DAR File No. 40120
This rule was published in the February 1, 2016, issue (Vol. 2016, No. 3) of the Utah State Bulletin.
Environmental Quality, Waste Management and Radiation Control, Waste Management
Rule R315-4
Procedures for Decisionmaking
Notice of Proposed Rule
(Repeal)
DAR File No.: 40120
Filed: 01/14/2016 02:55:21 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The Division is renumbering and changing the format of the hazardous waste rules. The change is to help the reader of the rules by providing all of the rules in one place. The new rules will follow the numbering system used by the US EPA, thus, the current hazardous waste rules must be repealed when the new rules become effective.
Summary of the rule or change:
Rule R315-4 is repealed in its entirety and is replaced by Rules R315-124 and R315-103. (DAR NOTE: The proposed new Rule R315-103 is under DAR No. 40105, and the proposed new Rule R315-124 is under DAR No. 40106 in this issue, February 1, 2016, of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Section 19-6-105
- Section 19-6-106
Anticipated cost or savings to:
the state budget:
There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program.
local governments:
There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124.
small businesses:
There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124.
persons other than small businesses, businesses, or local governmental entities:
There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124.
Compliance costs for affected persons:
There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124.
Alan Matheson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityWaste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097
Direct questions regarding this rule to:
- Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [email protected]
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:
03/02/2016
This rule may become effective on:
03/09/2016
Authorized by:
Scott Anderson, Director
RULE TEXT
R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.
[R315-4. Procedures for Decision making.
R315-4-1. General Program Requirements.
1.3 APPLICATION FOR A PERMIT
(a) If the Director decides that a site visit is
necessary for any reason in conjunction with the processing of an
application, he shall notify the applicant and a reasonable date
shall be scheduled.
(b) The effective date of an application is the date on
which the Director notifies the applicant that the application is
complete as provided in R315-3-2.1(c).
(c) For each application from a major new hazardous waste
management facility, the Director shall no later than the
effective date of the application, prepare and mail to the
applicant a project decision schedule. The schedule shall specify
target dates by which the Director intends to:
(1) Prepare a draft permit;
(2) Give public notice;
(3) Complete the public comment period, including any
public hearing; and
(4) Issue a final permit.
1.5 MODIFICATION, REVOCATION AND REISSUANCE, OR
TERMINATION OF PERMITS
(a) Permits may be modified, revoked and reissued, or
terminated either at the request of any interested person,
including the permittee, or upon the Director's initiative.
However, permits may only be modified, revoked and reissued, or
terminated for the reasons specified in R315-3-4.2 or R315-3-4.4.
All requests shall be in writing and shall contain facts or
reasons supporting the request.
(b) If the Director decides the request is not justified,
he shall send the requester a brief written response giving a
reason for the decision. Denials of requests for modification,
revocation and reissuance, or termination are not subject to
public notice, comment, or hearings. Denials by the Director may
be appealed to the Board under R315-12-3 by filing a Request for
Agency Action pursuant to R315-12-3.1.
(c)(1) If the Director tentatively decides to modify or
revoke and reissue a permit under R315-3-4.2 or R315-3-4.3, which
incorporates by reference 40 CFR 270.42(c), he shall prepare a
draft permit under R315-4-1.6 incorporating the proposed changes.
The Director may request additional information and, in the case
of a modified permit, may require the submission of an updated
permit application. In the case of revoked and reissued permits,
the Director shall require the submission of a new
application.
(2) In a permit modification under this section, only
those conditions to be modified shall be reopened when a new
draft permit is prepared. All other aspects of the existing
permit shall remain in effect for the duration of the unmodified
permit. When a permit is revoked and reissued under this section,
the entire permit is reopened just as if the permit had expired
and was being reissued. During any revocation and reissuance
proceeding, the permittee shall comply with all conditions of the
existing permit until a new final permit is reissued.
(3) Classes 1 and 2 modifications, as defined in
R315-3-4.3, which incorporates by reference 40 CFR 270.42(a) and
(b), are not subject to the requirements of this
section.
(d) If the Director tentatively decides to terminate a
permit under R315-3-4.4, he shall issue a notice of intent to
terminate. A notice of intent to terminate is a type of draft
permit which follows the same procedures as any draft permit
prepared under R315-4-1.6.
