Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 97 (2022GS)

Sponsor

Sen. Winterton, R.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends definitions to provide that a facility that receives only waste from the exploration or production of oil and gas is not considered a commercial nonhazardous solid waste treatment, storage, or disposal facility; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SOLID AND HAZARDOUS WASTE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: 
Steven J. Lund
LONG TITLE
General Description:
This bill modifies provisions regarding commercial nonhazardous solid waste
treatment, storage, or disposal facilities.
Highlighted Provisions:
This bill:
▸ amends definitions to provide that a facility that receives only waste from the
exploration or production of oil and gas is not considered a commercial
nonhazardous solid waste treatment, storage, or disposal facility; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-102
, as last amended by Laws of Utah 2020, Chapter 256
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-6-102
 is amended to read:
19-6-102.
Definitions.
As used in this part:
(1) "Board" means the Waste Management and Radiation Control Board created in
Section 
19-1-106
.
(2) "Closure plan" means a plan under Section 
19-6-108
 to close a facility or site at
which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
facility or site.
(3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
disposal.
(b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
does not include a 
commercial
 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[
.
]
; or
(iv) receives only waste from the exploration and production of oil and gas.
(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 request" means a request under Section 
19-6-108
 to modify a
permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating,
storing, or disposing of hazardous waste.
(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 request; or
(d) an approval that the director is authorized to issue.
(17) "Permit" includes an operation plan.
(18) "Permittee" means a person who is obligated under an operation plan.
(19) (a) "Solid waste" means 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.
(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.
(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. 
(20) "Solid waste management facility" means the same as that term is defined in
Section 
19-6-502
.
(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.
(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.
(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.
(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.
(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.