposed plan, or any part of it, will not comply withapplicable rules, the executive secretary shall issue an order prohibiting any action under theproposed plan for modification or closure in whole or in part.
(8) Any person who owns or operates a facility or site required to have an approvedhazardous waste operation plan under this section and who has pending a permit applicationbefore the United States Environmental Protection Agency shall be treated as having an approvedplan until final administrative disposition of the permit application is made under this section,unless the board determines that final administrative disposition of the application has not beenmade because of the failure of the owner or operator to furnish any information requested, or thefacility's interim status has terminated under Section 3005 (e) of the Resource Conservation andRecovery Act, 42 U.S.C. Section 6925 (e).
(9) No proposed nonhazardous solid or hazardous waste operation plan may be approvedunless it contains the information that the board requires, including:
(a) estimates of the composition, quantities, and concentrations of any hazardous wasteidentified under this part and the proposed treatment, storage, or disposal of it;

(b) evidence that the disposal of nonhazardous solid waste or treatment, storage, ordisposal of hazardous waste will not be done in a manner that may cause or significantlycontribute to an increase in mortality, an increase in serious irreversible or incapacitatingreversible illness, or pose a substantial present or potential hazard to human health or theenvironment;
(c) consistent with the degree and duration of risks associated with the disposal ofnonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste,evidence of financial responsibility in whatever form and amount that the executive secretarydetermines is necessary to insure continuity of operation and that upon abandonment, cessation,or interruption of the operation of the facility or site, all reasonable measures consistent with theavailable knowledge will be taken to insure that the waste subsequent to being treated, stored, ordisposed of at the site or facility will not present a hazard to the public or the environment;
(d) evidence that the personnel employed at the facility or site have education andtraining for the safe and adequate handling of nonhazardous solid or hazardous waste;
(e) plans, specifications, and other information that the executive secretary considersrelevant to determine whether the proposed nonhazardous solid or hazardous waste operationplan will comply with this part and the rules of the board; and
(f) compliance schedules, where applicable, including schedules for corrective action orother response measures for releases from any solid waste management unit at the facility,regardless of the time the waste was placed in the unit.
(10) The executive secretary may not approve a commercial nonhazardous solid orhazardous waste operation plan that meets the requirements of Subsection (9) unless it containsthe information required by the board, including:
(a) evidence that the proposed commercial facility has a proven market of nonhazardoussolid or hazardous waste, including:
(i) information on the source, quantity, and price charged for treating, storing, anddisposing of potential nonhazardous solid or hazardous waste in the state and regionally;
(ii) a market analysis of the need for a commercial facility given existing and potentialgeneration of nonhazardous solid or hazardous waste in the state and regionally; and
(iii) a review of other existing and proposed commercial nonhazardous solid orhazardous waste facilities regionally and nationally that would compete for the treatment,storage, or disposal of the nonhazardous solid or hazardous waste;
(b) a description of the public benefits of the proposed facility, including:
(i) the need in the state for the additional capacity for the management of nonhazardoussolid or hazardous waste;
(ii) the energy and resources recoverable by the proposed facility;
(iii) the reduction of nonhazardous solid or hazardous waste management methods,which are less suitable for the environment, that would be made possible by the proposed facility;and
(iv) whether any other available site or method for the management of hazardous wastewould be less detrimental to the public health or safety or to the quality of the environment; and
(c) compliance history of an owner or operator of a proposed commercial nonhazardoussolid or hazardous waste treatment, storage, or disposal facility, which may be applied by theexecutive secretary in a nonhazardous solid or hazardous waste operation plan decision,including any plan conditions.

