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S.B. 24
1
WASTE AMENDMENTS
2
2005 GENERAL SESSION
3
STATE OF UTAH
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Sponsor: Curtis S. Bramble
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LONG TITLE
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General Description:
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This bill modifies the Environmental Quality Code and the Radioactive Waste Tax Act
9
to amend provisions relating to waste.
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Highlighted Provisions:
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This bill:
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. requires the Solid and Hazardous Waste Control Board to review and report to the
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Legislature every five years:
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. the adequacy of the amount of financial assurance required for closure and
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postclosure care of a commercial hazardous waste treatment, storage, or
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disposal facility;
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. whether funds or financial assurance are necessary for perpetual care and
18
maintenance of a commercial hazardous waste treatment, storage, or disposal
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facility and the adequacy of those funds or financial assurance, if found
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necessary; and
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. the adequacy of any funds or financial assurance required to cover certain costs;
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. expands the scope of the Radiation Control Board's review of the Radioactive
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Waste Perpetual Care and Maintenance Fund to include:
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. a review of the adequacy of the fund to cover certain costs; and
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. a review of the amount of financial assurance required for closure and
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postclosure of a commercial radioactive waste treatment or disposal facility;
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. increases the penalty amount per day for violating a provision of the Solid and
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Hazardous Waste Act;
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. provides that the owner or operator of certain waste facilities, rather than the
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generator, is liable for certain fees;
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. clarifies that fees for certain waste shall be determined by multiplying the fee
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amount by the waste volume or curie calculated to the first decimal place;
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. clarifies that certain wastes are subject to only one fee if multiple fees apply;
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. requires the owner or operator of a facility receiving waste containing PCBs to
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submit a form with the disposal fees and requires the Department of Environmental
36
Quality to make rules specifying the information required in the form;
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. imposes gross receipts taxes on mixed waste disposal received from certain
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governmental entity or agent contracts; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-3-106, as last amended by Chapter 295, Laws of Utah 2003
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19-3-106.2, as enacted by Chapter 314, Laws of Utah 2001
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19-6-113, as last amended by Chapter 198, Laws of Utah 1996
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19-6-118, as last amended by Chapter 311, Laws of Utah 2004
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19-6-118.5, as enacted by Chapter 200, Laws of Utah 1993
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19-6-119, as last amended by Chapter 311, Laws of Utah 2003
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59-24-103.5, as last amended by Chapter 334, Laws of Utah 2004
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ENACTS:
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19-1-307, Utah Code Annotated 1953
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19-6-117.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
19-1-307
is enacted to read:
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19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenance
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for hazardous waste and radioactive waste treatment and disposal facilities -- Report.
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(1) (a) Beginning in 2006, the Solid and Hazardous Waste Control Board created in
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Section
19-1-106
shall direct an evaluation every five years of:
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(i) the adequacy of the amount of financial assurance required for closure and
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postclosure care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted
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pursuant to a hazardous waste operation plan for a commercial hazardous waste treatment,
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storage, or disposal facility under Section
19-6-108
; and
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(ii) the adequacy of the amount of financial assurance or funds required for perpetual
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care and maintenance following the closure and postclosure period of a commercial hazardous
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waste treatment, storage, or disposal facility, if found necessary following the evaluation under
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Subsection (1)(c).
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(b) The evaluation shall determine:
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(i) whether the amount of financial assurance required is adequate for closure and
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postclosure care of hazardous waste treatment, storage, or disposal facilities;
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(ii) whether the amount of financial assurance or funds required is adequate for
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perpetual care and maintenance following the closure and postclosure period of a commercial
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hazardous waste treatment, storage, or disposal facility, if found necessary following the
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evaluation under Subsection (1)(c); and
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(iii) the costs above the minimal maintenance and monitoring for reasonable risks that
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may occur during closure, postclosure, and perpetual care and maintenance of commercial
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hazardous waste treatment, storage, or disposal facilities including:
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(A) groundwater corrective action;
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(B) differential settlement failure; or
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(C) major maintenance of a cell or cells.
