Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 88 (2020GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses fees throughout the Environmental Quality Code;
• addresses a dedicated credit;
• requires that a person that operates a source of air pollution to have a permit under certain circumstances;
• provides for authority and duties of the Waste Management and Radiation Control Board;
• provides for the powers and duties of the director of the Division of Waste Management and Radiation Control;
• amends provisions related to powers of the Drinking Water Board;
• amends provisions related to the authority of the director of the Division of Drinking Water;
• addresses violations of the Safe Drinking Water Act or rules or orders issued under that act;
• addresses source and storage minimum sizing requirements for public water systems;
• modifies definitions under the Water Quality Act;
• clarifies powers and duties of the Water Quality Board;
• provides for legislative review of total maximum daily load, rules, and standards; Ŝ→ [
• modifies the procedure for the Water Quality Board to make rules; ] ←Ŝ

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 4, 2020 at 9:46 AM by lpoole.
ENVIRONMENTAL QUALITY REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
 Suzanne Harrison
LONG TITLE
General Description:
This bill addresses provisions related to environmental quality.
Highlighted Provisions:
This bill:
▸ addresses fees throughout the Environmental Quality Code;
▸ addresses a dedicated credit;
▸ requires that a person that operates a source of air pollution to have a permit under
certain circumstances;
▸ provides for authority and duties of the Waste Management and Radiation Control
Board;
▸ provides for the powers and duties of the director of the Division of Waste
Management and Radiation Control;
▸ amends provisions related to powers of the Drinking Water Board;
▸ amends provisions related to the authority of the director of the Division of
Drinking Water;
▸ addresses violations of the Safe Drinking Water Act or rules or orders issued under
that act;
▸ addresses source and storage minimum sizing requirements for public water
systems;
▸ modifies definitions under the Water Quality Act;
▸ clarifies powers and duties of the Water Quality Board;
▸ provides for legislative review of total maximum daily load, rules, and standards;
Ŝ→ [
 ▸ modifies the procedure for the Water Quality Board to make rules;
] ←Ŝ
▸ modifies rules related to a penalty imposed on an agriculture discharge;
▸ allows for discharge permits to be renewed;
▸ addresses limitations on effluent limitations standards;
▸ modifies definitions related to the Solid and Hazardous Waste Act;
▸ addresses the powers of the Waste Management and Radiation Control Board,
including rulemaking;
▸ modifies provisions related to the director of the Division of Waste Management
and Radiation Control;
▸ addresses proof of service;
▸ allows a designee of the executive director to issue enforceable written assurances;
▸ addresses violations related to used oil management; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-106
, as last amended by Laws of Utah 2015, Chapter 451
19-1-201
, as last amended by Laws of Utah 2019, Chapter 338
19-2-108
, as last amended by Laws of Utah 2015, Chapters 154 and 441
19-2-109.1
, as last amended by Laws of Utah 2015, Chapter 154
19-4-104
, as repealed and reenacted by Laws of Utah 2018, Second Special Session,
Chapter 5
19-4-106
, as last amended by Laws of Utah 2012, Chapter 360
19-4-107
, as last amended by Laws of Utah 2012, Chapter 360
19-4-109
, as last amended by Laws of Utah 2012, Chapter 360
19-4-114
, as repealed and reenacted by Laws of Utah 2018, Second Special Session,
Chapter 5
19-5-102
, as last amended by Laws of Utah 2015, Chapter 451
19-5-104
, as last amended by Laws of Utah 2012, Chapter 360
19-5-104.5
, as last amended by Laws of Utah 2019, Chapter 454
Ŝ→ [
19-5-105
, as last amended by Laws of Utah 2011, Chapter 155
] ←Ŝ
19-5-105.5
, as last amended by Laws of Utah 2012, Chapter 360
19-5-108
, as last amended by Laws of Utah 2012, Chapter 360
19-5-116
, as last amended by Laws of Utah 2011, Chapter 297
19-6-102
, as last amended by Laws of Utah 2019, Chapter 152
19-6-102.1
, as last amended by Laws of Utah 2018, Chapter 281
19-6-104
, as last amended by Laws of Utah 2019, Chapter 152
19-6-105
, as last amended by Laws of Utah 2018, Chapter 281
19-6-107
, as last amended by Laws of Utah 2015, Chapter 451
19-6-108
, as last amended by Laws of Utah 2019, Chapter 152
19-6-114
, as renumbered and amended by Laws of Utah 1991, Chapter 112
19-6-120
, as last amended by Laws of Utah 2012, Chapter 360
19-6-326
, as last amended by Laws of Utah 2008, Chapter 382
19-6-502
, as last amended by Laws of Utah 2019, Chapter 152
ENACTS:
19-3-103.1
, Utah Code Annotated 1953
19-3-108.1
, Utah Code Annotated 1953
19-6-721.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-1-106
 is amended to read:
19-1-106.
Boards within department.
(1) The following policymaking boards are created within the department:
(a) the Air Quality Board, appointed under Section 
19-2-103
;
(b) the Drinking Water Board, appointed under Section 
19-4-103
;
(c) the Water Quality Board, appointed under Section 
19-5-103
; and
(d) the Waste Management and Radiation Control Board, appointed under Section
[
19-6-104
] 
19-6-103
.
(2) The authority of the boards created in Subsection (1) is limited to the specific
authority granted them under this title.
Section 2. Section 
19-1-201
 is amended to read:
19-1-201.
Powers and duties of department -- Rulemaking authority --
Committee -- Monitoring environmental impacts of inland port.
(1) The department shall:
(a) enter into cooperative agreements with the Department of Health to delineate
specific responsibilities to assure that assessment and management of risk to human health
from the environment are properly administered;
(b) consult with the Department of Health and enter into cooperative agreements, as
needed, to ensure efficient use of resources and effective response to potential health and safety
threats from the environment, and to prevent gaps in protection from potential risks from the
environment to specific individuals or population groups;
(c) coordinate implementation of environmental programs to maximize efficient use of
resources by developing, in consultation with local health departments, a Comprehensive
Environmental Service Delivery Plan that:
(i) recognizes that the department and local health departments are the foundation for
providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually;
(d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, as follows:
(i) for a board created in Section 
19-1-106
, rules regarding:
(A) board meeting attendance; and
(B) conflicts of interest procedures; and
(ii) procedural rules that govern:
(A) an adjudicative proceeding, consistent with Section 
19-1-301
; and
(B) a special adjudicative proceeding, consistent with Section 
19-1-301.5
; [
and
]
(e) ensure that [
any
] training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department[
.
]
; and
(f) subject to Subsection (2), establish annual fees that conform with Title V of the
Clean Air Act for each regulated pollutant as defined in Section 
19-2-109.1
, applicable to a
source subject to the Title V program.
(2) (a) A fee established under Subsection (1)(f) is in addition to a fee assessed under
Subsection (6)(i) for issuance of an approval order.
(b) In establishing a fee under Subsection (1)(f), the department shall comply with
Section 
63J-1-504
 that requires a public hearing and requires the established fee to be
submitted to the Legislature for the Legislature's approval as part of the department's annual
appropriations request.
(c) A fee established under this section shall cover the reasonable direct and indirect
costs required to develop and administer the Title V program and the small business assistance
program established under Section 
19-2-109.2
.
(d) A fee established under Subsection (1)(f) shall be established for all sources subject
to the Title V program and for all regulated pollutants.
(e) An emission fee may not be assessed for a regulated pollutant if the emissions are
already accounted for within the emissions of another regulated pollutant.
(f) An emission fee may not be assessed for any amount of a regulated pollutant
emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
(g) An emission fee shall be based on actual emissions for a regulated pollutant unless
a source elects, before the issuance or renewal of a permit, to base the fee during the period of
the permit on allowable emissions for that regulated pollutant.
(h) The fees collected by the department under Subsection (1)(f) and penalties
collected under Subsection 
19-2-109.1
(4) shall be deposited into the General Fund as the Air
Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable
direct and indirect costs incurred by the department in developing and administering the
program and the small business assistance program under Section 
19-2-109.2
.
[
(2)
] 
(3)
 The department shall establish a committee that consists of:
(a) the executive director or the executive director's designee;
(b) two representatives of the department appointed by the executive director; and
(c) three representatives of local health departments appointed by a group of all the
local health departments in the state.
[
(3)
] 
(4)
 The committee established in Subsection [
(2)
] 
(3)
 shall:
(a) review the allocation of environmental quality resources between the department
and the local health departments;
(b) evaluate department policies that affect local health departments;
(c) consider policy changes proposed by the department or by local health departments;
(d) coordinate the implementation of environmental quality programs to maximize
environmental quality resources; and
(e) review each department application for any grant from the federal government that
affects a local health department before the department submits the application.
[
(4)
] 
(5)
 The committee shall create bylaws to govern the committee's operations.
[
(5)
] 
(6)
 The department may:
(a) investigate matters affecting the environment;
(b) investigate and control matters affecting the public health when caused by
environmental hazards;
(c) prepare, publish, and disseminate information to inform the public concerning
issues involving environmental quality;
(d) establish and operate programs, as authorized by this title, necessary for protection
of the environment and public health from environmental hazards;
(e) use local health departments in the delivery of environmental health programs to
the extent provided by law;
(f) enter into contracts with local health departments or others to meet responsibilities
established under this title;
(g) acquire real and personal property by purchase, gift, devise, and other lawful
means;
(h) prepare and submit to the governor a proposed budget to be included in the budget
submitted by the governor to the Legislature;
[
(i) (i) establish a schedule of fees that may be assessed for actions and services of the
department according to the procedures and requirements of Section 
63J-1-504
; and
]
[
(ii) in accordance with Section 
63J-1-504
, all fees shall be reasonable, fair, and reflect
the cost of services provided;
]
(i) in accordance with Section 
63J-1-504
, establish a schedule of fees that may be
assessed for actions and services of the department that are reasonable, fair, and reflect the cost
of services provided;
(j) for an owner or operator of a source subject to a fee established by Subsection (6)(i)
who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in addition to
the fee, plus interest on the fee computed at 12% annually;
[
(j)
] 
(k)
 prescribe by rule reasonable requirements not inconsistent with law relating to
environmental quality for local health departments;
[
(k)
] 
(l)
 perform the administrative functions of the boards established by Section
19-1-106
, including the acceptance and administration of grants from the federal government
and from other sources, public or private, to carry out the board's functions;
[
(l)
] 
(m)
 upon the request of [
any
] 
a
 board or a division director, provide professional,
technical, and clerical staff and field and laboratory services, the extent of which are limited by
the [
funds
] 
money
 available to the department for the staff and services; and
[
(m)
] 
(n)
 establish a supplementary fee, not subject to Section 
63J-1-504
, to provide
service that the person paying the fee agrees by contract to be charged for the service [
in order
]
to efficiently [
utilize
] 
use
 department resources, protect department permitting processes,
address extraordinary or unanticipated stress on permitting processes, or make use of
specialized expertise.
[
(6)
] 
(7)
 In providing service under Subsection [
(5)(m)
] 
(6)(n)
, the department may not
provide service in a manner that impairs [
any other
] 
another
 person's service from the
department.
[
(7)
] 
(8)
 (a) As used in this Subsection [
(7)
] 
(8)
:
(i) "Environmental impacts" means:
(A) impacts on air quality, including impacts associated with air emissions; and
(B) impacts on water quality, including impacts associated with storm water runoff.
(ii) "Inland port" means the same as that term is defined in Section 
11-58-102
.
(iii) "Inland port area" means the area in and around the inland port that bears the
environmental impacts of destruction, construction, development, and operational activities
within the inland port.
