File No. 36052
This notice was published in the May 1, 2012, issue (Vol. 2012, No. 9) of the Utah State Bulletin.
Environmental Quality, Environmental Response and Remediation
Rule R311-208
Underground Storage Tank Penalty Guidance
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 36052
Filed: 04/10/2012 10:47:03 AM
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 19-6-403 of the Utah Underground Storage Tank (UST) Act gives the Utah Solid and Hazardous Waste Control Board authority to regulate USTs and petroleum storage tanks, and make rules for administration of the petroleum storage tank program. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Section 19-6-425 of the UST Act provides for civil penalties for violations of the Act. Section 19-6-416 of the UST Act provides for penalties for deliveries of petroleum to a regulated underground storage tank that is not identified as being properly certified and in compliance.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No comments on this rule have been received since the last five-year review.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
The rule provides guidance to the Executive Secretary of the Solid and Hazardous Waste Control Board in imposing and negotiating appropriate penalties against the various degrees of violations. The guidance provides that penalty amounts shall be in accordance with the severity of the violation, risk of harm, and the willingness of individuals to cooperate. 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 QualityEnvironmental Response and RemediationRoom First Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085
Direct questions regarding this rule to:
- Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov
Authorized by:
Brent Everett, Director
Effective:
04/10/2012
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120501.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov.