No. 29206 (Amendment): R315-305-4. General Requirements

DAR File No.: 29206
Filed: 11/09/2006, 03:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is changed to remove a date that is no longer valid and is no longer needed; to clarify land use requirements for landfills that accept dead animals; and to add a requirement for an archaeological survey required by changes made in the historical preservation statute made in the 2006 legislative general session (H.B. 139). (DAR NOTE: H.B. 139 (2006) is found at Chapter 292, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

The rule is changed to remove the date of October 15, 2003, since it is no longer valid and no longer needed; to clarify the land use requirements for Class IV landfills that may accept dead animals; and to require that an archaeological survey be submitted that demonstrates the facility meets the siting criteria.

State statutory or constitutional authorization for this rule:

Sections 19-6-104, 19-6-105, 19-6-108, and 19-6-109; Subsection 9-8-401(1); and 40 CFR 257

Anticipated cost or savings to:

the state budget:

The changes to the rule have no effect on state agencies and the enforcement and oversight of the solid waste program will not change. Therefore, it is anticipated that there will be no change to the state budget.

local governments:

For the parts of the rule where the requirements of the rule are clarified and not changed, it is anticipated that there will be no cost or savings impact to local governments. The change requiring submittal of an archaeological survey is implementing existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact.

other persons:

For the parts of the rule where the requirements of the rule are clarified and not changed, it is anticipated that there will be no cost or savings impact to local governments. The change requiring submittal of an archaeological survey is implementing existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact.

Compliance costs for affected persons:

For the parts of the rule where the requirements of the rule are clarified and not changed, it is anticipated that there will be no cost or savings impact to affected persons. The change requiring submittal of an archaeological survey is implementing existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact.

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

For the parts of the rule where the requirements of the rule are clarified and not changed, it is anticipated that there will be no cost or savings impact to businesses. The change requiring submittal of an archaeological survey is implementing existing requirements of the historical preservation statute passed in the 2006 legislative session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact. Dianne R. Nielson, 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 Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Ralph Bohn at the above address, by phone at 801-538-6794, by FAX at 801-538-6715, or by Internet E-mail at [e-mail]

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:

01/02/2007

This rule may become effective on:

01/31/2007

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-305. Class IV and VI Landfill Requirements.

R315-305-4. General Requirements.

(1) Location Standards.

(a) A new Class IVa Landfill shall meet the location standards of Subsection R315-302-1(2).

(b) A new Class IVb or VI Landfill or the expansion of an existing Class IVb or VI Landfill shall be subject to the following location standards:

(i) the standards with respect to floodplains as specified in Subsection R315-302-1(2)(c)(ii);

(ii) the standards with respect to wetlands as specified in Subsection R315-302-1(2)(d);

(iii) the standards with respect to ground water as specified in Subsection R315-301-1(2)(e)(i)(B);[ and]

(iv) the standards with respect to geology as specified in Subsections R315-302-1(2)(b)(i) and (iv);

(v)[(iv)] if the permit application for a new Class [IVa, ]IVb, or VI Landfill requests approval to accept dead animals for disposal, the application shall document that the landfill also meets the land use compatibility requirements of Subsections R315-302-1(2)(a)(i), (ii), (iv), and (v); and

(vi) The requirements of Subsection R315-302-1(2)(f).

[(v)](c) Exemptions from the location standards of Subsection R315-305-4(1)(b)(i), (ii), [ and ](iii), (iv), and (v) may be granted by the Executive Secretary for a new Class IVb or VI Landfill, on a site specific bases, if it is determined that the exemption will cause no adverse impact to human health or the environment.

[(A)](i) No exemption may be granted without application to the Executive Secretary.

[(B)](ii) If an exemption is granted, the landfill may be required to [have]meet more stringent design, construction, monitoring[ program], or [operational practice]operation requirements than the minimum described in Rule R315-305 to protect human health or the environment.

[(c)](d) An existing Class IVa, IVb, or VI Landfill:

(i) shall not be subject to the location standards of Subsections R315-305-4(1)(a) or R315-305-4(1)(b)(i), (ii),[ or] (iii), or (iv); but

(ii) if the current permit of an existing Class IVa, IVb, or VI Landfill does not allow the acceptance of dead animals and the owner or operator requests approval to accept dead animals for disposal[ after October 15, 2003], the request to the Executive Secretary shall document that the landfill also meets the land use compatibility requirements of Subsections R315-302-1(2)(a)(i), (ii), (iv), and (v).

(2) An owner or operator of a Class IV or VI Landfill shall obtain a permit, as set forth in Rule R315-310.

(3) An owner or operator of a Class IV or VI Landfill shall design and operate the landfill to:

(a) prevent the run-on of all surface waters resulting from a maximum flow of a 25-year storm into the active area of the landfill; and

(b) collect and treat, if necessary, the run-off of surface waters and other liquids resulting from a 25-year storm from the active area of the landfill.

(4) An owner or operator of a Class IVa Landfill shall monitor the ground water beneath the landfill as specified in Rule R315-308.

(5) An owner or operator of a Class IV or VI Landfill shall erect a sign at the facility entrance as specified in Subsection R315-303-3(7)(d).

(6) An owner or operator of a Class IV or VI Landfill shall maintain the applicable records as specified in Subsection R315-302-2(3).

(7) An owner or operator of a Class IV or VI Landfill shall meet the requirements of Subsection R315-302-2(6) and make the required recording with the county recorder.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [October 15, 2003]2007

Notice of Continuation: March 14, 2003

Authorizing, and Implemented or Interpreted Law: 19-6-104; 19-6-105; 19-6-108; 19-6-109; 40 CFR 257