Environmental Quality, Environmental Response and Remediation

Rule R311-600

Hazardous Substances Mitigation Act: Enforceable Written Assurances

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35494
Filed: 11/30/2011 04:45:45 PM

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:

Section 19-6-326 authorizes the executive director of the Department of Environmental Quality to issue enforceable written assurances that no Hazardous Substance Mitigation Act enforcement action may be initiated against the person to whom the assurances are issued regarding the real property identified. Section 19-6-326 allows the executive director to make rules in accordance with the Utah Administrative Rulemaking Act as necessary for the administration of Section 19-6-326.

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 Department of Environmental Quality has received no written comments from persons supporting or opposing the rule.

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

The Department of Environmental Quality has reviewed the rule and determined that the rule continues to be necessary for the administration of Section 19-6-326. Therefore, this rule should be continued. The Department of Environmental Quality received no written comments from persons opposing the rule.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Bill Rees at the above address, by phone at 801-536-4167, by FAX at 801-536-4242, or by Internet E-mail at [email protected]

Authorized by:

Amanda Smith, Executive Director

Effective:

11/30/2011