DAR File No. 27289

Environmental Quality, Solid and Hazardous Waste

R315-2-13

Variances Authorized

NOTICE OF PROPOSED RULE

DAR File No.: 27289
Filed: 07/13/2004, 09:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change is made to clarify the process by which a person may request a variance under Section 19-6-111, and to establish, by rule, the information a person requesting a variance is to provide to the Board and the Executive Secretary.

Summary of the rule or change:

The changes direct any person applying for a variance to submit the application to the Executive Secretary. The rule explains the kinds of information the applicant is to provide in support of the application, including such matters as the hardship imposed by the requirement from which the variance is sought and information demonstrating that human health and the environment will be adequately protected if the variance application is approved.

State statutory or constitutional authorization for this rule:

Sections 19-6-105 and 19-6-106

Anticipated cost or savings to:

the state budget:

To the extent that a state agency might seek a variance to an applicable rule, the agency may incur the same costs as identified under Other Persons below.

local governments:

To the extent that a local government entity might seek a variance to an applicable rule, the agency may incur the same costs as identified under Other Persons below.

other persons:

There could be a slight increase in cost to persons seeking a variance request with this rule change. The costs would be associated with gathering and submitting the required information. Costs would be dependent upon the time and effort to gather and compile the information and may range anywhere from $0 to $500/hour.

Compliance costs for affected persons:

There could be a slight increase in cost to persons seeking a variance request with this rule change. The costs would be associated with gathering and submitting the required information. Costs would be dependent upon the time and effort to gather and compile the information and may range anywhere from $0 to $500/hour.

Comments by the department head on the fiscal impact the rule may have on businesses:

There could be a slight increase in cost to persons seeking a variance request with this rule change. The costs would be associated with gathering and submitting the required information. Costs would be dependent upon the time and effort to gather and compile the information. Dianne R. Nielson, Ph.D.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2004

This rule may become effective on:

09/15/2004

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-2. General Requirements - Identification and Listing of Hazardous Waste.

R315-2-13. Variances Authorized.

(a) Variances will be granted by the Board only to the extent allowed under State and Federal law.

(b) The Board may consider a variance request in accordance with the [statutory] standard [of]established in section 19-6-111.[ No variance shall be granted except upon application for it. Immediately upon receipt of an application for a variance, the Board shall give public notice of the application and provide for an opportunity for a public hearing. A variance granted for more than one year shall contain a timetable for coming into compliance with these regulations and shall be conditioned on adherence to that timetable.

(c) Any variance granted under this section may be renewed on terms and conditions and for periods which would be appropriate for the initial granting of a variance. No renewal shall be granted except on application for it. Immediately upon receipt of an application for renewal, the Board shall give public notice of the application and provide for an opportunity for a public hearing.

(d)](c) The Board may, at its own instance, review any variance granted during the term for which a variance was granted.[ The procedure for this review shall be the same as that for an original application and the variance previously granted may be revoked upon a finding that the conditions and the terms upon which the variance was granted are not being met.

(e) Any variance or renewal shall exist at the discretion of the Board and shall not constitute a right of the applicant or holder. However, any person adversely affected by the granting, denial or revocation of any variance or renewal by the Board may obtain judicial review of the Board's decision by filing a petition in District Court within 30 days from the date of notification of the decision.]

(d) A person applying for a variance shall submit the application, in writing, to the Executive Secretary. The application shall provide the following:

(1) Citation of the statutory, regulatory, or permit requirement from which the variance is sought;

(2) For variances for which the Board promulgates or has promulgated specific rules, information meeting the requirements of those rules;

(3) Information demonstrating that application of or compliance with the requirement would cause undue or unreasonable hardship on the person applying for the variance;

(4) Proposed alternative requirements, if any;

(5) Information demonstrating that the variance will achieve the purpose and intent of the statutory, regulatory, or permit provision from which the variance is sought;

(6) Information demonstrating that any alternative requirement or requirements will adequately protect human health and the environment; and

(7) If no alternative requirement is proposed, information demonstrating that if the variance is granted, human health and the environment will be adequately protected.

(e) A person applying for a variance shall provide such additional information as the Board or the Executive Secretary requires.

(f) Nothing in R315-2-13(d) or (e) limits the authority of the Board to grant variances in accordance with the standard established in section 19-6-111. A person applying for a variance under R315-9-2 shall provide such information described under R315-2-13(d) as the Executive Secretary directs.

KEY: hazardous wastes

[September 15, 2003]2004

Notice of Continuation October 18, 2001

19-6-105

19-6-106

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.