DAR File No. 28094

Environmental Quality, Solid and Hazardous Waste

R315-102

Penalty Policy

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28094
Filed: 07/19/2005, 10:25
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-6-113(2) of the Utah Solid and Hazardous Waste Act provides that any person who violates any order, plan, rule, or other requirement issued or adopted under the Acts is subject in a civil proceeding to a penalty. Subsection 19-6-104(1)(e) allows the Utah Solid and Hazardous Waste Board to settle or compromise administrative or civil action initiated to compel compliance with the Act or rules adopted under the Act. This rule provides criteria to be used by the Executive Secretary of the Board for determining penalty amounts in settlement of enforcement actions.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The U.S. Environmental Protection Agency has required that the State have in place a policy for assessing penalties for violations of hazardous waste regulations. Sections 63-46a-3 and 63-46a-3.5 requires that this policy be part of the State regulations. This rule provides criteria to be used by the Executive Secretary of the Board for determining penalty amounts in settlement of enforcement actions. Therefore, this rule should be continued.

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

Authorized by:

Dennis Downs, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

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.