reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2a - Air Quality - Special Provisions › Section 107 - Point source pollution of halogens -- Best available control technology plan -- Recommendations on standards.

Effective 5/3/2023
19-2a-107.
Point source pollution of halogens -- Best available control technology plan -- Recommendations on standards.
(1) As used in this section:
(a) "Applicable geographic area" means the following counties:
(i) Box Elder County;
(ii) Davis County;
(iii) Salt Lake County;
(iv) Tooele County;
(v) Utah County; and
(vi) Weber County.
(b) "Division" means the Division of Air Quality created in Section 19-1-105.
(2) By no later than December 31, 2024, the division shall complete:
(a) an air emissions inventory of point sources in the applicable geographic area that emit halogens;
(b) a best available control technology emissions reduction plan to reduce the compounds of halogens in the applicable geographic area, with an implementation date of December 31, 2026; and
(c) recommendations for a state standard limiting halogen emissions.
(3) Upon completion, the division shall publish the air emissions inventory, the best available control technology emissions reduction plan, and the recommendations on standards required under Subsection (2) on the division's public website.
(4) The division shall report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the status of the air emissions inventory, the best available control technology emissions reduction plan, and the recommendations for a standard:
(a) on or before the 2023 November interim committee meeting of the Natural Resources, Agriculture, and Environment Interim Committee; and
(b) on or before the 2024 November interim committee meeting of the Natural Resources, Agriculture, and Environment Interim Committee.
Enacted by Chapter 143, 2023 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/9/2017
19-3-102.
Definitions.
As used in this chapter:
(1) "Board" means the Waste Management and Radiation Control Board created under Section 19-1-106.
(2)
(a) "Broker" means a person who performs one or more of the following functions for a generator:
(i) arranges for transportation of the radioactive waste;
(ii) collects or consolidates shipments of radioactive waste; or
(iii) processes radioactive waste in some manner.
(b) "Broker" does not include a carrier whose sole function is to transport the radioactive waste.
(3) "Byproduct material" means the same as that term is defined in 42 U.S.C. Sec. 2014(e)(2).
(4) "Class B and class C low-level radioactive waste" means the same as that term is defined in 10 C.F.R. Sec. 61.55.
(5) "Director" means the director of the Division of Waste Management and Radiation Control.
(6) "Division" means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d).
(7) "Generator" means a person who:
(a) possesses any material or component:
(i) that contains radioactivity or is radioactively contaminated; and
(ii) for which the person foresees no further use; and
(b) transfers the material or component to:
(i) a commercial radioactive waste treatment or disposal facility; or
(ii) a broker.
(8)
(a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes.
(b) "High-level nuclear waste" does not include medical or institutional wastes, naturally occurring radioactive materials, or uranium mill tailings.
(9)
(a) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release.
(b) "Low-level radioactive waste" does not include waste containing more than 100 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.
(10) "Radiation" means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
(11) "Radioactive" means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei.
(12) "Unlicensed facility" means a structure, road, or property:
(a) adjacent to, but outside of, a licensed or permitted area; and
(b) that is not used for waste disposal or waste management.
Amended by Chapter 360, 2017 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 103.1 - Board authority and duties under this part.

Effective 7/1/2020
19-3-103.1.
Board authority and duties under this part.
(1) The board may:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to implement this part;
(b)
(i) hold a hearing that is not an adjudicative proceeding; or
(ii) appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding;
(c) accept, receive, and administer grants or other money or gifts from public and private agencies, including the federal government, for the purpose of carrying out any function of this chapter;
(d) order the director to impound radioactive material in accordance with Section 19-3-111; or
(e) 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.
(2) The board shall:
(a) promote the planning and application of pollution prevention and radioactive waste minimization measures to prevent the unnecessary waste and depletion of natural resources;
(b) to ensure compliance with applicable statutes and rules:
(i) review a settlement negotiated by the director in accordance with Subsection 19-3-108.1(2)(c) that requires a civil penalty equal to or greater than $25,000; and
(ii) approve or disapprove the settlement described in Subsection (2)(b)(i); and
(c) review the qualifications of, and issue certificates of approval to, individuals who:
(i) survey mammography equipment; or
(ii) oversee quality assurance practices at mammography facilities.
(3) 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 19-3-108.1:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
Amended by Chapter 4, 2020 Special Session 5
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 106 - Fee for commercial radioactive waste disposal or treatment.