(11) The executive secretary may not approve a commercial nonhazardous solid orhazardous waste facility operation plan unless based on the application, and in addition to thedetermination required in Subsections (9) and (10), the executive secretary determines that:
(a) the probable beneficial environmental effect of the facility to the state outweighs theprobable adverse environmental effect; and
(b) there is a need for the facility to serve industry within the state.
(12) Approval of a nonhazardous solid or hazardous waste operation plan may berevoked, in whole or in part, if the person to whom approval of the plan has been given fails tocomply with that plan.
(13) The executive secretary shall review all approved nonhazardous solid and hazardouswaste operation plans at least once every five years.
(14) The provisions of Subsections (10) and (11) do not apply to hazardous wastefacilities in existence or to applications filed or pending in the department prior to April 24,1989, that are determined by the executive secretary on or before December 31, 1990, to becomplete, in accordance with state and federal requirements applicable to operation plans forhazardous waste facilities.
(15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardoussolid waste facility in existence or to an application filed or pending in the department prior toJanuary 1, 1990, that is determined by the executive secretary, on or before December 31, 1990,to be complete in accordance with state and federal requirements applicable to operation plansfor nonhazardous solid waste facilities.
(16) Nonhazardous solid waste generated outside of this state that is defined ashazardous waste in the state where it is generated and which is received for disposal in this stateshall not be disposed of at a nonhazardous waste disposal facility owned and operated by localgovernment or a facility under contract with a local government solely for disposal ofnonhazardous solid waste generated within the boundaries of the local government, unlessdisposal is approved by the executive secretary.
(17) This section may not be construed to exempt any facility from applicable regulationunder the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.

Amended by Chapter 72, 2007 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-108

19-6-108. New nonhazardous solid or hazardous waste operation plans for facilityor site -- Administrative and legislative approval required -- Exemptions from legislativeand gubernatorial approval -- Time periods for review -- Information required -- Otherconditions -- Revocation of approval -- Periodic review.
(1) For purposes of this section, the following items shall be treated as submission of anew operation plan:
(a) the submission of a revised operation plan specifying a different geographic site thana previously submitted plan;
(b) an application for modification of a commercial hazardous waste incinerator if theconstruction or the modification would increase the hazardous waste incinerator capacity abovethe capacity specified in the operation plan as of January 1, 1990, or the capacity specified in theoperation plan application as of January 1, 1990, if no operation plan approval has been issued asof January 1, 1990;
(c) an application for modification of a commercial nonhazardous solid waste incineratorif the construction of the modification would cost 50% or more of the cost of construction of theoriginal incinerator or the modification would result in an increase in the capacity or throughputof the incinerator of a cumulative total of 50% above the total capacity or throughput that wasapproved in the operation plan as of January 1, 1990, or the initial approved operation plan if theinitial approval is subsequent to January 1, 1990; or
(d) an application for modification of a commercial nonhazardous solid or hazardouswaste treatment, storage, or disposal facility, other than an incinerator, if the modification wouldbe outside the boundaries of the property owned or controlled by the applicant, as shown in theapplication or approved operation plan as of January 1, 1990, or the initial approved operationplan if the initial approval is subsequent to January 1, 1990.
(2) Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnagespecified for the trial burn in the operation plan or the operation plan application if no operationplan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours.
(3) (a) (i) No person may own, construct, modify, or operate any facility or site for thepurpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardouswaste without first submitting and receiving the approval of the executive secretary for anoperation plan for that facility or site.
(ii) (A) A permittee who is the current owner of a facility or site that is subject to anoperation plan may submit to the executive secretary information, a report, a plan, or otherrequest for approval for a proposed activity under an operation plan:
(I) after obtaining the consent of any other permittee who is a current owner of thefacility or site; and
(II) without obtaining the consent of any other permittee who is not a current owner ofthe facility or site.
(B) The executive secretary may not:
(I) withhold an approval of an operation plan requested by a permittee who is a currentowner of the facility or site on the grounds that another permittee who is not a current owner ofthe facility or site has not consented to the request; or
(II) give an approval of an operation plan requested by a permittee who is not a currentowner before receiving consent of the current owner of the facility or site.
(b) (i) Except for facilities that receive the following wastes solely for the purpose of