(iv) "Monitoring facilities" means:
(A) for monitoring air quality, a sensor system consisting of monitors to measure levels
of research-grade particulate matter, ozone, and oxides of nitrogen, and data logging equipment
with internal data storage [
which
] 
that
 are interconnected at all times to capture air quality
readings and store data; and
(B) for monitoring water quality, facilities to collect groundwater samples, including in
existing conveyances and outfalls, to evaluate sediment, metals, organics, and nutrients due to
storm water.
(b) The department shall:
(i) develop and implement a sampling and analysis plan to:
(A) characterize the environmental baseline for air quality and water quality in the
inland port area;
(B) characterize the environmental baseline for only air quality for the Salt Lake
International Airport; and
(C) define the frequency, parameters, and locations for monitoring;
(ii) establish and maintain monitoring facilities to measure the environmental impacts
in the inland port area arising from destruction, construction, development, and operational
activities within the inland port;
(iii) publish the monitoring data on the department's website; and
(iv) provide at least annually before November 30 a written report summarizing the
monitoring data to:
(A) the Utah Inland Port Authority board, established under Title 11, Chapter 58, Part
3, Port Authority Board; and
(B) the Legislative Management Committee.
Section 3. Section 
19-2-108
 is amended to read:
19-2-108.
Notice of construction or modification of installations required --
Authority of director to prohibit construction -- Hearings -- Limitations on authority of
director -- Inspections authorized.
(1) Notice shall be given to the director by a person planning to
:
(a)
 construct a new installation [
which
] 
that
 will or might reasonably be expected to be
a source or indirect source of air pollution [
or to
]
;
(b)
 make modifications to an existing installation [
which
] 
that
 will or might reasonably
be expected to increase the amount of or change the character or effect of air pollutants
discharged, so that the installation may be expected to be a source or indirect source of air
pollution[
,
]
;
 or [
by a person planning to
]
(c)
 install an air cleaning device or other equipment intended to control emission of air
pollutants.
(2) A person may not operate a source of air pollution required to have a permit by a
rule adopted under Section 
19-2-104
 or 
19-2-107
 without having obtained a permit from the
director under procedures the board establishes by rule.
[
(2)
] 
(3)
 (a) The director may require, as a condition precedent to the construction,
modification, installation, or establishment of the air pollutant source or indirect source, the
submission of plans, specifications, and other information as [
he
] 
the director
 finds necessary
to determine whether the proposed construction, modification, installation, or establishment
will be in accord with applicable rules in force under this chapter
, and the payment of a new
source review fee established under Subsection 
19-1-201
(6)(i)
.
(b) If within 90 days after the receipt of plans, specifications, or other information
required under this [
subsection
] 
Subsection (3)
, the director determines that the proposed
construction, installation, or establishment or any part of it will not be in accord with the
requirements of this chapter or applicable rules or that further time, not exceeding three
extensions of 30 days each, is required by the director to adequately review the plans,
specifications, or other information, [
he
] 
the director
 shall issue an order prohibiting the
construction, installation, or establishment of the air pollutant source or sources in whole or in
part.
[
(3)
] 
(4)
 In addition to any other remedies but [
prior to
] 
before
 invoking any [
such
]
other remedies, a person aggrieved by the issuance of an order either granting or denying a
request for the construction of a new installation, [
shall,
] upon request, in accordance with the
rules of the department, [
be
] 
is
 entitled to a special adjudicative proceeding conducted by an
administrative law judge as provided by Section 
19-1-301.5
.
[
(4) Any features, machines, and devices constituting parts of
] 
(5) A feature, machine,
or device constituting a part of
 or called for by plans, specifications, or other information
submitted under Subsection (1) shall be maintained in good working order.
[
(5)
] 
(6)
 This section does not authorize the director to require the use of machinery,
devices, or equipment from a particular supplier or produced by a particular manufacturer if the
required performance standards may be met by machinery, devices, or equipment otherwise
available.
[
(6)
] 
(7)
 (a) An authorized officer, employee, or representative of the director may enter
and inspect [
any
] 
a
 property, premise, or place on or at which an air pollutant source is located
or is being constructed, modified, installed, or established at [
any
] 
a
 reasonable time for the
purpose of ascertaining the state of compliance with this chapter and the rules adopted under
[
it
] 
this chapter
.
(b) (i) A person may not refuse entry or access to an authorized representative of the
director who requests entry for purposes of inspection and who presents appropriate
credentials.
(ii) A person may not obstruct, hamper, or interfere with an inspection.
(c) If requested, the owner or operator of the premises shall receive a report setting
forth [
all
] 
the
 facts found [
which
] 
that
 relate to compliance status.
Section 4. Section 
19-2-109.1
 is amended to read:
19-2-109.1.
Operating permit required -- Emissions fee -- Implementation.
(1) As used in this section and Sections 
19-2-109.2
 and 
19-2-109.3
:
(a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(b) "EPA" means the federal Environmental Protection Agency.
(c) "Operating permit" means a permit issued by the director to sources of air pollution
that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
(d) "Program" means the air pollution operating permit program established under this
section to comply with Title V of the 1990 Clean Air Act.
(e) "Regulated pollutant" means the same as that term is defined in Title V of the 1990
Clean Air Act and implementing federal regulations.
(2) A person may not operate a source of air pollution required to have a permit under
Title V of the 1990 Clean Air Act without having obtained an operating permit from the
director under procedures the board establishes by rule.
(3) (a) Operating permits issued under this section shall be for a period of five years
unless the director makes a written finding, after public comment and hearing, and based on
substantial evidence in the record, that an operating permit term of less than five years is
necessary to protect the public health and the environment of the state.
(b) The director may issue, modify, or renew an operating permit only after providing
public notice, an opportunity for public comment, and an opportunity for a public hearing.
(c) The director shall, in conformity with the 1990 Clean Air Act and implementing
federal regulations, revise the conditions of issued operating permits to incorporate applicable
federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the
remaining period of the permit is three or more years.
(d) The director may terminate, modify, revoke, or reissue an operating permit for
cause.
[
(4) (a) The board shall establish a proposed annual emissions fee that conforms with
Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
required to obtain a permit. The emissions fee established under this section is in addition to
fees assessed under Section 
19-2-108
 for issuance of an approval order.
]
[
(b) In establishing the fee the board shall comply with the provisions of Section
63J-1-504
 that require a public hearing and require the established fee to be submitted to the
Legislature for its approval as part of the department's annual appropriations request.
]
[
(c) The fee shall cover all reasonable direct and indirect costs required to develop and
administer the program and the small business assistance program established under Section
19-2-109.2
. The director shall prepare an annual report of the emissions fees collected and the
costs covered by those fees under this Subsection (4).
]
[
(d) The fee shall be established uniformly for all sources required to obtain an
operating permit under the program and for all regulated pollutants.
]
[
(e) The fee may not be assessed for emissions of any regulated pollutant if the
emissions are already accounted for within the emissions of another regulated pollutant.
]
[
(f) An emissions fee may not be assessed for any amount of a regulated pollutant
emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
]
[
(5) Emissions fees shall be based on actual emissions for a regulated pollutant unless a
source elects, prior to the issuance or renewal of a permit, to base the fee during the period of
the permit on allowable emissions for that regulated pollutant.
]
[
(6)
] 
(4)
 If the owner or operator of a source subject to this section fails to timely pay
[
an annual emissions
] 
a
 fee 
established under Subsection 
19-1-201
(1)(f)
, the director may:
(a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
interest on the fee computed at 12% annually; or
(b) revoke the operating permit.
[
(7)
] 
(5)
 The owner or operator of a source subject to this section may contest [
an
emissions
] 
a
 fee assessment or associated penalty in an adjudicative hearing under the Title
63G, Chapter 4, Administrative Procedures Act, and Section 
19-1-301
, as provided in this
Subsection [
(7)
] 
(5)
.
(a) The owner or operator shall pay the fee under protest [
prior to
] 
before
 being entitled
to a hearing. Payment of [
an emissions
] 
a
 fee or penalty under protest is not a waiver of the
right to contest the fee or penalty under this section.
(b) A request for a hearing under this Subsection [
(7)
] 
(5)
 shall be made after payment
of the [
emissions
] fee and within six months after the [
emissions
] fee was due.
[
(8)
] 
(6)
 To reinstate an operating permit revoked under Subsection [
(6)
] 
(4)
 the owner
or operator shall pay [
all
] 
the
 outstanding [
emissions
] fees, a penalty of not more than 50% of
[
all
] outstanding fees, and interest on the outstanding [
emissions
] fees computed at 12%
annually.
[
(9) All emissions fees and penalties collected by the department under this section
shall be deposited in the General Fund as the Air Pollution Operating Permit Program
dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
the department in developing and administering the program and the small business assistance
program under Section 
19-2-109.2
.
]
[
(10)
] 
(7)
 Failure of the director to act on an operating permit application or renewal is
a final administrative action only for the purpose of obtaining judicial review by any of the
following persons to require the director to take action on the permit or [
its
] 
the permit's
renewal without additional delay:
(a) the applicant;
(b) a person who participated in the public comment process; or
(c) a person who could obtain judicial review of that action under applicable law.
Section 5. Section 
19-3-103.1
 is enacted to read:
 19-3-103.1.
Board authority and duties under this part.
(1) The board may:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that are necessary to implement this part;
(b) (i) hold a hearing that is not an adjudicative proceeding; or
(ii) appoint a hearing officer to conduct a hearing that is not an adjudicative
proceeding;
(c) accept, receive, and administer grants or other money or gifts from public and
private agencies, including the federal government, for the purpose of carrying out any function
of this chapter;
(d) order the director to impound radioactive material in accordance with Section
19-3-111
; or
(e) advise, consult, cooperate with, or provide technical assistance to another agency of
the state or federal government, another state, an interstate agency, an affected group, an
affected political subdivision, an affected industry, or other person in carrying out the purposes
of this part.
(2) The board shall:
(a) promote the planning and application of pollution prevention and radioactive waste
minimization measures to prevent the unnecessary waste and depletion of natural resources;
(b) to ensure compliance with applicable statutes and rules:
(i) review a settlement negotiated by the director in accordance with Subsection
19-3-108.1
(2)(c) that requires a civil penalty equal to or greater than $25,000; and
(ii) approve or disapprove the settlement described in Subsection (2)(b)(i);
(c) review the qualifications of, and issue certificates of approval to, individuals who:
(i) survey mammography equipment; or
(ii) oversee quality assurance practices at mammography facilities.
(3) The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under Section 
19-3-108.1
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
Section 6. Section 
19-3-108.1
 is enacted to read:
 19-3-108.1.
Powers and duties of director.
(1) The director shall, in connection with this chapter and rules of the board adopted
under this part:
(a) develop programs to promote and protect the public from radiation sources in the
state;
(b) advise, consult, cooperate with, and provide technical assistance to another agency,
a state, the federal government, a political subdivision, an industry, or another person in
carrying out this part;
(c) receive specifications or other information relating to a licensing application for
radioactive material or registration of a radiation source for review, approval, disapproval, or
termination;
(d) issue a permit, license, registration, certification, or other administrative
authorization;
(e) review and approve a plan;
(f) assess a penalty in accordance with Section 
19-3-109
;
(g) impound radioactive material under Section 
19-3-111
;
(h) issue an order necessary to enforce this part;
(i) enforce an order by an appropriate administrative and judicial proceeding; and
(j) institute a judicial proceeding to secure compliance with this part.
