PROMONTORY POINT LANDFILL
Frequently Asked Questions
Can you tell me a little more about the Promontory Point Landfill?
The landfill is located on the west side of the southern peninsula tip of Promontory Point. It currently holds a Class I solid waste permit initially issued by DEQ in March 2004. The landfill is the only privately owned landfill in the state. Although Promontory Point LLC hasn’t secured a contract with a local governmental entity or received any waste to date, the company recently broke ground on the 2,000 acre site and plans to begin operations in Fall 2018. The site includes 1,000 acres for disposal bounded by a 1,000 acre buffer area.
What’s the difference between a Class I and a Class V permit?
Class I Permit
Class I landfills are noncommercial facilities that can accept municipal solid waste, commercial waste, industrial waste, construction/demolition waste, special waste such as incinerator ash, and conditionally exempt small-quantity generator hazardous waste. A Class I permit requires that, among other things, a facility meets the following conditions before it can accept waste:
Class V Permit
Class V landfills can accept the same wastes approved under Class I permits, but there are some key differences:
Because Class V landfills can accept regional waste, there is a greater likelihood that higher volumes of special wastes such as asbestos, ash, coal combustion residual (CCR or coal ash), bulk wastes, PCB-containing wastes, petroleum-contaminated soils, and waste asphalt could be disposed in the landfill, as these wastes are typically produced in smaller quantities or not produced at all in many local jurisdictions.
What is the permit history for the site?
Class I Permit
Class V Permit
What is a Needs Assessment?
State statute requires the submission of a Needs Assessment for Class V landfills. The Director of DWMRC may not approve a solid waste operation plan unless it includes the following evidence to support the application:
What are the next steps?
The Class I permit modification to relocate the downgradient monitoring wells is out for public comment. DWMRC will consider public comments in its decision-making on the permit modification.
DWMRC is currently reviewing the Needs Assessment Addendum for the Class V permit application.
Promontory Point LLC can begin accepting waste under its Class I permit once it completes construction on the landfill and secures a contract with a local government entity for disposal of locally-generated waste.
To ensure compliance with R315-308-2(2), Promontory Point Landfill is submitting this Major Permit Modification request for the installation/relocation of three downgradient monitoring wells.
The Director of the Division of Waste Management and Radiation Control is seeking public comment on a request from Promontory Point Resources, LLC to modify its existing Class I Permit for the Promontory Point Landfill. The landfill is located on the west side of the southern peninsula tip of Promontory Point. This major modification changes the three downgradient monitoring well locations to within 500 feet of the landfill unit boundary.
The public comment period to receive comments on this request will commence on January 13, 2018 and end on February 14, 2018. Documents related to this request can be reviewed at the following location: Division of Waste Management and Radiation Control Multi-Agency State Office Building 195 North 1950 West, 2nd Floor Salt Lake City, Utah For the public’s convenience, a copy of the Permit Modification Request, Downgradient Monitoring Well Installation/Relocation letter and the draft permit are available on the Internet at http://www.deq.utah.gov/NewsNotices/notices/waste/index.htm#phacp
Written comments relating to this major modification will be accepted if received by 5:00 p.m. on February 14, 2018 and should be submitted to the address below. Comments can also be hand delivered to the Division address and must be received by 5:00 p.m. on February 14, 2018.
Scott T. Anderson,
Director Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Comments can also be sent by electronic mail to: “email@example.com”. Comments sent in electronic format should be identified by putting the following in the subject line: Public Comment on Promontory Point Landfill Modification. All documents included in the comments should be submitted as ASCII (text) files or in pdf format.
Under Utah Code Section 19-1-301.5, a person who wishes to challenge a Permit Order may only raise an issue or argument during an adjudicatory proceeding that was raised during the public comment period and was supported with sufficient information or documentation to enable the Director to fully consider the substance and significance of the issue.
For further information, contact Matt Sullivan of the Division of Waste Management and Radiation Control at (801) 536-0241. In compliance with the Americans with Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Larene Wyss, Office of Human Resources at (801) 536-4281, TDD (801) 536-4284 or by email at firstname.lastname@example.org.
by Leia Larsen
Approval for a large landfill on the Great Salt Lake’s Promontory Point sailed through the Utah Legislature two years ago. Now, the lawmaker who backed the measure says he wasn’t fully aware of the facts or demand for urgent action.
