19-6-102.  Definitions.
     As used in this part:

(1)  “Board” means the Waste Management and Radiation Control Board created in Section 19-1-106.

Terms Used In Utah Code 19-6-102

  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
  • Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
  • generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
  • Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
  • Household waste: means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. See Utah Code 19-6-102
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Land: includes :Utah Code 68-3-12.5
  • Modification request: means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
  • Permit: includes an operation plan. See Utah Code 19-6-102
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Road: includes :Utah Code 68-3-12.5
  • Solid waste: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
  • Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
  • Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
(2)  “Closure plan” means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site.

(3) 

(a)  “Commercial nonhazardous solid waste treatment, storage, or disposal facility” means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or disposal.

(b)  “Commercial nonhazardous solid waste treatment, storage, or disposal facility” does not include a commercial facility that:

(i)  receives waste for recycling;

(ii)  receives waste to be used as fuel, in compliance with federal and state requirements;

(iii)  is solely under contract with a local government within the state to dispose of nonhazardous solid waste generated within the boundaries of the local government; or

(iv)  receives only waste from the exploration and production of oil and gas.

(4)  “Construction waste or demolition waste”:

(a)  means waste from building materials, packaging, and rubble resulting from construction, demolition, remodeling, and repair of pavements, houses, commercial buildings, and other structures, and from road building and land clearing; and

(b)  does not include:

(i)  asbestos;

(ii)  contaminated soils or tanks resulting from remediation or cleanup at a release or spill;

(iii)  waste paints;

(iv)  solvents;

(v)  sealers;

(vi)  adhesives; or

(vii)  hazardous or potentially hazardous materials similar to that described in Subsections (4)(b)(i) through (vi).

(5)  “Director” means the director of the Division of Waste Management and Radiation Control.

(6)  “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters.

(7)  “Division” means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d).

(8)  “Generation” or “generated” means the act or process of producing nonhazardous solid or hazardous waste.

(9) 

(a)  “Hazardous waste” means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(b)  “Hazardous waste” does not include those wastes listed in 40 C.F.R. § 261.4(b).

(10)  “Health facility” means a:

(a)  hospital;

(b)  psychiatric hospital;

(c)  home health agency;

(d)  hospice;

(e)  skilled nursing facility;

(f)  intermediate care facility;

(g)  intermediate care facility for people with an intellectual disability;

(h)  residential health care facility;

(i)  maternity home or birthing center;

(j)  free standing ambulatory surgical center;

(k)  facility owned or operated by a health maintenance organization;

(l)  state renal disease treatment center, including a free standing hemodialysis unit;

(m)  the office of a private physician or dentist whether for individual or private practice;

(n)  veterinary clinic; or

(o)  mortuary.

(11)  “Household waste” means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(12)  “Infectious waste” means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease.

(13)  “Manifest” means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

(14)  “Mixed waste” means material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102.

(15)  “Modification request” means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste.

(16)  “Operation plan” or “nonhazardous solid or hazardous waste operation plan” means a plan or approval under Section 19-6-108, including:

(a)  a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste;

(b)  a closure plan;

(c)  a modification request; or

(d)  an approval that the director is authorized to issue.

(17)  “Permit” includes an operation plan.

(18)  “Permittee” means a person who is obligated under an operation plan.

(19) 

(a)  “Solid waste” means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities.

(b)  “Solid waste” does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. § 1251 et seq.

(c)  “Solid waste” does not include metal that is:

(i)  purchased as a valuable commercial commodity; and

(ii)  not otherwise hazardous waste or subject to conditions of the federal hazardous waste regulations, including the requirements for recyclable materials found at 40 C.F.R. § 261.6.

(d)  “Solid waste” does not include post-use polymers or recovered feedstock, as those terms are defined in Section 19-6-502, converted or held at an advanced recycling facility.

(20)  “Solid waste management facility” means the same as that term is defined in Section 19-6-502.

(21)  “Storage” means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste.

(22) 

(a)  “Transfer” means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility.

(b)  “Transfer” does not mean:

(i)  the act of moving nonhazardous solid waste from one location to another location on the site where the nonhazardous solid waste is generated; or

(ii)  placement of nonhazardous solid waste on the site where the nonhazardous solid waste is generated in preparation for movement off that site.

(23)  “Transportation” means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal.

(24)  “Treatment” means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume.

(25)  “Underground storage tank” means a tank that is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. § 6991 et seq.

Amended by Chapter 206, 2023 General Session

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