recycling, reuse, or reprocessing, no person may own, construct, modify, or operate anycommercial facility that accepts for treatment or disposal, with the intent to make a profit, any ofthe wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving theapproval of the executive secretary for an operation plan for that facility site.
(ii) Wastes referred to in Subsection (3)(b)(i) are:
(A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control wastegenerated primarily from the combustion of coal or other fossil fuels;
(B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
(C) cement kiln dust wastes.
(c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until hereceives, in addition to and subsequent to local government approval and subsequent to theapproval required in Subsection (3)(a), approval by the governor and the Legislature.
(ii) Facilities referred to in Subsection (3)(c)(i) are:
(A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;and
(B) except for facilities that receive the following wastes solely for the purpose ofrecycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas emissioncontrol waste generated primarily from the combustion of coal or other fossil fuels; wastes fromthe extraction, beneficiation, and processing of ores and minerals; or cement kiln dust wastes.
(d) No person need obtain gubernatorial or legislative approval for the construction of ahazardous waste facility for which an operating plan has been approved by or submitted forapproval to the executive secretary under this section before April 24, 1989, and which has beendetermined, on or before December 31, 1990, by the executive secretary to be complete, inaccordance with state and federal requirements for operating plans for hazardous waste facilitieseven if a different geographic site is subsequently submitted.
(e) No person need obtain gubernatorial and legislative approval for the construction of acommercial nonhazardous solid waste disposal facility for which an operation plan has beenapproved by or submitted for approval to the executive secretary under this section on or beforeJanuary 1, 1990, and which, on or before December 31, 1990, the executive secretary determinesto be complete, in accordance with state and federal requirements applicable to operation plansfor nonhazardous solid waste facilities.
(f) Any person owning or operating a facility or site on or before November 19, 1980,who has given timely notification as required by Section 3010 of the Resource Conservation andRecovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposedhazardous waste plan under this section for that facility or site, may continue to operate thatfacility or site without violating this section until the plan is approved or disapproved under thissection.
(g) (i) The executive secretary shall suspend acceptance of further applications for acommercial nonhazardous solid or hazardous waste facility upon a finding that he cannotadequately oversee existing and additional facilities for permit compliance, monitoring, andenforcement.
(ii) The executive secretary shall report any suspension to the Natural Resources,Agriculture, and Environment Interim Committee.
(4) The executive secretary shall review each proposed nonhazardous solid or hazardous

waste operation plan to determine whether that plan complies with the provisions of this part andthe applicable rules of the board.
(5) (a) If the facility is a class I or class II facility, the executive secretary shall approveor disapprove that plan within 270 days from the date it is submitted.
(b) Within 60 days after receipt of the plans, specifications, or other information requiredby this section for a class I or II facility, the executive secretary shall determine whether the planis complete and contains all information necessary to process the plan for approval.
(c) (i) If the plan for a class I or II facility is determined to be complete, the executivesecretary shall issue a notice of completeness.
(ii) If the plan is determined by the executive secretary to be incomplete, he shall issue anotice of deficiency, listing the additional information to be provided by the owner or operator tocomplete the plan.
(d) The executive secretary shall review information submitted in response to a notice ofdeficiency within 30 days after receipt.
(e) The following time periods may not be included in the 270 day plan review period fora class I or II facility:
(i) time awaiting response from the owner or operator to requests for information issuedby the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;and
(iii) time for review of the permit by other federal or state government agencies.
(6) (a) If the facility is a class III or class IV facility, the executive secretary shall approveor disapprove that plan within 365 days from the date it is submitted.
(b) The following time periods may not be included in the 365 day review period:
(i) time awaiting response from the owner or operator to requests for information issuedby the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;and
(iii) time for review of the permit by other federal or state government agencies.
(7) If, within 365 days after receipt of a modification plan or closure plan for any facility,the executive secretary determines that the proposed plan, or any part of it, will not comply withapplicable rules, the executive secretary shall issue an order prohibiting any action under theproposed plan for modification or closure in whole or in part.
(8) Any person who owns or operates a facility or site required to have an approvedhazardous waste operation plan under this section and who has pending a permit applicationbefore the United States Environmental Protection Agency shall be treated as having an approvedplan until final administrative disposition of the permit application is made under this section,unless the board determines that final administrative disposition of the application has not beenmade because of the failure of the owner or operator to furnish any information requested, or thefacility's interim status has terminated under Section 3005 (e) of the Resource Conservation andRecovery Act, 42 U.S.C. Section 6925 (e).
(9) No proposed nonhazardous solid or hazardous waste operation plan may be approvedunless it contains the information that the board requires, including:
(a) estimates of the composition, quantities, and concentrations of any hazardous wasteidentified under this part and the proposed treatment, storage, or disposal of it;