(2) The director may:
(a) cooperate with any person in studies, research, or demonstration projects regarding
radioactive waste management or control of radiation sources;
(b) employ employees as may be reasonably necessary to carry out this part;
(c) subject to Subsection 
19-3-103.1
(2)(b), settle or compromise any administrative or
civil action initiated to compel compliance with this part and rules adopted under this part; and
(d) authorize employees or representatives of the department to enter, at reasonable
times and upon reasonable notice, in and upon public or private property for the purpose of
inspecting and investigating conditions and records concerning radiation sources and as
otherwise authorized by this part.
Section 7. Section 
19-4-104
 is amended to read:
19-4-104.
Powers of board.
(1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(i) establishing standards that prescribe the maximum contaminant levels in [
any
] 
a
public water system and provide for monitoring, record-keeping, and reporting of water quality
related matters;
(ii) governing design, construction, operation, and maintenance of public water
systems;
(iii) granting variances and exemptions to the requirements established under this
chapter that are not less stringent than those allowed under federal law;
(iv) protecting watersheds and water sources used for public water systems;
(v) governing capacity development in compliance with Section 1420 of the federal
Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and
(vi) for a community water system failing to comply with the reporting requirements
under Subsections (1)(c)(iv) and (v):
(A) establishing fines and penalties, including posting on the division's web page those
community water systems that fail to comply with the reporting requirements; and
(B) allowing a community water system, in lieu of penalties established under
Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the [
division
] 
director
that requires compliance and establishes a compliance schedule approved by the director.
(b) The board may:
[
(i) order the director to:
]
[
(A) issue orders necessary to enforce the provisions of this chapter;
]
[
(B) enforce the orders by appropriate administrative and judicial proceedings; or
]
[
(C) institute judicial proceedings to secure compliance with this chapter;
]
[
(ii) (A)
] 
(i)
 hold a hearing that is not an adjudicative proceeding relating to 
an aspect
of, or matter in,
 the administration of this chapter; [
or
]
[
(B)
] 
(ii)
 appoint 
a
 hearing [
officers
] 
officer
 to conduct a hearing that is not an
adjudicative proceeding; [
or
]
(iii) recommend that the director:
(A) issue an order necessary to enforce this chapter;
(B) enforce an order by appropriate administrative and judicial proceedings;
(C) institute a judicial proceeding to secure compliance with this chapter; or
(D) advise, consult, contract, and cooperate with another agency of the state, a local
government, an industry, another state, an interstate or interlocal agency, the federal
government, or an interested person; or
[
(iii)
] 
(iv)
 request and accept financial assistance from other public agencies, private
entities, and the federal government to carry out the purposes of this chapter.
(c) The board shall:
(i) require the submission to the director of plans and specifications for construction of,
substantial addition to, or alteration of public water systems for review and approval by the
[
board
] 
director
 before that action begins and require any modifications or impose any
conditions that may be necessary to carry out the purposes of this chapter;
(ii) advise, consult, cooperate with, provide technical assistance to, and enter into
agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
municipalities, local health departments, educational institutions, and others necessary to carry
out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
local jurisdictions;
(iii) develop and implement an emergency plan to protect the public when declining
drinking water quality or quantity creates a serious health risk and issue emergency orders if a
health risk is imminent;
(iv) require a community water system serving a population of 500 or more to annually
collect accurate water use data, described in Subsection [
(6)
]
(7)
, and annually report that data
to the Division of Water Rights;
(v) require a certified operator, or a professional engineer performing the duties of a
certified water operator, to verify by certification or license number the accuracy of water use
data reported by a public water system, including the data required from a community water
system under Subsection (1)(c)(iv); [
and
]
(vi) meet the requirements of federal law related or pertaining to drinking water[
.
]
; and
(vii) to ensure compliance with applicable statutes and rules:
(A) review a settlement negotiated by the director in accordance with Subsection
19-4-109
(3) that requires a civil penalty equal to or greater than $25,000; and
(B) approve or disapprove the settlement described in Subsection (1)(c)(vii)(A).
(2) (a) The board may adopt [
and enforce
] standards and establish fees for certification
of operators of [
any
] 
a
 public water system.
(b) The board may not require certification of operators for a water system serving a
population of 800 or less except:
(i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
Water Act, 42 U.S.C. Sec. 300f et seq.; and
(ii) for a system that is required to treat its drinking water.
(c) The certification program shall be funded from certification and renewal fees.
(3) Routine extensions or repairs of existing public water systems that comply with the
rules and do not alter the 
public water
 system's ability to provide an adequate supply of water
are exempt from [
the provisions of
] Subsection (1)(c)(i).
(4) (a) The board may adopt [
and enforce
] standards and establish fees for certification
of persons engaged in administering cross connection control programs or backflow prevention
assembly training, repair, and maintenance testing.
(b) The certification program shall be funded from certification and renewal fees.
(5) The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under this chapter:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certificate; or
(e) another administrative authorization made by the director.
[
(5)
] 
(6)
 A board member may not speak or act for the board unless the board member
is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
[
(6)
] 
(7)
 (a) The water use data required to be collected in Subsection (1)(c)(iv) shall
include peak day source demand, average annual demand, the number of equivalent residential
connections for retail service, and the quantity of non-revenue water.
(b) The division may, by rule, establish:
(i) other types of water use data required to be collected in addition to that listed in
Subsection [
(6)
] 
(7)
(a); and
(ii) alternative methods for calculating the water use data listed in Subsection [
(6)
]
(7)
(a).
Section 8. Section 
19-4-106
 is amended to read:
19-4-106.
Director -- Appointment -- Authority.
(1) The executive director shall appoint the director. The director shall serve under the
administrative direction of the executive director.
(2) The director shall:
(a) develop programs to promote and protect the quality of the public drinking water
supplies of the state;
(b) advise, consult, and cooperate with other agencies of this and other states, the
federal government, and with other groups, political subdivisions, and industries in furtherance
of the purpose of this chapter;
(c) review plans, specifications, and other data pertinent to proposed or expanded water
supply systems to ensure proper design and construction; and
(d) subject to the provisions of this chapter, enforce rules made by the board through
the issuance of orders [
which
] 
that
 may be subsequently revoked, which [
rules
] 
orders
 may
require:
(i) discontinuance of use of unsatisfactory sources of drinking water;
(ii) suppliers to notify the public concerning the need to boil water; or
(iii) suppliers in accordance with existing rules, to take remedial actions necessary to
protect or improve an existing water system; and
(e) as authorized by the board and subject to the provisions of this chapter, act as
executive secretary of the board under the direction of the [
chairman
] 
chair
 of the board.
(3) The director may authorize employees or agents of the department, after reasonable
notice and presentation of credentials, to enter any part of a public water system at reasonable
times to inspect the facilities and water quality records required by board rules, conduct
sanitary surveys, take samples, and investigate the standard of operation and service delivered
by public water systems.
(4) As provided in this chapter and in accordance with rules made by the board:
(a) the director may issue and enforce a notice of violation and an administrative order;
and
(b) the director may assess and make a demand for payment of an administrative
penalty arising from a violation of this chapter, a rule or order issued under the authority of this
chapter, or the terms of a permit or other administrative authorization issued under the
authority of this chapter.
Section 9. Section 
19-4-107
 is amended to read:
19-4-107.
Notice of violation -- Action by attorney general.
(1) Upon discovery of any violation of 
this chapter or
 a rule [
or order
] of the board,
[
the board or
] the director shall promptly notify the supplier of the violation, state the nature of
the violation, and issue an order requiring correction of that violation or the filing of a request
for variance or exemption by a specific date.
(2) The attorney general shall, upon request of the director, commence an action for an
injunction or other relief relative to the order.
Section 10. Section 
19-4-109
 is amended to read:
19-4-109.
Violations -- Penalties -- Reimbursement for expenses.
[
(1) Any person that violates any rule or order made or issued pursuant to this chapter
is subject to a civil penalty of not more than $1,000 per day for each day of violation. The
board may assess and make a demand for payment of a penalty under this section by directing
the director to issue a notice of agency action under Title 63G, Chapter 4, Administrative
Procedures Act.
]
(1) As used in this section, "criminal negligence" means the same as that term is
defined in Section 
76-2-103
.
(2) (a) A person who violates this chapter, a rule or order issued under the authority of
this chapter, or the terms of a permit or other administrative authorization issued under the
authority of this chapter is subject to an administrative penalty:
(i) not to exceed $1,000 per day per violation, with respect to a public water system
serving a population of less than 10,000 individuals; or
(ii) exactly $1,000 per day per violation, with respect to a public water system serving
a population of more than 10,000 individuals.
(b) In all cases, each day of violation is considered a separate violation.
(3) The director may assess and make a demand for payment of an administrative
penalty under this section and may compromise or settle that penalty.
(4) To make a demand for payment of an administrative penalty assessed under this
section, the director shall issue a notice of agency action, specifying, in addition to the
requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative
Procedures Act:
(a) the date, facts, and nature of each act or omission charged;
(b) the provision of the statute, rule, order, permit, or administrative authorization that
is alleged to have been violated;
(c) each penalty that the director proposes to assess, together with the amount and date
of effect of that penalty; and
(d) that failure to pay the penalty or respond may result in a civil action for collection.
(5) A person notified according to Subsection (4) may request an adjudicative
proceeding.
(6) Upon request by the director, the attorney general may institute a civil action to
collect a penalty assessed under this section.
[
(2)
] 
(7)
 (a) [
Any
] 
A
 person [
that willfully
] 
who, with criminal negligence,
 violates any
rule or order made or issued pursuant to this chapter, or [
that willfully
] 
with criminal
negligence
 fails to take [
any
] corrective action required by [
such
] an order, is guilty of a class B
misdemeanor and subject to a fine of not more than $5,000 per day for each day of violation.
(b) In addition, the person is subject, in a civil proceeding, to a penalty of not more
than $5,000 per day for each day of violation.
(8) (a) The director may bring a civil action for appropriate relief, including a
permanent or temporary injunction, for a violation for which the director is authorized to issue
a compliance order under Section 
19-4-107
.
(b) The director shall bring an action under this Subsection (8) in the district court
where the violation occurs.
(9) (a) The attorney general is the legal advisor for the board and the director and shall
defend them in an action or proceeding brought against the board or director.
(b) The county attorney or district attorney, as appropriate under Section 
17-18a-202
 or
17-18a-203
, in the county in which a cause of action arises, shall bring an action, civil or
criminal, requested by the director, to abate a condition that exists in violation of, or to
prosecute for the violation of, or to enforce the laws or the standards, orders, and rules of the
board or the director issued under this chapter.
(c) The director may initiate action under this section and be represented by the
attorney general.
(10) If a person fails to comply with a cease and desist order that is not subject to a stay
pending administrative or judicial review, the director may initiate an action for and be entitled
to injunctive relief to prevent further or continued violation of the order.
(11) A bond may not be required for injunctive relief under this chapter.
[
(3)
] 
(12)
 (a) Except as provided in Subsection [
(3)
] 
(12)
(b), [
all penalties
] 
a penalty
assessed and collected under the authority of this section shall be deposited [
in
] 
into
 the
General Fund.
(b) The department may reimburse itself and local governments from money collected
from civil penalties for extraordinary expenses incurred in environmental enforcement
activities.
(c) The department shall regulate reimbursements by making rules that 
define
:
(i) [
define
] qualifying environmental enforcement activities; and
(ii) [
define
] qualifying extraordinary expenses.
Section 11. Section 
19-4-114
 is amended to read:
19-4-114.
Source and storage minimum sizing requirements for public water
systems.
(1) (a) Except as provided in Subsection (1)(b) [
and
]
,
 upon submission of plans for a
substantial addition to or alteration of a community water system, the director shall establish
system-specific source and storage minimum sizing requirements for a community water
system serving a population of more than 3,300 based on at least the most recent three years of
a community water system's actual water use data submitted in accordance with Subsections
19-4-104
(1)(c)(iv) and (v).
