DAR File No. 32378

Environmental Quality, Solid and Hazardous Waste

R315-320

Waste Tire Transporter and Recycler Requirements

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32378
Filed: 02/17/2009, 10:02
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 rule is enacted under Section 19-6-819 of the Waste Tire Recycling Act and Section 19-6-105. Section 19-6-819 states that the Board shall make rules for tire transporter and recycler registration, liability insurance, reporting and tracking waste tires, and other aspects of the waste tire program. Section 19-6-105 allows the Board to make rules governing the disposal or placing waste on the ground.

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

Changes to Rule R315-320 proposed in 2006 received the following comments. One commenter expressed concern that the Division was changing the rules and discouraging recycling. The commenter was contacted by phone and after discussion, it was determined that the commenter was concerned that the changes proposed in the rule change would require that a waste tire recycler make a demonstration of his ability to recycle with each registration renewal. The following response was made to the comment: The intent of the rule changes is to make sure a recycler that is applying for the initial registration has the ability to conduct the proposed recycling operation. The rule language has been changed to reflect the intent as stated. Another commenter wrote "there appear to be cite errors in your amendments to Rules R315-311 and R315-320. Please review R315-320-4(3)(c) wherein the cite 'R315-32-4(9)' is used. I cannot locate that cite either. I think you left out a number - meaning to cite '320' rather than '32'." In response to the comment, the error was corrected.

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

The Waste Tire Recycling Act requires that the Board make rules to administer the waste tire program in Utah. Rule R315-320 is one of the rules that was made to meet the requirements of the Waste Tire Recycling Act and is required to properly administer the waste tire recycling program. 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