§ 19-6-104 — Powers of board -- Creation of statewide solid waste management plan.

(1) The board shall:

(1)(a) survey solid and hazardous waste generation and management practices within this state and, after public hearing and after providing opportunities for comment by local governmental entities, industry, and other interested persons, prepare and revise, as necessary, a waste management plan for the state;
(1)(b) promote the planning and application of resource recovery systems to prevent the unnecessary waste and depletion of natural resources;
(1)(c) meet the requirements of federal law related to solid and hazardous wastes to ensure that the solid and hazardous wastes program provided for in this part is qualified to assume primacy from the federal government in control over solid and hazardous waste;
(1)(d) (1)(d)(i) require a facility, including a facility listed in Subsection (1)(d)(ii), to submit plans, specifications, and other information required by the board to the director before construction, modification, installation, or establishment of a facility to allow the director to determine whether the proposed construction, modification, installation, or establishment of the facility will be in accordance with rules made under this part;
(1)(d)(ii) consider a facility referred to in Subsection (1)(d)(i) to include an incinerator that is intended for disposing of nonhazardous solid waste;
(1)(d)(iii) consider a facility referred to in Subsection (1)(d)(i) to not include a commercial facility that is solely for the purpose of recycling, reuse, or reprocessing the following waste:

(1)(d)(iii)(A) fly ash waste;
(1)(d)(iii)(B) bottom ash waste;
(1)(d)(iii)(C) slag waste; or
(1)(d)(iii)(D) flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; and
(1)(d)(iv) consider a facility referred to in Subsection (1)(d)(i) to not include a facility when the following waste is generated and the disposal occurs at an on-site location owned and operated by the generator of the waste:

(1)(d)(iv)(A) waste from the extraction, beneficiation, and processing of ores and minerals listed in 40 C.F.R. 261.4(b)(7)(ii); or
(1)(d)(iv)(B) cement kiln dust; and
(1)(e) to ensure compliance with applicable statutes and rules:
(1)(e)(i) review a settlement negotiated by the director in accordance with Subsection 19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and
(1)(e)(ii) approve or disapprove the settlement described in Subsection (1)(e)(i).
(2) The board may:

(2)(a) (2)(a)(i) hold a hearing that is not an adjudicative proceeding; or
(2)(a)(ii) appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding; or
(2)(b) advise, consult, cooperate with, or provide technical assistance to another agency of the state or federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other person in carrying out the purposes of this part.
(3) (3)(a) The board shall establish a comprehensive statewide waste management plan.
(3)(b) The plan shall:
(3)(b)(i) incorporate the solid waste management plans submitted by the counties;
(3)(b)(ii) provide an estimate of solid waste capacity needed in the state for the next 20 years;
(3)(b)(iii) assess the state's ability to minimize waste and recycle;
(3)(b)(iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste needs and existing capacity;
(3)(b)(v) evaluate facility siting, design, and operation;
(3)(b)(vi) review funding alternatives for solid waste management; and
(3)(b)(vii) address other solid waste management concerns that the board finds appropriate for the preservation of the public health and the environment.
(3)(c) The board shall consider the economic viability of solid waste management strategies before incorporating the solid waste management strategies into the plan and shall consider the needs of population centers.
(3)(d) The board shall review and modify the comprehensive statewide solid waste management plan no less frequently than every five years.
(4) (4)(a) The board shall determine the type of solid waste generated in the state and tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid waste management plan.
(4)(b) The board shall review and modify the inventory no less frequently than once every five years.
(5) Subject to the limitations contained in Subsection 19-6-102(19)(c), the board shall establish siting criteria for nonhazardous solid waste disposal facilities, including incinerators.
(6) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-6-107:

(6)(a) a permit;
(6)(b) a license;
(6)(c) a registration;
(6)(d) a certification; or
(6)(e) another administrative authorization made by the director.
(7) A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.

Legislative History

Amended by Chapter 256, 2020 General Session; Amended by Chapter 354, 2020 General Session