(b) evidence that the disposal of nonhazardous solid waste or treatment, storage, ordisposal of hazardous waste will not be done in a manner that may cause or significantlycontribute to an increase in mortality, an increase in serious irreversible or incapacitatingreversible illness, or pose a substantial present or potential hazard to human health or theenvironment;
(c) consistent with the degree and duration of risks associated with the disposal ofnonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste,evidence of financial responsibility in whatever form and amount that the executive secretarydetermines is necessary to insure continuity of operation and that upon abandonment, cessation,or interruption of the operation of the facility or site, all reasonable measures consistent with theavailable knowledge will be taken to insure that the waste subsequent to being treated, stored, ordisposed of at the site or facility will not present a hazard to the public or the environment;
(d) evidence that the personnel employed at the facility or site have education andtraining for the safe and adequate handling of nonhazardous solid or hazardous waste;
(e) plans, specifications, and other information that the executive secretary considersrelevant to determine whether the proposed nonhazardous solid or hazardous waste operationplan will comply with this part and the rules of the board; and
(f) compliance schedules, where applicable, including schedules for corrective action orother response measures for releases from any solid waste management unit at the facility,regardless of the time the waste was placed in the unit.
(10) The executive secretary may not approve a commercial nonhazardous solid orhazardous waste operation plan that meets the requirements of Subsection (9) unless it containsthe information required by the board, including:
(a) evidence that the proposed commercial facility has a proven market of nonhazardoussolid or hazardous waste, including:
(i) information on the source, quantity, and price charged for treating, storing, anddisposing of potential nonhazardous solid or hazardous waste in the state and regionally;
(ii) a market analysis of the need for a commercial facility given existing and potentialgeneration of nonhazardous solid or hazardous waste in the state and regionally; and
(iii) a review of other existing and proposed commercial nonhazardous solid orhazardous waste facilities regionally and nationally that would compete for the treatment,storage, or disposal of the nonhazardous solid or hazardous waste;
(b) a description of the public benefits of the proposed facility, including:
(i) the need in the state for the additional capacity for the management of nonhazardoussolid or hazardous waste;
(ii) the energy and resources recoverable by the proposed facility;
(iii) the reduction of nonhazardous solid or hazardous waste management methods,which are less suitable for the environment, that would be made possible by the proposed facility;and
(iv) whether any other available site or method for the management of hazardous wastewould be less detrimental to the public health or safety or to the quality of the environment; and
(c) compliance history of an owner or operator of a proposed commercial nonhazardoussolid or hazardous waste treatment, storage, or disposal facility, which may be applied by theexecutive secretary in a nonhazardous solid or hazardous waste operation plan decision,including any plan conditions.

(11) The executive secretary may not approve a commercial nonhazardous solid orhazardous waste facility operation plan unless based on the application, and in addition to thedetermination required in Subsections (9) and (10), the executive secretary determines that:
(a) the probable beneficial environmental effect of the facility to the state outweighs theprobable adverse environmental effect; and
(b) there is a need for the facility to serve industry within the state.
(12) Approval of a nonhazardous solid or hazardous waste operation plan may berevoked, in whole or in part, if the person to whom approval of the plan has been given fails tocomply with that plan.
(13) The executive secretary shall review all approved nonhazardous solid and hazardouswaste operation plans at least once every five years.
(14) The provisions of Subsections (10) and (11) do not apply to hazardous wastefacilities in existence or to applications filed or pending in the department prior to April 24,1989, that are determined by the executive secretary on or before December 31, 1990, to becomplete, in accordance with state and federal requirements applicable to operation plans forhazardous waste facilities.
(15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardoussolid waste facility in existence or to an application filed or pending in the department prior toJanuary 1, 1990, that is determined by the executive secretary, on or before December 31, 1990,to be complete in accordance with state and federal requirements applicable to operation plansfor nonhazardous solid waste facilities.
(16) Nonhazardous solid waste generated outside of this state that is defined ashazardous waste in the state where it is generated and which is received for disposal in this stateshall not be disposed of at a nonhazardous waste disposal facility owned and operated by localgovernment or a facility under contract with a local government solely for disposal ofnonhazardous solid waste generated within the boundaries of the local government, unlessdisposal is approved by the executive secretary.
(17) This section may not be construed to exempt any facility from applicable regulationunder the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.