(b) If the water use data required under Subsection 
19-4-104
(1)(c)(iv) is not available
to the division, or if the community water system determines that the data submitted does not
represent future system use, the director may establish source and storage minimum sizing
requirements for the community water system based on:
(i) an engineering study submitted by the community water system and accepted by the
director; or
(ii) at least three years of historical water use data that is:
(A) submitted by the community water system; and
(B) accepted by the director.
(c) A community water system serving a population of more than 3,300 shall provide
the information necessary to establish the system-specific standards described in this
Subsection (1) by no later than March 1, 2019.
(2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b),
the director shall establish system-specific source and storage minimum sizing requirements for
a community water system serving a population of between 500 and no more than 3,300 based
on at least the most recent three years of a community water system's actual water use data
submitted in accordance with Subsections 
19-4-104
(1)(c)(iv) and (v).
(b) If the water use data required under Subsection 
19-4-104
(1)(c)(iv) is not available
to the division, or if the community water system determines that the data submitted does not
represent future system use, the director may establish source and storage minimum sizing
requirements for the community water system based on:
(i) an engineering study submitted by the community water system and accepted by the
director; or
(ii) at least three years of historical water use data that is:
(A) submitted by the community water system; and
(B) accepted by the director.
(c) A community water system serving a population of between 500 and no more than
3,300 shall provide the information necessary to establish system-specific standards described
in this Subsection (2) by no later than March 1, 2023.
(3) The director shall establish system-specific source and storage minimum sizing
requirements for a community water system serving a population of fewer than 500 based on:
(a) at least the most recent three years of a community water system's actual water use
data submitted to the division and accepted by the director;
(b) an engineering study submitted by the community water system and accepted by the
director;
(c) standards, comparable to those of established community water systems, as
determined by the director; or
(d) relevant information, as determined by the director.
(4) The director shall:
(a) for community water systems described in Subsection (3), establish a schedule to
transition from statewide sizing standards to system-specific standards;
(b) establish minimum sizing standards for public water systems that are not
community water systems;
(c) provide for the routine evaluation of changes to the system-specific standards; and
(d) include, as part of system-specific standards, necessary fire storage capacity in
accordance with the state fire code adopted under Section 
15A-1-403
 and as determined by the
local fire code official.
(5) The director may adjust system-specific sizing standards, established under this
section for a public water system, based on information submitted by the public water system
addressing the effect of any wholesale water deliveries or other system-specific conditions
affecting infrastructure needs.
(6) A wholesale water supplier is exempt from this section if the wholesale water
supplier serves:
(a) a total population of more than 10,000; and
(b) a wholesale population that is 75% or more of the total population served.
Section 12. Section 
19-5-102
 is amended to read:
19-5-102.
Definitions.
As used in this chapter:
(1) "Agriculture discharge":
(a) means the release of agriculture water from the property of a farm, ranch, or feed lot
that:
(i) pollutes a 
Ŝ→ [
[
] ←Ŝ
 surface body of water, including a stream, lake, pond, marshland,
watercourse, waterway, river, ditch, and other water conveyance system of the state;
712a (ii)
pollutes the ground water of the state 
Ŝ→ [
] 
water of the state
] ←Ŝ
; or
Ŝ→ [
[
] ←Ŝ
 (iii) 
Ŝ→ [
] 
(ii)
] ←Ŝ
constitutes a significant nuisance on urban land; and
(b) does not include:
(i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land
that is not part of a 
Ŝ→ [
[
] ←Ŝ
 body of 
Ŝ→ [
]
] ←Ŝ
 water 
Ŝ→ [
of the state
] ←Ŝ
; or
(ii) a release into a normally dry water conveyance [
to an active body of water
], unless
the release reaches 
Ŝ→ [
[
] ←Ŝ
 the water of a lake, pond, stream, marshland, river, or other active body
719a of 
Ŝ→ [
]
a
] ←Ŝ
 water 
Ŝ→ [
of the state
] ←Ŝ
.
(2) "Agriculture water" means:
(a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
(b) return flows from irrigated agriculture; and
(c) agricultural storm water runoff.
(3) "Board" means the Water Quality Board created in Section 
19-1-106
.
(4) "Commission" means the Conservation Commission, created in Section 
4-18-104
.
(5) "Contaminant" means [
any
] 
a
 physical, chemical, biological, or radiological
substance or matter in water.
(6) "Director" means the director of the Division of Water Quality or, for purposes of
groundwater quality at a facility licensed by and under the jurisdiction of the Division of 
Waste Management and Radiation Control, the director of the Division of Waste Management
and Radiation Control.
(7) "Discharge" means the addition of [
any
] 
a
 pollutant to [
any
] waters of the state.
(8) "Discharge permit" means a permit issued to a person who:
(a) discharges or whose activities would probably result in a discharge of pollutants
into the waters of the state; or
(b) generates or manages sewage sludge.
(9) "Disposal system" means a system for disposing of wastes and includes sewerage
systems and treatment works.
(10) "Division" means the Division of Water Quality, created in Subsection
19-1-105
(1)(e).
(11) "Effluent limitations" means [
any
] restrictions, requirements, or prohibitions,
including schedules of compliance established under this chapter, [
which
] 
that
 apply to
discharges.
(12) "Point source":
(a) means [
any
] discernible, confined, and discrete conveyance, including [
any
] 
a
 pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
discharged; and
(b) does not include return flows from irrigated agriculture.
(13) "Pollution" means [
any
] 
a
 man-made or man-induced alteration of the chemical,
physical, biological, or radiological integrity of [
any
] waters of the state, unless the alteration is
necessary for the public health and safety.
(14) "Publicly owned treatment works" means [
any
] 
a
 facility for the treatment of
pollutants owned by the state, its political subdivisions, or other public entity.
(15) "Schedule of compliance" means a schedule of remedial measures, including an
enforceable sequence of actions or operations leading to compliance with this chapter.
(16) "Sewage sludge" means [
any
] solid, semisolid, or liquid residue removed during
the treatment of municipal wastewater or domestic sewage.
(17) "Sewerage system" means pipelines or conduits, pumping stations, and [
all
] other
constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to
a point of ultimate disposal.
(18) "Total maximum daily load" means a calculation of the maximum amount of a
pollutant that a body of water can receive and still meet water quality standards.
(19) "Treatment works" means [
any
] 
a
 plant, disposal field, lagoon, dam, pumping
station, incinerator, or other works used for the purpose of treating, stabilizing, or holding
wastes.
(20) "Underground injection" means the subsurface emplacement of fluids by well
injection.
(21) "Underground wastewater disposal system" means a system for [
disposing
]
underground disposal
 of domestic wastewater discharges as defined by the board and the
executive director.
(22) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
municipal, and agricultural waste discharged into water.
(23) "Waters of the state":
(a) means [
all
] streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, irrigation systems, drainage systems, and all other bodies or accumulations of water,
surface and underground, natural or artificial, public or private, [
which
] 
that
 are contained
within, flow through, or border upon this state or any portion of the state; and
(b) does not include bodies of water confined to and retained within the limits of
private property, and [
which
] 
that
 do not develop into or constitute a nuisance, a public health
hazard, or a menace to fish or wildlife.
Section 13. Section 
19-5-104
 is amended to read:
19-5-104.
Powers and duties of board.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board may make rules that:
(a) taking into account Subsection (6):
(i) implement the awarding of construction loans to political subdivisions and
municipal authorities under Section 
11-8-2
, including:
(A) requirements pertaining to applications for [
loans
] 
a loan
;
(B) requirements for determination of 
an
 eligible [
projects
] 
project
;
(C) requirements for determination of the costs upon which [
loans are
] 
a loan is
 based,
which costs may include engineering, financial, legal, and administrative expenses necessary
for the construction, reconstruction, and improvement of 
a
 sewage treatment [
plants
] 
plant
,
including 
a
 major [
interceptors, collection systems, and other facilities
] 
interceptor, collection
system, or other facility
 appurtenant to the plant;
(D) a priority schedule for awarding loans, in which the board may consider, in
addition to water pollution control needs, any financial needs relevant, including per capita
cost, in making a determination of priority; and
(E) requirements for determination of the amount of the loan;
(ii) implement the awarding of loans for nonpoint source projects pursuant to Section
73-10c-4.5
;
(iii) set effluent limitations and standards subject to Section 
19-5-116
;
(iv) implement or effectuate the powers and duties of the board; and
(v) protect the public health for the design, construction, operation, and maintenance of
underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
pit privies;
(b) govern inspection, monitoring, recordkeeping, and reporting requirements for
underground injections and require permits for underground injections, to protect drinking
water sources, except for wells, pits, and ponds covered by Section 
40-6-5
 regarding gas and
oil, recognizing that underground injection endangers drinking water sources if:
(i) injection may result in the presence of [
any
] 
a
 contaminant in underground water
that supplies or can reasonably be expected to supply [
any
] 
a
 public water system, as defined in
Section 
19-4-102
; and
(ii) the presence of the contaminant may:
(A) result in the public water system not complying with any national primary drinking
water standards; or
(B) otherwise adversely affect the health of persons;
(c) govern sewage sludge management, including permitting, inspecting, monitoring,
recordkeeping, and reporting requirements; and
(d) notwithstanding [
the provisions of
] Section 
19-4-112
, govern design and
construction of irrigation systems that:
(i) convey sewage treatment facility effluent of human origin in pipelines under
pressure, unless contained in surface pipes wholly on private property and for agricultural
purposes; and
(ii) are constructed after May 4, 1998.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board shall adopt and enforce rules and establish fees to cover the costs of
:
(i) managing the certification and testing program; and
(ii)
 testing for certification of operators of treatment works and sewerage systems
operated by political subdivisions.
(b) In establishing certification rules under Subsection (2)(a), the board shall:
(i) base the requirements for certification on the size, treatment process type, and
complexity of the treatment works and sewerage systems operated by political subdivisions;
(ii) allow operators until three years after the date of adoption of the rules to obtain
initial certification;
(iii) allow a new operator one year from the date the operator is hired by a treatment
plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
later, to obtain certification;
(iv) issue certification upon application and without testing, at a grade level
comparable to the grade of current certification to operators who are currently certified under
the voluntary certification plan for wastewater works operators as recognized by the board; and
(v) issue a certification upon application and without testing that is valid only at the
treatment works or sewerage system where that operator is currently employed if the operator:
(A) is in charge of and responsible for the treatment works or sewerage system on
March 16, 1991;
(B) has been employed at least 10 years in the operation of that treatment works or
sewerage system before March 16, 1991; and
(C) demonstrates to the board the operator's capability to operate the treatment works
or sewerage system at which the operator is currently employed by providing employment
history and references as required by the board.
(3) The board shall:
(a) develop programs for the prevention, control, and abatement of new or existing
pollution of the waters of the state;
(b) adopt, modify, or repeal standards of quality of the waters of the state and classify
those waters according to their reasonable uses in the interest of the public under conditions the
board may prescribe for the prevention, control, and abatement of pollution;
(c) give reasonable consideration in the exercise of its powers and duties to the
economic impact of water pollution control on industry and agriculture;
(d) meet the requirements of federal law related to water pollution;
(e) establish and conduct a continuing planning process for control of water pollution,
including the specification and implementation of maximum daily loads of pollutants;
(f) (i) approve, approve in part, approve with conditions, or deny, in writing, an
application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; 
and
(ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
Reuse Act;
(g) (i) review [
all
] total daily maximum load reports and recommendations for water
quality end points and implementation strategies developed by the division before submission
of the report, recommendation, or implementation strategy to the EPA;
(ii) disapprove, approve, or approve with conditions [
all
] 
the
 staff total daily maximum
load recommendations; and
(iii) provide suggestions for further consideration to the Division of Water Quality in
the event a total daily maximum load strategy is rejected; and
(h) to ensure compliance with applicable statutes and regulations:
(i) review a settlement negotiated by the director in accordance with Subsection
19-5-106
(2)(k) that requires a civil penalty of $25,000 or more; and
(ii) approve or disapprove the settlement 
described in Subsection (3)(h)(i)
.
