As in effect on June 1, 2008
The purpose of this rule is to provide procedures for access to government records of the Department of Environmental Quality.
The authority for this rule is found in Sections 63-2-204, and 63-2-904 of the Government Records Access and Management Act (GRAMA), effective July 1, 1992.
(a) Each of the Divisions of the Department of Environmental Quality shall be responsible, regarding records of that Division, for responding to records requests under Part 2 of GRAMA and for responding to appeals under Section 63-2-401 of GRAMA. The appropriate Division Director is the head of the governmental entity for purposes of 63-2- 401.
(b) The Office of Support Services shall be responsible, regarding records of the Executive Director, for responding to records requests under Part 2 of GRAMA and for responding to appeals under Section 63-2-401 of GRAMA. The Executive Director is the head of the governmental entity for purposes of 63-2-401.
Requests for access to records of the following units of the Department of Environmental Quality should be in writing and must include the requester's name, mailing address, daytime telephone number if available, and a reasonably specific description of the records requested. Records access forms may be obtained from any Department or Division records officer.
TABLE
DIVISION OR OFFICE RECORDS OFFICERS AND FUNCTIONS
Division or Office: Functions:
RECORDS OFFICER Executive Director
Office of Support Services personnel, budget,
168 North 1950 West accounting, planning and
P.O. Box 144810 policy development
Salt Lake City, UT 84114-4810
RECORDS OFFICER Air Quality compliance,
Division of Air Quality planning, and permitting
134 North 1950 West
P.O. Box 144820
Salt Lake City, UT 84114-4820
RECORDS OFFICER Drinking Water permitting,
Division of Drinking Water compliance, enforcement,
288 North 1460 West and planning
P.O. Box 144830
Salt Lake City, UT 84114-4830
RECORDS OFFICER federal Superfund program,
Division of Environmental Utah Hazardous Waste
Response and Remediation Mitigation Program,
134 North 1950 West underground storage tank
P.O. Box 144840 regulation
Salt Lake City, UT 84114-4840
RECORDS OFFICER radiological waste
Division of Radiation Control management, radiation
168 North 1950 West source licensure, X-ray,
P.O. Box 144850 uranium mill tailings, and
Salt Lake City, UT 84114-4850 radon
RECORDS OFFICER solid and hazardous waste
Division of Solid and Hazardous enforcement, compliance,
Waste permitting, and planning
288 North 1460 West
P.O. Box 144880
Salt Lake City, UT 84114-4880
RECORDS OFFICER water quality planning,
Division of Water Quality compliance, enforcement,
288 North 1460 West and permitting
P.O. Box 144870
Salt Lake City, UT 84114-4870
Response to a request submitted to other persons within the Department of Environmental Quality may be delayed. See
Subsections (2) and (6) of 63-2-204.
The entire Department of Environmental Quality shall be considered a governmental entity for purposes of the record sharing provisions of GRAMA, Section 63-2-201 (5) (a) and Section 63-2-206. The provisions of Section 63-2- 206 therefore need not be met if records are shared between Divisions or between a Division and the Office of Administration.
Fees may be charged for copies of records provided. Fees for photocopying will be charged as authorized by Section 63-2-203. A fee schedule may be obtained from the Department of Environmental Quality by contacting records officers or Office of Support Services, Department of Environmental Quality, 168 North 1950 West, P.O. Box 144810, Salt Lake City, UT 84114-4810. The Department of Environmental Quality may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed $50.00, or if the requester has not paid fees from previous requests.
Fees for duplication and compilation of a record may be waived under certain circumstances described in Section 63-2-203 (3). Requests for this waiver of fees may be made to those persons specified in R305-1-3.
Access to private or controlled records for research purposes is allowed by Section 63-2-202 (8). Requests for access to such records for research purposes may be made to those persons specified in R305-1-3.
An individual may contest the accuracy of completeness of a document pertaining to him-her pursuant to Section 63-2-603. Such requests should be made to those persons specified in R305-1-3.
Appeals of requests to amend a record shall be handled as informal proceedings under the Utah Administrative Procedures Act.
The provisions of Rule 6 of the Utah Rules of Civil Procedure shall apply to calculate time periods specified in GRAMA.
Records that are subject to a claim of confidentiality as provided in Section 63-2-308 shall not be disclosed unless:
(a) The records are determined to be public and there is no further avenue for appeal; or
(b) The records are determined to be public and the period in which to bring an appeal or seek intervention has expired.
government documents, public records, GRAMA*
1993
April 12, 2007
63-2-204
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