HB4411 EN AM 2-14 #1
The House Energy Committee moves to amend the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
“ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.
(a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles four and four-a, chapter twenty-two-c of this code.
(b) Except as provided in section nine of this article, the maximum quantity of solid waste which may lawfully be received or disposed of at any commercial solid waste facility is thirty thousand tons per month.
(c) The director shall, within the limits contained in this article, place a limit on the amount of solid waste received or disposed of per month in commercial solid waste facilities. The director shall consider at a minimum the following criteria in determining a commercial solid waste facility’s monthly tonnage limit:
(1) The proximity and potential impact of the solid waste facility upon groundwater, surface water and potable water;
(2) The projected life and design capacity of the solid waste facility;
(3) The available air space, lined acreage, equipment type and size, adequate personnel and wastewater treatment capabilities; and
(4) Other factors related to the environmentally safe and efficient disposal of solid waste.
(d) Within the limits established in this article, the director shall determine the amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or placed in a solid waste facility.
(e) The director shall promulgate emergency rules, and propose for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the requirements of this section. When developing the rules, the director shall consider at a minimum the potential impact of the treatment, storage, processing, composting, dumping or placing sewage sludge at a solid waste facility:
(1) On the groundwater, surface waters and potable waters in the area;
(2) On the air quality in the area;
(3) On the projected life and design capacity of the solid waste facility;
(4) On the available air space, lined acreage, equipment type and size, personnel and wastewater treatment capabilities;
(5) The facility's ability to adequately develop markets and market the product which results from the proper treatment of sewage sludge; and
(6) Other factors related to the environmentally safe and efficient treatment, storage, processing, composting, dumping or placing of sewage sludge at a solid waste facility.
(f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other materials that have been approved by the director prior to disposal. Alternative sewage sludge disposal methods can be utilized upon obtaining written approval from the director. No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent of the total tons of solid waste accepted at the facility for land filling in the preceding month.
(g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste facility may lawfully receive drill cuttings and drilling waste generated from horizontal well sites above the monthly tonnage limits of the commercial solid waste facility, under the following conditions:
(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated solely to the disposal of drill cuttings and drilling waste; and
(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed pursuant to the standards set out in this article and Legislative rules promulgated thereunder.
(2) The secretary may allow solid waste facilities that applied by December 31, 2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility without counting the deposited drill cuttings and associated drilling waste towards the landfill’s permitted monthly tonnage limits, until September 30, 2014.
(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity up to and including its permitted tonnage limit when the facility is allowed to lawfully receive drill cuttings or drilling waste above its permitted tonnage limits.
(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to, at a minimum, establish a radiation limit and establish the procedures the facility must follow if that limit is exceeded.”