(4) The board may:
(a) order the director to issue, modify, or revoke [
orders
] 
an order
:
(i) prohibiting or abating discharges;
(ii) 
(A)
 requiring the construction of new treatment works or any parts of [
them, or
] 
the
new treatment works;
 (B)
 requiring the modification, extension, or alteration of existing treatment works as
specified by board rule or any parts of [
them,
] 
existing treatment works;
 or
(C)
 the adoption of other remedial measures to prevent, control, or abate pollution;
(iii) setting standards of water quality, classifying waters or evidencing any other
determination by the board under this chapter; or
(iv) requiring compliance with this chapter and with rules made under this chapter;
(b) advise, consult, and cooperate with [
other agencies
] 
another agency
 of the state, the
federal government, [
other states, or interstate agencies, or with affected groups, political
subdivisions, or industries
] 
another state, an interstate agency, an affected group, an affected
political subdivision, or affected industry
 to further the purposes of this chapter; or
(c) delegate the authority to issue an operating permit to a local health department.
(5) In performing the duties listed in Subsections (1) through (4), the board shall give
priority to pollution that results in a hazard to the public health.
(6) The board shall take into consideration the availability of federal grants:
(a) in determining eligible project costs; and
(b) in establishing priorities pursuant to Subsection (1)(a)(i).
(7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under Section 
19-5-106
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
(8) A board member may not speak or act for the board unless the board member is
authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
Section 14. Section 
19-5-104.5
 is amended to read:
19-5-104.5.
Legislative review and approval.
(1) Before sending a [
board-approved report, strategy, or recommendation that will
recommend a
] total maximum daily load [
end point
] and implementation strategy to the EPA
for review and approval, the Water Quality Board shall submit the [
report, strategy, or
recommendation
] 
total maximum daily load
:
(a) for review to the Natural Resources, Agriculture, and Environment Interim
Committee if the [
report, strategy, or recommendation
] 
total maximum daily load
 will require a
public or private expenditure in excess of $10,000,000 but less than $100,000,000 for
compliance; or
(b) for approval to the Legislature if the [
strategy
] 
total maximum daily load
 will
require a public or private expenditure of $100,000,000 or more.
(2) (a) As used in this Subsection (2):
(i) "Expenditure" means the act of expending funds:
(A) by an individual public facility with a Utah Pollutant Discharge Elimination
System permit, or by a group of private agricultural facilities; and
(B) through an initial capital investment, or through operational costs over a three-year
period.
(ii) "Utah Pollutant Discharge Elimination System" means the state permit system
created in accordance with 33 U.S.C. Sec. 1342.
(b) Before the board adopts a nitrogen or phosphorus rule or standard, the board shall
submit the rule or standard as directed in Subsections (2)(c) and (d).
(c) (i) If compliance with the rule or standard requires an expenditure in excess of
$250,000, but less than $10,000,000, the board shall submit the rule or standard for review to
the Natural Resources, Agriculture, and Environment Interim Committee.
(ii) (A) Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources,
Agriculture, and Environment Interim Committee shall review a rule or standard the board
submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment
Interim Committee's committee meeting immediately following the day on which the board
submits the rule or standard.
(B) If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days
after the day on which the board submits the rule or standard for review, the Natural Resources,
Agriculture, and Environment Interim Committee shall review the rule or standard during the
committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting
immediately following the committee meeting described in Subsection (2)(c)(ii)(A).
(d) If compliance with the rule or standard requires an expenditure of $10,000,000 or
more, the board shall submit the rule or standard for approval to the Legislature.
(e) (i) A facility shall estimate the cost of compliance with a board-proposed rule or
standard described in Subsection (2)(b) using:
(A) an independent, licensed engineer; and
(B) industry-accepted project cost estimate methods.
(ii) The board may evaluate and report on a compliance estimate described in
Subsection (2)(e)(i).
(f) If there is a discrepancy in the estimated cost to comply with a rule or standard, the
Office of 
the 
Legislative Fiscal Analyst shall determine the estimated cost to comply with the
rule or standard.
(3) In reviewing a [
report, strategy, rule, standard, or recommendation
] 
rule or
standard
, the Natural Resources, Agriculture, and Environment Interim Committee may:
(a) consider the impact of the [
report, strategy, rule, standard, or recommendation
] 
rule
or standard
 on:
(i) economic costs and benefit;
(ii) public health; and
(iii) the environment;
(b) suggest additional areas of consideration; or
(c) recommend the [
report, strategy, rule, standard, or recommendation
] 
rule or
standard
 to the board for:
(i) adoption; or
(ii) re-evaluation followed by further review by the [
committee
] 
Natural Resources,
Agriculture, and Environment Interim Committee
.
(4) When the Natural Resources, Agriculture, and Environment Interim Committee
sets the review of a rule 
or standard
 submitted under Subsection (2)(c)(i) as an agenda item, the
committee shall:
(a) before the review, directly inform the chairs of the Administrative Rules Review
Committee of the coming review, including the date, time, and place of the review; and
(b) after the review, directly inform the chairs of the Administrative Rules Review
Committee of the outcome of the review, including any recommendation.
Ŝ→ [
Section 15. 
Section 
19-5-105
 is amended to read:
19-5-105. Rulemaking authority and procedure.
(1) Except as provided in Subsections (2) and (3), [no] 
a
 rule that the board makes for
the purpose of the state administering a program under the federal Clean Water Act or the
federal Safe Drinking Water Act may 
not
 be more stringent than the corresponding federal
regulations [which] 
that
 address the same circumstances. In making rules, the board may
incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations
for the purpose described in Subsection (1), only if [it] 
the board
 makes a written finding after
public comment and hearing and based on evidence in the record that the corresponding federal
regulations are not adequate to protect public health and the environment of the state. Those
findings shall be accompanied by an opinion referring to and evaluating the public health and
environmental information and studies contained in the record which form the basis for the☆
☆board's conclusion.
(3) The board may make rules related to agriculture water more stringent than the
corresponding federal regulations [if the commission approves] 
after consulting with the
commission
.
] ←Ŝ
Section 16. Section 
19-5-105.5
 is amended to read:
19-5-105.5.
Agriculture water.
(1) (a) The board shall draft any rules relating to agriculture water in cooperation with
the commission.
(b) The commission shall advise the board before the board may adopt [
rules
] 
a rule
relating to agriculture water.
(2) A program or rule adopted by the board for agriculture production or irrigation
water shall:
(a) be consistent with the federal Clean Water Act; and
(b) if possible, be developed in a voluntary cooperative program with the agriculture
producer associations and the commission.
(3) (a) The board's authority to regulate a discharge is subject to Subsection (3)(b)
relating to an agriculture discharge.
(b) (i) A person responsible for an agriculture discharge shall mitigate the resulting
damage in a reasonable manner, as approved by the director after consulting with the
commission chair.
(ii) A penalty imposed on an agriculture discharge shall be [
proportionate to the
seriousness of the resulting harm
] 
consistent with the penalty policy described in Section
19-5-115
 and associated rules
, as determined by the director in consultation with the
commission chair.
(iii) An agriculture producer may not be held liable for an agriculture discharge
resulting from a large weather event if the agriculture producer has taken reasonable measures,
as the board defines by rule, to prevent an agriculture discharge.
Section 17. Section 
19-5-108
 is amended to read:
19-5-108.
Discharge permits -- Requirements and procedure for issuance.
(1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for and require the submission of plans, specifications, and
other information to the director in connection with the issuance of discharge permits.
(2) [
Each
] 
A
 discharge permit shall have a fixed term not exceeding five years. Upon
expiration of a discharge permit, 
the permit may be renewed or
 a new permit may be issued by
the director as authorized by the board after notice and an opportunity for public hearing and
upon condition that the applicant meets or will meet [
all
] 
the
 applicable requirements of this
chapter, including the conditions of [
any
] 
a
 permit granted by the board.
(3) The board may require notice to the director of the introduction of pollutants into
publicly-owned treatment works and identification to the director of the character and volume
of any pollutant of any significant source subject to pretreatment standards under Subsection
307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance
with pretreatment standards.
(4) The director may impose as conditions in permits for the discharge of pollutants
from publicly-owned treatment works appropriate measures to establish and [
insure
] 
ensure
compliance by industrial users with any system of user charges required under this chapter or
the rules adopted under [
it
] 
this chapter
.
(5) The director may apply and enforce against industrial users of publicly-owned
treatment works, toxic effluent standards and pretreatment standards for the introduction into
the treatment works of pollutants [
which
] 
that
 interfere with, pass through, or otherwise are
incompatible with the treatment works.
Section 18. Section 
19-5-116
 is amended to read:
19-5-116.
Limitation on effluent limitation standards for BOD, Total Suspended
Solids, Bacteria, and pH for domestic or municipal sewage.
Unless required to meet instream water quality standards or federal requirements
established under the federal [
Water Pollution Control Act
] 
Clean Water Act
, the board may
not establish, under Section 
19-5-104
, effluent limitation standards for Biochemical Oxygen
Demand (BOD), Total Suspended Solids (SS), [
Coliforms
] 
Bacteria
, and pH for domestic or
municipal sewage [
which
] 
that
 are more stringent than the following:
(1) Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values
determined on effluent samples collected during any 30-day period may not exceed 25 mg/l,
nor shall the arithmetic mean exceed 35 mg/l during any seven-day period.
(2) Total Suspended Solids (SS): The arithmetic mean of SS values determined on
effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the
arithmetic mean exceed 35 mg/l during any seven-day period.
(3) [
Coliform
] 
Bacteria
:
(a)
 The geometric mean of total coliforms and fecal coliform bacteria in effluent
samples collected during any 30-day period may not exceed either 2000/100 ml for total
coliforms or 200/100 ml for fecal coliforms. The geometric mean during any seven-day period
may not exceed 2500/100 ml for total coliforms or 250/100 for fecal coliforms.
(b) The geometric mean of E. coli bacteria in effluent samples collected during any
30-day period shall not exceed 126 per 100 mL nor shall the geometric mean exceed 158 per
mL respectively during any 7-day period.
(4) pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.
Section 19. 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:
(i) asbestos;
(ii) contaminated soils or tanks resulting from remediation or cleanup at a release or
spill;
(iii) waste paints;
(iv) solvents;
(v) sealers;
(vi) adhesives; or
(vii) hazardous or potentially hazardous materials similar to that described in
Subsections (4)(b)(i) through (vi).
(5) "Director" means the director of the Division of Waste Management and Radiation
Control.
(6) "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.
(7) "Division" means the Division of Waste Management and Radiation Control,
created in Subsection 
19-1-105
(1)(d).
(8) "Generation" or "generated" means the act or process of producing nonhazardous
solid or hazardous waste.
(9) (a) "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.
(b) "Hazardous waste" does not include those wastes listed in 40 C.F.R. Sec. 261.4(b).
