Hazardous Waste Cleanup Program

The Hazardous Waste Cleanup Program (HWCP) oversees the investigation and cleanup of contaminated soil, groundwater, air, and surface water at permitted sites and Environmental Cleanup Program sites. We also assist other programs with:

Cleanup of spills
Remediation at hazardous waste sites
Closure of miscellaneous units, such as landfills
Real estate actions (through comfort letters and enforceable written assurances)
Contained-Out Determinations

We conduct investigations and remediation according to the Resource Conservation and Recovery Act (RCRA). Our cleanup process focuses on results and is adapted to site-specific conditions.

Our team of environmental scientists, engineers, and toxicologists works with facility personnel, landowners, purchasers, consultants, and the public to restore contaminated land for safe and beneficial use.

The Environmental Cleanup Program (ECP) is a voluntary option to investigate and remediate impacted sites or properties.

Download ECP application

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Step 1: Determine if the Environmental Cleanup Program (ECP) is the right program for you

This might be the right program if:

the property has environmental impacts or contamination and the owner is interested in development or sale of property.
the property owner is interested in changing the land use e.g., change of industrial use to residential development.

The Environmental Cleanup Program (ECP) is open to interested parties wanting to conduct environmental site investigations, cleanup/remediation, and utilize long-term environmental management of properties impacted by historic or current hazardous waste operations. The program is intended to streamline the cleanup process by focusing on reducing risks posed by the contamination at the site in order to provide protection of human health and the environment and promote land use development.

Step 2: Schedule an optional pre-meeting with us

Prior to submitting an application, we recommend a pre-meeting to discuss the site, expectations, data gaps, potential remedial actions, type of desired closure, and any questions.

Step 3: Complete and submit an application

Fill out the Environmental Cleanup Program (ECP) Application .
Include all required information:
- Current and desired property land use (e.g., residential, commercial, or industrial)
- Types of contamination (if known)
- Clean closure or is a Site Management Plan and Environmental Covenant acceptable?
- Billing information
- Authorization to enter program
- Any previous investigations and data. This may include a Phase I and II Environmental Site Assessment or a Limited Site Investigation
Submit the application plus all supporting documents and data to: [email protected]

Step 4: Notification of acceptance into the Environmental Cleanup Program (ECP)

We will review your application and all supporting information. If we approve it, you will receive an acceptance letter.

The acceptance letter will include the name and contact information for the DWMRC (Division of Waste Management & Radiation Control) project manager assigned to your site.

After approval, we encourage you to contact the project manager and schedule a site visit.

Step 5: Submit work plans

Conduct all work according to RCRA and Utah Administrative Code R315-101.
Follow an approved work plan for all investigations and remediation.
Submit work plans to: [email protected].
Email the work plan to your project manager (or notify them of your submission via email).

Step 6: Conduct field work

Field work may include investigations, remedial actions, and verification sampling.

Notify your DWMRC project manager at least seven days before starting field work.
The DWMRC project manager may oversee field activities and may collect split samples.

Step 7: Submit reports and risk assessments

Submit reports and risk assessments to: [email protected]

In addition, email the work plan to your DWMRC project manager (or provide email notification of a submittal).

A screening level risk assessment (human health and ecological) will be required to be submitted:

After completion of nature and extent of contamination to determine if remedial actions may be required.
After completion of remedial actions to determine type of site closure.

More information on how to conduct risk assessments as well as types of closure (Section 10) are outlined in the Division’s Technical Guide to Risk Assessment (TGRA).

Step 8: Site closure

Upon completion of the closure risk assessment(s), either Corrective Action Complete Without Controls (CACWOC) or Corrective Action Complete With Controls (CACWC) will be provided.

For closures where a Corrective Action Complete With Controls (CACWC) determination is made:

Submit a Site Management Plan (SMP) to [email protected]
and
Submit an Environmental Covenant (EC) to [email protected]

Find other sites

See a list of sites with long-term administrative and/or engineering controls
You can also find sites on the Department Interactive Map

MAP: Find division sites

On the DEQ interactive map, select the Waste Management and Radiation Control tab
Select the Hazardous Waste and Used Oil tab
Select “Search 1 Layer”. This will show a Utah-wide site map.

