DAR File No. 37338

Environmental Quality, Solid and Hazardous Waste

Rule R315-317

Other Processes, Variances, Violations, and Petition for Rule Change

Notice of Proposed Rule

(Amendment)

DAR File No.: 37338
Filed: 02/15/2013 08:51:45 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 19-6-108
• Section 19-6-105
• Section 19-6-107

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

R315. Environmental Quality, Solid and Hazardous Waste.

R315-317. Other Processes, Variances, Violations, and Petition for Rule Change.

R315-317-1. Other Processes, Methods, and Equipment.

Processes, methods, and equipment other than those specifically addressed in Rules R315-301 through 320 will be considered on an individual basis by the [Executive Secretary]Director upon submission of evidence of adequacy to meet the minimum standards of performance to protect human health and the environment as required in Section R315-303-2.

 

R315-317-2. Variances.

(1) Variances will be granted in accordance with Section R315-2-13.

 

R315-317-3. Violations, Orders, and Hearings.

(1) Whenever the [Executive Secretary]Director or his duly appointed representative determines that any person is in violation of any applicable approved solid waste operation plan or permit or the requirements of Rules R315-301 through 320, the [Executive Secretary]Director may cause written notice of violation to be served upon the alleged violators. The notice shall specify the provisions of the plan, permit, or rules alleged to have been violated and the facts alleged to constitute the violation. The [Executive Secretary]Director may issue an order that necessary corrective action be taken within a reasonable time or may request the attorney general or the county attorney in the county in which the violation takes place to bring a civil action for injunctive relief and enforcement of the permit requirements or the requirements of Rules R315-301 through 320.

(2) Any order issued pursuant to Subsection R315-317-3(1) shall become final unless, within 30 days after the order is [served]issued, the person [specified therein]to whom the order is addressed challenges the order as provided in 19-1-301 and the Utah Administrative Procedures Act, Title 63G, Chapter 4 and shall be governed by UAC R315-305-6.[ files a written request, containing the information specified in Subsection 63G-4-201(3), for agency action before the Board as provided in Section R315-12-3. Title 63G, Chapter 4 and Rule R315-12 shall govern the conduct of hearings before the Board.]

 

R315-317-4. Petition for Rule Change.

(1) The requirements of Section R315-317-4 shall apply to a petition for:

(a) making a new rule;

(b) amending, repealing, or repealing and reenacting and existing rule;

(c) amending a proposed rule;

(d) allowing a proposed rule or change in proposed rule to lapse; or

(e) any combination of the above.

(2) Petition Procedure and Form.

(a) The petition shall be addressed and delivered to the [Executive Secretary]Director.

(b) The petition shall follow the requirements of Sections R15-2-3 through 5.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [February 1, 2007]2013

Notice of Continuation: February 14, 2008

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 19-6-109; 19-6-111; 19-6-112