(10) "Health facility" means a:
(a) hospital;
(b) psychiatric hospital;
(c) home health agency;
(d) hospice;
(e) skilled nursing facility;
(f) intermediate care facility;
(g) intermediate care facility for people with an intellectual disability;
(h) residential health care facility;
(i) maternity home or birthing center;
(j) free standing ambulatory surgical center;
(k) facility owned or operated by a health maintenance organization;
(l) state renal disease treatment center, including a free standing hemodialysis unit;
(m) the office of a private physician or dentist whether for individual or private
practice;
(n) veterinary clinic; or
(o) mortuary.
(11) "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.
(12) "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.
(13) "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.
(14) "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
.
(15) "Modification [
plan
] 
request
" means a [
plan
] 
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.
(16) "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 transferring,
treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of
hazardous waste;
(b) a closure plan;
(c) a modification [
plan
] 
request
; or
(d) an approval that the director is authorized to issue.
(17) "Permit" includes an operation plan.
[
(17)
] 
(18)
 "Permittee" means a person who is obligated under an operation plan.
[
(18)
] 
(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
]
.
 (b) "Solid waste"
 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)
] 
(c)
 "Solid waste" does not include metal that is:
(i) purchased as a valuable commercial commodity; and
(ii) not otherwise hazardous waste or subject to conditions of the federal hazardous
waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6. 
[
(19)
] 
(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)
 (a) "Transfer" means the collection of nonhazardous solid waste from a
permanent, fixed, supplemental collection facility for movement to a vehicle for movement to
an offsite nonhazardous solid waste storage or disposal facility.
(b) "Transfer" does not mean:
(i) the act of moving nonhazardous solid waste from one location to another location
on the site where the nonhazardous solid waste is generated; or
(ii) placement of nonhazardous solid waste on the site where the nonhazardous solid
waste is generated in preparation for movement off that site.
[
(22)
] 
(23)
 "Transportation" means the off-site movement of solid or hazardous waste
to any intermediate point or to any point of storage, treatment, or disposal.
[
(23)
] 
(24)
 "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.
[
(24)
] 
(25)
 "Underground storage tank" means a tank that is regulated under Subtitle I
of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
Section 20. Section 
19-6-102.1
 is amended to read:
19-6-102.1.
Treatment or disposal -- Exclusions.
As used in Subsections [
19-6-104
(3)(e)(ii)(B),
] 
19-6-108
(3)(b), 
19-6-108
(3)(c)(ii)(B),
and 
19-6-119
(1)(a), the term "treatment [
and
] 
or
 disposal" specifically excludes the recycling,
use, reuse, or reprocessing of
:
(1)
 fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels;
(2)
 waste from the extraction, beneficiation, and processing of ores and minerals; or
(3)
 cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding,
sand blasting, road construction, railway ballast, construction fill, aggregate, and other
construction-related purposes.
Section 21. Section 
19-6-104
 is amended to read:
19-6-104.
Powers of board -- Creation of statewide solid waste management plan.
[
(1) The board may:
]
[
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;
]
[
(b) recommend that the director:
]
[
(i) issue orders necessary to enforce the provisions of the Radiation Control Act;
]
[
(ii) enforce the orders by appropriate administrative and judicial proceedings; or
]
[
(iii) institute judicial proceedings to secure compliance with this part;
]
[
(c) (i) hold a hearing that is not an adjudicative proceeding; or
]
[
(ii) appoint hearing officers to conduct a hearing that is not an adjudicative
proceeding;
]
[
(d) accept, receive, and administer grants or other funds or gifts from public and
private agencies, including the federal government, for the purpose of carrying out any of the
functions of the Radiation Control Act; or
]
[
(e) order the director to impound radioactive material in accordance with Section
19-3-111
.
]
[
(2) (a) The board shall promote the planning and application of pollution prevention
and radioactive waste minimization measures to prevent the unnecessary waste and depletion
of natural resources; and
]
[
(b) review the qualifications of, and issue certificates of approval to, individuals who:
]
[
(i) survey mammography equipment; or
]
[
(ii) oversee quality assurance practices at mammography facilities.
]
[
(3)
] 
(1)
 The board shall:
(a) survey solid and hazardous waste generation and management practices within this
state and, after public hearing and after providing opportunities for comment by local
governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
waste management plan for the state;
[
(b) order the director to:
]
[
(i) issue orders necessary to effectuate the provisions of this part and rules made under
this part;
]
[
(ii) enforce the orders by administrative and judicial proceedings; or
]
[
(iii) initiate judicial proceedings to secure compliance with this part;
]
[
(c)
] 
(b)
 promote the planning and application of resource recovery systems to prevent
the unnecessary waste and depletion of natural resources;
[
(d)
] 
(c)
 meet the requirements of federal law related to solid and hazardous wastes to
[
insure
] 
ensure
 that the solid and hazardous wastes program provided for in this part is
qualified to assume primacy from the federal government in control over solid and hazardous
waste;
[
(e)
] 
(d)
 (i) require [
any
] 
a
 facility, including [
those
] 
a facility
 listed in Subsection
[
(3)(e)(ii)
] 
(1)(d)(ii)
, to submit plans, specifications, and other information required by the
board to the director [
prior to
] 
before
 construction, modification, installation, or establishment
of a facility to allow the director to determine whether the proposed construction, modification,
installation, or establishment of the facility will be in accordance with rules made under this
part;
(ii) [
facilities
] 
consider a facility
 referred to in Subsection [
(3)(e)(i)
] 
(1)(d)(i)
 [
include
any
] 
to include an
 incinerator that is intended for disposing of nonhazardous solid waste; [
and
]
(iii) 
consider 
a facility referred to in Subsection [
(3)(e)(i)
] 
(1)(d)(i)
 [
does
] 
to
 not
include a commercial facility that is solely for the purpose of recycling, reuse, or reprocessing
the following waste:
(A) fly ash waste;
(B) bottom ash waste;
(C) slag waste; or
(D) flue gas emission control waste generated primarily from the combustion of coal or
other fossil fuels; 
and
(iv) 
consider 
a facility referred to in Subsection [
(3)(e)(i)
] 
(1)(d)(i)
 [
does
] 
to
 not
include a facility when the following waste is generated and the disposal occurs at an on-site
location owned and operated by the generator of the waste:
(A) waste from the extraction, beneficiation, and processing of ores and minerals listed
in 40 C.F.R. 261.4(b)(7)(ii); or
(B) cement kiln dust; 
and
[
(f)
] 
(e)
 to ensure compliance with applicable statutes and [
regulations
] 
rules
:
(i) review a settlement negotiated by the director in accordance with Subsection
19-6-107
(3)(a) that requires a civil penalty of $25,000 or more; and
(ii) approve or disapprove the settlement 
described in Subsection (1)(e)(i)
.
[
(4)
] 
(2)
 The board may:
(a) (i) hold a hearing that is not an adjudicative proceeding; or
(ii) appoint 
a
 hearing [
officers
] 
officer
 to conduct a hearing that is not an adjudicative
proceeding; or
(b) advise, consult, cooperate with, or provide technical assistance to [
other agencies
]
another agency
 of the state or federal government, [
other states, interstate agencies, or affected
groups, political subdivisions, industries, or other persons
] 
another state, an interstate agency,
an affected group, an affected political subdivision, an affected industry, or other person
 in
carrying out the purposes of this part.
[
(5)
] 
(3)
 (a) The board shall establish a comprehensive statewide waste management
plan.
(b) The plan shall:
(i) incorporate the solid waste management plans submitted by the counties;
(ii) provide an estimate of solid waste capacity needed in the state for the next 20
years;
(iii) assess the state's ability to minimize waste and recycle;
(iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
needs and existing capacity;
(v) evaluate facility siting, design, and operation;
(vi) review funding alternatives for solid waste management; and
(vii) address other solid waste management concerns that the board finds appropriate
for the preservation of the public health and the environment.
(c) The board shall consider the economic viability of solid waste management
strategies [
prior to
] 
before
 incorporating [
them
] 
the solid waste management strategies
 into the
plan and shall consider the needs of population centers.
(d) The board shall review and modify the comprehensive statewide solid waste
management plan no less frequently than every five years.
[
(6)
] 
(4)
 (a) The board shall determine the type of solid waste generated in the state and
tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
waste management plan.
(b) The board shall review and modify the inventory no less frequently than once every
five years.
[
(7)
] 
(5)
 Subject to the limitations contained in Subsection 
19-6-102
[
(18)(b)
]
(19)(c)
,
the board shall establish siting criteria for nonhazardous solid waste disposal facilities,
including incinerators.
[
(8)
] 
(6)
 The board may not issue, amend, renew, modify, revoke, or terminate any of
the following that are subject to the authority granted to the director under Section 
19-6-107
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
[
(9)
] 
(7)
 A board member may not speak or act for the board unless the board member
is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
Section 22. Section 
19-6-105
 is amended to read:
19-6-105.
Rules of board.
(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) establishing minimum standards for protection of human health and the
environment, for the storage, collection, transport, transfer, recovery, treatment, and disposal of
solid waste, including requirements for the approval by the director of plans for the
construction, extension, operation, and closure of solid waste disposal sites;
(b) identifying wastes [
which
] 
that
 are determined to be hazardous, including wastes
designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
1976, 42 U.S.C., Sec. 6921, et seq.;
(c) governing generators and transporters of hazardous wastes and owners and
operators of hazardous waste treatment, storage, and disposal facilities, including requirements
for keeping records, monitoring, submitting reports, and using a manifest, without treating
high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
muds, and oil production brines in a manner more stringent than they are treated under federal
standards;
(d) requiring an owner or operator of a treatment, storage, or disposal facility that is
subject to a plan approval under Section 
19-6-108
 or [
which
] 
that
 received waste after July 26,
1982, to take appropriate corrective action or other response measures for releases of hazardous
waste or hazardous waste constituents from the facility, including releases beyond the
boundaries of the facility;
(e) specifying the terms and conditions under which the director shall approve,
disapprove, revoke, or review hazardous wastes operation plans;
(f) governing public hearings and participation under this part;
(g) establishing standards governing underground storage tanks, in accordance with
Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
(h) relating to the collection, transportation, processing, treatment, storage, and
disposal of infectious waste in health facilities in accordance with the requirements of Section
19-6-106
;
(i) defining closure plans [
as major or minor
]
, modification requests, or both for
hazardous waste, as class I, class I with prior director approval, class II, or class III
;
[
(j) defining modification plans as major or minor;
] and
[
(k)
] 
(j)
 prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
organic waste substance of any kind to be thrown, or remain upon or in [
any
] 
a
 street, road,
ditch, canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring,
or well.
(2) If any of the following are determined to be hazardous waste and are therefore
subjected to the provisions of this part, the board shall, in the case of landfills or surface
impoundments that receive the solid wastes, take into account the special characteristics of the
wastes, the practical difficulties associated with applying requirements for other wastes to the
wastes, and site-specific characteristics, including the climate, geology, hydrology, and soil
chemistry at the site, if the modified requirements assure protection of human health and the
environment and are no more stringent than federal standards applicable to waste:
(a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
including phosphate rock and overburden from the mining of uranium;
(b) 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; and
(c) cement kiln dust waste.
(3) The board shall establish criteria for siting commercial hazardous waste treatment,
storage, and disposal facilities, including commercial hazardous waste incinerators. Those
criteria shall apply to any facility or incinerator for which plan approval is required under
Section 
19-6-108
.
Section 23. Section 
19-6-107
 is amended to read:
19-6-107.
Director -- Appointment -- Powers.
(1) The executive director shall appoint the director. The director shall serve under the
administrative direction of the executive director.
