Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 154 (2015GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/20/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of solid waste in the Solid and Hazardous Waste Act; and
• makes technical changes.

Every vote on this bill

Bill text

COAL ASH REGULATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Stephen G. Handy
LONG TITLE
General Description:
This bill amends a definition in the Solid and Hazardous Waste Act.
Highlighted Provisions:
This bill:
▸ amends the definition of solid waste in the Solid and Hazardous Waste Act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-102
, as last amended by Laws of Utah 2012, Chapter 360
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-6-102
 is amended to read:
19-6-102.
Definitions.
As used in this part:
(1) "Board" means the Solid and Hazardous Waste Control Board created in Section
19-1-106
.
(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 facility that:
(i) receives waste for recycling;
(ii) receives waste to be used as fuel, in compliance with federal and state
requirements; or
(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.
(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: asbestos; contaminated soils or tanks resulting from remediation
or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar
hazardous or potentially hazardous materials.
(5) "Demolition waste" has the same meaning as the definition of construction waste in
this section.
(6) "Director" means the director of the Division of Solid and Hazardous Waste.
(7) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid or hazardous waste into or on any 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.
(8) "Division" means the Division of Solid and Hazardous Waste, created in
Subsection 
19-1-105
(1)(e).
(9) "Generation" or "generated" means the act or process of producing nonhazardous
solid or hazardous waste.
(10) "Hazardous waste" means a solid waste or combination of solid wastes other than
household waste which, 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.
(11) "Health facility" means hospitals, psychiatric hospitals, home health agencies,
hospices, skilled nursing facilities, intermediate care facilities, intermediate care facilities for
people with an intellectual disability, residential health care facilities, maternity homes or
birthing centers, free standing ambulatory surgical centers, facilities owned or operated by
health maintenance organizations, and state renal disease treatment centers including free
standing hemodialysis units, the offices of private physicians and dentists whether for
individual or private practice, veterinary clinics, and mortuaries.
(12) "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.
(13) "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.
(14) "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.
(15) "Mixed waste" means any material that is a hazardous waste as defined in this
chapter and is also radioactive as defined in Section 
19-3-102
.
(16) "Modification plan" means a plan under Section 
19-6-108
 to modify a facility or
site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
of hazardous waste.
(17) "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 disposing of
nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
(b) a closure plan;
(c) a modification plan; or
(d) an approval that the director is authorized to issue.
(18) "Permittee" means a person who is obligated under an operation plan.
(19) (a) "Solid waste" means any 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
but 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.[
, Section
] 
Sec.
 1251[
,
] et seq.
(b) "Solid waste" does not include any of the following wastes unless the waste causes
a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
(i) certain large volume wastes, such as inert construction debris used as fill material;
(ii) drilling muds, produced waters, and other wastes associated with the exploration,
development, or production of oil, gas, or geothermal energy;
[
(iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels;
]
[
(iv)
] 
(iii)
 solid wastes from the extraction, beneficiation, and processing of ores and
minerals; or
[
(v)
] 
(iv)
 cement kiln dust.
(20) "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.
(21) "Transportation" means the off-site movement of solid or hazardous waste to any
intermediate point or to any point of storage, treatment, or disposal.
(22) "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.
(23) "Underground storage tank" means a tank which is regulated under Subtitle I of
the Resource Conservation and Recovery Act, 42 U.S.C.[
, Section
] 
Sec.
 6991[
,
] et seq.