24-2-109. PERMITS. (SECTION 9.0).
(1) Department approval and permits required.
a. No construction building permit for a facility or site shall be issued without approval from the Department.
b. No business license for the operation of a facility, site or waste contractor shall be issued except upon the presentation of a signed inspection report from the Department indicating that all facilities, sites and vehicles to be used in handling solid waste have been inspected and approved by the Department and a permit has been issued to the applicant for each vehicle to be used in such handling or hauling of solid waste.
c. No person shall operate a facility or site without a corresponding valid permit from the Department.
d. The Department may exempt a hazardous waste facility or site from the permit requirements if the facility or site is permitted under a hazardous waste program authorized by the State of Utah or the United States Government or both. (9.1)
(2) Application requirements for approval and permit.
a. Application for approval for construction of a facility or site or a permit for operating a facility or site or engaging in the business of a waste contractor shall be in writing setting forth the plans, specifications, and reports as required in the applicable sections of these regulations. The Department may prescribe the form on which the information required under these regulations shall be submitted. Application shall be made within the following time periods:
i. For approval for construction of a new facility, site or business, at least 60 calendar days prior to the start of construction;
ii. For a permit to operate a new facility, site or business, prior to commencement of operation of the facility, site or business; and
iii. For a permit to operate an existing facility, site or business, no later than 180 calendar days after the effective date of these regulations.
b. Upon approval of the permit application and receipt of the bond, the Department shall issue a permit. Such permit shall expire on January 1 of each year following issuance and be renewable within 60 calendar days prior to the expiration date. (9.2)
(3) Permit fees.
a. The fee for each permit shall be based on the reasonable expenses incurred by the Department to review plans and specifications, conduct inspection and act upon the permit application.
i. For a facility or site, the fee shall be:
1. 0-15 tons/day max. design capacity - $50
2. 16-200 tons/day max. design capacity - $100
3. 201-700 tons/day max. design capacity - $150
4. 701 or more tons/day max. design capacity - $200
ii. For a waste contractor, the fee shall be 85 per vehicle.
b. A late fee of $825 shall be charged in addition to the permit fee for every business applying subsequent to the time periods specified in Section 9.2.
c. No permit fee is refundable for any reason.
d. The following exemptions shall be made to the permit fee requirement:
i. Governmental agencies applying for a permit may be exempted from paying the fee unless there is some rule or policy of that agency allowing for the payment of a fee.
ii. With the approval of the Director, a volunteer special recycling collection center or resource recovery activity including, but not limited to, paper, bottle and can drives or sites for disposal of inert wastes may be issued a permit without cost or bond requirement or both. Any approval provision shall not be construed as an exemption from complying with the requirements of these rules and regulations. (9.3)
(4) Permits nontransferable. No permit shall be transferable from one person to another, one site or facility to another, or one vehicle to another. (9.4)
(5) Suspension or revocation of approval or permit.
a. Causes. Construction approval or any permit issued pursuant to these regulations may be denied, suspended or revoked by the Director for any of the following reasons:
i. Failure of the reports, plans or specifications to show that the facility or site will be constructed, operated or maintained in accordance with the requirements and standards of these rules and regulations.
ii. Submission of incorrect or false information in the application, reports, plans or specifications.
iii. Failure to construct, operate or maintain the facility, site or vehicles in accordance with the application, reports, plans and specifications approved by the Department.
iv. Operation of the facility, site or business in a way that causes or creates a nuisance or hazard to the public health, safety or welfare.
v. Violation of any rules and regulations, restrictions or requirements adopted by the Department.
vi. Violation of any condition upon which the permit was issued.
vii. Failure to pay the permit fee or post the surety bond.
viii. Failure to pay any deficiency in the required bond.
ix. Failure of the owner or operator of a facility or site to permit or allow the Department to conduct inspections to determine compliance with these regulations.
b. Hearing. If any permit is denied, suspended or revoked, the applicant may request a hearing within 10 calendar days of such action. The hearing shall be held before the Director within 10 calendar days after the request. Within 10 calendar days after the hearing, the Department shall send written notice to all parties of the decision of the Director and the reasons therefor. (9.5)