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(c) The Solid and Hazardous Waste Control Board shall evaluate in 2006 whether
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financial assurance or funds are necessary for perpetual care and maintenance following the
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closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal
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facility to protect human health and the environment.
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(2) (a) Beginning in 2006, the Radiation Control Board created in Section
19-1-106
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shall direct an evaluation every five years of:
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(i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Fund; and
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(ii) the adequacy of the amount of financial assurance required for closure and
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postclosure care of commercial radioactive waste treatment or disposal facilities under
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Subsection
19-3-104
(12).
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(b) The evaluation shall determine:
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(i) whether the fund is adequate to provide for perpetual care and maintenance of
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commercial radioactive waste treatment or disposal facilities;
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(ii) whether the amount of financial assurance required is adequate to provide for
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closure and postclosure care of commercial radioactive waste treatment or disposal facilities;
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(iii) the costs under Subsection
19-3-106.2
(5)(b) of using the Radioactive Waste
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Perpetual Care and Maintenance Fund during the period before the end of 100 years following
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final closure of the facility for maintenance, monitoring, or corrective action in the event that
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the owner or operator is unwilling or unable to carry out the duties of postclosure maintenance,
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monitoring, or corrective action; and
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(iv) the costs above the minimal maintenance and monitoring for reasonable risks that
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may occur during closure, postclosure, and perpetual care and maintenance of commercial
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radioactive waste treatment or disposal facilities including:
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(A) groundwater corrective action;
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(B) differential settlement failure; or
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(C) major maintenance of a cell or cells.
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(3) The boards under Subsections (1) and (2) shall submit a joint report on the
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evaluations to the Legislative Management Committee on or before October 1 of the year in
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which the report is due.
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Section 2.
Section
19-3-106
is amended to read:
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19-3-106. Fee for commercial radioactive waste disposal or treatment.
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(1) (a) An owner or operator of a commercial radioactive waste treatment or disposal
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facility that receives radioactive waste shall [collect] pay a fee [from the generator of the waste]
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as provided in Subsection (1)(b).
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[(b) (i) On and after July 1, 1994 through June 30, 2001, the fee is $2.50 per ton, or
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fraction of a ton, of radioactive waste, other than byproduct material, received at the facility for
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disposal or treatment.]
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[(ii) On and after July 1, 2001 through June 30, 2003, the fee is equal to the sum of the
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following amounts:]
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[(A) 10 cents per cubic foot, or fraction of a cubic foot, of radioactive waste, other than
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byproduct material, received at the facility for disposal or treatment; and]
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[(B) $1 per curie, or fraction of a curie, of radioactive waste, other than byproduct
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material, received at the facility for disposal or treatment.]
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[(iii)] (b) (i) On and after July 1, 2003 through June 30, 2005, the fee is equal to the
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sum of the following amounts:
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(A) 15 cents per cubic foot, or fraction of a cubic foot, of radioactive waste, other than
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byproduct material, received at the facility for disposal or treatment; and
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(B) $1 per curie, or fraction of a curie, of radioactive waste, other than byproduct
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material, received at the facility for disposal or treatment.
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(ii) On and after July 1, 2005, the fee is equal to the sum of the following amounts:
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(A) 15 cents per cubic foot of radioactive waste, other than 11e.(2) byproduct material,
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received at the facility for disposal or treatment; and
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(B) $1 per curie of radioactive waste, other than 11e.(2) byproduct material, received at
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the facility for disposal or treatment.
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(2) (a) The portion of the fee required under Subsection (1)(b)(ii)(A) shall be
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calculated by multiplying the total cubic feet of waste, computed to the first decimal place,
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received during the calendar month by 15 cents.
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(b) The portion of the fee required in Subsection (1)(b)(ii)(B) shall be calculated by
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multiplying the total curies of waste, computed to the first decimal place, received during the
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calendar month by $1.
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[(2)] (3) (a) The owner or operator shall remit the fees imposed under this section to
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the department on or before the 15th day of the month following the month in which the fee
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accrued.
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(b) The department shall deposit all fees received under this section into the
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Environmental Quality Restricted Account created in Section
19-1-108
.
