DAR File No. 29083

Environmental Quality, Solid and Hazardous Waste

R315-12

Administrative Procedures

NOTICE OF PROPOSED RULE

DAR File No.: 29083
Filed: 09/29/2006, 10:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This adds the Mercury Switch Removal Act rules that are applicable to administrative procedures of the Hazardous Waste Rules.

Summary of the rule or change:

This rule change adds the Mercury Switch Removal Act to the list of rules that are applicable under Administrative Procedures for the Hazardous Waste Rules.

State statutory or constitutional authorization for this rule:

Sections 19-6-1001 and 63-46b-4

Anticipated cost or savings to:

the state budget:

Existing staff and resources will be used to implement the rule so there are no cost or savings to the state budget.

local governments:

The rule does not require local government resources so there are no cost or savings to local government.

other persons:

The proposed rule does not require other persons resources. Costs for affected persons would only be incurred if the appeals process is utilized and these costs would be variable depending on the resources used to implement an appeal. Costs could vary anywhere from $0 to several thousand dollars.

Compliance costs for affected persons:

Costs for affected persons would only be incurred if the appeals process is utilized and these costs would be variable depending on the resources used to implement an appeal. Costs could vary anywhere from $0 to several thousand dollars.

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

Costs for businesses would only be incurred if the appeals process is utilized and these costs would be variable depending on the resources used to implement an appeal. Dianne R. Nielson, Executive Director

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

Environmental Quality
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

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:

11/15/2006

This rule may become effective on:

12/15/2006

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-12. Administrative Procedures.

R315-12-1. Application of Rule.

(a) This rule applies to proceedings under Title 19, Chapter 6, Part 1 (Solid and Hazardous Waste Act), Title 19, Chapter 6, Part 5 (Solid Waste Management Act), Title 19, Chapter 6, Part 6 (Lead Acid Battery Disposal), Title 19, Chapter 6, Part 7 (Used Oil Management Act), [and ]Tile 26, Chapter 32a (Waste Tire Recycling), and Title 19, Chapter 6, Part 10 (Mercury Switch Removal Act).

(b) For purposes of these rules, an appeal under the Used Oil Management Act shall mean the process of agency decision making under the Utah Administrative Procedures Act (UAPA), Section 63-46b-0.5 through 63-46b-11, and the standards, deadlines, procedures, and other requirements for an appeal shall be same as the standards, deadlines, procedures, and other requirements for contesting the validity of an initial order or violation under R315-12.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [June 15, 1999]2006

Notice of Continuation: August 24, 2006

Authorizing, and Implemented or Interpreted Law: 63-46b-4