Amended by Chapter 72, 2007 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-108

19-6-108. New nonhazardous solid or hazardous waste operation plans for facilityor site -- Administrative and legislative approval required -- Exemptions from legislativeand gubernatorial approval -- Time periods for review -- Information required -- Otherconditions -- Revocation of approval -- Periodic review.
(1) For purposes of this section, the following items shall be treated as submission of anew operation plan:
(a) the submission of a revised operation plan specifying a different geographic site thana previously submitted plan;
(b) an application for modification of a commercial hazardous waste incinerator if theconstruction or the modification would increase the hazardous waste incinerator capacity abovethe capacity specified in the operation plan as of January 1, 1990, or the capacity specified in theoperation plan application as of January 1, 1990, if no operation plan approval has been issued asof January 1, 1990;
(c) an application for modification of a commercial nonhazardous solid waste incineratorif the construction of the modification would cost 50% or more of the cost of construction of theoriginal incinerator or the modification would result in an increase in the capacity or throughputof the incinerator of a cumulative total of 50% above the total capacity or throughput that wasapproved in the operation plan as of January 1, 1990, or the initial approved operation plan if theinitial approval is subsequent to January 1, 1990; or
(d) an application for modification of a commercial nonhazardous solid or hazardouswaste treatment, storage, or disposal facility, other than an incinerator, if the modification wouldbe outside the boundaries of the property owned or controlled by the applicant, as shown in theapplication or approved operation plan as of January 1, 1990, or the initial approved operationplan if the initial approval is subsequent to January 1, 1990.
(2) Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnagespecified for the trial burn in the operation plan or the operation plan application if no operationplan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours.
(3) (a) (i) No person may own, construct, modify, or operate any facility or site for thepurpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardouswaste without first submitting and receiving the approval of the executive secretary for anoperation plan for that facility or site.
(ii) (A) A permittee who is the current owner of a facility or site that is subject to anoperation plan may submit to the executive secretary information, a report, a plan, or otherrequest for approval for a proposed activity under an operation plan:
(I) after obtaining the consent of any other permittee who is a current owner of thefacility or site; and
(II) without obtaining the consent of any other permittee who is not a current owner ofthe facility or site.
(B) The executive secretary may not:
(I) withhold an approval of an operation plan requested by a permittee who is a currentowner of the facility or site on the grounds that another permittee who is not a current owner ofthe facility or site has not consented to the request; or
(II) give an approval of an operation plan requested by a permittee who is not a currentowner before receiving consent of the current owner of the facility or site.
(b) (i) Except for facilities that receive the following wastes solely for the purpose of