Effective 5/5/2021
19-3-106.
Fee for commercial radioactive waste disposal or treatment.
(1)
(a) An owner or operator of a commercial radioactive waste treatment or disposal facility that receives radioactive waste shall pay a fee as provided in Subsection (1)(b).
(b)
(i) On or after July 1, 2011, the fee shall be established by the department in accordance with Section 63J-1-504.
(ii) In the development of a fee schedule prepared under Subsection (1)(b)(i), the department may conduct by no later than July 1, 2011, a review of the program costs and indirect costs of regulating radioactive waste in the state.
(iii) In addition to the process required by Section 63J-1-504, the department shall establish 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 of radioactive waste by the department; and
(C) adequately meets the needs of industry and the department, including allowing for the department to employ qualified personnel to appropriately oversee industry regulation.
(2)
(a) The owner or operator shall remit the fees imposed under this section to the department 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 the Environmental Quality Restricted Account created in Section 19-1-108.
(3)
(a) The annual fee required under Subsection (1)(a) shall be reduced by the amount paid in tax annually by the owner or operator under Section 59-24-103.5.
(b) Beginning June 2018, the State Tax Commission shall provide annually on or before June 1 the tax information described in Subsection 59-1-403(4)(v) indicating the amount of tax paid for the previous calendar year under Section 59-24-103.5.
(c) The department shall apply the tax amount established in Subsection (3)(b) to reduce the fee paid during the upcoming fiscal year, beginning fiscal year 2019, by the owner or operator under Subsection (1)(a).
(4) The Legislature shall appropriate the fully burdened cost as determined by the annual fee set under Subsection (1)(b) to the Environmental Quality Restricted Account created in Section 19-1-108 from the General Fund for the regulation of radioactive waste treatment and disposal.
(5) If the Legislature fails to appropriate adequate funds to cover the fully burdened cost as determined by the annual fee set under Subsection (1)(b), the owner or operator shall pay the balance.
(6) Radioactive waste that is subject to a fee under this section is not subject to a fee under Section 19-6-119.
Amended by Chapter 367, 2021 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 106.4 - Generator site access permits.

Effective 5/12/2015
19-3-106.4.
Generator site access permits.
(1) A generator or broker may not transfer radioactive waste to a commercial radioactive waste treatment or disposal facility in the state without first obtaining a generator site access permit from the director.
(2) The director may grant a generator site access permit to a generator or broker if:
(a) the Nuclear Regulatory Commission or the agreement state where the generator's or broker's facility is located has the jurisdiction to regulate the generator's or broker's handling, packaging, or transporting of radioactive materials; or
(b) the generator or broker agrees to grant the division reasonable access to its facilities for the inspection and verification of radioactive waste using Nuclear Regulatory Commission approved accountability guidelines.
(3) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing a generator site access permit program.
(4)
(a) Except as provided in Subsection (4)(b), the division shall establish fees for generator site access permits in accordance with Section 63J-1-504.
(b) On and after July 1, 2001, through June 30, 2002, the fees are:
(i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per year;
(ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per year; and
(iii) $5,000 for brokers.
(c) The division shall deposit fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108.
(5) This section does not apply to a generator or broker transferring radioactive waste to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
Amended by Chapter 58, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 107 - State radioactive waste plan.

19-3-107.
State radioactive waste plan.
(1) The board shall prepare a state plan for management of radioactive waste by July 1, 1993.
(2) The plan shall:
(a) provide an estimate of radioactive waste capacity needed in the state for the next 20 years;
(b) assess the state's ability to minimize waste and recycle;
(c) evaluate radioactive waste treatment and disposal options, as well as radioactive waste needs and existing capacity;
(d) evaluate facility siting, design, and operation;
(e) review funding alternatives for radioactive waste management; and
(f) address other radioactive waste management concerns that the board finds appropriate for the preservation of the public health and the environment.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 108.1 - Powers and duties of director.