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(c) The owner or operator shall submit to the department with the payment of the fee
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under this Subsection [(2)] (3) a completed form as prescribed by the department that provides
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information the department requires to verify the amount of waste received and the fee amount
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for which the owner or operator is liable.
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[(3)] (4) The Legislature shall appropriate to the department funds to cover the cost of
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radioactive waste disposal supervision.
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(5) Radioactive waste that is subject to a fee under this section is not subject to a fee
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under Section
19-6-119
.
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Section 3.
Section
19-3-106.2
is amended to read:
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19-3-106.2. Fee for perpetual care and maintenance of commercial radioactive
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waste disposal facilities -- Radioactive Waste Perpetual Care and Maintenance Fund
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created -- Contents -- Use of fund monies -- Evaluation.
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(1) As used in this section, "perpetual care and maintenance" means perpetual care and
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maintenance of a commercial radioactive waste treatment or disposal facility, excluding sites
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within the facility used for the disposal of byproduct material, as required by applicable laws,
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rules, and license requirements beginning 100 years after the date of final closure of the
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facility.
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(2) (a) On and after July 1, 2002, the owner or operator of an active commercial
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radioactive waste treatment or disposal facility shall pay an annual fee of $400,000 to provide
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for the perpetual care and maintenance of the facility.
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(b) The owner or operator shall remit the fee to the department on or before July 1.
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(3) The department shall deposit fees received under Subsection (2) into the
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Radioactive Waste Perpetual Care and Maintenance Fund created in Subsection (4).
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(4) (a) There is created the Radioactive Waste Perpetual Care and Maintenance Fund to
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finance perpetual care and maintenance of commercial radioactive waste treatment or disposal
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facilities, excluding sites within those facilities used for the disposal of byproduct material.
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(b) The sources of revenue for the fund are:
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(i) the fee imposed under this section; and
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(ii) investment income derived from money in the fund.
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(c) (i) The revenues for the fund shall be segregated into subaccounts for each
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commercial radioactive waste treatment or disposal facility covered by the fund.
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(ii) Each subaccount shall contain:
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(A) the fees paid by each owner or operator of a commercial radioactive waste
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treatment or disposal facility; and
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(B) the associated investment income.
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(5) The Legislature may appropriate money from the Radioactive Waste Perpetual Care
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and Maintenance Fund for:
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(a) perpetual care and maintenance of a commercial radioactive waste treatment or
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disposal facility, excluding sites within the facility used for the disposal of byproduct material,
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beginning 100 years after the date of final closure of the facility; or
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(b) maintenance or monitoring of, or implementing corrective action at, a commercial
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radioactive waste treatment or disposal facility, excluding sites within the facility used for the
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disposal of byproduct material, before the end of 100 years after the date of final closure of the
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facility, if:
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(i) the owner or operator is unwilling or unable to carry out postclosure maintenance,
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monitoring, or corrective action; and
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(ii) the financial surety arrangements made by the owner or operator, including any
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required under applicable law, are insufficient to cover the costs of postclosure maintenance,
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monitoring, or corrective action.
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(6) The money appropriated from the Radioactive Waste Perpetual Care and
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Maintenance Fund for the purposes specified in Subsection (5)(a) or (5)(b) at a particular
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commercial radioactive waste treatment or disposal facility may be appropriated only from the
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subaccount established under Subsection (4)(c) for the facility.
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(7) The attorney general shall bring legal action against the owner or operator or take
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other steps to secure the recovery or reimbursement of the costs of maintenance, monitoring, or
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corrective action, including legal costs, incurred pursuant to Subsection (5)(b).
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(8) [(a)] The board shall direct an evaluation of the adequacy of the [Radioactive Waste
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Perpetual Care and Maintenance Fund every five years, beginning in 2006. The evaluation
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shall determine whether the fund is adequate to provide for perpetual care and maintenance of
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commercial radioactive waste treatment or disposal facilities] fund as required under Section
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19-1-307.
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[(b) The board shall submit a report on the evaluation to the Legislative Management
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Committee on or before October 1 of the year in which the report is due.]
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(9) This section does not apply to a uranium mill licensed under 10 C.F.R. Part 40,
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Domestic Licensing of Source Material.
