19-6-120 - New hazardous waste operation plans -- Designation of hazardous waste facilities -- Fees for filing and plan review. - Utah Statutes

19-6-120. New hazardous waste operation plans -- Designation of hazardous wastefacilities -- Fees for filing and plan review.
(1) For purposes of this section, the following items shall be treated as submission of anew hazardous waste operation plan:
(a) the submission of a revised hazardous waste operation plan specifying a differentgeographic site than a previously submitted plan;
(b) an application for modification of a commercial hazardous waste incinerator if theconstruction or the modification would increase the commercial hazardous waste incineratorcapacity above the capacity specified in the operation plan as of January 1, 1990, or the capacityspecified in the operation plan application as of January 1, 1990, if no operation plan approvalhas 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 boundariesof the property owned or controlled by the applicant, as shown in the application or approvedoperation plan as of January 1, 1990, or the initial approved operation plan if initial approval issubsequent to January 1, 1990.
(2) Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnagespecified for the trial burn in the operation plan or the operation plan application if no operationplan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours.
(3) (a) Hazardous waste facilities that are subject to payment of fees under this section orSection 19-1-201 for plan reviews under Section 19-6-108 shall be designated by the departmentas either class I, class II, class III, or class IV facilities.
(b) The department shall designate commercial hazardous waste facilities containingeither landfills, surface impoundments, land treatment units, thermal treatment units,incinerators, or underground injection wells, which primarily receive wastes generated by off-sitesources not owned, controlled, or operated by the facility owner or operator, as class I facilities.
(4) The maximum fee for filing and review of each class I facility operation plan is$200,000, and is due and payable as follows:
(a) 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 issuance by the executive secretary of a notice of completeness under Section19-6-108, the owner or operator of the facility shall pay to the department an additionalnonrefundable sum of $50,000.
(c) The department shall bill the owner or operator of the facility for any additionalactual costs of plan review, up to an additional $100,000.
(5) (a) The department shall designate hazardous waste incinerators that primarilyreceive wastes generated by sources owned, controlled, or operated by the facility owner oroperator as class II facilities.
(b) The maximum fee for filing and review of each class II facility operation plan is$150,000, and shall be due and payable as follows:
(i) The owner or operator of a class II facility shall, at the time of filing for plan reviewunder Section 19-6-108, pay to the department the nonrefundable sum of $50,000.
(ii) The department shall bill the owner or operator of the facility for any additionalactual costs of plan review, up to an additional $100,000.
(6) (a) The department shall designate hazardous waste facilities containing either

landfills, surface impoundments, land treatment units, thermal treatment units, or undergroundinjection wells, that primarily receive wastes generated by sources owned, controlled, or operatedby the facility owner or operator, as class III facilities.
(b) The maximum fee for filing and review of each class III facility operation plan is$100,000 and is due and payable as follows:
(i) The owner or operator shall, at the time of filing for plan review, pay to thedepartment the nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of each class III facility for actualcosts of operation plan review, up to an additional $99,000.
(7) (a) All other hazardous waste facilities are designated as class IV facilities.
(b) The maximum fee for filing and review of each class IV facility operation plan is$50,000 and is due and payable as follows:
(i) The owner or operator shall, at the time of filing for plan review, pay to thedepartment the nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of each class IV facility for actualcosts of operation plan review, up to an additional $49,000.
(8) (a) The maximum fee for filing and review of each major modification plan andmajor closure plan for a class I, class II, or class III facility is $50,000 and is due and payable asfollows:
(i) The owner or operator shall, at the time of filing for that review, pay to the departmentthe nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of the hazardous waste facility foractual costs of the review, up to an additional $49,000.
(b) The maximum fee for filing and review of each minor modification and minorclosure plan for a class I, class II, or class III facility, and of any modification or closure plan fora class IV facility, is $20,000, and is due and payable as follows:
(i) The owner or operator shall, at the time of filing for that review, pay to the departmentthe nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of the hazardous waste facility foractual 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 burnschedule 90 days prior 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. Thedepartment shall apply the fee to the costs of the review and processing of each trial or test burnplan, trial or test burn, and trial or test burn data report. The department shall bill the owner oroperator 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 thetime 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 timeperiods for a class II facility operation plan by paying, at the time of filing for plan review, themaximum 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 majormodification plan or a major closure plan may obtain a plan review within the time periods for aclass 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 minormodification plan or a minor closure plan, and an owner or operator of a class IV facility whosubmits a modification plan or a closure plan, may obtain a plan review within the time periodsfor a class II facility operation plan by paying, at the time of filing for plan review, the maximumfee for a class III facility operation plan.
(10) All fees received by the department under this section shall be deposited in theGeneral Fund as dedicated credits for hazardous waste plan reviews in accordance withSubsection (12) and Section 19-6-108.
(11) (a) (i) The executive secretary shall establish an accounting procedure thatseparately accounts for fees paid by each owner or operator who submits a hazardous wasteoperation plan for approval under Section 19-6-108 and pays fees for hazardous waste planreviews under this section or Section 19-1-201.
(ii) The executive secretary shall credit all fees paid by the owner or operator to thatowner or operator.
(iii) The executive secretary shall account for costs actually incurred in reviewing eachoperation plan and may only use the fees of each owner or operator for review of that owner oroperator's plan.
(b) If the costs actually incurred by the department in reviewing a hazardous wasteoperation plan of any facility are less than the nonrefundable fee paid by the owner or operatorunder this section, the department may, upon approval or disapproval of the plan by the board orupon withdrawal of the plan by the owner or operator, use any remaining funds that have beencredited to that owner or operator for the purposes of administering provisions of the hazardouswaste programs and activities authorized by this part.
(12) (a) With regard to any review of a hazardous waste operation plan, modificationplan, or closure plan that is pending on April 25, 1988 the executive secretary may assess fees forthat plan review.
(b) The total amount of fees paid by an owner or operator of a hazardous waste facilitywhose plan review is affected by this subsection may not exceed the maximum fees allowableunder this section for the appropriate class of facility.
(13) (a) The department shall maintain accurate records of its actual costs for each planreview under this section.
(b) Those records shall be available for public inspection.

Amended by Chapter 391, 2010 General Session