Effective 5/12/2020
19-3-108.1.
Powers and duties of director.
(1) The director shall, in connection with this chapter and rules of the board adopted under this part:
(a) develop programs to promote and protect the public from radiation sources in the state;
(b) advise, consult, cooperate with, and provide technical assistance to another agency, a state, the federal government, a political subdivision, an industry, or another person in carrying out this part;
(c) receive specifications or other information relating to a licensing application for radioactive material or registration of a radiation source for review, approval, disapproval, or termination;
(d) issue a permit, license, registration, certification, or other administrative authorization;
(e) review and approve a plan;
(f) assess a penalty in accordance with Section 19-3-109;
(g) impound radioactive material under Section 19-3-111;
(h) issue an order necessary to enforce this part;
(i) enforce an order by an appropriate administrative and judicial proceeding; and
(j) institute a judicial proceeding to secure compliance with this part.
(2) The director may:
(a) cooperate with any person in studies, research, or demonstration projects regarding radioactive waste management or control of radiation sources;
(b) employ employees as may be reasonably necessary to carry out this part;
(c) subject to Subsection 19-3-103.1(2)(b), settle or compromise any administrative or civil action initiated to compel compliance with this part and rules adopted under this part; and
(d) authorize employees or representatives of the department to enter, at reasonable times and upon reasonable notice, in and upon public or private property for the purpose of inspecting and investigating conditions and records concerning radiation sources and as otherwise authorized by this part.
Enacted by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 109 - Civil penalties -- Appeals.

19-3-109.
Civil penalties -- Appeals.
(1) A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part is subject to a civil penalty not to exceed $10,000 for each violation.
(2) The director may assess and make a demand for payment of a penalty under this section and may compromise or remit that penalty.
(3) In order to make demand for payment of a penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:
(a) the date, facts, and nature of each act or omission charged;
(b) the provision of the statute, rule, order, license, permit, or registration certificate that is alleged to have been violated;
(c) each penalty that the director proposes to impose, together with the amount and date of effect of that penalty; and
(d) that failure to pay the penalty or respond may result in a civil action for collection.
(4) A person notified according to Subsection (3) may request an adjudicative proceeding.
(5) Upon request by the director, the attorney general may institute a civil action to collect a penalty imposed under this section.
(6)
(a) Except as provided in Subsection (6)(b), the department shall deposit all money collected from civil penalties imposed under this section into the General Fund.
(b) The department may reimburse itself and local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities.
(c) The department shall regulate reimbursements by making rules that:
(i) define qualifying environmental enforcement activities; and
(ii) define qualifying extraordinary expenses.
Amended by Chapter 330, 2013 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 110 - Criminal penalties.

19-3-110.
Criminal penalties.
(1) Any person who knowingly violates any provision of Sections 19-3-104 through 19-3-113 or lawful orders or rules adopted by the department under those sections shall in a criminal proceeding:
(a) for the first violation, be guilty of a class B misdemeanor; and
(b) for a subsequent similar violation within two years, be guilty of a third degree felony.
(2) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.
(3) Conviction under Sections 19-3-104 through 19-3-113 does not relieve the person convicted from civil liability for any act which was also a violation of the public health laws.
Amended by Chapter 271, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 111 - Impounding of radioactive material.

19-3-111.
Impounding of radioactive material.
(1) The director may impound the radioactive material of any person if:
(a) the material poses an imminent threat or danger to the public health or safety; or
(b) that person is violating:
(i) any provision of Sections 19-3-104 through 19-3-113;
(ii) any rules or orders enacted or issued under the authority of those sections; or
(iii) the terms of a license, permit, or registration certificate issued under the authority of those sections.
(2) Before any dispositive action may be taken with regard to impounded radioactive materials, the director shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act and Section 19-1-301.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 112 - Notification by the department to certain persons of release of radiation from Nevada Test Site -- Notification to certain news outlets.

