DAR File No. 29754

Environmental Quality, Solid and Hazardous Waste

R315-304

Industrial Solid Waste Facility Requirements

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29754
Filed: 03/30/2007, 04:20
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 19-6-104(1)(j) requires the Solid and Hazardous Waste Control Board to require any facility disposing of nonhazardous waste to submit plans, specifications, and other information required by the Board prior to the construction and/or operation of a facility. Subsection 19-6-108(12) requires that operation plans be reviewed every five years. The rule sets out the procedures and information that must be submitted to receive a plan approval and meet the requirements of the statute.

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

The rule was modified once since the last five-year review. One comment was received on the change requiring a facility to do a survey of historic resources on the land within the boundaries of the facility. The commenter was concerned that the survey would have to be done every time a new cell was opened at the site or each time a new permit was issued. The commenter had not interpreted the rule correctly. The rule change required a survey to be conducted only once on the site unless the boundaries of the site were expanded. A site expansion would require a survey of the new area only. The rule change was made to implement the requirements of Section 9-8-404.

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

The rule is necessary to implement the requirements of the statute to review plans for facilities that dispose of nonhazardous solid waste. 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:

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

Authorized by:

Dennis Downs, Director