DAR File No. 29217

Environmental Quality, Solid and Hazardous Waste

R315-318-1

General Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 29217
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 clarify that any facility that is permitted by rule must be operated to minimize any risk to human health and the environment and may not be operated in any way that violates the requirements of the Utah Solid and Hazardous Waste Act or Rules R315-301 through R315-320.

Summary of the rule or change:

The rule is changed to clarify that any facility that is permitted by rule must be operated to minimize any risk to human health and the environment and may not be operated in any way that violates the requirements of the Utah Solid and Hazardous Waste Act or Rules R315-301 through R315-320.

State statutory or constitutional authorization for this rule:

Sections 19-6-104, 19-6-105, and 19-6-108

Anticipated cost or savings to:

the state budget:

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

local governments:

Since the requirements of the rule are clarified and not changed, there is no cost or savings impact anticipated for local governments.

other persons:

Since the requirements of the rule are clarified and not changed, there is no cost or savings impact anticipated for other persons.

Compliance costs for affected persons:

Since the requirements of the rule are clarified and not changed, 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 change.

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

Since the requirements of the rule are clarified and not changed, 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 change. 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.

R315-318. Permit by Rule.

R315-318-1. General Requirements.

(1) Any facility that disposes of solid waste, including an incinerator[incinerators], may be permitted by rule upon application to the Executive Secretary if the Executive Secretary determines the facility is regulated by Federal or state agencies which have regulations or rules as stringent as, or more stringent than, Rules R315-301 through R315-320.

(2) No permit by rule may be granted to a facility that began receiving waste after July 15, 1993 without application to the Executive Secretary.

(3) Any facility permitted by rule is not required to obtain a permit [or comply with any other provisions of Rules R315-301 through R315-320 except where operation of the facility may endanger]as required by Subsection R315-301-5(1) and Subsection R315-310-1(1) but may be required to follow operational practices, as determined by the Executive Secretary, to minimize risk to human health or the environment[ or otherwise violate the provisions of the Solid and Hazardous Waste Act].

(4) In no case may a facility operating under a permit by rule approved by the Executive Secretary conduct disposal operations that are in violation of the Utah Solid and Hazardous Waste Act or Rules R315-301 through R315-320.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [October 15, 2003]2007

Notice of Continuation: March 14, 2003

Authorizing, and Implemented or Interpreted Law: 19-6-104; 19-6-105; 19-6-108