19-3-112.
Notification by the department to certain persons of release of radiation from Nevada Test Site -- Notification to certain news outlets.
(1) When informed by the United States Department of Energy of any release of radiation exceeding the Nuclear Regulatory Commission's limits for unrestricted use in air or water from the Nevada Test Site which is detected outside its boundaries, the department shall, unless prohibited by federal law, immediately convey to the persons specified in Subsection (2) all information that is made available to it, including:
(a) the date;
(b) the time and duration of each release of radiation;
(c) estimates of total amounts of radiation released;
(d) the types and amounts of each isotope detected off-site;
(e) the locations of monitoring stations detecting off-site radiation; and
(f) current and projected wind direction, wind velocity, and precipitation for the region.
(2) Unless prohibited by federal law, the department shall provide the information required under Subsection (1) to the following:
(a) members of the Utah congressional delegation or their designated representatives;
(b) the director of the Division of Emergency Management;
(c) the attorney general;
(d) the regional director of the Federal Emergency Management Agency;
(e) the regional director of the National Oceanic and Atmospheric Administration;
(f) the executive director of the Utah League of Cities and Towns;
(g) the executive director of the Department of Health; and
(h) the chairpersons of the county commissions of affected counties.
(3) If the state is informed by the United States Department of Energy that any radiation released from the Nevada Test Site has been detected by the United States Department of Energy or United States Environmental Protection Agency or the department within the boundaries of the state of Utah, the department shall, unless prohibited by federal law, immediately provide all information available to it as specified in Subsection (1) to the Associated Press and United Press International outlets in the state.
Amended by Chapter 55, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 113 - Federal-state agreement regarding radiation control.

19-3-113.
Federal-state agreement regarding radiation control.
(1) The governor, on behalf of the state, may enter into agreements with the federal government providing for discontinuation of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the state, pursuant to Section 19-3-104.
(2) Any person who, on the effective date of an agreement under Subsection (1), possesses a license issued by the federal government is considered to possess a federal license pursuant to a license issued by the department which shall expire either 90 days after receipt from the department of a notice of expiration of the license, or on the date of expiration specified in the federal license, whichever is earlier.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 2 - Interstate Compact on Low-Level Radioactive Waste › Section 201 - Interstate Compact on Low-level Radioactive Waste -- Policy and purpose of compact.

19-3-201.
Interstate Compact on Low-level Radioactive Waste -- Policy and purpose of compact.
The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of the wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 2 - Interstate Compact on Low-Level Radioactive Waste › Section 201.1 - Definitions.

19-3-201.1.
Definitions.
As used in this compact:
(1) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities.
(2) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste.
(3) "Host state" means a state in which a facility is located.
(4)
(a) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release.
(b) "Low-level waste" does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.
Enacted by Chapter 314, 2001 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 2 - Interstate Compact on Low-Level Radioactive Waste › Section 202 - Practices of party states regarding low-level waste shipments -- Fees for inspections.

19-3-202.
Practices of party states regarding low-level waste shipments -- Fees for inspections.
(1) Each party state agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state including:
(a) maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;
(b) periodic unannounced inspection of the premises of the generators and the waste management activities on the premises;
(c) authorization of the containers in which the waste may be shipped, and a requirement that generators use only the type of containers authorized by the state;
(d) assurance that inspections of the carriers which transport the waste are conducted by proper authorities, and appropriate enforcement action taken for violations; and
(e) after receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, taking appropriate action to assure that the violations do not recur including the inspection of every individual low-level waste shipment by that generator.
(2) Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this compact.
(3) Nothing in this section limits any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this section.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 2 - Interstate Compact on Low-Level Radioactive Waste › Section 204 - Governor to designate state official to administer compact -- Designated officials comprise northwest low-level waste compact committee -- Meetings of committee -- Duties relating to existing regulations -- Authority to make arrangements with entities outside region of party states.