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Section 4.
Section
19-6-113
is amended to read:
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19-6-113. Violations -- Penalties -- Reimbursement for expenses.
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(1) As used in this section, "RCRA" means the Resource Conservation and Recovery
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Act, 42 U.S.C. Section 6901, et seq.
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(2) Any person who violates any order, plan, rule, or other requirement issued or
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adopted under this part is subject in a civil proceeding to a penalty of not more than [$10,000]
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$13,000 per day for each day of violation.
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(3) On or after July 1, 1990, no person shall knowingly:
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(a) transport or cause to be transported any hazardous waste identified or listed under
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this part to a facility that does not have a hazardous waste operation plan or permit under this
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part or RCRA;
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(b) treat, store, or dispose of any hazardous waste identified or listed under this part:
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(i) without having obtained a hazardous waste operation plan or permit as required by
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this part or RCRA;
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(ii) in knowing violation of any material condition or requirement of a hazardous waste
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operation plan or permit; or
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(iii) in knowing violation of any material condition or requirement of any rules or
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regulations under this part or RCRA;
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(c) omit material information or make any false material statement or representation in
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any application, label, manifest, record, report, permit, operation plan, or other document filed,
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maintained, or used for purposes of compliance with this part or RCRA or any rules or
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regulations made under this part or RCRA; and
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(d) transport or cause to be transported without a manifest, any hazardous waste
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identified or listed under this part and required by rules or regulations made under this part or
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RCRA to be accompanied by a manifest.
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(4) (a) (i) Any person who knowingly violates any provision of Subsection (3)(a) or (b)
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is guilty of a felony.
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(ii) Notwithstanding Sections
76-3-203
,
76-3-301
, and
76-3-302
, a person convicted of
242
a felony under Subsection (3)(a) or (b) is subject to a fine of not more than $50,000 for each
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day of violation, or imprisonment for a term not to exceed five years, or both.
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(iii) If a person is convicted of a second or subsequent violation under Subsection
245
(3)(a) or (b), the maximum punishment is double both the fine and the term of imprisonment
246
authorized in Subsection (4)(a)(ii).
247
(b) (i) Any person who knowingly violates any of the provisions of Subsection (3)(c) or
248
(d) is guilty of a felony.
249
(ii) Notwithstanding Sections
76-3-203
,
76-3-301
, and
76-3-302
, a person convicted of
250
a felony for a violation of Subsection (3)(c) or (d) is subject to a fine of not more than $50,000
251
for each day of violation, or imprisonment for a term not to exceed two years, or both.
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(iii) If a person is convicted of a second or subsequent violation under Subsection
253
(3)(c) or (d), the maximum punishment is double both the fine and the imprisonment
254
authorized in Subsection (4)(b)(ii).
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(c) (i) Any person who knowingly transports, treats, stores, or disposes of any
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hazardous waste identified or listed under this part in violation of Subsection (3)(a), (b), (c), or
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(d), who knows at that time that he thereby places another person in imminent danger of death
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or serious bodily injury is guilty of a felony.
259
(ii) Notwithstanding Sections
76-3-203
,
76-3-301
, and
76-3-302
, a person convicted of
260
a felony described in Subsection (4)(c)(i) is subject to a fine of not more than $250,000 or
261
imprisonment for a term not to exceed 15 years, or both.
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(iii) A corporation, association, partnership, or governmental instrumentality, upon
263
conviction of violating Subsection (4)(c)(i), is subject to a fine of not more than $1,000,000.
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(5) (a) Except as provided in Subsections (5)(b) and (c) and Section
19-6-722
, all
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penalties assessed and collected under authority of this section shall be deposited in the
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General Fund.
267
(b) The department may reimburse itself and local governments from monies collected
268
from civil penalties for qualifying extraordinary expenses incurred in qualifying environmental
269
enforcement activities.
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(c) Notwithstanding the provisions of Section
78-3-14.5
, the department may
271
reimburse itself and local governments from monies collected from criminal fines for
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qualifying extraordinary expenses incurred in prosecutions for violations of this part.
