DAR File No. 37314

This rule was published in the March 1, 2013, issue (Vol. 2013, No. 5) of the Utah State Bulletin.


Environmental Quality, Solid and Hazardous Waste

Rule R315-12

Administrative Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 37314
Filed: 02/15/2013 07:56:49 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes are required to conform with S.B. 21 passed during 2012 General Session (Chapter 360, Laws of Utah 2012).

Summary of the rule or change:

S.B. 21, passed during the 2012 General Session, removed some authorities from the Utah Solid and Hazardous Waste Control Board and its Executive Secretary and gave them to the Director of the Division of Solid and Hazardous Waste. This change in statute now requires changes to the Solid and Hazardous Waste rules. Specifically, references to the "Board" and the "Executive Secretary" in the rules need to be changed to "Director" as appropriate.

State statutory or constitutional authorization for this rule:

  • Section 19-6-105
  • Section 19-6-107
  • Section 19-6-106

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

local governments:

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

small businesses:

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

Compliance costs for affected persons:

There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions.

Amanda Smith, Executive Director

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 WasteRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

  • Allan Moore at the above address, by phone at 801-536-0211, by FAX at 801-536-0222, or by Internet E-mail at allanmoore@utah.gov
  • Tina Mercer at the above address, by phone at 801-536-0259, by FAX at 801-536-0222, or by Internet E-mail at tmmercer@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/01/2013

This rule may become effective on:

04/15/2013

Authorized by:

Scott Anderson, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-12. Administrative Procedures.

R315-12-1. Administrative Procedures.

Administrative proceedings under the following acts are governed by Rule R305-6:

(a) Title 19, Chapter 6, Part 1 (Solid and Hazardous Waste Act);

(b) Title 19, Chapter 6, Part 6 (Lead Acid Battery Disposal);

(c) Title 19, Chapter 6, Part 7 (Used Oil Management Act);

(d) Tile 19-6[26],[Chapter 32a], Part 8 (Waste Tire Recycling); and

(e) Title 19, Chapter 6, Part 10 (Mercury Switch Removal Act).

 

KEY: hazardous waste, administrative proceedings, hearings, adjudicative proceedings

Date of Enactment or Last Substantive Amendment: [August 29, 2011]2013

Notice of Continuation: June 14, 2011

Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-6-105; 63G-4-102; 63G-4-201 through 205; 63G-4-503

 


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/2013/b20130301.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.

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For questions regarding the content or application of this rule, please contact Allan Moore at the above address, by phone at 801-536-0211, by FAX at 801-536-0222, or by Internet E-mail at allanmoore@utah.gov; Tina Mercer at the above address, by phone at 801-536-0259, by FAX at 801-536-0222, or by Internet E-mail at tmmercer@utah.gov.