19-3-306 - Information and findings required for approval by the department.
19-3-306. Information and findings required for approval by the department.
The department may not issue a construction and operating license unless information inthe application:
(1) demonstrates the availability and adequacy of emergency services, including medical,security, and fire response, and environmental cleanup capabilities both at and in the region of theproposed site and for areas involved in the transport of wastes within the state;
(2) establishes financial assurance for operation and closure of the facility and forresponding to emergency conditions in transportation and at the facility as required by departmentrules, including proof the applicant:
(a) possesses substantial resources that are sufficient to respond to any reasonablyforeseeable injury or loss resulting from operation of the facility; and
(b) will maintain these resources throughout the term of the facility;
(3) provides evidence the wastes will not cause or contribute to an increase in mortality,an increase in illness, or pose a present or potential hazard to human health or the environment;
(4) provides evidence the personnel employed at the facility have appropriate andsufficient education and training for the safe and adequate handling of the wastes;
(5) demonstrates the public benefits of the proposed facility, including the lack of otheravailable sites or methods for the management of the waste that would be less detrimental to thepublic health or safety or to the quality of the environment;
(6) demonstrates the technical feasibility of the proposed waste management technology;
(7) demonstrates conformance with federal laws, regulations, and guidelines for a wastefacility;
(8) demonstrates conclusively that any facility is temporary and provides identified plansand alternatives for closure of the facility with an enforceable schedule and identified dates forclosure, including evidence that:
(a) an identified party has irrevocably agreed to accept the waste at the end of thetemporary storage period; and
(b) the waste will be moved to another facility;
(9) demonstrates that:
(a) the applicant is not a limited liability company, limited partnership, or other entitywith limited liability; and
(b) the applicant and its officers and directors and those principals or other entities thatare participating in and associated with the applicant regarding the facility are willing to acceptunlimited strict liability, consistent with federal law, for any financial losses or human losses orinjuries resulting from operation of any proposed facility;
(10) provides evidence the applicant has posted a cash bond in the amount of at least twobillion dollars or in a greater amount as determined by department rule to be necessary toadequately respond to any reasonably foreseeable releases or losses, or the closure of the facility;
(11) provides evidence the applicant and its officers and directors, the owners or entitiesresponsible for the generation of the waste, principals, and any other entities participating in orassociated with the applicant, including landowners, lessors, and contractors, consent in writing tothe jurisdiction of the state courts of Utah for any claims, damages, private rights of action, stateenforcement actions, or other proceedings relating to the construction, operation, and complianceof the proposed facility; and
(12) demonstrates that any person or entity which sends wastes to a facility shall remain
the owner of and responsible for the waste and its ultimate disposal and is willing to acceptunlimited, strict liability, consistent with federal law, for any financial or human losses, liabilities,or injuries resulting from the wastes for the entire time period the waste is at the facility.
Enacted by Chapter 348, 1998 General Session