MAP: Find a specific site

On the DEQ interactive map, open the advanced search
Select the filter type (e.g., zip code, address, site name)
Enter search information

Step 9: Payment for regulatory oversight

There is no application fee.
We will bill for agency review and plan oversight (document review, meetings, field visits).
Professional services are billed at a per-hour rate.
Fees are set by the Utah legislature.
See the current fee schedule here.
Quarterly invoices will be sent to the responsible party noted on the Environmental Cleanup Program (ECP) Application.

Sometimes, soil contaminated with hazardous waste can be treated or managed as regular, non-hazardous waste. This process is called a “contained-out” determination. It helps decide whether the soil needs the stricter handling required for hazardous waste or if it can be treated as standard solid waste.

Download contained-out application

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To manage soil as non-hazardous waste under federal rules (Resource Conservation and Recovery Act or RCRA, Subtitle D), the following must be true:

The soil must not show any hazardous waste characteristics. This can be proven through testing (TCLP) and by knowing the history of the soil. All test results must accurately represent the soil.
If the soil contains substances listed as hazardous under Utah rules (Utah Administrative Code R315-261, Subpart D), it must meet safe exposure levels for industrial workers.
It must meet Land Disposal Restrictions (LDRs).

Hazardous waste in soil

The U.S. Environmental Protection Agency (EPA) explains that contaminated soil itself isn’t automatically hazardous waste. However, if it contains listed hazardous waste or hazardous substances at high levels, it might need to be managed as hazardous waste.

Essentially, soil contaminated with hazardous waste can be classified as either hazardous or non-hazardous, depending on the concentration of the contaminants. The EPA requires that soil containing specific listed hazardous wastes or substances exceeding safe health levels be handled as hazardous waste.

Step 1: Determine if you need a contained-out determination

Is your site eligible?

Contained-out determinations may be made for any site regulated by the Utah Department of Environmental Quality, including:

Permitted sites
Sites in the Division of Waste Management and Radiation Control (DWMRC)’s Environmental Cleanup Program
Sites in the Voluntary Cleanup Program with the Division of Environmental Response and Remediation
Reported spills

Does your site require a contained-out determination?

Use the following questions to determine if your site requires a contained-out determination:

Question 1: Does the soil exhibit a hazardous waste characteristic?

If YES, treat the soil to remove the hazardous waste characteristic.

If NO, continue to Question 2.

Question 2: Does the soil contain a listed hazardous waste?

If YES, continue to Question 3.

If NO, a contained-out determination is NOT required if disposing at a lined RCRA Subtitle D landfill.

Question 3: Does the cumulative cancer risk and hazard index meet target levels for industrial workers?

If NO, treat or dispose of soil as hazardous waste (contained-in).

If YES, continue to Question 4.

Question 4: Does the soil meet LDR standards or variance requirements?

If NO, treat or dispose of soil as hazardous waste (contained-in).

If YES, the soil is eligible for a contained-out determination and may go to a lined RCRA Subtitle D landfill.

Does your soil meet risk-based standards?

The risk assessment must show that soil handling is protective of landfill workers. The assessment must demonstrate:

Carcinogenic and noncarcinogenic toxicity addressed in risk calculations.
Risk is protective of a landfill worker as discussed in the Contained-Out Determination Fact Sheet and the Technical Guide for Risk Assessments
Cumulative carcinogenic risk below a target level of 1 in 10,000 (1E-04).
Noncarcinogenic hazard index at or below 1.
Lead concentration at or below 800 mg/kg unless site-specific levels are provided.

Step 2: Apply for a contained-out determination

Complete the Contained-Out Application
Ensure all necessary data and risk assessments are included
Submit to [email protected]

Step 3: Recieve a contained-out determination

Upon review and determination that the application is complete and a contained-out determination is appropriate, we will issue a letter of approval.

Caution: Landfill considerations

Contact the landfill prior to obtaining a contained-out determination to ensure the landfill will honor it. The landfill has full discretion on whether to accept soil with a contained-out determination. Landfills may have their own acceptance criteria, which can vary.

A comfort letter from the Utah Division of Waste Management and Radiation Control (DWMRC) can provide potential property purchasers with assurance regarding existing environmental contamination. This letter indicates that, based on the information provided, the division director does not currently plan to take enforcement action or require a permit related to the contamination.