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(d) The department shall regulate reimbursements by making rules that define:
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(i) qualifying environmental enforcement activities; and
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(ii) qualifying extraordinary expenses.
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(6) Prosecution for criminal violations of this part may be commenced by the attorney
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general, the county attorney, or the district attorney as appropriate under Section
17-18-1
or
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17-18-1.7
in any county where venue is proper.
279
Section 5.
Section
19-6-117.5
is enacted to read:
280
19-6-117.5. Applicability of fees for treatment or disposal of waste.
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Waste that is subject to more than one fee under Section
19-6-118
,
19-6-118.5
, or
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19-6-119
is subject only to the highest applicable fee.
283
Section 6.
Section
19-6-118
is amended to read:
284
19-6-118. Hazardous waste and treated hazardous waste disposal fees.
285
(1) (a) An owner or operator of any commercial hazardous waste or mixed waste
286
disposal or treatment facility that primarily receives hazardous or mixed wastes generated by
287
off-site sources not owned, controlled, or operated by the facility or site owner or operator, and
288
that is subject to the requirements of Section
19-6-108
, shall [collect] pay the fee under
289
Subsection (2) [from the generator].
290
(b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or
291
industrial furnace that receives for burning hazardous waste generated by off-site sources not
292
owned, controlled, or operated by the owner or operator [is subject to] shall pay the fee under
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Subsection (2).
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(2) (a) [The] Through June 30, 2005, the owner or operator of each facility under
295
Subsection (1) shall collect from the generators of hazardous waste and mixed waste a fee of
296
$28 per ton or fraction of a ton on all hazardous waste and mixed waste received at the facility
297
or site for disposal, treatment, or both.
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(b) On and after July 1, 2005, the owner or operator of each facility under Subsection
299
(1) shall pay a fee of $28 per ton on all hazardous waste and mixed waste received at the
300
facility for disposal, treatment, or both.
301
(c) The fee required under Subsection (2)(b) shall be calculated by multiplying the total
302
tonnage of waste, computed to the first decimal place, received during the calendar month by
303
$28.
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[(b)] (d) When hazardous waste or mixed waste is received at a facility for treatment or
305
disposal and the fee required under this Subsection (2) is paid for that treatment or disposal,
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any subsequent treatment or disposal of the waste is not subject to additional fees under this
307
Subsection (2).
308
[(c)] (e) (i) On and after July 1, 1997 through June 30, 2003, and on and after April 1,
309
2004 through June 30, 2005, hazardous waste received at a land disposal facility is subject to a
310
fee of $14 per ton or fraction of a ton, rather than the $28 fee under Subsection (2)(a), if the
311
waste is treated so that it:
312
(A) meets the state treatment standards required for land disposal at the facility; or
313
(B) is no longer a hazardous waste at the time of disposal at that facility.
314
(ii) On and after July 1, 2003, through March 31, 2004, hazardous waste received at a
315
land disposal facility for treatment and disposal is subject to the $28 fee imposed under
316
Subsection (2)(a).
317
(f) (i) On and after July 1, 2005, hazardous waste received at a land disposal facility is
318
subject to a fee of $14 per ton if the waste is treated so that it:
319
(A) meets the state treatment standards required for land disposal at the facility; or
320
(B) is no longer a hazardous waste at the time of disposal at that facility.
321
(ii) The fee required under Subsection (2)(f)(i) shall be calculated by multiplying the
322
tonnage of waste, computed to the first decimal place, received during the calendar month by
323
$14.
324
[(d)] (g) (i) The department shall allocate at least 10% of the fees received from a
325
facility under this section to the county in which the facility is located.
326
(ii) The county may use fees allocated under [Subsection] Subsections (2)[(c)] (e) and
327
(f) to carry out its hazardous waste monitoring and response programs.
328
[(e)] (h) The department shall deposit the state portion of the fees received under this
329
section into the restricted account created in Section
19-1-108
.
330
(3) (a) The owner or operator shall pay the fees imposed under [Subsection (1)] this
331
section to the department on or before the 15th day of the month following the month in which
332
the fee accrued.