1.6 DRAFT PERMIT
(a) Once an application is complete, the Director shall
tentatively decide whether to prepare a draft permit or to deny
the application.
(b) If the Director tentatively decides to deny the
permit, he shall issue a notice of intent to deny. A notice of
intent to deny the permit application is a type of draft permit
which follows the same procedures as any draft permit prepared
under this section. If the Director's final decision is that
the tentative decision to deny the permit application was
incorrect, he shall withdraw the notice of intent to deny and
proceed to prepare a draft permit under R315-4-1.6(c).
(c) If the Director decides to prepare a draft permit, he
shall prepare a draft permit that contains the following
information:
(1) All conditions under R315-3-3.1 and
R315-3-3.3;
(2) All compliance schedules under R315-3-3.4;
(3) All monitoring requirements under R315-3-3.2;
and
(4) Standards for treatment, storage, or disposal or all
and other permit conditions under R315-3-3.1.
(d) All draft permits prepared by the Director under this
section shall be publicly noticed and made available for public
comment. The Director shall give notice of opportunity for a
public hearing, issue a final decision, and respond to
comments.
1.8 FACT SHEET REQUIRED
(a) A fact sheet shall be prepared by the Director for
every draft permit. The fact sheet shall briefly set forth the
principal facts and the significant factual, legal,
methodological and policy questions considered in preparing the
draft permit. The Director shall send this fact sheet to the
applicant and, on request, to any other person.
(b) The fact sheet shall include, when
applicable:
(1) A brief description of the type of facility or
activity which is the subject of the draft permit.
(2) The type and quantity of wastes, fluids, or
pollutants which are proposed to be or are being treated, stored,
disposed of, injected, emitted, or discharged.
(3) A brief summary of the basis of the draft permit
conditions including references to applicable statutory or
regulatory provisions and appropriate supporting
references.
(4) Reasons why any requested variance or alternatives to
required standards do or do not appear justified.
(5) A description of the procedures for reaching a final
decision on the draft permit including:
(i) The beginning and ending dates of the comment period
under R315-4-1.10 and the address where comments will be
received;
(ii) Procedures for requesting a hearing and the nature
of that hearing; and
(iii) Any other procedures by which the public may
participate in the final decision.
(6) Name and telephone number of a person to contact for
additional information.
1.10 PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT
PERIOD
(a) Scope.
(1) The Director shall give public notice that the
following actions have occurred:
(i) The permit application has been tentatively denied
under R315-4-1.6(b);
(ii) A draft permit has been prepared under
R315-4-1.6(c);
(iii) A hearing has been scheduled under R315-4-1.12;
or
(iv) An appeal has been granted.
(2) No public notice is required when a request for a
permit modification, revocation and reissuance, or termination is
denied under R315-4-1.5(b). Written notice of that denial shall
be given to the requestor and to the permittee.
(3) Public notices may describe more than one permit or
permit action.
(b) Timing.
(1) Public notice of the preparation of a draft permit,
including a notice of intent to deny a permit application,
required under R315-4-1.10(a), shall allow at least 45 days for
public comment.
(2) Public notice of a public hearing shall be given at
least 30 days before the hearing. Public notice of the hearing
may be given at the same time as public notice of the draft
permit and the two notices may be combined.
(c) Methods.
Public notices of activities described in
R315-4-1.10(a)(1) shall be given by the following
methods:
(1) By mailing a copy of a notice to the following
persons:
(i) The applicant;
(ii) Any other agency which the Director knows has issued
or is required to issue a permit, for the same facility or
activity including EPA;
(iii) Federal and State agencies with jurisdiction over
fish, and wildlife resources, State Historic Preservation
Officers, and other appropriate government authorities;
(iv) Persons on a mailing list developed by:
(A) Including those who request in writing to be on the
list;
(B) Soliciting persons for area lists from participants
in past permit proceedings in the area of the facility;
and
(C) Notifying the public of the opportunity to be put on
the mailing list through periodic publication in the public press
and in regional- and state-funded newsletters, environmental
bulletins, or law journals. The Director may update the mailing
list by requesting written indication of continued interest from
those listed. The Director may delete from the list the name of
any person who fails to respond to a request from the Director to
remain on the mailing list; and
(v)(A) To any unit of local government having
jurisdiction over the area where the facility is proposed to be
located;
(B) To each State agency having any authority under State
law with respect to the construction or operation of the
facility.
