Hazardous Waste Permitting and Compliance

What is a Hazardous Waste?

A hazardous waste is specifically listed by the Utah Solid and Hazardous Waste Rules or exhibits a characteristic such as ignitability, corrosivity, reactivity, or toxicity (as defined by the rules). Common hazardous waste may include paint, solvents used in painting and dry cleaning, and pesticides. Visit the Rules website for details.

Permits

Individuals who treat, store or dispose of hazardous waste must comply with a permit. However, the rules allow generators of small quantities of hazardous waste to store in accordance with certain requirements in lieu of a permit. Custom permit conditions are developed to reflect a facility’s specific waste type, waste management equipment, and operating conditions such as:

• Air, Groundwater and Soil Sampling and Monitoring
• Analytical Procedures
• Closure Plans
• Emergency Procedures
• Operating Procedures
• Personnel Training
• Procedures to Clean Up any Past and Future Releases of Hazardous Waste
• Record Keeping
• Type of Management Units, Installation and Construction of Units, Equipment Maintenance and Inspections

Process Overview

To begin the process, contact the Division to make sure you understand what will be required under an application.

When you’ve completed an application, the Division will review it. Additional information may be requested. Once the review is complete, either a draft permit or a denial will be issued. Draft permits are subject to at least 45 days of public comment and a public hearing. Permit applications must be processed within one year, excluding time spent waiting for applicant responses, public participation, or review by other federal or state agencies.

Compliance Monitoring

Division technical experts are continually overseeing hazardous waste management activities by conducting on-site inspections; sampling; auditing lab procedures; evaluating technical data such as incineration operating data, soil sampling data, or groundwater monitoring data.

Fees

• Fees vary depending upon the type of facility.
• Additional review fees will be assessed, based upon the type of application and time needed to complete it.
• Fees are also charged for permit modifications.

Time Required

Hazardous waste storage permits typically take 12-18 months to process. Treatment and disposal permits are more complex and take longer.

Term

Hazardous waste permits can be valid for up to 10 years. All permits may be modified or revoked when warranted.

Modification of Permits

The permit must be modified when facilities desire to change operating plans, equipment, or personnel. Prior to the Division making a final determination on any substantial changes, the public will have an opportunity to provide comments and assist the Division in reaching a final decision.

Permit Violations

Warning Letters or Notices of Violation and Compliance Orders can be issued for violations. Facilities must immediately correct any deficiencies and may provide additional information concerning the alleged violations. Violations are resolved by entering into consent agreements or by civil litigation. Consent agreements are not finalized until the public has an opportunity to comment.

Notice of Public Involvement

The Division maintains mailing lists of individuals interested in specific facilities within a county. Mailing list participants receive notices of facility sponsored informational meetings, minor permit changes, public comment periods for substantial permit changes, and final permit decisions.

Notices of public comment periods are submitted to local newspapers. Public hearings also include a radio announcement. The Division strives to work closely with facilities and the community to address technical issues that allow a facility to maximize operating efficiency and minimize any impact on human health and the environment.

Contact

We welcome your comments and suggestions. Please contact Deborah Ng ([email protected]), (385) 499-0837.