19-1-307 - Evaluation of closure, postclosure, and perpetual care and maintenance for hazardous waste and radioactive waste treatment and disposal facilities -- Report.
19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenancefor hazardous waste and radioactive waste treatment and disposal facilities -- Report.
(1) (a) Beginning in 2006, the Solid and Hazardous Waste Control Board created inSection 19-1-106 shall direct an evaluation every five years of:
(i) the adequacy of the amount of financial assurance required for closure and postclosurecare under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted pursuant to ahazardous waste operation plan for a commercial hazardous waste treatment, storage, or disposalfacility under Section 19-6-108; and
(ii) the adequacy of the amount of financial assurance or funds required for perpetualcare and maintenance following the closure and postclosure period of a commercial hazardouswaste treatment, storage, or disposal facility, if found necessary following the evaluation underSubsection (1)(c).
(b) The evaluation shall determine:
(i) whether the amount of financial assurance required is adequate for closure andpostclosure care of hazardous waste treatment, storage, or disposal facilities;
(ii) whether the amount of financial assurance or funds required is adequate for perpetualcare and maintenance following the closure and postclosure period of a commercial hazardouswaste treatment, storage, or disposal facility, if found necessary following the evaluation underSubsection (1)(c); and
(iii) the costs above the minimal maintenance and monitoring for reasonable risks thatmay occur during closure, postclosure, and perpetual care and maintenance of commercialhazardous waste treatment, storage, or disposal facilities including:
(A) groundwater corrective action;
(B) differential settlement failure; or
(C) major maintenance of a cell or cells.
(c) The Solid and Hazardous Waste Control Board shall evaluate in 2006 whetherfinancial assurance or funds are necessary for perpetual care and maintenance following theclosure and postclosure period of a commercial hazardous waste treatment, storage, or disposalfacility to protect human health and the environment.
(2) (a) Beginning in 2006, the Radiation Control Board created in Section 19-1-106 shalldirect an evaluation every five years of:
(i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Accountcreated by Section 19-3-106.2; and
(ii) the adequacy of the amount of financial assurance required for closure andpostclosure care of commercial radioactive waste treatment or disposal facilities underSubsection 19-3-104(12).
(b) The evaluation shall determine:
(i) whether the restricted account is adequate to provide for perpetual care andmaintenance of commercial radioactive waste treatment or disposal facilities;
(ii) whether the amount of financial assurance required is adequate to provide for closureand postclosure care of commercial radioactive waste treatment or disposal facilities;
(iii) the costs under Subsection 19-3-106.2(5)(b) of using the Radioactive WastePerpetual Care and Maintenance Account during the period before the end of 100 years followingfinal closure of the facility for maintenance, monitoring, or corrective action in the event that theowner or operator is unwilling or unable to carry out the duties of postclosure maintenance,
monitoring, or corrective action; and
(iv) the costs above the minimal maintenance and monitoring for reasonable risks thatmay occur during closure, postclosure, and perpetual care and maintenance of commercialradioactive waste treatment or disposal facilities including:
(A) groundwater corrective action;
(B) differential settlement failure; or
(C) major maintenance of a cell or cells.
(3) The boards under Subsections (1) and (2) shall submit a joint report on theevaluations to the Legislative Management Committee on or before October 1 of the year inwhich the report is due.
Amended by Chapter 278, 2010 General Session