DAR File No. 29216

Environmental Quality, Solid and Hazardous Waste

R315-317

Other Processes, Variances, and Violations

NOTICE OF PROPOSED RULE

DAR File No.: 29216
Filed: 11/09/2006, 03:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is changed to make clear the method to petition the Executive Secretary of the Solid and Hazardous Waste Control Board for a rule change. Also, the method for review and granting of a variance is made consistent with the hazardous waste rules.

Summary of the rule or change:

Rule language outlining the requirements for a petition to change a rule is added. Variances will now be granted in accordance with Section R315-2-13.

State statutory or constitutional authorization for this rule:

Section 19-6-105

Anticipated cost or savings to:

the state budget:

The rule change does not affect state agencies and the enforcement and oversight of the rule will not change. Therefore, no cost or savings impact is anticipated for the state budget.

local governments:

Since the requirements of the rule are to clarify the procedures to petition for a rule change, there is no cost or savings impact anticipated for local governments. The requirement that petitions follow the form outlined in Section R315-2-13 does not change the interpretation and implementation of the rule.

other persons:

Since the requirements of the rule are to clarify the procedures to petition for a rule change, there is no cost or savings impact anticipated for other persons. The requirement that petitions follow the form outlined in Section R315-2-13 does not change the interpretation and implementation of the rule.

Compliance costs for affected persons:

Since the requirements of the rule are to clarify the procedures to petition for a rule change, no compliance cost or savings impact for affected persons is expected beyond that required by current statute or rule as a result of the proposed rule changes.

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

Since the requirements of the rule are to clarify the procedures to petition for a rule change, no compliance cost or savings impact for businesses is expected beyond that required by current statute or rule as a result of the proposed rule changes. 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:

Ralph Bohn at the above address, by phone at 801-538-6794, by FAX at 801-538-6715, or by Internet E-mail at Rbohn@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:

01/02/2007

This rule may become effective on:

01/31/2007

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-317. Other Processes, Variances, [and ]Violations, and Petition for Rule Change.

R315-317-2. Variances.

(1) Variances will be granted in accordance with Section R315-2-13[ by the Board only to the extent allowed under State and Federal law.

(2) The Board may consider a variance application in accordance with the standard established in section 19-6-111.

(3) The Board may, at its own instance, review any variance granted during the term for which a variance was granted.

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

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

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

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

(d) Proposed alternative requirements, if any;

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

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

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

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

(6) Nothing in subsections R315-317-2(4) or (5) limits the authority of the Board to grant variances in accordance with the standard established in section 19-6-111].

 

R315-317-4. Petition for Rule Change.

(1) The requirements of Section R315-317-4 shall apply to a petition for:

(a) making a new rule;

(b) amending, repealing, or repealing and reenacting and existing rule;

(c) amending a proposed rule;

(d) allowing a proposed rule or change in proposed rule to lapse; or

(e) any combination of the above.

(2) Petition Procedure and Form.

(a) The petition shall be addressed and delivered to the Executive Secretary.

(b) The petition shall follow the requirements of Sections R15-2-3 through 5.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [September 15, 2004]2007

Notice of Continuation: March 14, 2003

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 19-6-109; 19-6-111; 19-6-112