DAR File No. 40312

Environmental Quality, Waste Management and Radiation Control, Waste Management

Section R315-124-34

Public Participation

Notice of Proposed Rule

(Amendment)

DAR File No.: 40312
Filed: 04/14/2016 02:19:24 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule change is in response to public comments made during the February 1, 2016, through March 3, 2016, comment period on the proposed rule. During the comment period on the adoption of Rule R315-124, a commenter ask the Division to review all the rules being proposed for adoption to check for errors. The requirement for investigation of complaints was found to one item that is required by federal rule and was not included in the proposed Rule R315-124. (DAR NOTE: The proposed new Rule R315-124 was published under DAR No. 40106 in the February 1, 2016, issue of the Bulletin and was made effective on 04/15/2016.)

Summary of the rule or change:

The change adds a sentence to require investigation of complaints.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-106

Anticipated cost or savings to:

the state budget:

The rule change will have no affect on the current rule as the rule change does not add any requirements that have to meet that are not already in place.

local governments:

No cost or savings for local governments as the rule change does not add any requirements that local governments have to meet that are not already in place.

small businesses:

No cost or savings for small business as the rule change does not add any requirements that small businesses will have to meet that are not already in place.

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

No cost or savings for other persons as the rule change does not add any requirements that they have to meet that are not already in place.

Compliance costs for affected persons:

No compliance costs will result from this change as the change does not add any new requirements that affected persons will have to meet.

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

No compliance costs will result to business from this change.

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 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

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:

05/31/2016

This rule may become effective on:

06/07/2016

Authorized by:

Scott Anderson, Director

R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

R315-124. Procedures for Decisionmaking.

R315-124-34. 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 shall publish notice of and provide at least 30 days for public comment on any proposed settlement of any enforcement action.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106