Affected by 63I-1-219 on 7/1/2029 Effective 5/12/2020 19-6-102.1. Treatment or disposal — Exclusions. As used in Subsections 19-6-108(3)(b), 19-6-108(3)(c)(ii)(B), and 19-6-119(1)(a), the term “treatment 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 […]
Affected by 63I-1-219 on 7/1/2029 Effective 1/1/2021 19-6-103. Waste Management and Radiation Control Board — Members — Terms — Organization — Meetings — Per diem and expenses. (1) The board consists of the following 12 members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/12/2020 19-6-104. Powers of board — Creation of statewide solid waste management plan. (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, […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/5/2021 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 […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/5/2021 19-6-108. New nonhazardous solid or hazardous waste operation plans for facility or site — 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, […]
Affected by 63I-1-219 on 7/1/2029 19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans — Board to make rules. (1) Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may: (a) even if corrective action is incomplete, issue an enforceable written assurance to a […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/9/2017 19-6-108.5. Management of hazardous waste generated outside Utah. On and after July 1, 2017, waste entering Utah for disposal or treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste shall be treated or disposed of as nonhazardous solid waste, regardless of how it is classified […]
Affected by 63I-1-219 on 7/1/2029 Effective 7/1/2018 19-6-109. Inspections authorized — Fines for a self-inspected facility. (1) A duly authorized officer, employee, or representative of the director may, at any reasonable time and upon presentation of appropriate credentials, enter upon and inspect any property, premise, or place on or at which solid or hazardous wastes […]
Affected by 63I-1-219 on 7/1/2029 19-6-111. Variances — Requirements for application — Procedure. (1) (a) If the board determines that the application of, or compliance with, any requirements of this part would cause undue or unreasonable hardship to any person, it may issue a variance from any of those requirements. (b) No variance may be […]
Affected by 63I-1-219 on 7/1/2029 19-6-112. Notice of violations — Order for correction — Civil action to enforce. (1) Whenever the director determines that any person is in violation of any applicable approved hazardous wastes operation plan or solid waste plan, the requirements of this part, or any of the board’s rules, the director may […]
Affected by 63I-1-219 on 7/1/2029 19-6-113. Violations — Penalties — Reimbursement for expenses. (1) As used in this section, “RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (2) Any person who violates any order, plan, rule, or other requirement issued or adopted under this part is subject in a […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/12/2020 19-6-114. Service of notice, order, or other document. 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 director may be made by forwarding a copy of that notice, order, or other document […]
Affected by 63I-1-219 on 7/1/2029 19-6-115. Imminent danger to health or environment — Authority of executive director to initiate action to restrain. Notwithstanding any other provision of this part, upon receipt of evidence that the handling, transportation, treatment, storage, or disposal of any solid or hazardous waste, or a release from an underground storage tank, […]
Affected by 63I-1-219 on 7/1/2029 19-6-116. Application of part subject to state assumption of primary responsibility from federal government — Authority of political subdivisions. (1) The requirements of this part applicable to the generation, treatment, storage, or disposal of hazardous waste, and the rules adopted under this part, do not take effect until this state […]
Affected by 63I-1-219 on 7/1/2029 19-6-117. Action against insurer or guarantor. (1) The state may assert a cause of action directly against an insurer or guarantor of an owner or operator if: (a) a cause of action exists against an owner or operator of a treatment, storage, or disposal facility, based upon conduct for which […]
Affected by 63I-1-219 on 7/1/2029 19-6-117.5. Applicability of fees for treatment or disposal of waste. Waste that is subject to more than one fee under Section 19-6-118, 19-6-118.5, or 19-6-119 is subject only to the highest applicable fee. Enacted by Chapter 10, 2005 General Session
Affected by 63I-1-219 on 7/1/2029 Effective 5/14/2019 19-6-118. Hazardous waste and treated hazardous waste disposal fees. (1) (a) An owner or operator of any commercial hazardous waste or mixed waste disposal or treatment facility that primarily receives hazardous or mixed wastes generated by off-site sources not owned, controlled, or operated by the facility or site […]
Affected by 63I-1-219 on 7/1/2029 19-6-118.5. PCB disposal fee. (1) (a) On or after July 1, 2010, but on or before June 30, 2011, the owner or operator of a waste facility shall pay a fee of $4.75 per ton on all wastes containing polychlorinated biphenyls (PCBs) that are: (i) regulated under 15 U.S.C. Sec. […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/5/2021 19-6-119. Nonhazardous solid waste disposal fees. (1) (a) Through December 31, 2018, and except as provided in Subsection (4), the owner or operator of a commercial nonhazardous solid waste disposal facility or incinerator shall pay the following fees for waste received for treatment or disposal at the facility […]
Affected by 63I-1-219 on 7/1/2029 Effective 5/12/2020 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 […]
