DAR File No. 27783

Environmental Quality, Environmental Response and Remediation

R311-501

Illegal Drug Operations Site Reporting and Decontamination Act, Contesting an Initial Order or Notice

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 27783
Filed: 07/29/2005, 09:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes are proposed after comments received from the original proposed new rule. The proposed changes noted in Section R311-501-4 address comments by the Solid and Hazardous Waste Control Board as provided during the 06/09/2005 monthly Board meeting.

Summary of the rule or change:

The proposed changes to Section R311-501-4 address comments by the Solid and Hazardous Waste Control Board as provided during the 06/09/2005 monthly Board meeting by adding clarification. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the April 15, 2005, issue of the Utah State Bulletin, on page 25. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 19-6-901 et seq.

Anticipated cost or savings to:

the state budget:

No change from the original proposed rule. This change is for clarification only.

local governments:

No change from the original proposed rule. This change is for clarification only.

other persons:

No change from the original proposed rule. This change is for clarification only.

Compliance costs for affected persons:

No change from the original proposed rule. This change is for clarification only.

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

No change from the original proposed rule. This change is for clarification only. Dianne Nielson, Executive Director

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:

Bill Rees or Brent Everett at the above address, by phone at 801-536-4167 or 801-536-4171, by FAX at 801-536-4242 or 801-536-4242, or by Internet E-mail at brees@utah.gov or beverett@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:

09/14/2005

This rule may become effective on:

10/17/2005

Authorized by:

Dianne R. Nielson, Executive Director

RULE TEXT

R311. Environmental Quality, Environmental Response and Remediation.

R311-501. Illegal Drug Operations Site Reporting and Decontamination Act, Contesting an Initial Order or Notice.

. . . . . . .

[R311-501-4. Intervention.

(a) Intervention shall not be allowed.]

R311-501-4. Parties and Intervention.

(a) The following persons are Parties to a proceeding governed by this Rule:

(1) The person to whom an initial order or notice of violation is directed, such as a person who submitted a permit application that was approved or disapproved by order of the Executive Secretary;

(2) The Executive Secretary; and

(3) All persons whose legal rights or interests are substantially affected by the proceeding, who have standing to participate in the proceeding, and to whom intervention rights have been granted under R311-501-4(d).

(b) In a proceeding requested by the person to whom an initial order or notice of violation is directed, that person shall be the Petitioner and the Executive Secretary shall be the Respondent.

(c) In a proceeding requested by a person requesting intervention, the Intervenor shall be the Petitioner, provided that Intervention is granted, and the Executive Secretary and the person to whom an initial order or notice of violation is directed shall be the Respondents.

(d) A non-party may request intervention under Section 63-46b-9 of UAPA for the purpose of filing a Request for Agency Action, and may simultaneously file a Request for Agency Action. Requests for Intervention and Agency Action must be received by the Board for filing as provided in R311-501-3.2 within 30 days of the date of the challenged order or notice.

(e) Any Party may, within 20 days or such earlier time as established by the Presiding Officer(s), respond to a Request for Intervention. The Chair of the Board may act as Presiding Officer for purposes of this paragraph.

. . . . . . .

KEY: meth lab certification revocation

2005

19-6-901 et seq.

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Bill Rees or Brent Everett at the above address, by phone at 801-536-4167 or 801-536-4171, by FAX at 801-536-4242 or 801-536-4242, or by Internet E-mail at brees@utah.gov or beverett@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.