Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 258 Second Substitute (2016GS)

Sponsor

Rep. Oda, C.

Final action

Governor Vetoed 3/30/2016

Outcome

Vetoed

Summary

What it does

• This bill:
• clarifies the definition of the term "solid waste management facility"; and
• makes technical changes.

Every vote on this bill

Bill text

SOLID WASTE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis Oda
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill clarifies the definition of the term "solid waste management facility."
Highlighted Provisions:
This bill:
▸ clarifies the definition of the term "solid waste management facility"; 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 2015, Chapters 42 and 451
19-6-502
, as last amended by Laws of Utah 2014, Chapter 183
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 Waste Management and Radiation 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 Waste Management and Radiation
Control.
(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 Waste Management and Radiation Control,
created in Subsection 
19-1-105
(1)(d).
(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. 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) solid wastes from the extraction, beneficiation, and processing of ores and
minerals; or
(iv) cement kiln dust.
(20) "Solid waste management facility" means the same as that term is defined in
Section 
19-6-502
.
[
(20)
] 
(21)
 "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)
] 
(22)
 "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)
] 
(23)
 "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)
] 
(24)
 "Underground storage tank" means a tank which is regulated under Subtitle
I of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
Section 2. Section 
19-6-502
 is amended to read:
19-6-502.
Definitions.
As used in this part:
(1) "Governing body" means the governing board, commission, or council of a public
entity.
(2) "Jurisdiction" means the area within the incorporated limits of:
(a) a municipality;
(b) a special service district;
(c) a municipal-type service district;
(d) a service area; or
(e) the territorial area of a county not lying within a municipality.
(3) "Long-term agreement" means an agreement or contract having a term of more than
five years but less than 50 years.
(4) "Municipal residential waste" means solid waste that is:
(a) discarded or rejected at a residence within the public entity's jurisdiction; and
(b) collected at or near the residence by:
(i) a public entity; or
(ii) a person with whom the public entity has as an agreement to provide solid waste
management.
(5) "Public entity" means:
(a) a county;
(b) a municipality;
(c) a special service district under Title 17D, Chapter 1, Special Service District Act;
(d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
(e) a municipal-type service district created under Title 17, Chapter 34,
Municipal-Type Services to Unincorporated Areas.
(6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
imposes a legal duty on a person.
(7) "Residence" means an improvement to real property used or occupied as a primary
or secondary detached single-family dwelling.
(8) "Resource recovery" means the separation, extraction, recycling, or recovery of
usable material, energy, fuel, or heat from solid waste and the disposition of it.
(9) "Short-term agreement" means a contract or agreement having a term of five years
or less.
(10) (a) "Solid waste" means a putrescible or nonputrescible material or substance
discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the
time of discard or rejection, including:
(i) garbage;
(ii) refuse;
(iii) industrial and commercial waste;
(iv) sludge from an air or water control facility;
(v) rubbish;
(vi) ash;
(vii) contained gaseous material;
(viii) incinerator residue;
(ix) demolition and construction debris;
(x) a discarded automobile; and
(xi) offal.
(b) "Solid waste" does not include sewage or another highly diluted water carried
material or substance and those in gaseous form.
(11) "Solid waste management" means the purposeful and systematic collection,
transportation, storage, processing, recovery, or disposal of solid waste.
(12) 
(a)
 "Solid waste management facility" means a facility employed for solid waste
management, including:
[
(a)
] 
(i)
 a transfer station;
[
(b)
] 
(ii)
 a transport system;
[
(c)
] 
(iii)
 a baling facility;
[
(d)
] 
(iv)
 a landfill; and
[
(e)
] 
(v)
 a processing system, including:
[
(i)
] 
(A)
 a resource recovery facility;
[
(ii)
] 
(B)
 a facility for reducing solid waste volume;
[
(iii)
] 
(C)
 a plant or facility for compacting, composting, or pyrolization of solid waste;
[
(iv)
] 
(D)
 an incinerator;
[
(v)
] 
(E)
 a solid waste disposal, reduction, or conversion facility;
[
(vi)
] 
(F)
 a facility for resource recovery of energy consisting of:
[
(A)
] 
(I)
 a facility for the production, transmission, distribution, and sale of heat and
steam;
[
(B)
] 
(II)
 a facility for the generation and sale of electric energy to a public utility,
municipality, or other public entity that owns and operates an electric power system on March
15, 1982; and
[
(C)
] 
(III)
 a facility for the generation, sale, and transmission of electric energy on an
emergency basis only to a military installation of the United States; and
[
(vii)
] 
(G)
 an auxiliary energy facility that is connected to a facility for resource
recovery of energy as described in Subsection (12)[
(e)(vi)
]
(a)(v)(F)
, that:
[
(A)
] 
(I)
 is fueled by natural gas, landfill gas, or both;
[
(B)
] 
(II)
 consists of a facility for the production, transmission, distribution, and sale of
supplemental heat and steam to meet all or a portion of the heat and steam requirements of a
military installation of the United States; and
[
(C)
] 
(III)
 consists of a facility for the generation, transmission, distribution, and sale of
electric energy to a public utility, a municipality described in Subsection
(12)[
(e)(vi)(B)
]
(a)(v)(F)(II)
, or a political subdivision created under Title 11, Chapter 13,
Interlocal Cooperation Act.
(b) "Solid waste management facility" does not mean a facility that primarily accepts
and processes scrap iron, steel, non-ferrous metals by separating, shearing, sorting, shredding,
compacting, baling, cutting, or sizing to produce a principle, commodity-grade product of
prepared scrap metal for:
(i) sale; or
(ii) use for remelting purposes.
Legislative Review Note
Office of Legislative Research and General Counsel