DAR File No. 30984

Environmental Quality, Solid and Hazardous Waste

R315-317

Other Processes, Variances, Violations, and Petition for Rule Change

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30984
Filed: 02/14/2008, 11:48
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:

The Solid and Hazardous Waste Act, in Section 19-6-111 allows for granting of variances. Rule R315-317 sets the conditions that must be met prior to granting a variance. Section 19-6-112 allows the board to issue notices of violation. Rule R315-317 sets out the procedures for issuing these notices. Section 63-46a-12 allows for petitions for rulemaking, amendment or repeal. Rule R315-317 sets out the procedures for these petitions.

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

Proposed changes to the rule were published in August 2004 and December 2006. No comments were received during the two comment periods.

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

Rule R315-317 sets the procedures for granting of variances, issuing of notices of violation, and procedures for rule change petitions. These are all an important part of the permit program for regulation solid waste management facilities. 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