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DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
SOLID WASTE LANDFILL PERMIT
Cell #7 landfill@EEI Class VII Landfill
Pursuant to the provisions of the Utah Solid and Hazardous Waste Act (the Act), Title 19,
Chapter 6, Part 1 of the Utah Code, and Utah Administrative Code R315-301 through 322 (the Rules) adopted thereunder, this Permit is issued to Environmental Energy Innovations LLC as owner and operator (Permittee),
to own, construct, and operate the Environmental Energy Innovations LLC Cell #7 landfill@EEI Class VII Landfill located in the NE ¼ of Section 18, Township 4 South, Range 2 West, Uintah Special Meridian, Duchesne County, Utah. The Permit Application was first submitted on June 8, 2023, and was determined to be complete on January 7, 2025 (see Statement of Basis for
the Cell #7 landfill@EEI Class VII Landfill Permit).
The Permittee is subject to the requirements of the Act, the Rules, and the requirements set forth herein.
All references to the Rules are to regulations that are in effect on the date that this Permit becomes effective.
This Permit shall become effective .
Closure Cost Revision Date: .
This Permit shall expire at midnight .
Signed this day of , 2025.
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
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FACILITY OWNER/OPERATOR INFORMATION LANDFILL NAME: Cell #7 landfill@EEI
OWNER NAME: Environmental Energy Innovations LLC
OWNER ADDRESS: P.O. Box 1389 Roosevelt, UT 84066
OWNER PHONE NO.: (801) 599-7213
OPERATOR NAME: Environmental Energy Innovations LLC
OPERATOR ADDRESS: Same as Owner
OPERATOR PHONE NO.: Same as Owner
TYPE OF PERMIT: Class VII Landfill
PERMIT NUMBER: Application No. A-139489 until permit is issued
LOCATION: The facility is located in Township 4 South, Range 2 West, Section 18, USM; Duchesne County, Lat. 40º 8' 5.3" N, Long. 110º 8' 53.4" W. It is located in Pleasant
Valley, approximately 3 miles south of US Highway 40 and 1 mile west of 9 Mile Road. The landfill cell boundary is identified as Cell #7 shown in Attachment 1.
PERMIT HISTORY Cell #7 as identified in Attachment 1 to the Permit historically operated as a “landfarm” according to the provisions and approval from the Utah Division of Oil, Gas, and Mining. On June 8, 2023, an application for a landfill permit for Cell #7 was submitted. On
August 8, 2023, the cell was approved for use as a Waste Storage Pile (DSHW-2023-206061). This Permit is the initial landfill permit for Cell #7 landfill@EEI. This Permit is effective on the date
shown on the signature page.
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RECITALS
A. The term “Permit,” as used in this Permit, is defined in Utah Admin. Code R315-301-2(59).
B. The term “Director,” as used throughout this Permit, refers to the Director of the Division of Waste Management and Radiation Control (Division).
C. The Permit Application (DSHW-2024-009053 and DSHW-2025-000094) for Cell #7
landfill@EEI was deemed complete on the date shown on the signature page of this Permit. D. This Permit consists of the signature page, Facility Owner/Operator Information section, General Permit Conditions, Specific Permit Conditions, and all attachments to this Permit.
E. The term “facility,” as used in this Permit, consists of one Class VII landfill cell, referred to as Cell #7, for the landfilling of oil and gas exploration and production waste. E.1 The “facility,” as used in this Permit, does not include solid waste management units
outside of Cell #7, such as cells 1 through 6; cells 8 through 12; holding tanks;
unloading and dewatering units described in the attachments; headworks; a “Solids Separator;” or the holding ponds used to manage liquids. GENERAL PERMIT CONDITIONS
1. CONTROLLING TERMS Where differences in wording exist between this Permit and the attachments of this Permit, the wording of this Permit supersedes that of the attachments.
2. COMPLIANCE NO DEFENSE
Compliance with this Permit does not constitute a defense to actions brought under any other local, state, or federal laws. This Permit does not exempt the Permittee from obtaining any other local, state, or federal permits or approvals required for the facility’s operation.
3. EFFECT OF PERMIT
The issuance of this Permit does not convey any property rights, in either real or personal property, or any exclusive privileges. Nor does this Permit authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations, including zoning ordinances.
4. SEVERABILITY The provisions of this Permit are severable. If any provision of this Permit is held invalid for any reason, the remaining provisions shall remain in full force and effect. If the application of any provision of this Permit to any circumstance is held invalid, its application to other
circumstances shall not be affected.