(2) Publication of a notice in a daily or weekly
newspaper within the area affected by the facility or activity
and broadcast over local radio stations;
(3) In a manner constituting legal notice to the public
under State law; and
(4) Any other method reasonably calculated to give actual
notice of the action in question to the person potentially
affected by it, including press releases or any other forum or
medium to elicit public participation.
(d)(1) All public notices issued under this section shall
contain the following minimum information:
(i) Name and address of the permittee or permit applicant
and, if different, of the facility or activity regulated by the
permit;
(ii) A brief description of the business conducted at the
facility or activity described in the permit application or draft
permit;
(iii) Name, address and telephone number of a person from
whom interested persons may obtain further information, including
copies of the draft permit or fact sheet, and the
application;
(iv) A brief description of the comment procedures
required by R315-4-1.11 and R315-4-1.12, and the time and place
of any hearing that will be held, including a statement of
procedures to request a hearing, unless a hearing has already
been scheduled and other procedures by which the public may
participate in the final permit decision;
(v) Any additional information considered necessary or
proper; and
(vi) Name and address of the office processing the permit
action for which notice is being given.
(2) Public notices of hearings. In addition to the
general public notice described in R315-4-1.10(d)(1), the public
notice of a hearing under R315-4-1.12, shall contain the
following information:
(i) Reference to the date of previous public notices
relating the permit;
(ii) Date, time, and place of the hearing;
(iii) A brief description of the nature and purpose of
the hearing, including the applicable rules and procedures;
and
(e) In addition to the general public notice described in
R315-4-1.10(d)(1), all persons identified in
R315-4-1.10(c)(1)(i), (ii), and (iii) shall be mailed a copy of
the fact sheet.
1.11 PUBLIC COMMENTS AND REQUESTS FOR PUBLIC
HEARINGS
During the public comment period provided under
R315-4-1.10, any interested person may submit written comments on
the draft permit and may request a public hearing, if no hearing
has already been scheduled. A request for a public hearing shall
be in writing and shall state the nature of the issues proposed
to be raised in the hearing. All comments shall be considered in
making the final decision and shall be answered as provided in
R315-4-1.17.
1.12 PUBLIC HEARINGS
(a)(1) The Director shall hold a public hearing whenever
he finds, on the basis of requests, a significant degree of
public interest in a draft permit.
(2) The Director may also hold a public hearing at his
discretion, whenever, for instance, a hearing might clarify one
or more issues involved in the permit decision.
(3)(i) The Director shall hold a public hearing whenever
he receives written notice of opposition to a draft permit and a
request for a hearing within 45 days of public notice under
R315-4-1.10(b).
(ii) Whenever possible the Director shall schedule a
hearing under this section at a location convenient to the
nearest population center to the proposed facility.
(4) Public notice of the hearing shall be given as
specified in R315-4-1.10.
(b) Any person may submit oral or written statements and
data concerning the draft permit. Reasonable limits may be set
upon the time allowed for oral statements, and the submission of
statements in writing may be required. The public comment period
under R315-4-1.10 shall automatically be extended to the close of
any public hearing under this section. The hearing officer may
also extend the comment period by so stating at the
hearing.
(c) A tape recording or written transcript of the hearing
shall be made available to the public.
1.15 ISSUANCE AND EFFECTIVE DATE OF PERMIT
(a) After the close of the public comment period under
R315-4-1.10 on a draft permit, the Director shall issue a final
permit decision (or a decision to deny a permit for the active
life of a hazardous waste management facility or unit under
R315-3-2.20). The Director shall notify the applicant and each
person who has submitted written comments or requested notice of
the final permit decision. This notice shall include reference to
the procedures for appealing a decision on a hazardous waste
permit or a decision to terminate a hazardous waste permit. For
the purposes of R315-4-1.15, a final permit decision means a
final decision to issue, deny, modify, revoke and reissue, or
terminate a permit.
(b) A final permit decision (or a decision to deny a
permit for the active life of a hazardous waste management
facility or unit under R315-3-2.20) shall become effective upon
issuance unless:
(1) A later effective date is specified in the decision;
or
(2) The permit decision is challenged under R305-7, Part
2 and a stay of the decision is granted under R315-12-8.