The division director has sole discretion to issue or deny a comfort letter, which does not create legal rights. To receive a letter, you must commit to complying with any institutional controls, such as Site Management Plans or Environmental Covenants, that apply to the property you acquire.

Download comfort letter application

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Who needs a comfort letter?

Prospective property buyers concerned about existing environmental contamination.
Lenders requiring assurance before approving property loans.

Step 1: Schedule a pre-application meeting (optional)

You can discuss your specific site or process with DWMRC staff before applying for a comfort letter.
Call (801) 536-0200 to schedule a meeting.

Step 2: Determine if you want a comfort letter

You may find exising contamination

Prior to purchasing a property, and after completion of your due diligence (e.g., Phase I or II Environmental Site Assessments, ESAs), you may find that the property in question may have existing environmental contamination (e.g., soil and/or groundwater contamination).

Understand the letter’s limitations

Comfort letters demonstrate that the director does not contemplate taking an enforcement action against the applicant.
Comfort letters demonstrate that the director does not contemplate requiring the applicant to obtain a permit. Importantly, however, the director retains the authority to take an enforcement action, require a permit, or both.

Environmental Site Assessments (ESAs) details

All appropriate inquiries, to include Environmental Site Assessments (ESAs), are not transferable.
The name for whom the ESA was conducted must match the name on the comfort letter application. This applies to both individuals and subsidiaries.

For a loan

Comfort letters are sometimes required by lending instructions prior to receiving a loan.

Step 3: Determine if you can apply for a comfort letter

Comfort letters are tailored for a person/entity looking to purchase property that potentially has or is known to have pre-existing contamination.

While anyone can apply, applicants that are permittees and/or responsible for the existing contamination are not likely not to be granted a comfort letter.

Step 4: Determine if you are a bona fide prospective purchaser (BFPP)

A BFPP is a prospective purchaser who can demonstrate they are not liable for existing hazardous substances on a property, even if they acquire the property knowing it is contaminated.
Question 12 of the comfort letter application specifically asks if the applicant qualifies as a bona fide prospective purchaser (BFPP).
While BFPP status is NOT required to obtain a comfort letter, understanding it is important as it addresses potential liability.

Criteria for BFPP qualification

1. Inquiring into previous ownership

You must have conducted “all appropriate inquiries” into the property’s previous ownership and uses, as defined by Per 40 Code of Federal Regulations (CFR) Part 312.

These inquiries include:

Investigations by an environmental professional to identify potential hazardous substance releases.
Phase I and, if necessary, Phase II Environmental Site Assessments (ESAs).
Identification of recorded liens (e.g., Site Management Plans, Environmental Covenants).
Interviews with past owners, operators, and occupants.
Review of federal and state records for the property and neighboring properties.
Visual inspections of the property and neighboring properties.

2. No affiliation with liable parties

You must have no association with any party responsible for the contamination.

3. Continuing obligations

You must commit to fulfilling ongoing obligations, including:

Exercising appropriate care regarding any hazardous substances found or suspected on the property
Providing all legally required notices for any discovery or release of hazardous substances
Taking reasonable steps to prevent or limit human, environmental, or natural resource exposure to existing hazardous substances
Complying with all requirements and institutional controls outlined in Site Management Plans, Environmental Covenants, or related documents

Step 5: Obtaining a comfort letter if you are a subsidiary

If the applicant is a subsidiary, you must provide documentation that establishes that the person/entity requesting the comfort letter has the authority to do so and has a connection to the person/entity that obtained site information and data.

For example, if a subsidiary company requested a comfort letter but the parent company conducted the inquiries, to include a Phase I/II Environmental Site Assessment, documentation must be provided to show that the subsidiary has the authority to request the comfort letter on their behalf.

The easiest way to do this is to ensure the applicant is the same as the entity that conducted all appropriate inquiries, and that the person requesting the comfort letter is a representative signer.

Step 6: Obtaining a comfort letter after purchase of a property

If you already own the property, you must provide documentation that demonstrates you are not responsible for the existing environmental contamination.

You should have completed “all appropriate inquiries,” or at least sufficient inquiries, to show you are not the responsible party.