5. INCORPORATION OF RECITALS The aforementioned recitals are expressly incorporated into and made a part of this Permit.
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6. INCORPORATION OF ATTACHMENTS
Attachments to this Permit are incorporated by reference into and made part of this Permit, as
are documents incorporated by reference into the attachments. All commitments the Permittee has made in the attachments of this Permit, including, without limitation, commitments concerning design, construction, operation, closure, post-closure, and financial assurance, are enforceable under Utah Admin. Code R315-301-5(2).
By this Permit, the Permittee is subject to the following conditions.
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PERMIT REQUIREMENTS
I. GENERAL COMPLIANCE RESPONSIBILITIES
I.A. General Operation
I.A.1. The Permittee shall operate the landfill in accordance with all applicable requirements of Utah Admin. Code R315-321 that are in effect as of the date of this Permit unless otherwise noted in this Permit. Any permit noncompliance or noncompliance with any applicable provisions of the Act or the Rules constitutes a violation of this Permit or
applicable statute or rule and is grounds for an enforcement action, permit revocation,
modification, termination, or denial of a permit renewal application.
I.B. Acceptable Waste
I.B.1. This Permit is for disposal of nonhazardous exploration and production waste, as defined in Utah Admin. Code R315-301-2(26). “Exploration and production waste” means solid wastes that are intrinsically derived from primary field operations
associated with the exploration, development, or production of crude oil or natural gas, but only to the extent the waste is exempt from hazardous waste regulation according to Utah Admin. Code Subsection R315-261-4(b)(5).
I.C. Prohibited Waste
I.C.1. Any prohibited waste received and accepted for disposal at the facility shall constitute a
violation of this Permit, the Act, and the Rules.
I.C.2. Prohibited waste may include, but is not limited to:
I.C.2.a Hazardous waste as defined by Utah Admin. Code R315-261;
I.C.2.b PCBs as defined by Utah Admin. Code R315-301-2(57), except PCBs specified by
Utah Admin. Code R315-315-7(2)(a) and (c);
I.C.2.c Household waste as defined by Utah Admin. Code R315-301-2(36);
I.C.2.d Municipal solid waste as defined by Utah Admin. Code R315-301- 2(50);
I.C.2.e Commercial solid waste as defined by Utah Admin. Code R315- 301-2(15); and
I.C.2.f Asbestos waste as defined by Utah Admin. Code R315-301-2(5) or any asbestos containing material.
I.D. Inspections and Inspection Access
I.D.1. The Permittee shall allow the Director, authorized representatives of the Director, or representatives from the TriCounty Health Department, with or without prior notice, to enter at reasonable times to:
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I.D.1.a Inspect the landfill or other premises, practices, or operations regulated or required under the terms and conditions of this Permit or the Rules;
I.D.1.b Have access to and make copies of any records required to be kept under the terms and
conditions of this Permit or the Rules;
I.D.1.c Inspect any loads of waste, treatment facilities or processes, pollution management facilities or processes, or control facilities or processes required under this Permit or the Rules; and
I.D.1.d Use photographic equipment, video camera, electronic recording device, or any other
reasonable means to record information during an inspection.
I.E. Noncompliance
I.E.1. If monitoring, inspection, or testing indicates that any condition of this Permit or any applicable requirement of the Act or the Rules may be or is being violated, the
Permittee shall promptly make corrections to the operation or other activities to bring
the facility into compliance with the Act, the Rules, and this Permit.
I.E.2. In the event of noncompliance with any condition of this Permit or violation of an applicable Rule, the Permittee shall promptly take any action reasonably necessary to correct the noncompliance or violation and mitigate any risk to the human health or the
environment. Actions may include eliminating the activity causing the noncompliance
or violation and containment of any waste or contamination using barriers or access restrictions, placing warning signs, or permanently closing areas of the facility.
I.E.3. The Permittee shall:
I.E.3.a Document the noncompliance or violation in the daily operating record, on the day the
event occurred or the day it was discovered;
I.E.3.b Notify the Director by telephone within 24 hours, or the next business day following documentation of the noncompliance or violation; and
I.E.3.c Give written notice of the noncompliance or violation and measures taken to protect human health and the environment within seven days after notifying the Director.
