DAR File No. 30995

Environmental Quality, Solid and Hazardous Waste

R315-308

Ground Water Monitoring Requirements

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30995
Filed: 02/14/2008, 11:58
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)(i) of the The Solid and Hazardous Waste Act (Act) requires that the solid waste program provided for in the Act meet the qualifications for primacy under the federal rules. The requirements established in Rule R315-308 are part of the basis of this program. Section 19-6-108 requires approval of operation plans for disposal facilities. Rule R315-308 establishes part of the framework required to meet the requirements of the Act. Subsection 19-6-105(1)(a) allows the board to make rules that establish standards for the protection of public health and the environment. Rule R315-308 forms a part of the basis for this protection.

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 in the rule were published in December 2006. No comments were received.

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

Rule R315-308 contains the requirements for ground water monitoring that are an integral part of the solid waste program to protect public health and the environment. Ground water monitoring must be included in a state solid waste program for that program to be approved by EPA. 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