1.17 RESPONSE TO COMMENTS
(a) At the time that any final permit decision is issued,
the Director shall issue a response to comments. This response
shall:
(1) Specify which provisions, if any, of the draft permit
have been changed in the final permit decision, and the reasons
for the change; and
(2) Briefly describe and respond to all significant
comments on the draft permit or permit application raised during
the public comment period, or during any hearing.
(b) The response to comments shall be available to the
public.
R315-4-2. Specific Procedures Applicable to Hazardous Waste
Permits.
2.31 PRE-APPLICATION PUBLIC MEETING AND NOTICE
(a) Applicability. The requirements of this section shall
apply to all part B applications seeking initial permits for
hazardous waste management units. The requirements of this
section shall also apply to part B applications seeking renewal
of permits for such units, where the renewal application is
proposing a significant change in facility operations. For the
purposes of this section, a "significant change" is any
change that would qualify as a class 3 permit modification under
R315-3-4.3, which incorporates by reference 40 CFR 270.42. The
requirements of this section do not apply to permit modifications
under R315-3-4.3, which incorporates by reference 40 CFR 270.42,
or to applications that are submitted for the sole purpose of
conducting post-closure activities or post-closure activities and
corrective action at a facility.
(b) Prior to the submission of a part B permit for a
facility, the applicant shall hold at least one meeting with the
public in order to solicit questions from the community and
inform the community of proposed hazardous waste management
activities. The applicant shall post a sign-in sheet or otherwise
provide a voluntary opportunity for attendees to provide their
names and addresses.
(c) The applicant shall submit a summary of the meeting,
along with the list of attendees and their addresses developed
under R315-4-2.31(b), and copies of any written comments or
materials submitted at the meeting, to the Director as a part of
the part B application in accordance with R315-3-2.5(b).
(d) The applicant shall provide public notice of the
pre-application meeting at least 30 days prior to the meeting.
The applicant shall maintain, and provide to the Division upon
request, documentation of the notice.
(1) The applicant shall provide public notice in all of
the following forms:
(i) A newspaper advertisement. The applicant shall
publish a notice, fulfilling the requirements in
R315-4-2.31(d)(2), in a newspaper of general circulation in the
county or equivalent jurisdiction that hosts the proposed
location of the facility. In addition, the Director shall
instruct the applicant to publish the notice in newspapers of
general circulation in adjacent counties or equivalent
jurisdictions, where the Director determines that such
publication is necessary to inform the affected public. The
notice shall be published as a display advertisement.
(ii) A visible and accessible sign. The applicant shall
post a notice on a clearly marked sign at or near the facility,
fulfilling the requirements in 315-4-2.31(d)(2). If the applicant
places the sign on the facility property, then the sign shall be
large enough to be readable from the nearest point where the
public would pass by the site.
(iii) A broadcast media announcement. The applicant shall
broadcast a notice, fulfilling the requirements in
R315-4-2.31(d)(2), at least once on at least one local radio
station or television station. The applicant may employ another
medium with prior approval from the Director.
(iv) A notice to the permitting agency. The applicant
shall send a copy of the newspaper notice to the Division and
local governments in accordance with
R315-4-1.10(c)(1)(v).
(2) The notices required under R315-4-2.31(d)(1) shall
include:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the
meeting;
(iii) A brief description of the facility and proposed
operations, including the address or a map, e.g., a sketched or
copied street map, of the facility location;
(iv) A statement encouraging people to contact the
facility at least 72 hours before the meeting if they need
special access to participate in the meeting; and
(v) The name, address, and telephone number of a contact
person for the applicant.
2.32 PUBLIC NOTICE REQUIREMENTS AT THE APPLICATION
STAGE
(a) Applicability. The requirements of this section shall
apply to all part B applications seeking initial permits for
hazardous waste management units. The requirements of this
section shall also apply to part B applications seeking renewal
of permits for such units under R315-3-5.2(b) through (d). The
requirements of this section do not apply to permit modifications
under R315-3-4.3, which incorporates by reference 40 CFR 270.42,
or permit applications submitted for the sole purpose of
conducting post-closure activities or post-closure activities and
corrective action at a facility.
(b) Notification at application submittal.
