(1) |
The board shall:
Terms Used In Utah Code 19-6-104- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
- 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
- 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
- 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
- Quorum: The number of legislators that must be present to do business.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
- 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
(a) |
survey solid and hazardous waste generation and management practices within this state and, after public hearing and after providing opportunities for comment by local governmental entities, industry, and other interested persons, prepare and revise, as necessary, a waste management plan for the state; |
(b) |
promote the planning and application of resource recovery systems to prevent the unnecessary waste and depletion of natural resources; |
(c) |
meet the requirements of federal law related to solid and hazardous wastes to ensure that the solid and hazardous wastes program provided for in this part is qualified to assume primacy from the federal government in control over solid and hazardous waste; |
(d) |
(i) |
require a facility, including a facility listed in Subsection (1)(d)(ii), to submit plans, specifications, and other information required by the board to the director before construction, modification, installation, or establishment of a facility to allow the director to determine whether the proposed construction, modification, installation, or establishment of the facility will be in accordance with rules made under this part; |
(ii) |
consider a facility referred to in Subsection (1)(d)(i) to include an incinerator that is intended for disposing of nonhazardous solid waste; |
(iii) |
consider a facility referred to in Subsection (1)(d)(i) to not include a commercial facility that is solely for the purpose of recycling, reuse, or reprocessing the following waste:
(D) |
flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; and |
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(iv) |
consider a facility referred to in Subsection (1)(d)(i) to not include a facility when the following waste is generated and the disposal occurs at an on-site location owned and operated by the generator of the waste:
(A) |
waste from the extraction, beneficiation, and processing of ores and minerals listed in 40 C.F.R. § 261.4(b)(7)(ii); or |
(B) |
cement kiln dust; and |
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(e) |
to ensure compliance with applicable statutes and rules:
(i) |
review a settlement negotiated by the director in accordance with Subsection 19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and |
(ii) |
approve or disapprove the settlement described in Subsection (1)(e)(i). |
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