2011 Utah Code
Title 19 Environmental Quality Code
Chapter 9 Hazardous Waste Facilities Management Act
Section 103 Petition for creation of hazardous waste facilities authority -- Recommendation to governor -- Action by governor.

19-9-103. Petition for creation of hazardous waste facilities authority -- Recommendation to governor -- Action by governor.
(1) Any person who believes that the treatment, storage, and disposal of hazardous waste within the state are not being adequately serviced by private industry may file a petition with the board seeking the creation and establishment of a hazardous waste facilities authority.
(2) The petition shall be signed by the petitioner and set forth with particularity the reasons petitioner is relying upon in support of the petitioner's conclusion that the hazardous waste needs are not being satisfied.
(3) Upon the receipt of a petition, and after such public notice of the date and place of hearing as the board considers appropriate is given, the board shall conduct at least one public hearing on the issues raised by the petitioner.
(4) At the conclusion of the hearing or hearings, the board shall approve or disapprove the petition. The action of the board shall be supported by written findings of fact which shall be served upon the petitioner by certified mail.
(5) If the board approves the petition, it shall make a written recommendation to the governor that action be taken to create and establish the authority. The governor, within 30 days after receipt of the recommendation, shall affirm it or remand the recommendation to the board for its reconsideration.
(6) If the recommendation is remanded, the board shall reconsider its action and either reapprove or disapprove the petition. If the petition is reapproved, it shall forward a notice of its reapproval to the governor who shall proceed to create and establish the authority; otherwise, the board shall forward notice of its disapproval to the petitioner by certified mail.