(1) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, and each fiscal year after July 1, 2018, the department shall establish a fee schedule for the treatment, transfer, and disposal of all nonhazardous solid waste. (b) The department shall, before establishing the annual fee schedule described in Subsection (1)(a), consult with industry and local government and complete a review of program costs and indirect costs of regulating nonhazardous solid waste in the state and use the findings of the review to create the fee schedule. (c) The fee schedule described in Subsection (1)(a) shall: (i) create an equitable and fair, though not necessarily equal or uniform, fee to be paid by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a regulatory burden to the department, based on the actual cost, and taking into consideration whether the owner or operator of a facility elects to self-inspect under Section 19-6-109, except as provided in Subsection (1)(d); (ii) cover the fully burdened costs of the program and provide for reasonable and timely oversight by the department; (iii) adequately meet the needs of industry, local government, and the department, including enabling the department to employ the appropriate number of qualified personnel to appropriately oversee industry and local government regulation; (iv) provide stable funding for the Environmental Quality Restricted Account created in Section 19-1-108; and (v) for solid waste managed at a transfer facility, be no greater than the cost of regulatory services provided to the transfer facility. (d) A person who treats, transfers, stores, or disposes of solid waste from the extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or operated by that person may not be charged a fee under this section for the treatment, transfer, storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores and minerals that are generated: (i) on-site by the person; or (ii) by off-site sources owned, controlled, or operated by the person. (2) On and after January 1, 2019, a facility required to pay fees under this section shall: (a) pay the fees imposed by this section to the department by the 15th day of the month following the quarter in which the fees accrued; and (b) with the fees required under Subsection (2)(a), submit to the department, on a form prescribed by the department, information that verifies the amount of nonhazardous solid waste received and the fees that the owner or operator is required to pay. (3) In setting the fee schedule described in Subsection (1)(a), the department shall ensure that a party is not charged multiple fees for the same solid waste, except the department may charge a separate fee for a transfer station. (4) The department shall: (a) deposit all fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108; and (b) in preparing the department's budget for the governor and the Legislature, separately indicate the amount of the department's budget necessary to administer the solid and hazardous waste program established by this part. (5) The department may contract or agree with a county to assist in performing nonhazardous solid waste management activities, including agreements for: (a) the development of a solid waste management plan required under Section 17E-7-101; and (b) pass-through of available funding. (6) This section does not exempt a facility from applicable regulation under the Atomic Energy Act, 42 U.S.C. Secs. 2014 and 2021 through 2114.
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