19-6-120.  New hazardous waste operation plans — Designation of hazardous waste facilities — Fees for filing and plan review.

(1)  For purposes of this section, the following items shall be treated as submission of a new hazardous waste operation plan:

Terms Used In Utah Code 19-6-120

  • 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
  • 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
  • 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
  • Property: includes both real and personal property. 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)  the submission of a revised hazardous waste operation plan specifying a different geographic site than a previously submitted plan;

(b)  an application for modification of a commercial hazardous waste incinerator if the construction or the modification would increase the commercial hazardous waste incinerator capacity above the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in the operation plan application as of January 1, 1990, if no operation plan approval has been issued as of January 1, 1990; or

(c)  an application for modification of a commercial hazardous waste treatment, storage, or disposal facility, other than an incinerator, if the modification would be outside the boundaries of the property owned or controlled by the applicant, as shown in the application or approved operation plan as of January 1, 1990, or the initial approved operation plan if initial approval is subsequent to January 1, 1990.

(2)  Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnage specified for the trial burn in the operation plan or the operation plan application if no operation plan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours.

(3) 

(a)  A hazardous waste facility that is subject to payment of fees under this section or Section 19-1-201 for plan reviews under Section 19-6-108 shall be designated by the department as either class I, class II, class III, or class IV facility.

(b)  The department shall designate a commercial hazardous waste facility containing either landfills, surface impoundments, land treatment units, thermal treatment units, incinerators, or underground injection wells, which primarily receive wastes generated by off-site sources not owned, controlled, or operated by the facility owner or operator, as a class I facility.

(4)  The maximum fee for filing and review of a class I facility operation plan is $200,000, and is due and payable as follows:

(a)  the owner or operator of a class I facility shall, at the time of filing for plan review, pay to the department the nonrefundable sum of $50,000;

(b)  upon issuance by the director of a notice of completeness under Section 19-6-108, the owner or operator of the facility shall pay to the department an additional nonrefundable sum of $50,000; and

(c)  the department shall bill the owner or operator of the facility for any additional actual costs of plan review, up to an additional $100,000.

(5) 

(a)  The department shall designate a hazardous waste incinerator that primarily receive wastes generated by sources owned, controlled, or operated by the facility owner or operator as a class II facility.

(b)  The maximum fee for filing and review of a class II facility operation plan is $150,000, and shall be due and payable as follows:

(i)  the owner or operator of a class II facility shall, at the time of filing for plan review under Section 19-6-108, pay to the department the nonrefundable sum of $50,000; and

(ii)  the department shall bill the owner or operator of the facility for any additional actual costs of plan review, up to an additional $100,000.

(6) 

(a)  The department shall designate a hazardous waste facility containing either landfills, surface impoundments, land treatment units, thermal treatment units, or underground injection wells, that primarily receive wastes generated by sources owned, controlled, or operated by the facility owner or operator, as a class III facility.

(b)  The maximum fee for filing and review of a class III facility operation plan is $100,000 and is due and payable as follows:

(i)  the owner or operator shall, at the time of filing for plan review, pay to the department the nonrefundable sum of $1,000; and

(ii)  the department shall bill the owner or operator of a class III facility for actual costs of operation plan review, up to an additional $99,000.

(7) 

(a)  A hazardous waste facility not described in Subsections (3) through (6) is designated as a class IV facility.

(b)  The maximum fee for filing and review of a class IV facility operation plan is $50,000 and is due and payable as follows:

(i)  the owner or operator shall, at the time of filing for plan review, pay to the department the nonrefundable sum of $1,000; and

(ii)  the department shall bill the owner or operator of a class IV facility for actual costs of operation plan review, up to an additional $49,000.

(8) 

(a)  The maximum fee for filing and review of a temporary authorization request, class II or class III modification request, or for a class I, class II, or class III facility is $50,000 and is due and payable as follows:

(i)  the owner or operator shall, at the time of filing for that review, pay to the department the nonrefundable sum of $1,000; and

(ii)  the department shall bill the owner or operator of the hazardous waste facility for actual costs of the review, up to an additional $49,000.

(b)  The maximum fee for filing and review of a class I modification request, for a class I, class II, or class III facility, and of a modification request for a class IV facility, is $20,000, and is due and payable as follows:

(i)  the owner or operator shall, at the time of filing for that review, pay to the department the nonrefundable sum of $1,000; and

(ii)  the department shall bill the owner or operator of the hazardous waste facility for actual costs of review up to an additional $19,000.

(c)  The owner or operator of a thermal treatment unit shall submit a trial or test burn schedule 90 days before to any planned trial or test burn. At the time the schedule is submitted, the owner or operator shall pay to the department the nonrefundable fee of $25,000. The department shall apply the fee to the costs of the review and processing of each trial or test burn plan, trial or test burn, and trial or test burn data report. The department shall bill the owner or operator of the facility for any additional actual costs of review and preparation.

(9) 

(a)  The owner or operator of a class III facility may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class II facility operation plan.

(b)  The owner or operator of a class IV facility may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class III facility operation plan.

(c)  An owner or operator of a class I, class II, or class III facility who submits a class II or class III modification request may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class II facility operation plan.

(d)  An owner or operator of a class I, class II, or class III facility who submits a class I modification request, and an owner or operator of a class IV facility who submits a modification request or a closure plan, may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class III facility operation plan.

(10)  Fees received by the department under this section shall be deposited into the General Fund as dedicated credits for hazardous waste plan reviews in accordance with Subsection (12) and Section 19-6-108.

(11) 

(a) 

(i)  The director shall establish an accounting procedure that separately accounts for fees paid by each owner or operator who submits a hazardous waste operation plan for approval under Section 19-6-108 and pays fees for hazardous waste plan reviews under this section or Section 19-1-201.

(ii)  The director shall credit fees paid by the owner or operator to that owner or operator.

(iii)  The director shall account for costs actually incurred in reviewing each operation plan and may only use the fees of each owner or operator for review of that owner or operator’s plan.

(b)  If the costs actually incurred by the department in reviewing a hazardous waste operation plan of any facility are less than the nonrefundable fee paid by the owner or operator under this section, the department may, upon approval or disapproval of the plan by the board or upon withdrawal of the plan by the owner or operator, use any remaining funds that have been credited to that owner or operator for the purposes of administering provisions of the hazardous waste programs and activities authorized by this part.

(12) 

(a)  With regard to any review of a hazardous waste operation plan, modification request, or closure plan that is pending on April 25, 1988, the director may assess fees for that plan review.

(b)  The total amount of fees paid by an owner or operator of a hazardous waste facility whose plan review is affected by this Subsection (12) may not exceed the maximum fees allowable under this section for the appropriate class of facility.

(13) 

(a)  The department shall maintain accurate records of the department’s actual costs for each plan review under this section.

(b)  A record described in Subsection (13)(a) shall be available for public inspection.

Amended by Chapter 256, 2020 General Session

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