recycling, reuse, or reprocessing, no person may own, construct, modify, or operate anycommercial facility that accepts for treatment or disposal, with the intent to make a profit, any ofthe wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving theapproval of the executive secretary for an operation plan for that facility site.
(ii) Wastes referred to in Subsection (3)(b)(i) are:
(A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control wastegenerated primarily from the combustion of coal or other fossil fuels;
(B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
(C) cement kiln dust wastes.
(c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until hereceives, in addition to and subsequent to local government approval and subsequent to theapproval required in Subsection (3)(a), approval by the governor and the Legislature.
(ii) Facilities referred to in Subsection (3)(c)(i) are:
(A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;and
(B) except for facilities that receive the following wastes solely for the purpose ofrecycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas emissioncontrol waste generated primarily from the combustion of coal or other fossil fuels; wastes fromthe extraction, beneficiation, and processing of ores and minerals; or cement kiln dust wastes.
(d) No person need obtain gubernatorial or legislative approval for the construction of ahazardous waste facility for which an operating plan has been approved by or submitted forapproval to the executive secretary under this section before April 24, 1989, and which has beendetermined, on or before December 31, 1990, by the executive secretary to be complete, inaccordance with state and federal requirements for operating plans for hazardous waste facilitieseven if a different geographic site is subsequently submitted.
(e) No person need obtain gubernatorial and legislative approval for the construction of acommercial nonhazardous solid waste disposal facility for which an operation plan has beenapproved by or submitted for approval to the executive secretary under this section on or beforeJanuary 1, 1990, and which, on or before December 31, 1990, the executive secretary determinesto be complete, in accordance with state and federal requirements applicable to operation plansfor nonhazardous solid waste facilities.
(f) Any person owning or operating a facility or site on or before November 19, 1980,who has given timely notification as required by Section 3010 of the Resource Conservation andRecovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposedhazardous waste plan under this section for that facility or site, may continue to operate thatfacility or site without violating this section until the plan is approved or disapproved under thissection.
(g) (i) The executive secretary shall suspend acceptance of further applications for acommercial nonhazardous solid or hazardous waste facility upon a finding that he cannotadequately oversee existing and additional facilities for permit compliance, monitoring, andenforcement.
(ii) The executive secretary shall report any suspension to the Natural Resources,Agriculture, and Environment Interim Committee.
(4) The executive secretary shall review each proposed nonhazardous solid or hazardous

waste operation plan to determine whether that plan complies with the provisions of this part andthe applicable rules of the board.
(5) (a) If the facility is a class I or class II facility, the executive secretary shall approveor disapprove that plan within 270 days from the date it is submitted.
(b) Within 60 days after receipt of the plans, specifications, or other information requiredby this section for a class I or II facility, the executive secretary shall determine whether the planis complete and contains all information necessary to process the plan for approval.
(c) (i) If the plan for a class I or II facility is determined to be complete, the executivesecretary shall issue a notice of completeness.
(ii) If the plan is determined by the executive secretary to be incomplete, he shall issue anotice of deficiency, listing the additional information to be provided by the owner or operator tocomplete the plan.
(d) The executive secretary shall review information submitted in response to a notice ofdeficiency within 30 days after receipt.
(e) The following time periods may not be included in the 270 day plan review period fora class I or II facility:
(i) time awaiting response from the owner or operator to requests for information issuedby the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;and
(iii) time for review of the permit by other federal or state government agencies.
(6) (a) If the facility is a class III or class IV facility, the executive secretary shall approveor disapprove that plan within 365 days from the date it is submitted.
(b) The following time periods may not be included in the 365 day review period:
(i) time awaiting response from the owner or operator to requests for information issuedby the executive secretary;
(ii) time required for public participation and hearings for issuance of plan approvals;and
(iii) time for review of the permit by other federal or state government agencies.
(7) If, within 365 days after receipt of a modification plan or closure plan for any facility,the executive secretary determines that the proposed plan, or any part of it, will not comply withapplicable rules, the executive secretary shall issue an order prohibiting any action under theproposed plan for modification or closure in whole or in part.
(8) Any person who owns or operates a facility or site required to have an approvedhazardous waste operation plan under this section and who has pending a permit applicationbefore the United States Environmental Protection Agency shall be treated as having an approvedplan until final administrative disposition of the permit application is made under this section,unless the board determines that final administrative disposition of the application has not beenmade because of the failure of the owner or operator to furnish any information requested, or thefacility's interim status has terminated under Section 3005 (e) of the Resource Conservation andRecovery Act, 42 U.S.C. Section 6925 (e).
(9) No proposed nonhazardous solid or hazardous waste operation plan may be approvedunless it contains the information that the board requires, including:
(a) estimates of the composition, quantities, and concentrations of any hazardous wasteidentified under this part and the proposed treatment, storage, or disposal of it;

