Title 49 — The Environment

In this chapter, unless the context otherwise requires: 1. "Administratively complete plan" means an application for a solid waste facility plan approval that the department has determined contains each of the components required by statute or rule but that has not undergone tech…

A. "Solid waste" means any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material. B. The following…

A. The following are exempt from the definition of solid waste: 1. On-site excavated soils that meet, at the on-site location where the soils are to be deposited, applicable predetermined remediation levels adopted by the department pursuant to chapter 1, article 4 of this title …

The department, counties and incorporated cities and towns may accept and expend any funds granted to them or otherwise made available by the federal government, any political subdivision of this state, any agency or branch of the federal or state government, or any private agenc…

A. The department may cooperate with, coordinate or enter into agreements and memoranda of understanding with appropriate federal, state, political subdivision and tribal governments, and with other appropriate persons, both public and private, in carrying out its duties and prom…

This chapter does not prevent any county, city or town from adopting and enforcing any ordinance, resolution or other policy relating to solid waste regulation or solid waste services if such policy is otherwise authorized by statute or charter and is not in conflict with this ch…

The director shall consider and integrate federal and state laws and rules and all of the programs authorized in this chapter and those other programs regulating solid waste management that are administered by the department for purposes of administration and enforcement and shal…

A. The department may establish a general permit for any permit or license issued pursuant to this chapter. The general permit consists of the following: 1. The director may issue by rule a general permit for a defined class of facilities, activities or practices if all of the fo…

The department shall prepare and keep current a statewide solid waste management plan which establishes standards for solid waste facilities in cooperation with facility owners or operators, local governments and management agencies. The department shall notify solid waste manage…

A. The department may provide technical and planning assistance as appropriate to solid waste facility owners or operators and management agencies, including the training of personnel. B. Each county, city or town may render technical assistance as appropriate to the state, count…

A. The department may initiate, conduct and support research, development and demonstration projects and programs directed toward improving solid waste management, resource conservation and resource recovery methods, techniques, systems and facilities, or for preventing or mitiga…

The department may develop criteria in consultation with local governments for the distribution of funds appropriated to county, city or town management agencies or their designated representatives, if funds have been appropriated for this purpose.

Each county, city or town shall: 1. Provide or otherwise ensure proper arrangements are made for public facilities at such intervals and as conveniently as the governing body deems necessary for the safe and sanitary disposal of solid waste generated within its jurisdiction but n…

User fees may be established or waived by a county, city or town to cover all or part of the cost of development, construction, operation, administration and financing of solid waste management activities.

Each county, city or town may require that persons using public facilities provided by it obtain permits if determined necessary for the purpose of regulating, identifying and determining specific categories of waste and waste haulers.

A management agency may permit salvaging, but such salvaging shall be supervised and strictly controlled. Each county, city or town may regulate salvaging of solid waste at any public facility it provides.

Solid waste offered or set out for collection, transportation, storage, disposal or recovery becomes, on acceptance by a management agency or solid waste facility, the sole property of the accepting management agency or solid waste facility.

A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering recycling or solid waste management services to commercial, industrial or multifamily residential properties within or to the municipality. B. The municipality shall p…

A. All solid waste landfills shall be registered annually with the department. B. The director shall establish a procedure for mailing registration forms each year to the owners of all solid waste landfills. The registration is valid for one year after the date of registration. C…

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 be regulate…

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 p…

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…

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 locat…

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 con…

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 …

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…

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 does no…

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. Lega…

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,…

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 repres…

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 stand…

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 be…

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 collecti…

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 wi…

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 obtaining approval of the city or town if t…

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, …

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.

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 waste …

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 have…

A. A solid waste facility that is required to obtain approval pursuant to section 49-762 shall not be issued a permit pursuant to section 49-241, subsection A, receive a plan approval pursuant to section 49-762 or be placed on any site if any of the following applies: 1. An irrig…

A. No person other than a natural person shall dispose of solid waste at a solid waste landfill within the boundaries of this state unless the facility meets the applicable requirements of titles III and IV of the federal water pollution control act amendments of 1972, as amended…

A. If a washout of solid waste from a solid waste landfill occurs, the director shall issue a cease and desist order pursuant to section 49-142 to the owner or the operator of the solid waste landfill and to any person who disposed of solid waste at that landfill. B. The director…

A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter or any condition of a coal combustion residuals permit or solid waste facility plan approval issued pursuant …

A. The director may suspend, amend, withdraw, condition or revoke an approval to operate a solid waste facility if the director determines that the facility is in violation of any rule adopted pursuant to this chapter. B. The suspension, amendment, withdrawal, conditions or revoc…

A. If the director has reason to believe that a person is in violation of any provision of article 3, 4 or 11 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter, any condition of a coal combustion residuals permit or an approved solid waste facility plan …

An action filed pursuant to sections 49-781, 49-782 or 49-783 shall be brought in the superior court for the county in which the alleged violation occurred or in which the department maintains an office.

A. An order issued by the director pursuant to this chapter shall become final unless it is appealed within thirty days of issuance pursuant to title 41, chapter 6, article 10. B. Except as provided in section 41-1092.08, subsection H, a final agency order issued pursuant to this…

A. A person shall not: 1. Practice open burning at a solid waste facility without a variance approval issued by the director. 2. Scavenge at a solid waste facility. 3. Damage or destroy signs posted at a solid waste facility. 4. Dump or dispose of solid waste in violation of this…

In addition to the definitions in 40 Code of Federal Regulations, part 279, the following definitions apply to this article: 1. "Off-specification used oil" means used oil which exceeds any of the allowable levels in 40 Code of Federal Regulations section 279.11. 2. "On-specifica…

A. The department shall administer 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state. For that purpose, 40 Code of Federal Regulations part 279, as amended on January 1, 1997, is adopted by reference. For purposes of this pr…