The owners, Promontory Point Resources LLC, or PPR, helped rush a joint resolution through the 2016 legislative session. It was proposed and passed in the 11th hour, just before the 45-day bill-passing bonanza ended.
The resolution’s sponsor, Rep. Lee Perry, recently said the measure was presented to him as an urgent matter, tied to an immediate economic opportunity. Confusion about what type of waste would be accepted, where waste would come from and local support for the project were essentially unheeded.
Now, two years later, PPR is seeking clearance to accept out-of-state waste at the 2,000-acre property, located on the southern tip of their namesake peninsula.
“I have to look back and say, ‘It’s been two years; we haven’t seen it come together,’” Perry said in a recent interview. “Was the demand necessary?”
Attention: Allan Moore
Solid Waste Program Manager
Great Salt Lake Advisory Council https://deq.utah.gov/great-salt-lake-advisory-council/index.htm
January 10, 2018
Utah Division of Solid & Hazardous Waste Department of Environmental Quality
195 North 1950 West
Salt Lake City, UT 84116
Re: Promontory Landfill Class V RDCC Project No. 59842
At a meeting of the Great Salt Lake Advisory Council (“Council”) held today, Council members voted unanimously to send this letter to identify initial questions, issues and concerns related to Great Salt Lake (“GSL” or the “lake”) that the Council believes need to be addressed in the permitting process associated with the proposed change to the Promontory Landfill, referenced above, from a Class I to a Class V landfill.
Great Salt Lake Advisory Council Duty to Advise and Assist the Division of Environmental Quality in its Responsibilities for Great Salt Lake
The Great Salt Lake Advisory Council (“Council”) was established by House Bill 343 in the 2010 session of the Utah State Legislature. Council members are appointed by the Governor and confirmed by the Utah Senate.
The duties of the Council include:
Economic & Ecological Values of the Resource
A 2012 economic study commissioned by the Council estimated economic output generated by GSL at $1.3 billion, including $1.1 billion from evaporative mining, $136 million from tourism and recreation, and $57 million from the harvest of brine shrimp. The study estimated that those industries resulted in $375 million in paychecks and supported 7,706 local jobs. These economic contributions are dependent upon a healthy GSL ecosystem.
The Great Salt Lake also has significant ecological value. It plays a critical role for birds, including some of the largest concentrations of certain species of waterbirds in the Western hemisphere and, in some cases, the world. Over five million birds from 257 different species rely on the lake to live, feed, rest, breed and nest. The lake plays a particularly critical role for migratory birds. Birds come to the lake by the millions to eat and rest during migration, and other species stay to breed, nest and raise their young. The lake contains abundant food for birds, including very important brine shrimp and other macroinvertebrates. These ecological values depend upon a healthy ecosystem.
Questions and Concerns Regarding Proposed Class V Status for Promontory Landfill
The letter is not intended to reflect a detailed analysis of the application, nor or an exhaustive list of potential issues to be addressed in the permitting process. Rather the letter attempts to identify questions and concerns broadly shared by Council members. Those questions and concerns include the following:
Unique Nature of the Site and Associated Risks. The location of this site poses a particular challenge given its close proximity to, and location immediately uphill from, GSL. That location means that, if these concerns are not adequately addressed along with ample safeguards and planning for the unexpected, the landfill could pose a catastrophic threat to GSL, a natural resource of hemispheric—if not global—importance.
At a minimum, the Council believes further studies are needed to determine the full extent of the risks and the adequacy of the measures designed to address them. Those studies include a more extensive study of groundwatermovement on Promontory and how this facility could affect ground and surface water resources, as well as the adequacy of the facility to (i) capture and process leachate; (ii) prevent the escape of fugitive waste and other debris; (iii) prevent fly ash or other toxic dust from entering the environment from the landfill or from transportation to the landfill; and (iv) withstand natural disasters such as earthquakes, seiche waves which have occurred, and will likely occur again in this area, as well as degradation of the liners over time.
Thank you for your consideration and for the opportunity to pose these important questions and provide these initial comments.
If there is information that the Council could provide to assist the Department of Environmental Quality in evaluating this proposal, please let us know.
Sent by email to: email@example.com