19-6-109. Inspections authorized — Fines for a self-inspected facility.
| (1) |
A duly authorized officer, employee, or representative of the director may, at any reasonable time and upon presentation of appropriate credentials, enter upon and inspect any property, premise, or place on or at which solid or hazardous wastes are generated, transported, stored, treated, or disposed of, and have access to and the right to copy any records relating to the wastes, for the purpose of ascertaining compliance with this part and the rules of the board. |
Terms Used In Utah Code 19-6-109
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the director of the Division of Waste Management and Radiation Control. 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
- 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
- Property: includes both real and personal property. See 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
- Solid waste management facility: means the same as that term is defined in Section 19-6-502. See Utah Code 19-6-102
| (2) |
An inspector may also inspect any waste and obtain waste samples, including samples from any vehicle in which wastes are being transported or samples of any containers or labels. |
| (3) |
Any person obtaining samples shall give to the owner, operator, or agent a receipt describing the sample obtained and, if requested, a portion of each sample of waste equal in volume or weight to the portion retained. |
| (4) |
If any analysis is made of those samples, a copy of the results of that analysis shall be furnished promptly to the owner, operator, or agent in charge. |
| (5) |
| (a) |
Notwithstanding any other provision of this section, by January 1, 2019, the division shall ensure that an owner or operator of a solid waste management facility may elect to self-inspect the solid waste management facility. |
| (b) |
| (i) |
The division shall create a training program to teach the owner or operator of a solid waste management facility how to self-inspect the owner or operator’s solid waste management facility. |
| (ii) |
The training described in Subsection (5)(b)(i) shall be no longer than five hours total. |
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| (c) |
An owner or operator that elects to self-inspect a solid waste management facility under Subsection (5)(a) shall:
| (i) |
provide all information to the division that is required by this chapter and any rules issued by the board; and |
| (ii) |
conduct the self-inspection annually and send a self-inspection report, certified by an individual who completed the training described in Subsection (5)(b)(i), to the division upon completion. |
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| (d) |
The division shall ensure that a solid waste management facility is inspected by an authorized division employee:
| (i) |
every three to five years, if the solid waste management facility does not elect to self-inspect under Subsection (5)(a); |
| (ii) |
at least once every five years, regardless of whether the solid waste management facility elects to self-inspect under Subsection (5)(a); |
| (iii) |
promptly upon receipt of a credible complaint about the solid waste management facility; and |
| (iv) |
upon request by the solid waste management facility or upon issuance of a notice of violation. |
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| (6) |
| (a) |
The division shall ensure that a fine assessed against a solid waste management facility that elects to self-inspect for a violation of this chapter or a rule made by the board is higher than the fine that would be assessed against a solid waste management facility that does not elect to self-inspect. |
| (b) |
The division may determine that, upon a severe violation of this chapter or a rule made by the board by a facility that elects to self-inspect, that a facility is no longer eligible to self-inspect. |
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Amended by Chapter 241, 2018 General Session