19-3-204.
Governor to designate state official to administer compact -- Designated officials comprise northwest low-level waste compact committee -- Meetings of committee -- Duties relating to existing regulations -- Authority to make arrangements with entities outside region of party states.
(1) The governor of each party state shall designate one state official as the person responsible for administration of this compact. The officials so designated shall together comprise the northwest low-level waste compact committee.
(2) The committee shall meet as required to consider matters arising under this compact.
(3) The parties shall inform the committee of existing regulations concerning low-level waste management in their states and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in the regulations.
(4) Notwithstanding any provision of Section 19-3-203 to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprised of the party states for access to facilities on terms and conditions the committee considers appropriate. However, a two-thirds vote of all members is required, including the affirmative vote of the member of any party state in which a facility affected by the arrangement is located, for the committee to enter into an arrangement.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 2 - Interstate Compact on Low-Level Radioactive Waste › Section 205 - Eligible party states -- Requirements regarding joinder and withdrawal from compact -- Consent of Congress.

19-3-205.
Eligible party states -- Requirements regarding joinder and withdrawal from compact -- Consent of Congress.
(1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact becomes effective upon enactment into law by that party, but it is not initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.
(2) After the compact has initially taken effect under Subsection (1), any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.
(3) Section 19-3-203 takes effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every five-year period.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 2 - Interstate Compact on Low-Level Radioactive Waste › Section 206 - Direction to compact committee member.

19-3-206.
Direction to compact committee member.
The Utah compact committee member designated under Section 19-3-204 may not bring to the committee for approval and shall vote to disapprove any arrangement under Subsection 19-3-204(4) for a facility to receive class B or class C low-level radioactive waste for commercial storage, decay in storage, treatment, incineration, or disposal within the state.
Enacted by Chapter 10, 2005 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 303 - Definitions.

19-3-303.
Definitions.
As used in this part:
(1) "Final judgment" means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired.
(2) "Goods" means any materials or supplies, whether raw, processed, or manufactured.
(3) "Greater than class C radioactive waste" means low-level radioactive waste that has higher concentrations of specific radionuclides than allowed for class C waste.
(4) "Gross value of the contract" means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it.
(5) "High-level nuclear waste" has the same meaning as in Section 19-3-102.
(6) "Municipal-type services" includes, but is not limited to:
(a) fire protection service;
(b) waste and garbage collection and disposal;
(c) planning and zoning;
(d) street lighting;
(e) life support and paramedic services;
(f) water;
(g) sewer;
(h) electricity;
(i) natural gas or other fuel; or
(j) law enforcement.
(7) "Organization" means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit.
(8) "Placement" means transportation, transfer, storage, decay in storage, treatment, or disposal.
(9) "Political subdivision" means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation.
(10) "Rule" means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11) "Service" or "services" means any work or governmental program which provides a benefit.
(12) "Storage facility" means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal.
(13) "Transfer facility" means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points.
(14) "Waste" or "wastes" means high-level nuclear waste and greater than class C radioactive waste.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 304 - Licensing and approval by governor and Legislature -- Powers and duties of the department.

19-3-304.
Licensing and approval by governor and Legislature -- Powers and duties of the department.
(1)
(a) A person may not construct or operate a waste transfer, storage, decay in storage, treatment, or disposal facility within the exterior boundaries of the state without applying for and receiving a construction and operating license from the state Department of Environmental Quality and also obtaining approval from the Legislature and the governor.
(b) The Department of Environmental Quality may issue the license, and the Legislature and the governor may approve the license, only upon finding the requirements and standards of this part have been met.
(2) The department shall by rule establish the procedures and forms required to submit an application for a construction and operating license under this part.
(3) The department may make rules implementing this part as necessary for the protection of the public health and the environment, including:
(a) rules for safe and proper construction, installation, repair, use, and operation of waste transfer, storage, decay in storage, treatment, and disposal facilities;
(b) rules governing prevention of and responsibility for costs incurred regarding accidents that may occur in conjunction with the operation of the facilities; and
(c) rules providing for disciplinary action against the license upon violation of any of the licensure requirements under this part or rules made under this part.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 305 - Application for license.

