Title 19, Environmental Quality Code

19-6-105. Rules of board. (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) establishing minimum standards for protection of human health and the environment, for the storage, collection, transport, transfer, recovery, t…

19-6-106. Rulemaking authority and procedure. (1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Resource Conservation and Recovery Act and, to the extent the board may have jurisdiction, …

19-6-107. Director -- Appointment -- Powers. (1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: (a) issue an order necessary to enforce this part; (b) enforce an ord…

19-6-108. New nonhazardous solid or hazardous waste operation plans for facility or site -- Approval required -- Exemptions from legislative and gubernatorial approval -- Time periods for review -- Information required -- Other conditions -- Automatic revocation of approval -- Pe…

19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans -- Board to make rules. (1) Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may: (a) even if corrective action is incom…

19-6-108.5. Management of hazardous waste generated outside Utah. On and after July 1, 2017, waste entering Utah for disposal or treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste shall be treated or disposed of as nonhazardous solid waste, …

19-6-109. Inspections authorized -- Fines for a self-inspected facility. (1) A duly authorized officer, employee, or representative of the director may, at any reasonable time and upon presentation of appropriate credentials, enter upon and inspect any property, premise, or place…

19-6-1102. Definitions. As used in this part: (1) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (2) "Director" means the director of the Division of Waste Management and Radiation Control. (3) "Division" means the Division of Waste Ma…

19-6-1103. Rulemaking. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement this part, including: (1) a streamlined application procedure designed to encourage and allow reuse of an industrial byproduct in a public pro…

19-6-1104. Applications for industrial byproduct reuse -- Approval by the director -- Exemption of approved industrial byproducts. (1) A person may submit to the director an application to reuse an industrial byproduct in a project. (2) The director shall respond to an applicatio…

19-6-111. Variances -- Requirements for application -- Procedure. (1)(a) If the board determines that the application of, or compliance with, any requirements of this part would cause undue or unreasonable hardship to any person, it may issue a variance from any of those requirem…

19-6-112. Notice of violations -- Order for correction -- Civil action to enforce. (1) Whenever the director determines that any person is in violation of any applicable approved hazardous wastes operation plan or solid waste plan, the requirements of this part, or any of the boa…

19-6-113. Violations -- Penalties -- Reimbursement for expenses. (1) As used in this section, "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (2) Any person who violates any order, plan, rule, or other requirement issued or adopted under t…

19-6-114. Service of notice, order, or other document. In accordance with procedural rules adopted by the department, service of any notice, order, or other document issued by, or under the authority of, the director may be made by forwarding a copy of that notice, order, or othe…

19-6-115. Imminent danger to health or environment -- Authority of executive director to initiate action to restrain. Notwithstanding any other provision of this part, upon receipt of evidence that the handling, transportation, treatment, storage, or disposal of any solid or haza…

19-6-116. Application of part subject to state assumption of primary responsibility from federal government -- Authority of political subdivisions. (1) The requirements of this part applicable to the generation, treatment, storage, or disposal of hazardous waste, and the rules ad…

19-6-117. Action against insurer or guarantor. (1) The state may assert a cause of action directly against an insurer or guarantor of an owner or operator if: (a) a cause of action exists against an owner or operator of a treatment, storage, or disposal facility, based upon condu…

19-6-117.5. Applicability of fees for treatment or disposal of waste. Waste that is subject to more than one fee under Section 19-6-118, 19-6-118.5, or 19-6-119 is subject only to the highest applicable fee.

19-6-118. Hazardous waste and treated hazardous waste disposal fees. (1)(a) An owner or operator of any commercial hazardous waste or mixed waste disposal or treatment facility that primarily receives hazardous or mixed wastes generated by off-site sources not owned, controlled, …

19-6-118.5. PCB disposal fee. (1) On and after July 1, 2011, the department shall establish a fee for disposal or treatment of wastes containing polychlorinated biphenyls in accordance with Section 63J-1-504. (2) The owner or operator of a facility receiving PCBs for disposal or …

19-6-119. Nonhazardous solid waste disposal fees. (1)(a) In accordance with Section 63J-1-504, on or before July 1, 2018, and each fiscal year after July 1, 2018, the department shall establish a fee schedule for the treatment, transfer, and disposal of all nonhazardous solid was…

19-6-120. New hazardous waste operation plans -- Designation of hazardous waste facilities -- Fees for filing and plan review. (1) For purposes of this section, the following items shall be treated as submission of a new hazardous waste operation plan: (a) the submission of a rev…

19-6-1202. Definitions. As used in this part: (1) "Collection": (a) means the aggregation of consumer electronic devices from consumers; and (b) includes all the activities up to the time a consumer electronic device is delivered to a recycler. (2) "Community collection event" me…

19-6-1203. Reporting requirements. (1) A manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer, either individually, through a group manufacturer organization, or through the manufacturer's industry trade group, prepares and submits…

19-6-1204. Public education programs -- Publication on department website. (1) A manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer individually, through a group manufacturer organization, or through the manufacturer's industry t…

19-6-1205. Local government arrangement -- Community collection event publication. (1) If a local government enters into an arrangement with a manufacturer to facilitate consumer electronics recycling in accordance with this part, the local government may enter into the arrangeme…

19-6-121. Local zoning authority powers. Nothing in this part prohibits any local zoning authority from adopting zoning criteria for commercial hazardous waste disposal facilities or sites that are more stringent than any requirements adopted by the department.