(1) The Director shall provide public notice as set forth
in R315-4-1.10(c)(1)(iv), and notice to appropriate units of
State and local government as set forth in R315-4-1.10(c)(1)(v),
that a part B permit application has been submitted to the
Division and is available for review.
(2) The notice shall be published within a reasonable
period of time after the application is received by the Director.
The notice shall include:
(i) The name and telephone number of the applicant's
contact person;
(ii) The name and telephone number of the Division, and a
mailing address to which information, opinions, and inquiries may
be directed throughout the permit review process;
(iii) An address to which people can write in order to be
put on the facility mailing list;
(iv) The location where copies of the permit application
and any supporting documents can be viewed and copied;
(v) A brief description of the facility and proposed
operations, including the address or a map, e.g., a sketched or
copied street map, of the facility location on the front page of
the notice; and
(vi) The date that the application was
submitted.
(c) Concurrent with the notice required under
R315-4-2.32(b), the Director shall place the permit application
and any supporting documents in a location accessible to the
public in the vicinity of the facility or at the Division's
office.
2.33 INFORMATION REPOSITORY
(a) Applicability. The requirements of this section shall
apply to all part B applications seeking initial permits for
hazardous waste management units.
(b) The Director may assess the need, on a case-by-case
basis, for an information repository. When assessing the need for
an information repository, the Director shall consider a variety
of factors, including: the level of public interest; the type of
facility; the presence of an existing repository; and the
proximity of the nearest copy of the administrative record. If
the Director determines, at any time after submittal of a permit
application, that there is a need for a repository, then the
Director shall notify the facility that it shall establish and
maintain an information repository. See R315-3-3.1(m) for similar
provisions relating to the information repository during the life
of a permit.
(c) The information repository shall contain all
documents, reports, data, and information deemed necessary by the
Director to fulfill the purposes for which the repository is
established. The Director shall have the discretion to limit the
contents of the repository.
(d) The information repository shall be located and
maintained at a site chosen by the facility. If the Director
finds the site unsuitable for the purposes and persons for which
it was established, due to problems with the location, hours of
availability, access, or other relevant considerations, then the
Director shall specify a more appropriate site.
(e) The Director shall specify requirements for informing
the public about the information repository. At a minimum, the
Director shall require the facility to provide a written notice
about the information repository to all individuals on the
facility mailing list.
(f) The facility owner/operator shall be responsible for
maintaining and updating the repository with appropriate
information throughout a time period specified by the Director.
The Director may close the repository at his or her discretion,
based on the factors in R315-4-2.33(b).
R315-4-10. Public Participation.
In addition to hearings required under the State
Administrative Procedures Act and proceedings otherwise outlined
or referenced in these rules, the Director will investigate and
provide written response to all citizen complaints duly
submitted. In addition, the Director shall not oppose
intervention in any civil or administrative proceeding by any
citizen where permissive intervention may be authorized by
statute, rule or regulation. The Director will publish notice of
and provide at least 30 days for public comment on any proposed
settlement of any enforcement action.
R315-4-11. Commercial Hazardous Waste Facility Siting
Criteria.
(a) Applicability.
R315-4-11 applies to all permit applications for
commercial facilities that have been submitted and that have not
yet been approved, as well as all future applications.
(b) Land Use Compatibility and Location.
(1) Siting of commercial hazardous waste treatment,
storage, and disposal facilities, including commercial hazardous
waste incinerators, is prohibited within:
(i) national, state, and county parks, monuments, and
recreation areas; designated wilderness and wilderness study
areas; wild and scenic river areas;
(ii) ecologically and scientifically significant natural
areas, including but not limited to, wildlife management areas
and habitat for listed or proposed endangered species as
designated pursuant to the Endangered Species Act of
1982;
(iii) 100 year floodplains, unless, for non-land based
facilities only, the conditions found in subsection R315-8-2.9
are met to the satisfaction of the Director;
(iv) 200 ft. of Holocene faults;
(v) underground mines, salt domes and salt beds;
(vi) dam failure flood areas;
(vii) areas likely to be impacted by landslide, mudflow,
or other earth movement;
(viii) farmlands classified or evaluated as
"prime," "unique," or of "statewide
importance" by the U.S. Department of Agriculture Soil
Conservation Service under the Prime Farmland Protection
Act;
(ix) areas above aquifers containing ground water which
has a total dissolved solids (TDS) content of less than 500 mg/l
and which does not exceed applicable ground water quality
standards for any contaminant. Land disposal facilities are also
prohibited above aquifers containing ground water which has a TDS
content of less than 3000 mg/l and which does not exceed
applicable ground water quality standards for any contaminant.
