Utah Code 19-3-106. Fee for commercial radioactive waste disposal or treatment
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(1)
Terms Used In Utah Code 19-3-106
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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).
(1)(b)
(1)(b)(i) On or after July 1, 2011, the fee shall be established by the department in accordance with Section 63J-1-504.
(1)(b)(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.
(1)(b)(iii) In addition to the process required by Section 63J-1-504, the department shall establish a fee that:
(1)(b)(iii)(A) is a flat fee, not based on the amount of waste treated or disposed of;
(1)(b)(iii)(B) provides for reasonable and timely oversight of radioactive waste by the department; and
(1)(b)(iii)(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)
(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.
(2)(b) The department shall deposit the fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108.
(3)
(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.
(3)(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.
(3)(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.