19-3-305.
Application for license.
The application for a construction and operating license shall contain information required by department rules, which shall include:
(1) results of studies adequate to:
(a) identify the presence of any groundwater aquifers in the area of the proposed site;
(b) assess the quality of the groundwater of all aquifers identified in the area of the proposed site;
(c) provide reports on the monitoring of vadose zone and other near surface groundwater;
(d) provide reports on hydraulic conductivity tests; and
(e) provide any other information necessary to estimate adequately the groundwater travel distance;
(2) identification of transportation routes and transportation plans within the state and demonstration of compliance with federal, state, and local transportation requirements;
(3) estimates of the composition, quantities, and concentrations of waste to be generated by the activities covered by the license;
(4) the environmental, social, and economic impact of the facility in the area of the proposed facility and on the state as a whole;
(5) detailed engineering plans and specifications for the construction and operation of the facility and for the closure of the facility;
(6) detailed cost estimates and funding sources for construction, operation, and closure of the facility;
(7) a security plan that includes a detailed description of security measures that would be installed in and around the facility;
(8) a detailed description of site suitability, including a description of the geologic, geochemical, geotechnical, hydrologic, ecologic, archaeologic, meteorologic, climatologic, and biotic features of the site and vicinity;
(9) specific identification of:
(a) the applicant, the wastes to be accepted, the sources of waste, and the owners and operators of the facility; and
(b) the persons or entities having legal responsibility for the facility and wastes;
(10) quantitative and qualitative environmental and health risk assessments for all proposed activities, including transfer, storage, and transportation of wastes;
(11) technical qualifications, including training and experience of the applicant, staff, and personnel who are to engage in the proposed activities;
(12) a quality assurance program, radiation safety program, and environmental monitoring program;
(13) a regional emergency plan for an area surrounding the facility having at least a 75-mile radius, but which may be greater, if required by department rule; and
(14) any other information and monitoring the department determines necessary to insure the protection of the public health and the environment.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 307 - Siting criteria.

19-3-307.
Siting criteria.
(1) The department may not issue a construction and operating license to any waste transfer, storage, decay in storage, treatment, or disposal facility unless the facility location meets the siting criteria under Subsection (2).
(2) The facility may not be located:
(a) within or underlain by:
(i) national, state, or county parks; monuments or recreation areas; designated wilderness or wilderness study areas; or wild and scenic river areas;
(ii) ecologically or scientifically significant natural areas, including wildlife management areas and habitats for listed or proposed endangered species as designated by federal law;
(iii) 100-year flood plains;
(iv) areas 200 feet from Holocene faults;
(v) underground mines, salt domes, or salt beds;
(vi) dam failure flood areas;
(vii) areas subject to landslide, mud flow, or other earth movement, unless adverse impacts can be mitigated;
(viii) farmlands classified or evaluated as "prime," "unique," or of "statewide importance" by the U.S. Department of Agricultural Soil Conservation Service under the Prime Farmland Protection Act;
(ix) areas within five miles of existing permanent dwellings, residential areas, or other habitable structures, including schools, churches, or historic structures;
(x) areas within five miles of surface waters, including intermittent streams, perennial streams, rivers, lakes, reservoirs, and wetlands;
(xi) areas within 1,000 feet of archeological sites regarding which adverse impacts cannot reasonably be mitigated;
(xii) recharge zones of aquifers containing groundwater which has a total dissolved solids content of less than 10,000 mg/l; or
(xiii) drinking water source protection areas;
(b) in areas:
(i) above or underlain by aquifers that:
(A) contain groundwater which has a total dissolved solids content of less than 500 mg/l; and
(B) do not exceed state groundwater standards for pollutants;
(ii) above or underlain by aquifers containing groundwater which has a total dissolved solids content between 3,000 and 10,000 mg/l, when the distance from the surface to the groundwater is less than 100 feet;
(iii) of extensive withdrawal of water, gas, or oil;
(iv) above or underlain by weak and unstable soils, including soils that lose their ability to support foundations as a result of hydrocompaction, expansion, or shrinkage;
(v) above or underlain by karst terrains; or
(vi) where air space use and ground transportation routes present incompatible risks and uses; or
(c) within a distance to existing drinking water wells and watersheds for public water supplies of five years groundwater travel time plus 1,000 feet.
(3) An applicant for a license may request from the department an exemption from any of the siting criteria stated in this section upon demonstration that the modification would be protective of and have no adverse impacts on the public health and the environment.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 308 - Application fee and annual fees.