Non-land-based facilities above aquifers containing ground water
which has a TDS content of 500 to 3000 mg/l and all facilities
above aquifers containing ground water which has a TDS content
between 3000 and 10,000 mg/l are permitted only where the depth
to ground water is greater than 100 ft. The applicant for the
proposed facility will make the demonstration of ground water
quality necessary to determine the appropriate aquifer
classification;
(x) recharge zones of aquifers containing ground water
which has a TDS content of less than 3000 mg/l. Land disposal
facilities are also prohibited in recharge zones of aquifers
containing ground water which has a TDS content of less than
10,000 mg/l;
(xi) designated drinking water source protection areas
or, if no source protection area is designated, a distance to
existing drinking water wells and watersheds for public water
supplies of one year ground water travel time plus 1000 feet for
non-land-based facilities and five years ground water travel time
plus 1000 feet for land disposal facilities. This requirement
does not include on-site facility operation wells. The applicant
for the proposed facility will make the demonstration, acceptable
to the Director, of hydraulic conductivity and other information
necessary to determine the one or five year ground water travel
distance as applicable. The facility operator may be required to
conduct vadose zone or other near surface monitoring if
determined to be necessary and appropriate by the
Director;
(xii) five miles of existing permanent dwellings,
residential areas, and other incompatible structures including,
but not limited to, schools, churches, and historic
structures;
(xiii) five miles of surface waters including
intermittent streams, perennial streams, rivers, lakes,
reservoirs, estuaries, and wetlands; and
(xiv) 1000 ft. of archeological sites to which adverse
impacts cannot reasonably be mitigated.
(c) Emergency Response and Transportation
Safety.
(1) An assessment of the availability and adequacy of
emergency services, including medical and fire response, shall be
included in the permit application. The application shall also
contain evidence that emergency response plans have been
coordinated with local and regional emergency response personnel.
The permit may be delayed or denied if these services are deemed
inadequate.
(2) Trained emergency response personnel and equipment
are to be retained by the facility and be capable of responding
to emergencies both at the site and involving wastes being
transported to and from the facility within the state. Details of
the proposed emergency response capability shall be given in the
permit application and will be stipulated in the permit.
(3) Proposed routes of transport within the state shall
be specified in the permit application. No hazardous waste shall
be transported on roads where weight restrictions for the road or
any bridge on the road will be exceeded in the selected route of
travel. Prime consideration in the selection of routes shall be
given to roads which bypass population centers. Route selection
should consider residential and non-residential populations along
the route; the width, condition, and types of roads used;
roadside development along the route; seasonal and climatic
factors; alternate emergency access to the facility site; the
type, size, and configuration of vehicles expected to be hauling
to the site; transportation restrictions along the proposed
routes; and the transportation means and routes available to
evacuate the population at risk in the event of a major accident,
including spills and fires.
(d) Exemptions.
Exemptions from the criteria of this section may be
granted upon application on a case by case basis by the Waste
Management and Radiation Control Board after an appropriate
public comment period and when the Board determines that there
will be no adverse impacts to public health or the environment.
The Board cannot grant exemptions which would conflict with
applicable regulations and restrictions of other regulatory
authorities.
(e) Completeness of Application.
The permit application shall not be considered complete
until the applicant demonstrates compliance with the criteria
given herein.
(f) Siting Authority.
It is recognized that Titles 10 and 17 of the Utah Code
give cities and counties authority for local land use planning
and zoning. Nothing in these rules precludes cities and counties
from establishing additional requirements as provided by
applicable state and federal law.
KEY: hazardous waste
Date of Enactment or Last Substantive Amendment: April 25,
2013
Notice of Continuation: July 13, 2011
Authorizing, and Implemented or Interpreted Law: 19-6-105;
19-6-106
]
Additional Information
More information about a Notice of Proposed Rule is available online.
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/2016/b20160201.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.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.