19-6-108.5 - Management of hazardous waste generated outside Utah.
19-6-108.5. Management of hazardous waste generated outside Utah.
(1) On and after July 1, 1992, any waste entering Utah for disposal or treatment,excluding incineration, that is classified by Utah as nonhazardous solid waste and by the state oforigin as hazardous waste, and that exceeds the base volume provided in Subsection (2) for eachreceiving facility or site, shall be treated according to the same treatment standards to which itwould have been subject had it remained in the state where it originated. However, if thosestandards are less protective of human health or the environment than the treatment standardsapplicable under Utah law, the waste shall be treated in compliance with the Utah standards.
(2) The base volume provided in Subsection (1) for each receiving facility or site is theaverage of the annual quantities of nonhazardous solid waste that originated outside Utah andwere received by the facility or site in calendar years 1990 and 1991.
(3) (a) The base volume for each receiving facility or site that has an operating planapproved prior to July 1, 1992, but did not receive nonhazardous solid waste originating outsideUtah during calendar years 1990 and 1991, shall be the average of annual quantities ofout-of-state nonhazardous waste the facility or site received during the 24 months following thedate of initial receipt of nonhazardous waste originating outside Utah.
(b) The base determined under Subsection (3)(a) applies to the facility or site on and afterJuly 1, 1995, regardless of the amount of nonhazardous waste originating outside Utah receivedby the facility or site prior to this date.
Amended by Chapter 324, 2010 General Session