Examples include:

The date of property purchase
A detailed history of property use since the purchase
Evidence that your property use and processes would not have resulted in environmental contamination
The sales agreement, if it indicates you did not purchase any existing contamination

In some cases, we may require an Environmental Covenant before issuing a comfort letter.

Step 7: Submit your application for review

Download and use the Comfort Letter Application Template
Ensure your application includes all applicable information from the template, and follow the instructions within, paying close attention to paragraph headings and formatting requirements.
A legal description of the property must be attached.
Missing or incorrect information may delay or prevent the issuance of a comfort letter.
Email the completed application to: [email protected]
If you have any questions while drafting your request, contact the Hazardous Waste Cleanup Program Manager at (801) 536-0200
A division project manager will review your application and request any additional information.

Step 8: Complete payment for your application

The application fee is $1,000.00.

Pay online here

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Item: Select Invoice Payment
Price: Enter $1,000.00
Invoice #: Enter Comfort Letter
Contact Information: Enter Name/Business, Phone and Email
Click Continue to Payment: Complete payment Information

Step 9: Receiving your comfort letter and next steps

Upon approval, the director will issue the comfort letter.
If further environmental work is needed (for example to achieve residential risk-based closure, or other to facilitate property development), the buyer can apply for the DWMRC Environmental Cleanup Program by completing an application for project oversight .

An Enforceable Written Assurance (EWA) is a written assurance provided by the Director of the Division of Waste Management and Radiation Control (DWMRC) regarding a site that is subject to a Resource Conservation and Recovery Act (RCRA) part B permit.

Download EWA application

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Step 1: Determine if you need an EWA

Check if the site is subject to a RCRA part B permit by visiting the DWMRC permits page. If it is, you may need to apply for an Enforceable Written Assurance (EWA).

Step 2: Understand the requirements for an EWA

The Director may issue an EWA if:

You are not a permittee under the operation plan
You will not be subject to an enforcement action for contamination that exists or for violations that occurred before you acquired interest in the property

The Director’s discretion to issue an EWA is governed by Utah Code 19-6-108.3.

Important Note: An EWA must be requested prior to purchasing the property. The Director’s flexibility in issuing a comfort letter to someone who has already purchased the property does not apply to EWAs.

Step 3: Apply for an EWA

Complete the EWA Application
Submit it to: [email protected]

Step 4: Pay the EWA application fee

The cost for an EWA application is $500.

Pay online here

(opens in a new tab)

Item: Select Invoice Payment
Price: Enter $500
Invoice #: Enter Comfort Letter
Contact Information: Enter Name/Business, Phone and Email
Click Continue to Payment: Complete payment Information

A Resource Conservation and Recovery Act (RCRA) permitted site is a property contaminated by hazardous waste located at a Treatment, Storage, and/or Disposal (TSD) facility. These facilities are required to obtain a RCRA Part B permit from the Utah Division of Waste Management and Radiation Control (the Division). This permit specifies the operating standards and conditions for treating, storing, and disposing of hazardous wastes.

TSD facilities: disposal vs. non-disposal

A hazardous waste land disposal unit is an area of land where hazardous waste is placed for long-term disposal. This can include landfills, surface impoundments, waste piles, land treatment units, and deep injection wells.

Facilities with hazardous waste land disposal units: These facilities may contain land disposal units that, if they cannot be fully cleaned, require a Post-Closure Plan for ongoing monitoring and maintenance. Upon closure, the facility must obtain a Part B Hazardous Waste Post-Closure Permit. This permit is a legally enforceable document outlining the requirements for post-closure care, monitoring, maintenance, and any necessary facility-wide corrective actions.

Facilities without hazardous waste land disposal units: Facilities that do not have land disposal units must obtain a Hazardous Waste Treatment and/or Storage Permit, depending on the type of Hazardous Waste Management Unit(s). These permits may also include a corrective action module to address soil and groundwater contamination across the facility.

Is my site subject to RCRA corrective action under a permit?

To determine if a site is subject to RCRA Corrective Action under a permit:

Check the Hazardous Waste Facilities Permits list: if a site is not listed, it is not a permitted site in Utah.
Search the DEQ interactive map:

Find division sites

On the DEQ interactive map, select the Waste Management and Radiation Control tab
Select the Hazardous Waste and Used Oil tab
Select “Search 1 Layer”. This will show a Utah-wide site map.

