49-761. Rulemaking authority for solid waste facilities; exemption; financial assurance; recycling facilities A. The department shall adopt rules regarding the storage, processing, treatment and disposal of solid waste as prescribed by subsections B through M of this section. In adopting rules, the department shall consider the nature of the waste streams at the facilities to […]
49-762. Facilities requiring solid waste facility plans; exemption A. The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections 49-762.03 and 49-762.04: 1. Solid waste land disposal facilities except those facilities regulated by 40 Code of Federal Regulations part 257, subpart D […]
49-762.01. Facilities requiring self-certification The owner or operator of all solid waste facilities that are not listed in either section 49-762 or 49-762.02 or are not regulated under 40 Code of Federal Regulations part 257, subpart D or under article 11 of this chapter in a program approved by the United States environmental protection agency […]
49-762.02. Facilities subject to best management practices; rules The following solid waste facilities are subject to best management practices adopted in accordance with section 49-761, subsection H: 1. Transfer facilities that have a daily solid waste throughput of one hundred eighty cubic yards or less. 2. Recycling facilities that are located off site, that are […]
49-762.03. Solid waste facility plan approval A. Except as provided in subsections C and E of this section, the owner or operator of a solid waste facility identified in section 49-762 shall obtain the department’s approval of a solid waste facility plan as follows: 1. For a new solid waste facility and before commencing construction […]
49-762.04. Solid waste facility plan review procedures A. The department shall review and approve or disapprove a solid waste facility plan as follows: 1. Within thirty days after receipt of a solid waste facility plan, the department shall issue a written determination of whether the plan is an administratively complete plan unless the department requests […]
49-762.05. Self-certification procedures; rules A. The owner or operator of a solid waste facility identified in section 49-762.01 shall comply with the self-certification requirements prescribed by this section and rules adopted by the director. B. The owner or operator of a new solid waste facility may be required by rule to submit some or all […]
49-762.06. Changes to solid waste facilities and amended plans A. The department shall adopt rules that establish the criteria to be used in determining the category type of a proposed change to a solid waste facility identified in section 49-762. The categories are as follows: 1. A type I change is an insignificant modification that […]
49-762.07. Notices; exemptions; extensions; enforcement; operating standards A. Except as provided in subsection B of this section, owners or operators of solid waste facilities in operation on September 1, 1996 shall submit to the director by September 1, 1996 a notice that contains the following information: 1. Facility name and mailing address. 2. Legal description […]
49-762.08. Corrective actions; application A. The director, in the absence of applicable corrective action rules adopted pursuant to section 49-761 for solid waste facilities other than solid waste landfills, may require the owner or operator of a solid waste facility to conduct corrective action in response to a release, as defined in section 49-281, from […]
49-763. Inspections A. The department may conduct such inspections of solid waste facilities and sites that store, treat or process recyclable solid waste as are necessary. The department shall give the management agency or the owner or the operator of the facility the opportunity to have its representative accompany the inspector. Within forty-five days after […]
49-763.01. Variances Within ninety days after receipt of a written request for a variance from a solid waste facility owner, operator or management agency, the department may grant a variance from solid waste management rules and standards if the department concludes that no violation of health standards will occur. The department may consider whether an […]
49-764. Orders; monitoring; pollution control devices A. Except as otherwise provided in section 49-422 and chapter 3, article 3 of this title, the director may require by order the installation of necessary monitoring and pollution control devices at a solid waste facility if the requirements of subsection B of this section have been met. B. […]
49-765. Local regulation of solid waste collection Each county, city or town may establish regulations for private collection of solid waste within its area of jurisdiction, including standards for equipment, hours of operation, license fees and insurance requirements as necessary and appropriate to operate a solid waste collection program. Ordinances or regulations authorized by this […]
49-766. Agricultural landfills; notice A. A single family residence located on a farm or ranch of more than forty acres in an unincorporated area may operate on site a landfill for the disposal of solid waste resulting from the residents’ household activities. The owner or operator of the farm or ranch shall comply with all […]
49-767. Government owned solid waste facilities; permission; notice of site to property owners; hearing; exemption A. Any agency or political subdivision of this state which is required to select or is selecting a possible permanent site for a solid waste facility required to obtain approval pursuant to section 49-762 shall not select a site without […]
49-768. Civil penalties A person who violates a provision of a rule, material permit condition or requirement for approval relating to medical waste is subject to a civil penalty of not more than ten thousand dollars for each day for each violation. The attorney general, at the request of the director, shall file an action […]
49-769. Agency orders; appeal Except as provided in section 41-1092.08, subsection H, any final agency order issued pursuant to this article or article 11 of this chapter is subject to judicial review pursuant to title 12, chapter 7, article 6.
49-770. Financial assurance requirements for solid waste facilities A. Beginning one hundred eighty days after the effective date of the design and operation rules adopted by the director for that type of solid waste facility pursuant to section 49-761 or article 11 of this chapter or after CCR program approval, whichever is later, a solid […]
49-771. Restrictive covenants for solid waste landfills A. The director may grant plan approval for operation of a solid waste landfill only if a restrictive covenant has been placed on the disposal area of the facility. An existing solid waste landfill for which a restrictive covenant is executed before July 1, 1998 is deemed to […]