I.E.4. Within 30 days after the noncompliance or violation, the Permittee shall submit to the
Director a written report describing the nature and extent of the noncompliance or violation and the remedial measures taken or to be taken to protect human health and the environment and to eliminate the noncompliance or violation. Upon receipt and review of the assessment report, the Director may order the Permittee to perform
appropriate remedial measures, such as developing a site remediation plan for approval
by the Director.
I.E.5. In an enforcement action, the Permittee may not claim as a defense that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the Rules and this Permit.
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I.F. Revocation
I.F.1. This Permit is subject to revocation if the Permittee fails to comply with any condition
of this Permit. The Director will notify the Permittee in writing prior to any proposed
revocation action and such action shall be subject to all applicable hearing procedures established under R305-7 and the Utah Administrative Procedures Act, Utah Code Section 63G-4-101 et seq.
II. DESIGN AND CONSTRUCTION
II.A. Design and Construction
II.A.1. The landfill shall be constructed according to the design outlined in Attachment 1 and in the area designated in Attachment 1, including landfill cells, fences, gates, and berms prior to acceptance of waste.
II.A.2. If groundwater is encountered during excavation of the landfill, the Permittee shall
cease excavation, notify the Director immediately, implement a contingency plan, and
develop and submit to the Director an alternative construction design for approval.
II.A.3. No later than 90 days after construction, the Permittee shall:
II.A.3.a Notify the Director of completion of construction of any engineered structure or feature, excluding buildings, and including but not limited to any landfill cell, sub-cell,
landfill liner, monitoring system, control or collection system, waste treatment unit, or
final cover; and
II.A.3.b Submit construction documents, including as-built drawings for each construction event, to the Director for review.
II.A.4. No waste shall be accepted into an engineered structure or feature until the Director has
reviewed the as-built documents and has provided approval for acceptance of waste.
II.B. Run-On and Run-Off Control Systems
II.B.1. The Permittee shall maintain run-on and run-off control systems as specified in Attachment 1.
II.B.1.a Run-on control systems shall prevent run-on from entering the active area of the
facility; and run-off control systems shall contain, and collect and treat, if necessary,
run-off from the active area of the facility.
III. LANDFILL OPERATION
III.A. Operations Plan
III.A.1. At all times, the Permittee shall keep the Operations Plan included in Attachment 2 on
site at the facility. The Permittee shall operate the landfill in accordance with the
Operations Plan. If necessary, the Permittee may modify the Operations Plan following the procedures of Utah Admin. Code R315-311-2(1) upon approval from the Director.
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III.A.2. At all times, the Permittee shall keep the High Liquids Waste Management Plan included in Attachment 2 on site at the facility. The Permittee shall operate the landfill
in accordance with the High Liquids Waste Management Plan. If necessary, the
Permittee may modify the High Liquids Waste Management Plan following the procedures of Utah Admin. Code R315-311-2(1) upon approval from the Director. The Permittee shall note any modification to the High Liquids Waste Management Plan in the daily operating record.
III.B. Security
III.B.1. The Permittee shall operate the facility so that unauthorized entry to the facility is restricted. The Permittee shall:
III.B.1.a Lock all facility gates and other access routes during the time the facility is closed;
III.B.1.b Have at least one person employed by the Permittee at the facility during the time the
facility is open; and
III.B.1.c Construct and maintain all fencing and any other access controls, as required by Utah Admin. Code R315-303-3(8), to prevent access by the public and large animals.
III.C. Training
III.C.1. The Permittee shall provide training for on-site personnel in landfill operation,
including but not limited to waste load inspection, hazardous waste identification, personal safety and protection, and relevant documentation and notification requirements.
III.D. Burning of Waste
III.D.1. Intentional burning of solid waste is prohibited and is a violation of Utah Admin. Code
R315-303-4(2)(b).
III.D.2. The Permittee shall take reasonable steps to prevent the ignition of accidental fires, maintain adequate fire protection to control any fires that may occur at the facility, and extinguish all accidental fires that ignite despite these steps as soon as reasonably possible.
III.E. Cover
III.E.1. The Permittee shall cover wastes that attract or are capable of providing food for vectors, materials that may become windblown litter, or fine materials that may become fugitive dust with a minimum of six inches of soil at the end of the working day in which the wastes are received.
III.E.2. The Permittee shall record in the daily operating record and the operator shall certify, at
the end of each day of operation soil is placed, the amount and type of cover placed and the area receiving cover.