(2) The director shall:
[
(a) develop programs to promote and protect the public from radiation sources in the
state;
]
[
(b) advise, consult, cooperate with, and provide technical assistance to other agencies,
states, the federal government, political subdivisions, industries, and other persons in carrying
out the provisions of the Radiation Control Act;
]
[
(c) receive specifications or other information relating to licensing applications for
radioactive materials or registration of radiation sources for review, approval, disapproval, or
termination;
]
[
(d) issue permits, licenses, registrations, certifications, and other administrative
authorizations;
]
[
(e) review and approve plans;
]
[
(f) assess penalties in accordance with Section 
19-3-109
;
]
[
(g) impound radioactive material under Section 
19-3-111
;
]
[
(h)
] 
(a)
 issue [
orders
] 
an order
 necessary to enforce [
the provisions of
] this part[
, to
]
;
 (b)
 enforce [
the orders
] 
an order
 by appropriate administrative and judicial
proceedings[
, or to
]
;
 (c)
 institute judicial proceedings to secure compliance with this part;
[
(i)
] 
(d)
 carry out inspections pursuant to Section 
19-6-109
;
[
(j)
] 
(e)
 require submittal of specifications or other information relating to hazardous
waste plans for review, and approve, disapprove, revoke, or review the plans;
[
(k)
] 
(f)
 develop programs for solid waste and hazardous waste management and
control within the state;
[
(l)
] 
(g)
 advise, consult, and cooperate with [
other agencies
] 
another agency
 of the
state, the federal government, [
other states and interstate agencies, and with
] 
another state, an
interstate agency, an
 affected [
groups
] 
group
, 
an affected
 political [
subdivisions, and
industries
] 
subdivision, an affected industry, or other affected person
 in furtherance of the
purposes of this part;
[
(m)
] 
(h)
 subject to the provisions of this part, enforce rules made or revised by the
board through the issuance of orders;
[
(n)
] 
(i)
 review plans, specifications or other data relative to solid waste and hazardous
waste control systems or any part of the systems as provided in this part;
[
(o)
] 
(j)
 under the direction of the executive director, represent the state in [
all
] matters
pertaining to interstate solid waste and hazardous waste management and control including,
under the direction of the board, entering into interstate compacts and other similar agreements;
and
[
(p)
] 
(k)
 as authorized by the board and subject to the provisions of this part, act as
executive secretary of the board under the direction of the [
chairman
] 
chair
 of the board.
(3) The director may:
(a) subject to Subsection 
19-6-104
[
(3)(f)
]
(1)(e)
, settle or compromise any
administrative or civil action initiated to compel compliance with this part and any rules
adopted under this part;
(b) employ full-time employees necessary to carry out this part;
(c) [
as authorized by the board pursuant to the provisions of this part,
] authorize any
employee or representative of the department to conduct inspections as permitted in this part;
(d) encourage, participate in, or conduct studies, investigations, research, and
demonstrations relating to solid waste and hazardous waste management and control necessary
for the discharge of duties assigned under this part;
(e) collect and disseminate information relating to solid waste and hazardous waste
management control; 
and
(f) cooperate with any person in studies and research regarding solid waste and
hazardous waste management and control[
;
]
.
[
(g) cooperate with any person in studies, research, or demonstration projects regarding
radioactive waste management or control of radiation sources;
]
[
(h) settle or compromise any civil action initiated by the division to compel
compliance with this chapter or the rules made under this chapter; and
]
[
(i) authorize employees or representatives of the department to enter, at reasonable
times and upon reasonable notice, in and upon public or private property for the purpose of
inspecting and investigating conditions and records concerning radiation sources.
]
Section 24. Section 
19-6-108
 is amended to read:
19-6-108.
New nonhazardous solid or hazardous waste operation plans for
facility or site -- Administrative and legislative approval required -- Exemptions from
legislative and gubernatorial approval -- Time periods for review -- Information required
-- Other conditions -- Automatic revocation of approval -- Periodic review.
(1) For purposes of this section, the following items shall be treated as submission of a
new operation plan:
(a) the submission of a revised 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 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;
(c) an application for modification of a commercial nonhazardous solid waste
incinerator if the construction of the modification would cost 50% or more of the cost of
construction of the original incinerator or the modification would result in an increase in the
capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
or throughput that was approved in the operation plan as of January 1, 1990, or the initial
approved operation plan if the initial approval is subsequent to January 1, 1990;
(d) an application for modification of a commercial nonhazardous solid or 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 the initial approval is subsequent to January 1, 1990; or
(e) a submission of an operation plan to construct a facility, if previous approvals of the
operation plan to construct the facility have been revoked pursuant to Subsection
(3)(c)[
(iii)
]
(iv)
.
(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) (i) Except as specified in Subsection (3)(a)(ii)(C), a person may not own,
construct, modify, or operate [
any
] 
a
 facility or site for the purpose of transferring, treating, or
disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste
without first submitting and receiving the approval of the director for an operation plan for that
facility or site.
(ii) (A) A permittee who is the current owner of a facility or site that is subject to an
operation plan may submit to the director information, a report, a plan, or other request for
approval for a proposed activity under an operation plan:
(I) after obtaining the consent of any other permittee who is a current owner of the
facility or site; and
(II) without obtaining the consent of any other permittee who is not a current owner of
the facility or site.
(B) The director may not:
(I) withhold an approval of an operation plan requested by a permittee who is a current
owner of the facility or site on the grounds that another permittee who is not a current owner of
the facility or site has not consented to the request; or
(II) give an approval of an operation plan requested by a permittee who is not a current
owner before receiving consent of the current owner of the facility or site.
(C) A facility referred to in Subsection (3)(a)(i) does not include a facility when the
waste from the extraction, beneficiation, and processing of ores and minerals listed in 40
C.F.R. Sec. 261.4(b)(7)(ii), or cement kiln dust, is generated and the disposal occurs at an
on-site location owned and operated by the generator of the waste.
(b) (i) Except for [
facilities that receive
] 
a facility that recieves
 the following wastes
solely for the purpose of recycling, reuse, or reprocessing, a person may not own, construct,
modify, or operate any commercial facility that accepts for treatment or disposal, with the
intent to make a profit, any of the wastes listed in Subsection (3)(b)(ii) without first submitting
a request to and receiving the approval of the director for an operation plan for that facility site.
(ii) Wastes referred to in Subsection (3)(b)(i) are:
(A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels;
(B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
(C) cement kiln dust wastes.
(c) (i) A person may not construct a facility listed under Subsection (3)(c)(ii) until the
person receives:
(A) local government approval and the approval described in Subsection (3)(a);
(B) approval from the Legislature; and
(C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B),
approval from the governor.
(ii) A facility referred to in Subsection (3)(c)(i) is:
(A) a commercial nonhazardous solid waste disposal facility;
(B) except for [
facilities that receive the following wastes
] 
a facility that receives a
waste listed in Subsection (3)(c)(iii),
 solely for the purpose of recycling, reuse, or reprocessing,
any commercial facility that accepts for treatment or disposal, with the intent to make a profit[
:
fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated
primarily from the combustion of coal or other fossil fuels; wastes from the extraction,
beneficiation, and processing of ores and minerals; or cement kiln dust wastes
]; or
(C) a commercial hazardous waste treatment, storage, or disposal facility.
(iii) Subsection (3)(c)(ii)(B) applies to the following wastes:
(A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels;
(B) wastes from the extraction, beneficiation, and processing of ores and minerals; or 
(C) cement kiln dust wastes.
[
(iii)
] 
(iv)
 The required approvals described in Subsection (3)(c)(i) for a facility
described in Subsection (3)(c)(ii)(A) or (B) are automatically revoked if:
(A) the governor's approval is received on or after May 10, 2011, and the facility is not
operational within five years after the day on which the governor's approval is received; or
(B) the governor's approval is received before May 10, 2011, and the facility is not
operational on or before May 10, 2016.
[
(iv)
] 
(v)
 The required approvals described in Subsection (3)(c)(i) for a facility
described in Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not
transferrable to another person for five years after the day on which the governor's approval is
received.
(d) A person need not obtain gubernatorial or legislative approval for the construction
of a hazardous waste facility for which an operating plan has been approved by or submitted
for approval to the executive secretary of the board under this section before April 24, 1989,
and which has been determined, on or before December 31, 1990, by the executive secretary of
the board to be complete, in accordance with state and federal requirements for operating plans
for hazardous waste facilities even if a different geographic site is subsequently submitted.
(e) A person need not obtain gubernatorial and legislative approval for the construction
of a commercial nonhazardous solid waste disposal facility for which an operation plan has
been approved by or submitted for approval to the executive secretary of the board under this
section on or before January 1, 1990, and which, on or before December 31, 1990, the
executive secretary of the board determines to be complete, in accordance with state and
federal requirements applicable to operation plans for nonhazardous solid waste facilities.
(f) [
Any
] 
A
 person owning or operating a facility or site on or before November 19,
1980, who has given timely notification as required by Section 3010 of the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. [
Section
] 
Sec.
 6921, et seq., and who has
submitted a proposed hazardous waste plan under this section for that facility or site, may
continue to operate that facility or site without violating this section until the plan is approved
or disapproved under this section.
(g) (i) The director shall suspend acceptance of further applications for a commercial
nonhazardous solid or hazardous waste facility upon a finding that the director cannot
adequately oversee existing and additional facilities for permit compliance, monitoring, and
enforcement.
(ii) The director shall report any suspension to the Natural Resources, Agriculture, and
Environment Interim Committee.
(4) The director shall review [
each
] 
a
 proposed nonhazardous solid or hazardous waste
operation plan to determine whether that plan complies with [
the provisions of
] this part and
the applicable rules of the board.
(5) (a) If the facility is a class I or class II facility, the director shall approve or
disapprove that plan within 270 days from the date [
it
] 
the plan
 is submitted.
(b) Within 60 days after receipt of the plans, specifications, or other information
required by this section for a class I or II facility, the director shall determine whether the plan
is complete and contains [
all
] 
the
 information necessary to process the plan for approval.
(c) (i) If the plan for a class I or II facility is determined to be complete, the director
shall issue a notice of completeness.
(ii) If the plan is determined by the director to be incomplete, the director shall issue a
notice of deficiency, listing the additional information to be provided by the owner or operator
to complete the plan.
(d) The director shall review information submitted in response to a notice of
deficiency within 30 days after receipt.
(e) The following time periods may not be included in the 270 day plan review period
for a class I or II facility:
(i) time awaiting response from the owner or operator to requests for information
issued by the director;
(ii) time required for public participation and hearings for issuance of plan approvals;
and
(iii) time for review of the permit by other federal or state government agencies.
(6) (a) If the facility is a class III or class IV facility, the director shall approve or
disapprove that plan within 365 days from the date [
it
] 
the plan
 is submitted.
(b) The following time periods may not be included in the 365 day review period:
(i) time awaiting response from the owner or operator to requests for information
issued by the director;
(ii) time required for public participation and hearings for issuance of plan approvals;
and
(iii) time for review of the permit by other federal or state government agencies.
(7) If, within 365 days after receipt of a modification [
plan
] 
request
 or closure plan for
any facility, the director determines that the proposed plan 
or request
, or any part of [
it
] 
the
proposed plan or request
, will not comply with applicable rules, the director shall issue an order
prohibiting any action under the proposed plan 
or request
 for modification or closure in whole
or in part.
(8) [
Any
] 
A
 person who owns or operates a facility or site required to have an
approved hazardous waste operation plan under this section and who has pending a permit
application before the United States Environmental Protection Agency shall be treated as
having an approved plan until final administrative disposition of the permit application is made
under this section, unless the director determines that final administrative disposition of the
application has not been made because of the failure of the owner or operator to furnish any
information requested, or the facility's interim status has terminated under Section 3005 (e) of
the Resource Conservation and Recovery Act, 42 U.S.C. [
Section
] 
Sec.