19-6-122. Facilities to meet local zoning requirements. Notwithstanding any provisions of this part, persons seeking to operate a commercial hazardous waste disposal facility or site shall meet all local zoning requirements before beginning operations.

19-6-123. Kilns -- Siting. A cement kiln or lightweight aggregate kiln may not accept hazardous waste for recycling or for use as fuel without meeting the siting criteria for commercial hazardous waste treatment, storage, and disposal facilities established under Section 19-6-105…

19-6-124. Burial of nonhazardous solid waste by an individual. (1) Notwithstanding any other provision of this chapter, an individual may bury nonhazardous solid waste on the individual's own property if: (a) the individual lives in an area where no public or duly licensed waste …

19-6-125. Incineration of medical waste. (1) Except as provided in Subsection (2), the division may not approve an operation plan or issue a permit for construction of a new facility that: (a) incinerates infectious waste or chemotherapeutic agents; and (b) is located within a tw…

19-6-1301. Definitions. As used in this part: (1) "Account" means the Solar Panel Waste Restricted Account created in Section 19-6-1303. (2) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (3) "Hazardous solar panel waste" means solar p…

19-6-1302. Powers and duties of board and director -- Rulemaking. (1) Except as otherwise provided in this chapter, the board shall make rules, beginning on July 1, 2028: (a) to provide for: (i) the appropriate method to perform a hazardous waste analysis of a solar panel describ…

19-6-1303. Solar Panel Waste Restricted Account -- Sources of funding -- Fund purpose. (1) There is created in the General Fund a restricted account known as the Solar Panel Waste Restricted Account. (2) The sources of money for the account include: (a) appropriations from the Le…

19-6-1304. Distributed generation fee -- Deposit of revenue. (1) The division shall impose a fee on a small-scale solar entity installed on or after January 1, 2026, in an amount of: (a) for a small-scale solar entity of 2 megawatts or less, $10 for each installed system; or (b) …

19-6-1305. Hazardous waste analysis -- Records maintained by landfills, disposal sites, and recycling facilities. (1) Beginning on July 1, 2028, the division may require an owner or operator of a solar panel to complete, or cause to be completed, a hazardous waste analysis on a r…

19-6-1306. Solar panel waste disposal site -- Solar panel waste recycling facility -- Operator registration. (1) Beginning on July 1, 2028, a person may not place, discard, or otherwise dispose of solar panel waste in a landfill operated by a municipality, county, political subdi…

19-6-1307. Violations -- Civil penalty. (1) Any person that violates a requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of not more than $10,000 per day for each day of violation. (2)(a) The director may enfo…

19-6-1308. Annual report. (1) Beginning July 1, 2028, the division shall submit a report, before November 30 of each year, to the: (a) Public Utilities, Energy, and Technology Interim Committee; and (b) Natural Resources, Agriculture, and Environment Interim Committee. (2) The re…

19-6-1309. Solar panel recycling study -- Industry involvement -- Report. (1) As used in this section, "legislative committees" means: (a) the Public Utilities, Energy, and Technology Interim Committee; and (b) the Natural Resources, Agriculture, and Environment Interim Committee…

19-6-202. Definitions. As used in this part: (1) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (2) "Disposal" means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. (3) "Hazardous wastes…

19-6-203. Other provisions relating to hazardous waste. This part may not be construed to supersede any other state or local law relating to hazardous waste, except as otherwise provided in Section 19-6-207.

19-6-204. Guidelines for facility siting -- Considerations in adopting. (1) The board shall adopt and publish guidelines for the location of hazardous waste treatment, storage, and disposal facilities. The guidelines shall ensure that facilities are sited so that the wastes locat…

19-6-205. Siting plan -- Procedure for adoption -- Review -- Effect. (1) After completion of the guidelines, the board shall prepare and publish a preliminary siting plan for the state. The preliminary siting plan is not final until adopted by the board in accordance with Subsect…

19-6-206. Exclusive remedy for devaluation of property caused by approved facility. (1)(a) Before construction of a hazardous waste management facility, but in no case later than nine months after approval of a plan for a hazardous waste treatment, storage, or disposal facility, …

19-6-207. Facility at site approved in siting plan -- Exemption from zoning and local approval requirements -- Transportation restrictions limited. (1) The construction or operation of a hazardous waste treatment, storage, or disposal facility at a site included within the siting…