19-9-103 - Petition for creation of hazardous waste facilities authority -- Recommendation to governor -- Action by governor. - Utah Statutes

19-9-103. Petition for creation of hazardous waste facilities authority --Recommendation to governor -- Action by governor.
(1) Any person who believes that the treatment, storage, and disposal of hazardous wastewithin the state are not being adequately serviced by private industry may file a petition with theboard seeking the creation and establishment of a hazardous waste facilities authority.
(2) The petition shall be signed by the petitioner and set forth with particularity thereasons petitioner is relying upon in support of the petitioner's conclusion that the hazardouswaste needs are not being satisfied.
(3) Upon the receipt of a petition, and after such public notice of the date and place ofhearing as the board considers appropriate is given, the board shall conduct at least one publichearing on the issues raised by the petitioner.
(4) At the conclusion of the hearing or hearings, the board shall approve or disapprovethe petition. The action of the board shall be supported by written findings of fact which shall beserved upon the petitioner by certified mail.
(5) If the board approves the petition, it shall make a written recommendation to thegovernor that action be taken to create and establish the authority. The governor, within 30 daysafter receipt of the recommendation, shall affirm it or remand the recommendation to the boardfor its reconsideration.
(6) If the recommendation is remanded, the board shall reconsider its action and eitherreapprove or disapprove the petition. If the petition is reapproved, it shall forward a notice of itsreapproval to the governor who shall proceed to create and establish the authority; otherwise, theboard shall forward notice of its disapproval to the petitioner by certified mail.

Renumbered and Amended by Chapter 184, 2003 General Session