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III.F. Waste Inspections
III.F.1. The Permittee shall visually inspect incoming waste loads to verify that no waste other
than those allowed by this Permit are disposed in the landfill. The Permittee shall
conduct a complete waste inspection at a minimum frequency of 1% of incoming loads, but no less than one complete inspection per day. The Permittee shall select the loads to be inspected on a random basis.
III.F.2. The Permittee shall inspect all loads that the Permittee suspects may contain a waste
not allowed for disposal at the landfill.
III.F.3. The Permittee shall conduct random waste inspections as follows:
III.F.3.a The Permittee shall conduct the random waste inspection at the unloading area;
III.F.3.b If needed, the Permittee shall use equipment or hand tools to spread loads for inspection;
III.F.3.c Personnel trained in hazardous waste recognition and recognition of other unacceptable
waste shall conduct a visual inspection of the waste; and
III.F.3.d The personnel conducting the inspection shall record the results of the inspection on a waste inspection form. The Permittee shall place the waste inspection form in the daily operating record at the end of the operating day.
III.F.3.e The Permittee or the waste transporter shall properly dispose of any waste found that is
not acceptable at the facility at an approved disposal site for the waste type and handle the waste according to the Rules covering the waste type.
III.G. Self-Inspections
III.G.1. The Permittee shall inspect the facility to prevent malfunctions and deterioration,
operator errors, and discharges that may cause or lead to the release of wastes or
contaminated materials to the environment or create a threat to human health or the environment.
III.G.2. The Permittee shall complete inspections no less than quarterly.
III.G.3. The Permittee’s inspections shall cover the following areas: Waste placement and
compaction; fences and access controls; roads; run-on/run-off controls; final and
intermediate cover; litter controls; and records.
III.G.4. The Permittee shall place a record of the inspections in the daily operating record on the day of the inspection and such record shall include the information required by Utah Admin. Code R315-302-2(5)(a).
III.G.5. The Permittee shall keep the record of the inspections at the facility for at least three
years from the date of inspection, and such inspection records shall be available to the Director or the Director’s representatives upon request.
III.G.6. The Permittee shall correct the problems identified in the inspections in a timely manner and document the corrective actions in the daily operating record.
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III.H. Recordkeeping
III.H.1. The Permittee shall maintain and keep at the facility, a daily operating record and other
general records of landfill operation as required by Utah Admin. Code R315-302-2(3).
The landfill operator, or other designated personnel, shall date and sign the daily operating record at the end of each operating day. Each record kept by the Permittee shall contain the signature of the appropriate operator or personnel and the date signed.
III.H.2. The daily operating record shall consist of the following two types of documents:
III.H.2.a Records related to the daily landfill operation or periodic events, including:
The number of loads of waste and the weights or volumes, or estimates of weights or volumes, of waste received each day of operation and recorded at the end of each operating day;
Nonhazardous waste manifests and nonhazardous waste determinations
associated with accepted waste loads;
Major deviations from the approved Plan of Operations, recorded at the end of the operating day the deviation occurred;
Results of monitoring required by this Permit recorded in the daily operating record on the day of the event or the day the information is received; and
Records of all inspections conducted by the Permittee, results of the inspections,
and, if necessary, corrective actions taken shall be recorded in the record on the day of the event.
III.H.2.b Records of a general nature, including:
A copy of this Permit, including all attachments;
Results of inspections conducted by representatives of the Director, and of
representatives of the local Health Department, when forwarded to the Permittee;
Closure and Post-closure care plans; and
Records of employee training
III.I. Reporting
III.I.1. The Permittee shall prepare and submit to the Director an Annual Report as required by
Utah Admin. Code R315-302-2(4), using the Division’s Community Portal.
III.J. Roads
III.J.1. The Permittee shall maintain all access roads within the facility boundary that are used for transporting waste to the landfill to assure safe and reliable all-weather access to
and from the disposal area.
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III.K. Litter Control
III.K.1. The Permittee shall minimize litter resulting from operations of the landfill.
III.L. Ground Water Monitoring
III.L.1. The Permittee is exempt from the ground water monitoring requirements of Utah Admin. Code R315-308 pursuant to Utah Admin. Code R315-321-4(3) and Utah Admin. Code R315-302-1(2)(e)(i)(B).
IV. CLOSURE REQUIREMENTS
IV.A. Closure
IV.A.1. Final cover of the landfill shall be as shown in Attachment 3. The final cover shall meet, at a minimum, the standard design for closure as specified in Utah Admin. Code R315-302-3.
