hazardous waste and radioactive waste treatment and disposal facilities -- Report. (1) (a) The Waste Management and Radiation Control Board created in Section 19-1-106 may direct an evaluation of a commercial hazardous waste treatment, storage, or disposal facility, if the facility is: (i) licensed or permitted after July 1, 2017; or (ii) (A) licensed or permitted before July 1, 2017; and (B) has cumulatively increased the facility's licensed disposal volume by 25% or more. (b) The evaluation shall determine: (i) the adequacy of the amount of financial assurance required for closure and postclosure care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted pursuant to a hazardous waste operation plan for a commercial hazardous waste treatment, storage, or disposal facility under Section 19-6-108; (ii) the adequacy of the amount of financial assurance or funds required for perpetual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility, if found necessary following the evaluation under Subsection (1)(c); (iii) whether the amount of financial assurance required is adequate for closure and postclosure care of hazardous waste treatment, storage, or disposal facilities; (iv) whether the amount of financial assurance or funds required is adequate for perpetual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility, if found necessary following the evaluation under Subsection (1)(c); and (v) the costs above the minimal maintenance and monitoring for reasonable risks that may occur during closure, postclosure, and perpetual care and maintenance of commercial hazardous waste treatment, storage, or disposal facilities including: (A) groundwater corrective action; (B) differential settlement failure; or (C) major maintenance of a cell or cells. (c) The Waste Management and Radiation Control Board shall evaluate in 2006 whether financial assurance or funds are necessary for perpetual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility to protect human health and the environment. (2) (a) The Waste Management and Radiation Control Board created in Section 19-1-106 may direct an evaluation of a commercial radioactive waste treatment or disposal facility if the facility is: (i) licensed or permitted after July 1, 2017; or (ii) (A) licensed or permitted before July 1, 2017; and (B) has cumulatively increased the facility's licensed disposal volume by 25% or more. (b) The evaluation shall determine: (i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Account created by Section 19-3-106.2; (ii) the adequacy of the amount of financial assurance required for closure and postclosure care of commercial radioactive waste treatment or disposal facilities under Subsection 19-3-104(11); (iii) whether the restricted account is adequate to provide for perpetual care and maintenance of commercial radioactive waste treatment or disposal facilities; (iv) the costs under Subsection 19-3-106.2(4)(b) of using the Radioactive Waste Perpetual Care and Maintenance Account during the period before the end of 100 years following final closure of the facility for maintenance, monitoring, or corrective action in the event that the owner or operator is unwilling or unable to carry out the duties of postclosure maintenance, monitoring, or corrective action; and (v) the costs above the minimal maintenance and monitoring for reasonable risks that may occur during closure, postclosure, and perpetual care and maintenance of commercial radioactive waste treatment or disposal facilities including: (A) groundwater corrective action; (B) differential settlement failure; or (C) major maintenance of a cell or cells. (3) (a) The board under Subsections (1) and (2) shall submit a report on the evaluations to the Legislative Management Committee. (b) For each report received under Subsection (3)(a), the Legislative Management Committee shall review and evaluate the report and determine whether to recommend further action.
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