19-3-106 - Fee for commercial radioactive waste disposal or treatment.
19-3-106. Fee for commercial radioactive waste disposal or treatment.
(1) (a) An owner or operator of a commercial radioactive waste treatment or disposalfacility that receives radioactive waste shall pay a fee as provided in Subsection (1)(b).
(b) (i) On or after July 1, 2010, but on or before June 30, 2011, the fee is equal to thesum of the following amounts:
(A) 30 cents per cubic foot of radioactive waste, other than 11e.(2) byproduct material,received at the facility for disposal or treatment; and
(B) $1 per curie of radioactive waste, other than 11e.(2) byproduct material, received atthe facility for disposal or treatment.
(ii) On or after July 1, 2011, the fee shall be established by the department in accordancewith Section 63J-1-504.
(iii) In the development of a fee schedule prepared under Subsection (1)(b)(ii), thedepartment may conduct by no later than July 1, 2011, a review of the program costs and indirectcosts of regulating radioactive waste in the state.
(iv) In addition to the process required by Section 63J-1-504, the department shallestablish a fee that:
(A) is a flat fee, not based on the amount of waste treated or disposed of;
(B) provides for reasonable and timely oversight by the department; and
(C) adequately meets the needs of industry and the department, including allowing forthe department to employ qualified personnel to appropriately oversee industry regulation.
(2) (a) The portion of the fee required under Subsection (1)(b)(i)(A) shall be calculatedby multiplying the total cubic feet of waste, computed to the first decimal place, received duringthe calendar month by 30 cents.
(b) The portion of the fee required in Subsection (1)(b)(i)(B) shall be calculated bymultiplying the total curies of waste, computed to the first decimal place, received during thecalendar month by $1.
(3) (a) The owner or operator shall remit the fees imposed under this section to thedepartment on or before the 15th day of the month following the month in which the fee accrued.
(b) The department shall deposit the fees received under this section into theEnvironmental Quality Restricted Account created in Section 19-1-108.
(c) The owner or operator shall submit to the department with the payment of the feeunder this Subsection (3) a completed form as prescribed by the department that providesinformation the department requires to verify the amount of waste received and the fee amountfor which the owner or operator is liable.
(4) The Legislature shall appropriate to the department money to cover the cost ofradioactive waste disposal supervision.
(5) Radioactive waste that is subject to a fee under this section is not subject to a feeunder Section 19-6-119.
Amended by Chapter 17, 2010 General Session