Find a specific site

On the DEQ interactive map, open the advanced search
Select the filter type (e.g., zip code, address, site name)
Enter search information

The RCRA corrective action process

The RCRA corrective action process guides the cleanup of contaminated sites.

1. RCRA Facility Assessment (RFA)

The first step in the cleanup process is the initial site assessment, known as the RCRA Facility Assessment (RFA). Information on site conditions, releases, potential releases, and exposure pathways must be gathered to determine if a cleanup is required and to identify areas of potential concern.

2. RCRA Facility Investigation (RFI)

After the initial site assessment, the site must be characterized to define the nature and extent, movement, fate, and risks associated with the contamination. The site characterization step is known as the RCRA Facility Investigation (RFI). The information collected during this phase of the process can be used to design corrective measures.

3. Corrective Action Measures Study (CMS)

Remedial alternatives must be evaluated relative to site specific conditions to determine their advantages and disadvantages before the cleanup approach or remedy is chosen. This evaluation is a study of the information known as the Corrective Action Measures Study (CMS). The CMS should weigh the information carefully and recommend a cleanup approach or remedy based on the evaluation.

4. Interim measures

Interim measures are not always part of the RCRA corrective action process. However, interim measures are actions that may be necessary to control or abate ongoing risks to human health and the environment before the final remedy is selected. Interim measures may be necessary and conducted at any point during the RCRA corrective action process prior to the final remedy implementation.

Corrective Measures Implementation (CMI)

Once the cleanup alternative has been chosen, the design, construction, operation, maintenance, and completion requirements of the remedy must be developed and implemented. The implementation of the cleanup is known as Corrective Measures Implementation (CMI).

6. Closure/post-closure

When the corrective measures have been completed, the site is evaluated for closure and/or post-closure care. If all hazardous waste and contaminants are removed from the site at closure, the site may be clean closed and post-closure care is not required. If waste or contaminants remain in place after completion, post-closure care will be required. Post-closure care commonly consists of monitoring and maintenance activities to ensure the remedy remains effective.

Types of closures

Closure may include everything from clean closed with no restrictions to mixed media closure, to closure with waste in place. Refer to Section 10 of the Division Technical Guide for Risk Assessments (TGRA) for detailed discussion on the types of closure.

Applicable rules and regulations

Utah Administrative Code sections R315-101, 264-268, and 270 apply to RCRA permitted sites and corrective actions.

General resources

Utah Administrative Code R315-101: Cleanup Action and Risk-based Closure Standards
Contained-out Determination Fact Sheet
RCRA Laws and Regulations
SW-846 Hazardous Waste Test Methods
USEPA RCRA Toolbox
RCRA Facility Investigation (RFI)
Corrective Measures Study (CMS)
USEPA Guidance on Quality Assurance Project Plan (QAPP)
Division QAPP: Minimum Quality Assurance/Quality Control (QA/QC)
USEPA Per- and Polyfluoroalkyl Substances (PFAS)
Department of Environmental Quality Interactive Map
- For Division sites, select the Waste Management and Radiation Control tab, then the Hazardous Waste and Used Oil tab, then “Search 1 Layer”. This will show a Utah-wide site map.
- For a specific site, open the advanced search, select the filter type (e.g., zip code, address, site name) and enter desired search information.
Common Abbreviations, Acronyms, and Unit Conversions Index

Applications/templates/payment

Screening levels

Drinking Water Maximum Contaminant Levels (MCLs)
USEPA Regional Screening Levels (RSLs) – note these are updated in May and November of each year
USEPA Vapor Intrusion Screening Levels (VISLs)
Los Alamos National Laboratory EcoRisk
USEPA Region V Ecological Screening Levels (ESLs)

Risk assessments

Questions?

We can help!
(801) 536-0200

Apply for voluntary cleanup

Determine if soil is hazardous waste (Contained-Out)

Apply for a comfort letter

Apply for an Enforceable Written Assurance (EWA)

Resource and Recovery Act (RCRA) permitted sites

Resources & risk assessments

Questions?