DAR File No. 41402

This notice was published in the April 15, 2017, issue (Vol. 2017, No. 8) of the Utah State Bulletin.


Environmental Quality, Environmental Response and Remediation

Rule R311-208

Underground Storage Tank Penalty Guidance

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41402
Filed: 03/27/2017 03:21:48 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

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

Section 19-6-403 of the Utah Underground Storage Tank (UST) Act gives the Utah Waste Management and Radiation Control Board authority to regulate USTs and petroleum storage tanks, and make rules for administration of the petroleum storage tank program. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Section 19-6-425 of the UST Act provides for civil penalties for violations of the Act. Section 19-6-416 of the UST Act provides for penalties for deliveries of petroleum to a regulated underground storage tank that is not identified as being properly certified and in compliance.

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

No comments on this rule have been received since the last five-year review.

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

The rule provides guidance to the Director of the Division of Environmental Response and Remediation in imposing and negotiating appropriate penalties against the various degrees of violations. The guidance provides that penalty amounts shall be in accordance with the severity of the violation, risk of harm, and the willingness of individuals to cooperate. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Environmental Response and RemediationRoom First Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

  • Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov
  • David Wilson at the above address, by phone at 801-536-4138, by FAX at , or by Internet E-mail at djwilson@utah.gov

Effective:

03/27/2017

Authorized by:

Brent Everett, 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/2017/b20170415.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 Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov; David Wilson at the above address, by phone at 801-536-4138, by FAX at , or by Internet E-mail at djwilson@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.