333
(b) With the monthly fee, the owner or operator shall submit a completed form, as
334
prescribed by the department, specifying information required by the department to verify the
335
amount of waste received and the fee amount for which the owner or operator is liable.
336
(4) (a) The department shall oversee and monitor hazardous waste treatment, disposal,
337
and incineration facilities, including federal government facilities located within the state.
338
(b) The department may determine facility oversight priorities.
339
(5) (a) The department, in preparing its budget for the governor and the Legislature,
340
shall separately indicate the amount necessary to administer the hazardous waste program
341
established by this part.
342
(b) The Legislature shall appropriate the costs of administering this program.
343
(6) The Office of Legislative Fiscal Analyst shall monitor the fees collected under this
344
part.
345
(7) Mixed waste subject to a fee under this section is not subject to a fee under Section
346
19-3-106
.
347
Section 7.
Section
19-6-118.5
is amended to read:
348
19-6-118.5. PCB disposal fee.
349
(1) On and after July 1, 1993 through June 30, 2005, a fee of $4.75 per ton or fraction
350
of a ton is imposed on all wastes containing polychlorinated biphenyls (PCBs) that are
351
regulated under 15 U.S.C.A. 2605, and that are received at a facility for disposal or treatment.
352
[(2) This section regarding waste containing PCBs and the fee imposed in this section
353
is in lieu of any fee imposed on nonhazardous solid waste under Section
19-6-119
, as described
354
in Subsection (1).]
355
(2) On and after July 1, 2005, a fee of $4.75 per ton is imposed on all wastes
356
containing polychlorinated biphenyls (PCBs) that are:
357
(a) regulated under 15 U.S.C.A. 2605; and
358
(b) received at a facility for disposal or treatment.
359
(3) (a) The owner or operator of a facility receiving PCBs for disposal or treatment
360
shall pay the fees imposed under Subsection (1) or (2) to the department on or before the 15th
361
day of the calendar month following the month in which the fee accrued.
362
(b) The owner or operator shall submit a completed form, as prescribed by the
363
department, with the monthly fee under Subsection (3)(a).
364
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
365
department shall make rules specifying the information required to verify the amount of waste
366
received and the fee amount for which the owner or operator is liable on the form required
367
under Subsection (3)(b).
368
[(3)] (4) The fees collected under this section shall be managed by the same procedure
369
as under Subsection
19-6-119
(3) regarding nonhazardous solid waste.
370
[(4)] (5) The Legislature shall appropriate to the department the cost of administering
371
the program.
372
(6) Waste that is subject to a fee under this section is not subject to a fee under Section
373
19-3-106
even if the waste also contains radioactive materials.
374
Section 8.
Section
19-6-119
is amended to read:
375
19-6-119. Nonhazardous solid waste disposal fee.
376
(1) (a) An owner or operator of any commercial nonhazardous solid waste disposal
377
facility or incinerator, or any commercial facility, except for facilities that receive the following
378
wastes solely for the purpose of recycling, reuse, or reprocessing, that accepts for treatment or
379
disposal, and with the intent to make a profit, fly ash waste, bottom ash waste, slag waste, or
380
flue gas emission control waste generated primarily from the combustion of coal or other fossil
381
fuels; waste from the extraction, beneficiation, and processing of ores and minerals, or cement
382
kiln dust wastes for treatment or disposal, that is required to have a plan approval under
383
Section
19-6-108
, and that primarily receives waste generated by off-site sources not owned,
384
controlled, or operated by the facility or site owner or operator, shall pay the following fees per
385
ton or fraction of a ton, on all nonhazardous solid waste that is received at the facility or site for
386
disposal:
387
[(i) on and after July 1, 1992, through June 30, 1993, a fee of $1.50 per ton or fraction
388
of a ton on all nonhazardous solid waste received at the facility or site for disposal or
389
treatment;]
390
[(ii) on and after July 1, 1993, through June 30, 1994, a fee of $2.00 per ton or fraction
391
of a ton on all nonhazardous solid waste received at the facility or site for disposal or treatment;
392
and]
393
[(iii)] (i) on and after July 1, 1994 through June 30, 2005, a fee of $2.50 per ton or
394
fraction of a ton on all nonhazardous solid waste received at the facility or site for disposal or
395
treatment[.]; and
396
(ii) on and after July 1, 2005, a fee of $2.50 per ton on all nonhazardous solid waste
397
received at the facility or site for disposal or treatment.