IV.A.2. The permittee shall notify the director of the intent to implement the closure plan in
whole or part, 60 days before the projected final receipt of waste at the unit or facility
unless otherwise specified in the approved closure plan.
IV.A.3. The permittee shall commence implementation of the Closure Plan within 30 days of final receipt of waste and complete closure activities within 180 days of beginning closure activities.
IV.A.4. Upon completion of closure activities, the Permittee shall submit to the Director for
approval all documents demonstrating closure activities, and a certification from the Permittee that the landfill has been closed in accordance with an approved Closure Plan.
IV.B. Title Recording
IV.B.1. The Permittee shall meet the requirements of Utah Admin. Code R315-302-2(6) by
recording a notice with the Duchesne County Recorder as part of the record of title that the property has been used as a landfill. The notice shall include waste disposal locations and types of waste disposed. The Permittee shall provide the Director with a copy of the notice as recorded.
IV.C. Post-Closure Care
IV.C.1. Upon approval from the Director that the facility has been closed in accordance with an approved Closure Plan, the Permittee shall apply for a post-closure care permit in accordance with Utah Admin. Code R315-310-10.
IV.C.2. The Permittee shall perform post-closure care at the closed landfill in accordance with
the Post-Closure Care Plan contained in Attachment 3 until a Post-Closure Care Permit
is issued by the Director. Post-closure care shall continue until all waste disposal sites at the landfill have stabilized and the finding of Utah Admin. Code R315-302-3(7)(c) is made.
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IV.D. Financial Assurance
IV.D.1. The Permittee shall keep in effect and active the currently approved financial assurance
mechanism or another approved mechanism that meets the requirements of Utah
Admin. Code R315-309 and is approved by the Director to cover the costs of closure and post-closure care at the facility. The Permittee shall adequately fund and maintain the financial assurance mechanism to provide for the cost of closure at any stage or phase or anytime during the life of the landfill or the permit life, whichever is shorter.
IV.E. Financial Assurance Annual Update
IV.E.1. The Permittee shall submit an annual revision of closure and post-closure costs for inflation and financial assurance funding as required by Utah Admin. Code R315-3092(2), to the Director as part of the annual report.
IV.F. Closure Cost and Post-Closure Cost Revision
IV.F.1. The Permittee shall submit a complete revision of the closure and post-closure cost
estimates by the Closure Cost Revision Date listed on the signature page of this Permit and any time the facility is expanded, any time a new cell is constructed, or any time a cell is expanded.
V. ADMINISTRATIVE REQUIREMENTS
V.A. Permit Modification
V.A.1. Modifications to this Permit may be made by the Permittee or by the Director in accordance with the procedures specified in Utah Admin. Code R315-311-2. The Permittee may initiate a modification by submitting a written request to the Director. The Director may initiate a modification by giving written notice to the Permittee.
V.A.2. Any addition to the list of acceptable waste in Section I.B. of this Permit shall require a
permit modification in accordance with Utah Admin. Code R315-311.
V.B. Permit Transfer
V.B.1. This Permit may be transferred to a new Permittee or Permittees by complying with the permit transfer provisions specified in Utah Admin. Code R315-310-11.
V.C. Expansion
V.C.1. This Permit is for the operation of a Class VII landfill facility according to the design and construction specified in Attachment 1 and the Operations Plan described and explained in Attachment 2. The Permittee shall submit plans and specifications to the Director for any expansion of the current footprint designated in the description
contained in Attachment 1, but within the facility’s boundaries. The Permittee shall
receive approval of the plans and specifications from the Director prior to expanding the facility.
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V.C.2. Any expansion of the facility beyond the property boundaries designated in the description contained in the Attachment 1 shall require the Permittee to submit a new
permit application in accordance with the requirements of Utah Admin. Code
R315-310.
V.D. Permit Renewal
V.D.1. If the Permittee desires to continue operating this landfill after the expiration date of this Permit, the Permittee shall submit an application for permit renewal at least six
months prior to the expiration date, as shown on the signature page of this Permit. If
the Permittee timely submits a permit renewal application and the permit renewal is not complete by the expiration date, this Permit shall continue in force until the permit renewal is completed or denied.
VI. ATTACHMENTS
Attachment 1 – Design and Construction
Attachment 2 – Operations Plan Attachment 3 – Closure and Post-Closure Care Attachment 4 – Facility Maps