DAR File No. 40263

This notice was published in the April 1, 2016, issue (Vol. 2016, No. 7) of the Utah State Bulletin.

Environmental Quality, Waste Management and Radiation Control, Waste Management

Rule R315-102

Penalty Policy

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40263
Filed: 03/10/2016 02:46:28 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-6-104(3)(d) states that the Board shall meet the requirements of federal law related to solid and hazardous wastes to ensure that the solid and hazardous wastes program provided for in this part is qualified to assume primacy from the federal government in control over solid and hazardous waste. 40 CFR 271.16 outlines the federal requirements for enforcement authority that must be met for a state to receive primacy for the hazardous waste program. One of the requirements for primacy (40 CFR 271.16(c)) is that the penalty shall be appropriate to the violation. Rule R315-102 was adopted by the Board to meet the requirements of Subsection 19-6-104(3)(d) and 40 CFR 271.16(c). The rule establishes the criteria the director will use for proposed penalties that are negotiated with parties that have violated the hazardous waste rules.

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

The rule was modified once during the five-year review period and no comments were received.

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

The rule is necessary to give the director guidance when negotiating a penalty with a person of facility or permittee. The rule guidance allows the director to be consistent in assessing penalties. 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
Waste 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 rbohn@utah.gov



Authorized by:

Scott Anderson, Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation 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/b20160401.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 Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.