| (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. |
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| (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. |
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