398
(b) When nonhazardous solid waste, fly ash waste, bottom ash waste, slag waste, or
399
flue gas emission control waste generated primarily from the combustion of coal or other fossil
400
fuels; waste from the extraction, beneficiation, and processing of ores and minerals, or cement
401
kiln dust wastes, is received at a facility for treatment or disposal and the fee required under
402
Subsection (1)(a) is paid for that treatment or disposal, any subsequent treatment or disposal of
403
the waste is not subject to additional fees under Subsection (1)(a).
404
(c) (i) On and after January 1, 2004 through June 30, 2005, an owner or operator of any
405
commercial nonhazardous solid waste disposal facility that receives only construction and
406
demolition waste shall pay a fee of 50 cents per ton, or fraction of a ton, on any construction
407
and demolition waste received at the facility or site for disposal.
408
(ii) On and after July 1, 2005, an owner or operator of any commercial nonhazardous
409
solid waste disposal facility that receives only construction and demolition waste shall pay a
410
fee of 50 cents per ton on any construction and demolition waste received at the facility or site
411
for disposal.
412
[(ii) An] (iii) Through June 30, 2005, an owner or operator of any commercial
413
nonhazardous solid waste disposal facility that receives municipal waste, including municipal
414
incinerator ash shall pay a fee of 50 cents per ton, or fraction of a ton, on all municipal waste,
415
including municipal incinerator ash, that is received at the facility or site for disposal.
416
(iv) On and after July 1, 2005, an owner or operator of any commercial nonhazardous
417
solid waste disposal facility that receives municipal waste, including municipal incinerator ash,
418
shall pay a fee of 50 cents per ton on all municipal waste, including municipal incinerator ash,
419
that is received at the facility or site for disposal.
420
[(iii)] (v) On and after January 1, 2004 through June 30, 2005, the owner or operator of
421
any facility under Subsection
19-6-102
(3)[(a)](b)(iii) shall pay a fee of 50 cents per ton, or
422
fraction of a ton, on all municipal waste received at the facility or site for disposal.
423
(vi) On and after July 1, 2005, the owner or operator of any facility under Subsection
424
19-6-102
(3)(b)(iii) shall pay a fee of 50 cents per ton on all municipal waste received at the
425
facility or site for disposal.
426
(d) Facilities subject to the fee under Subsections (1)(c)(i)[, (ii), and (iii)] through (iv)
427
are not subject to the fee under Subsection (1)(a).
428
(e) On and after July 1, 2005, the fees due under this Subsection (1) shall be calculated
429
by multiplying the total tonnage of waste, computed to the first decimal place, received during
430
the calendar month by the required fee rate.
431
(2) (a) The owner or operator of a commercial nonhazardous solid waste disposal
432
facility or incinerator shall pay to the department all fees imposed under this section on or
433
before the 15th day of the month following the month in which the fee accrued.
434
(b) With the monthly fee, the owner or operator shall submit a completed form, as
435
prescribed by the department, specifying information required by the department to verify the
436
amount of waste received and the fee amount for which the owner or operator is liable.
437
(c) The department shall deposit all fees received under this section into the restricted
438
account created in Section
19-1-108
.
439
(3) (a) The department, in preparing its budget for the governor and the Legislature,
440
shall separately indicate the amount necessary to administer the solid waste program
441
established by this part.
442
(b) The Legislature shall appropriate the costs of administering this program.
443
(c) The department may contract or agree with a county to assist in performing
444
nonhazardous solid waste management activities, including agreements for:
445
(i) the development of a solid waste management plan required under Section
446
17-15-23
; and
447
(ii) pass-through of available funding.
448
(4) This section may not be construed to exempt any facility from applicable regulation
449
under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.
