19-6-118.  Hazardous waste and treated hazardous waste disposal fees.

(1) 

Terms Used In Utah Code 19-6-118

  • 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
  • Land: includes :Utah Code 68-3-12.5
  • 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. See Utah Code 19-6-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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)  An owner or operator of any commercial hazardous waste or mixed waste disposal or treatment facility that primarily receives hazardous or mixed wastes generated by off-site sources not owned, controlled, or operated by the facility or site owner or operator, and that is subject to the requirements of Section 19-6-108, shall pay the fee under Subsection (2).

(b)  The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or industrial furnace that receives for burning hazardous waste generated by off-site sources not owned, controlled, or operated by the owner or operator shall pay the fee under Subsection (2).

(2) 

(a)  In accordance with Section 63J-1-504, the department shall establish a fee schedule for the treatment and land disposal of hazardous waste and mixed waste.

(b)  To create the fee schedule described in Subsection (2)(a), the department shall, before establishing the fee schedule, complete a review of program costs and indirect costs of regulating hazardous waste and mixed waste in the state.

(c)  The fee schedule described in Subsection (2)(a) shall:

(i)  implement a flat fee not calculated according to the amount of waste treated or disposed;

(ii)  provide for reasonable and timely oversight by the department; and

(iii)  adequately meet the needs of industry and the department, including enabling the department to employ qualified personnel to appropriately oversee industry regulation.

(d)  A facility that treats or disposes of hazardous waste or mixed waste is authorized to collect the fee established under Subsection (2)(a) from the generator of the waste.

(3) 

(a)  The department shall allocate and pay to a county at least 10% of the fee established under Subsection (2)(a) that the department receives from a facility in that county.

(b)  The county may use fees allocated under this Subsection (3) to carry out its hazardous waste monitoring and response programs.

(4)  The department shall deposit the state portion of a fee received under this section into the Environmental Quality Restricted Account created in Section 19-1-108.

(5)  An owner or operator shall submit payment of the fee established in Subsection (2)(a) to the department:

(a)  in accordance with a schedule provided by the department; and

(b)  using forms provided by the department.

(6) 

(a)  The department shall oversee and monitor hazardous waste treatment, disposal, and incineration facilities, including federal government facilities located within the state.

(b)  The department may determine facility oversight priorities.

(7) 

(a)  The department, in preparing its budget for the governor and the Legislature, shall separately indicate the amount necessary to administer the hazardous waste program established by this part.

(b)  The Legislature shall appropriate the costs of administering this program.

(8)  The Office of Legislative Fiscal Analyst shall monitor a fee collected under this part.

(9)  Mixed waste subject to a fee under this section is not subject to a fee under Section 19-3-106.

Amended by Chapter 466, 2019 General Session

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