(e).
(9) The director may not approve a proposed nonhazardous solid or hazardous waste
operation plan unless the plan contains the information that the board requires, including:
(a) estimates of the composition, quantities, and concentrations of any hazardous waste
identified under this part and the proposed treatment, storage, or disposal of [
it
] 
the hazardous
waste
;
(b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or
treatment, storage, or disposal of hazardous waste will not be done in a manner that may cause
or significantly contribute to an increase in mortality, an increase in serious irreversible or
incapacitating reversible illness, or pose a substantial present or potential hazard to human
health or the environment;
(c) consistent with the degree and duration of risks associated with the transfer,
treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of
specified hazardous waste, evidence of financial responsibility in whatever form and amount
that the director determines is necessary to [
insure
] 
ensure
 continuity of operation and that
upon abandonment, cessation, or interruption of the operation of the facility or site, [
all
] 
the
reasonable measures consistent with the available knowledge will be taken to [
insure
] 
ensure
that the waste subsequent to being treated, stored, or disposed of at the site or facility will not
present a hazard to the public or the environment;
(d) evidence that the personnel employed at the facility or site have education and
training for the safe and adequate handling of nonhazardous solid or hazardous waste;
(e) plans, specifications, and other information that the director considers relevant to
determine whether the proposed nonhazardous solid or hazardous waste operation plan will
comply with this part and the rules of the board;
(f) compliance schedules, [
where
] 
when
 applicable, including schedules for corrective
action or other response measures for releases from [
any
] 
a
 solid waste management unit at the
facility, regardless of the time the waste was placed in the unit;
(g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or
hazardous waste facility other than a water treatment facility that treats, stores, or disposes
site-generated solid or hazardous waste onsite, a traffic impact study that:
(i) takes into consideration the safety, operation, and condition of roadways serving the
proposed facility; and
(ii) is reviewed and approved by the Department of Transportation or a local highway
authority, whichever has jurisdiction over each road serving the proposed facility, with the cost
of the review paid by the person who submits the proposed operation plan; and
(h) for a proposed operation plan submitted on or after July 1, 2013, for a new
nonhazardous solid waste facility owned or operated by a local government, financial
information that discloses [
all
] 
the
 costs of establishing and operating the facility, including:
(i) land acquisition and leasing;
(ii) construction;
(iii) estimated annual operation;
(iv) equipment;
(v) ancillary structures;
(vi) roads;
(vii) transfer stations; and
(viii) using other operations that are not contiguous to the proposed facility but are
necessary to support the facility's construction and operation.
(10) The director may not approve a commercial nonhazardous solid or hazardous
waste operation plan that meets the requirements of Subsection (9) unless [
it
] 
the operation
plan
 contains the information required by the board, including:
(a) evidence that the proposed commercial facility has a proven market of
nonhazardous solid or hazardous waste, including:
(i) information on the source, quantity, and price charged for treating, storing, and
disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
(ii) a market analysis of the need for a commercial facility given existing and potential
generation of nonhazardous solid or hazardous waste in the state and regionally; and
(iii) a review of other existing and proposed commercial nonhazardous solid or
hazardous waste facilities regionally and nationally that would compete for the treatment,
storage, or disposal of the nonhazardous solid or hazardous waste;
(b) a description of the public benefits of the proposed facility, including:
(i) the need in the state for the additional capacity for the management of nonhazardous
solid or hazardous waste;
(ii) the energy and resources recoverable by the proposed facility;
(iii) the reduction of nonhazardous solid or hazardous waste management methods,
[
which
] 
that
 are less suitable for the environment, that would be made possible by the proposed
facility; and
(iv) whether any other available site or method for the management of hazardous waste
would be less detrimental to the public health or safety or to the quality of the environment;
and
(c) compliance history of an owner or operator of a proposed commercial
nonhazardous solid or hazardous waste treatment, storage, or disposal facility, [
which
] 
that
may be applied by the director in a nonhazardous solid or hazardous waste operation plan
decision, including any plan conditions.
(11) The director may not approve a commercial nonhazardous solid or hazardous
waste facility operation plan unless based on the application, and in addition to the
determination required in Subsections (9) and (10), the director determines that:
(a) the probable beneficial environmental effect of the facility to the state outweighs
the probable adverse environmental effect; and
(b) there is a need for the facility to serve industry within the state.
(12) Approval of a nonhazardous solid or hazardous waste operation plan may be
revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
comply with that plan.
(13) The director shall review [
all
] approved nonhazardous solid and hazardous waste
operation plans at least once every five years.
(14) [
The provisions of
] Subsections (10) and (11) do not apply to 
a
 hazardous waste
[
facilities
] 
facility
 in existence or to [
applications
] 
an application
 filed or pending in the
department [
prior to
] 
before
 April 24, 1989, that are determined by the executive secretary of
the board on or before December 31, 1990, to be complete, in accordance with state and federal
requirements applicable to operation plans for hazardous waste facilities.
(15) [
The provisions of
] Subsections (9), (10), and (11) do not apply to a nonhazardous
solid waste facility in existence or to an application filed or pending in the department [
prior
to
] 
before
 January 1, 1990, that is determined by the director, on or before December 31, 1990,
to be complete in accordance with state and federal requirements applicable to operation plans
for nonhazardous solid waste facilities.
(16) Nonhazardous solid waste generated outside of this state that is defined as
hazardous waste in the state where [
it
] 
the nonhazardous solid waste
 is generated and [
which
]
that
 is received for disposal in this state may not be disposed of at a nonhazardous waste
disposal facility owned and operated by local government or a facility under contract with a
local government solely for disposal of nonhazardous solid waste generated within the
boundaries of the local government, unless disposal is approved by the director.
(17) This section may not be construed to exempt [
any
] 
a
 facility from applicable
regulation under the federal Atomic Energy Act, 42 U.S.C. [
Sections
] 
Sec.
and 2021
through 2114.
Section 25. Section 
19-6-114
 is amended to read:
19-6-114.
Service of notice, order, or other document.
[
Proof of
] 
In accordance with procedural rules adopted by the department,
 service of
any notice, order, or other document issued by, or under the authority of, the [
board
] 
director
may be made [
in the same manner as in the service of a summons in a civil action. Proof of
service shall be filed with the board or may be made
] by forwarding a copy of that notice,
order, or other document by registered mail, directed to the [
person at his last known
] 
person's
designated
 address[
, with an affidavit to that effect being filed with the board
].
Section 26. Section 
19-6-120
 is amended to read:
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:
(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) [
Hazardous waste facilities that are
] 
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
[
facilities
] 
facility
.
(b) The department shall designate 
a
 commercial hazardous waste [
facilities
] 
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
[
facilities
] 
facility
.
(4) The maximum fee for filing and review of [
each
] 
a
 class I facility operation plan is
$200,000, and is due and payable as follows:
(a) [
The
] 
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
] 
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
] 
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 [
incinerators
] 
incinerator
 that
primarily receive wastes generated by sources owned, controlled, or operated by the facility
owner or operator as 
a
 class II [
facilities
] 
facility
.
(b) The maximum fee for filing and review of [
each
] 
a
 class II facility operation plan is
$150,000, and shall be due and payable as follows:
(i) [
The
] 
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
] 
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 [
facilities
] 
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 [
facilities
] 
facility
.
(b) The maximum fee for filing and review of [
each
] 
a
 class III facility operation plan
is $100,000 and is due and payable as follows:
(i) [
The
] 
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
] 
the
 department shall bill the owner or operator of [
each
] 
a
 class III facility for
actual costs of operation plan review, up to an additional $99,000.
(7) (a) [
All other hazardous waste facilities are
] 
A hazardous waste facility not
described in Subsections (3) through (6) is
 designated as 
a
 class IV [
facilities
] 
facility
.
(b) The maximum fee for filing and review of [
each
] 
a
 class IV facility operation plan
is $50,000 and is due and payable as follows:
(i) [
The
] 
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
] 
the
 department shall bill the owner or operator of [
each
] 
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 [
each major modification plan and
major closure plan
] 
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
] 
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
] 
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 [
each minor modification and minor
closure plan
] 
a class I modification request,
 for a class I, class II, or class III facility, and of
[
any
] 
a
 modification [
or closure plan
] 
request
 for a class IV facility, is $20,000, and is due and
payable as follows:
(i) [
The
] 
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
] 
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 [
prior
] 
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 [
major
modification plan or a major closure plan
] 
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 [
minor
modification plan or a minor closure plan
] 
class I modification request
, and an owner or
operator of a class IV facility who submits a modification [
plan
] 
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) [
All fees
] 
Fees
 received by the department under this section shall be deposited
[
in
] 
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 [
all
] 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
[
plan
] 
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
] 
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 [
its
] 
the department's
 actual
costs for each plan review under this section.
(b) [
Those records
] 
A record described in Subsection (13)(a)
 shall be available for
public inspection.
Section 27. Section 
19-6-326
 is amended to read:
19-6-326.
Written assurances.
(1) Based upon risk to human health or the environment from potential exposure to
hazardous substances or materials, the executive director
, or the executive director's designee,
may issue enforceable written assurances to a bona fide prospective purchaser, contiguous
property owner, or innocent landowner of real property that no enforcement action under this
part may be initiated regarding that real property against the person to whom the assurances are
issued.
(2) An assurance granted under Subsection (1) grants the person to whom the
assurance is issued protection from imposition of any state law cost recovery and contribution
actions under this part.
(3) The executive director may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, as necessary for the administration of this section.
Section 28. 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:
(i) a transfer station;
(ii) a transport system;
(iii) a baling facility;
(iv) a landfill; and
(v) a processing system, including:
(A) a resource recovery facility;
(B) a facility for reducing solid waste volume;
(C) a plant or facility for compacting, or composting, of solid waste;
(D) an incinerator;
(E) a solid waste disposal, reduction, pyrolization, or conversion facility;
(F) a facility for resource recovery of energy consisting of:
(I) a facility for the production, transmission, distribution, and sale of heat and steam;
(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
(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
(G) an auxiliary energy facility that is connected to a facility for resource recovery of
energy as described in Subsection (12)(a)(v)(F), that:
(I) is fueled by natural gas, landfill gas, or both;
(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
(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)(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:
(i) accepts and processes metal, as described in Subsection 
19-6-102
[
(18)
]
(19)
(b), by
separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a
principle commodity grade product of prepared scrap metal for sale or use for remelting
purposes provided that any byproduct or residual that would qualify as solid waste is managed
at a solid waste management facility; or
(ii) accepts and processes paper, plastic, rubber, glass, or textiles that:
(A) have been source-separated or otherwise diverted from the solid waste stream
before acceptance at the facility and that are not otherwise hazardous waste or subject to
conditions of federal hazardous waste regulations; and
(B) are reused or recycled as a valuable commercial commodity by separating,
shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle
commodity grade product, provided that any byproduct or residual that would qualify as solid
waste is managed at a solid waste management facility.
Section 29. Section 
19-6-721.1
 is enacted to read:
 19-6-721.1.
Notice of violations -- Order for correction -- Civil action to enforce.
(1) Whenever the director determines that a person is in violation of an applicable
approved used oil operation permit, the requirements of this part, or any of the board's rules,
the director may cause written notice of that violation to be served upon the alleged violator.
The notice shall specify the provisions of the permit, this part, or rule alleged to have been
violated, and the facts alleged to constitute the violation.
(2) The director may:
(a) issue an order requiring that necessary corrective action be taken within a
reasonable time; or
(b) request the attorney general or the county attorney in the county in which the
violation is taking place to bring a civil action for injunctive relief and enforcement of this part.