Utah § 19-3-106 - Fee for commercial radioactive waste disposal or treatment.
Full text of Utah Utah Code § 19-3-106 — Fee for commercial radioactive waste disposal or treatment., with citation guidance and answers to common questions.
§ 19-3-106. 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.
Section 19-3-106 ("Fee for commercial radioactive waste disposal or treatment.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 19-3-106?
A common citation format is "Utah Code § 19-3-106" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 19-3-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
