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Senate Advances Bill Toughening Criminal Penalties for Hazardous-waste Violations

Utah State Senate · February 12, 1990
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Summary

Senate committee and floor sponsors said SB170 would elevate certain knowing hazardous-waste violations to felonies to align state law with federal RCRA penalties, including fines up to $50,000 per day and prison terms; the Senate reported passage to third reading (26–2).

The Senate Health Committee reported SB170 favorably and floor sponsor Senator Reese told colleagues the bill would amend the Utah Solid and Hazardous Waste Act to increase penalties for knowing hazardous-waste violations and create a new "knowing endangerment" felony.

Sponsor’s outline: Senator Reese said the bill (as amended) would convert some existing misdemeanors into felonies with fines up to $50,000 per day and prison terms up to five years for certain knowing violations; 'knowing endangerment'—where a person knowingly transports, stores or disposes of hazardous waste and thereby places another person in imminent danger of death or serious bodily injury—would be a felony punishable by up to 15 years in prison and corporate fines that could reach $1 million.

Scope and enforcement: Senators asked whether medical waste is covered (it is not), who identifies violations (county health authorities or state health department), and which prosecutors would bring cases (county attorneys or the attorney general). The floor record notes that the attorney general’s office helped draft technical language and asserted the penalties mirror federal law (Resource Conservation and Recovery Act §3008).

Outcome: After floor questions and discussion, senators called the question and the clerk reported SB170 passed out of the Senate by a roll-call tally reported as 26 ayes, 2 nays and 1 absent; the bill was placed on the third-reading calendar.