(b) evidence that the disposal of nonhazardous solid waste or treatment, storage, ordisposal of hazardous waste will not be done in a manner that may cause or significantlycontribute to an increase in mortality, an increase in serious irreversible or incapacitatingreversible illness, or pose a substantial present or potential hazard to human health or theenvironment;
(c) consistent with the degree and duration of risks associated with the disposal ofnonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste,evidence of financial responsibility in whatever form and amount that the executive secretarydetermines is necessary to insure continuity of operation and that upon abandonment, cessation,or interruption of the operation of the facility or site, all reasonable measures consistent with theavailable knowledge will be taken to insure that the waste subsequent to being treated, stored, ordisposed of at the site or facility will not present a hazard to the public or the environment;
(d) evidence that the personnel employed at the facility or site have education andtraining for the safe and adequate handling of nonhazardous solid or hazardous waste;
(e) plans, specifications, and other information that the executive secretary considersrelevant to determine whether the proposed nonhazardous solid or hazardous waste operationplan will comply with this part and the rules of the board; and
(f) compliance schedules, where applicable, including schedules for corrective action orother response measures for releases from any solid waste management unit at the facility,regardless of the time the waste was placed in the unit.
(10) The executive secretary may not approve a commercial nonhazardous solid orhazardous waste operation plan that meets the requirements of Subsection (9) unless it containsthe information required by the board, including:
(a) evidence that the proposed commercial facility has a proven market of nonhazardoussolid or hazardous waste, including:
(i) information on the source, quantity, and price charged for treating, storing, anddisposing of potential nonhazardous solid or hazardous waste in the state and regionally;
(ii) a market analysis of the need for a commercial facility given existing and potentialgeneration of nonhazardous solid or hazardous waste in the state and regionally; and
(iii) a review of other existing and proposed commercial nonhazardous solid orhazardous waste facilities regionally and nationally that would compete for the treatment,storage, or disposal of the nonhazardous solid or hazardous waste;
(b) a description of the public benefits of the proposed facility, including:
(i) the need in the state for the additional capacity for the management of nonhazardoussolid or hazardous waste;
(ii) the energy and resources recoverable by the proposed facility;
(iii) the reduction of nonhazardous solid or hazardous waste management methods,which are less suitable for the environment, that would be made possible by the proposed facility;and
(iv) whether any other available site or method for the management of hazardous wastewould be less detrimental to the public health or safety or to the quality of the environment; and
(c) compliance history of an owner or operator of a proposed commercial nonhazardoussolid or hazardous waste treatment, storage, or disposal facility, which may be applied by theexecutive secretary in a nonhazardous solid or hazardous waste operation plan decision,including any plan conditions.

(11) The executive secretary may not approve a commercial nonhazardous solid orhazardous waste facility operation plan unless based on the application, and in addition to thedetermination required in Subsections (9) and (10), the executive secretary determines that:
(a) the probable beneficial environmental effect of the facility to the state outweighs theprobable adverse environmental effect; and
(b) there is a need for the facility to serve industry within the state.
(12) Approval of a nonhazardous solid or hazardous waste operation plan may berevoked, in whole or in part, if the person to whom approval of the plan has been given fails tocomply with that plan.
(13) The executive secretary shall review all approved nonhazardous solid and hazardouswaste operation plans at least once every five years.
(14) The provisions of Subsections (10) and (11) do not apply to hazardous wastefacilities in existence or to applications filed or pending in the department prior to April 24,1989, that are determined by the executive secretary on or before December 31, 1990, to becomplete, in accordance with state and federal requirements applicable to operation plans forhazardous waste facilities.
(15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardoussolid waste facility in existence or to an application filed or pending in the department prior toJanuary 1, 1990, that is determined by the executive secretary, on or before December 31, 1990,to be complete in accordance with state and federal requirements applicable to operation plansfor nonhazardous solid waste facilities.
(16) Nonhazardous solid waste generated outside of this state that is defined ashazardous waste in the state where it is generated and which is received for disposal in this stateshall not be disposed of at a nonhazardous waste disposal facility owned and operated by localgovernment or a facility under contract with a local government solely for disposal ofnonhazardous solid waste generated within the boundaries of the local government, unlessdisposal is approved by the executive secretary.
(17) This section may not be construed to exempt any facility from applicable regulationunder the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.

Amended by Chapter 72, 2007 General Session


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