450
(5) (a) Each waste facility that is owned by a political subdivision and operated solely
451
for the purpose of receiving waste generated within that political subdivision shall pay an
452
annual facility fee. The fee shall be paid to the department on or before January 15 of each
453
year. The fee is:
454
(i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
455
waste each year;
456
(ii) $1,450 if the facility receives10,000 or more but fewer than 20,000 tons of
457
municipal waste each year;
458
(iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
459
municipal waste each year;
460
(iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
461
municipal waste each year;
462
(v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
463
municipal waste each year;
464
(vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
465
municipal waste each year; and
466
(vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
467
year.
468
(b) The department shall deposit all fees received under this Subsection (5) into the
469
Environmental Quality Restricted Account created in Section
19-1-108
.
470
(c) Municipal waste subject to the facility fee under this Subsection (5) is not subject to
471
the fee under Subsection [
9-6-119
](1)(c).
472
Section 9.
Section
59-24-103.5
is amended to read:
473
59-24-103.5. Radioactive waste disposal, processing, and recycling facility tax.
474
(1) On and after July 1, 2003, there is imposed a tax on a radioactive waste facility, or a
475
processing or recycling facility, as provided in this chapter.
476
(2) The tax is equal to the sum of the following amounts:
477
(a) 12% of the gross receipts of a radioactive waste facility derived from the disposal of
478
containerized class A waste;
479
(b) 10% of the gross receipts of a radioactive waste facility derived from the disposal
480
of processed class A waste;
481
(c) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
482
uncontainerized, unprocessed class A waste from a governmental entity or an agent of a
483
governmental entity:
484
(i) pursuant to a contract entered into on or after April 30, 2001;
485
(ii) pursuant to a contract substantially modified on or after April 30, 2001;
486
(iii) pursuant to a contract renewed or extended on or after April 30, 2001; or
487
(iv) not pursuant to a contract;
488
(d) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
489
uncontainerized, unprocessed class A waste received by the facility from an entity other than a
490
governmental entity or an agent of a governmental entity;
491
(e) [(i)] 5% of the gross receipts of a radioactive waste facility derived from the
492
disposal of mixed waste, other than the mixed waste described in Subsection (2)[(e)(ii)](f),
493
received from:
494
(i) an entity other than a governmental entity or an agent of a governmental entity; or
495
(ii) a governmental entity or an agent of a governmental entity:
496
(A) pursuant to a contract entered into on or after April 30, 2005;
497
(B) pursuant to a contract substantially modified on or after April 30, 2005;
498
(C) pursuant to a contract renewed or extended on or after April 30, 2005; or
499
(D) not pursuant to a contract;
500
[(ii)] (f) 10% of the gross receipts of a radioactive waste facility derived from the
501
disposal of mixed waste:
502
(i) (A) received from an entity other than a governmental entity or an agent of a
503
governmental entity; [and] or
504
(B) received from a governmental entity or an agent of a governmental entity:
505
(I) pursuant to a contract entered into on or after April 30, 2005;
506
(II) pursuant to a contract substantially modified on or after April 30, 2005;
507
(III) pursuant to a contract renewed or extended on or after April 30, 2005; or
508
(IV) not pursuant to a contract; and
509
[(B)] (ii) that contains a higher radionuclide concentration level than the mixed waste
510
received by any radioactive waste facility in the state prior to April 1, 2004;
511
[(f)] (g) 10 cents per cubic foot of alternate feed material received at a radioactive
512
waste facility for disposal or reprocessing; and
513
[(g)] (h) 10 cents per cubic foot of byproduct material received at a radioactive waste
514
facility for disposal.
515
(3) For purposes of the tax imposed by this section, a fraction of a cubic foot is
516
considered to be a full cubic foot.
517
(4) Except as provided in [Subsection] Subsections (2)(e) and (2)(f), the tax imposed
518
by this section does not apply to radioactive waste containing material classified as hazardous
519
waste under 40 C.F.R. Part 261.
Legislative Review Note
as of 12-7-04 8:43 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-08-04 9:45 AM
The Natural Resources, Agriculture, and Environment Interim Committee recommended this
bill.
Legislative Committee Note
as of 12-08-04 9:45 AM
The Hazardous Waste Regulation and Tax Policy Task Force recommended this bill.
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