19-3-308.
Application fee and annual fees.
(1)
(a) Any application for a waste transfer, storage, decay in storage, treatment, or disposal facility shall be accompanied by an initial fee of $5,000,000.
(b) The applicant shall subsequently pay an additional fee to cover the costs to the state associated with review of the application, including costs to the state and the state's contractors for permitting, technical, administrative, legal, safety, and emergency response reviews, planning, training, infrastructure, and other impact analyses, studies, and services required to evaluate a proposed facility.
(2) For the purpose of funding the state oversight and inspection of any waste transfer, storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure, including providing for state Department of Environmental Quality, state Department of Transportation, state Department of Public Safety, and other state agencies' technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic, law enforcement, and emergency resources necessary to respond to these facilities, the owner or operator shall pay to the state a fee as established by department rule under Section 63J-1-504, to be assessed:
(a) per ton of storage cask and high-level nuclear waste per year for storage, decay in storage, treatment, or disposal of high-level nuclear waste;
(b) per ton of transportation cask and high-level nuclear waste for each transfer of high-level nuclear waste;
(c) per ton of storage cask and greater than class C radioactive waste for the storage, decay in storage, treatment, or disposal of greater than class C radioactive waste; and
(d) per ton of transportation cask and greater than class C radioactive waste for each transfer of greater than class C radioactive waste.
(3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and Hazard Compensation Account, created in Subsection 19-3-309(3).
(4) The owner or operator of the facility shall pay the fees imposed under this section to the department on or before the 15th day of the month following the month in which the fee accrued.
(5) Annual fees due under this part accrue on July 1 of each year and shall be paid to the department by July 15 of that year.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 309 - Restricted accounts.

19-3-309.
Restricted accounts.
(1) There is created within the General Fund a restricted account known as the "Nuclear Waste Facility Oversight Account" and referred to in this section as the "oversight account".
(2)
(a) The oversight account shall be funded from the fees imposed and collected under Subsections 19-3-308(1)(a) and (b).
(b) The department shall deposit in the oversight account all fees collected under Subsections 19-3-308(1)(a) and (b).
(c) The Legislature may appropriate the funds in this oversight account to departments of state government as necessary for those departments to carry out their duties to implement this part.
(d) The department shall account separately for money paid into the oversight account for each separate application made pursuant to Section 19-3-304.
(3)
(a) There is created within the General Fund a restricted account known as the "Nuclear Accident and Hazard Compensation Account," to be referred to as the "compensation account" within this part.
(b) The compensation account shall be funded from the fees assessed and collected under this part, except for Subsections 19-3-308(1)(a) and (b).
(c) The department shall deposit in the compensation account all fees collected under this part, except for those fees under Subsections 19-3-308(1)(a) and (b).
(d) The compensation account shall earn interest, which shall be deposited in the account.
(e) The Legislature may appropriate the funds in the compensation account to the departments of state government as necessary for those departments to comply with the requirements of this part.
(4) On the date when a state license is issued in accordance with Subsection 19-3-301(4)(a), the Division of Finance shall transfer all fees remaining in the oversight account attributable to that license into the compensation account.
Amended by Chapter 107, 2001 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 310 - Benefits agreement.

19-3-310.
Benefits agreement.
(1) The department may not issue a construction and operating license under this part unless the applicant has entered into a benefits agreement with the department which is sufficient to offset adverse environmental, public health, social, and economic impacts to the state as a whole, and also specifically to the local area in which the facility is to be located.
(2)
(a) The benefits agreement shall be attached to and made part of the terms of any license for the facility.
(b) Failure to adhere to the benefits agreement is a ground for the department to take enforcement action against the license, including permanent revocation of the license.
(3) This part may not be construed or interpreted to affect the rights of any person or entity to brings claims against or reach agreements with the applicant for impacts from the facility independent of the benefits agreement.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 311 - Length of license.

19-3-311.
Length of license.
(1) Any construction and operating license shall be issued for a term established by department rule, but the term may not be longer than 20 years.
(2) The term of the license may be extended beyond 20 years only by approval of the department, the Legislature, and the governor.
Enacted by Chapter 348, 1998 General Session