No. 29213 (Amendment): R315-313-2. Transfer Station Standards

DAR File No.: 29213
Filed: 11/09/2006, 03:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is changed to clarify that transfer stations need to file an annual report with the executive secretary and to require transfer stations to prevent the acceptance of prohibited waste and to include submittal of information 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 clarify that transfer stations need to file an annual report with the executive secretary and to require transfer stations to prevent the acceptance of prohibited waste. The rule change also requires submittal of information required by the historical preservation act.

State statutory or constitutional authorization for this rule:

Sections 19-6-104, 19-6-105, and 19-6-108; and Subsection 9-8-404(1)

Anticipated cost or savings to:

the state budget:

The rule change does not affect state agencies and the enforcement and oversight of the requirements of the rule will not change. Therefore, there is no anticipated cost or savings impact to the state budget.

local governments:

A local government that operates a transfer station will experience a slight increase in costs to begin a waste inspection/screening program to prevent the acceptance of prohibited waste if this program is not currently in place. Most transfer stations are already conducting these inspections and will therefore not experience any cost changes. The anticipated aggregate cost increase to local governments cannot be estimated but will be small and in most cases will be zero as the inspections are already being conducted. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no new cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact.

other persons:

Other persons that operate transfer stations will experience a slight increase in costs to begin a waste inspection/screening program to prevent the acceptance of prohibited waste if this program is not currently in place. Most transfer stations are already conducting these inspections and will therefore not experience any cost changes. The anticipated aggregate cost increase cannot be estimated but will be small and in most cases will be zero as the inspections are already being conducted. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no new 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:

Affected persons that operate a transfer station are currently required to submit a Plan of Operation to the Executive Secretary and many transfer facilities currently inspect waste to prevent the acceptance of prohibited waste. The increase in costs to up-grade the Plan of Operation to include the waste inspection requirements will be small. The expected small increase in compliance costs for affected persons cannot be estimated. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no new 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:

Businesses that operate a transfer station are currently required to submit a Plan of Operation to the Executive Secretary and many transfer facilities currently inspect waste to prevent the acceptance of prohibited waste. The increase in costs to up-grade the Plan of Operation to include the waste inspection requirements will be small and in most cases will be zero as the inspections are already being conducted. The expected small increase in compliance costs for affected persons cannot be estimated. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative session (H.B. 139); therefore, no new 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.

R315-313. Transfer Stations and Drop Box Facilities.

R315-313-2. Transfer Station Standards.

(1) Each transfer station shall meet the requirements of Subsection R315-302-1(2)(f).

(2) Each transfer station shall meet the requirements of Section R315-302-2 and shall submit a plan of operation and such other information as requested by the Executive Secretary for approval prior to construction and operation.

(3) Each transfer station shall submit, to the Executive Secretary, by March 1 of each year, a report that meets the applicable requirements of Subsection R315-302-2(4) and a certification that the facility has, during the past year, operated according to the submitted plan of operation.

[(2)](4) Each transfer station shall be designed, constructed, and operated to:

(a) be surrounded by a fence, trees, shrubbery, or natural features so as to control access and to screen the station from the view of immediately adjacent neighbors, unless the tipping floor is fully enclosed by a building;

(b) be sturdy and constructed of easily cleanable materials;

(c) be free of potential rat harborage, and provide effective means to control rodents, insects, birds, and other vermin;

(d) be adequately screened to prevent blowing of litter and to provide effective means to control litter;

(e) provide protection of the tipping floor from wind, rain, or snow;

(f) have an adequate buffer zone around the active area to minimize noise and dust nuisances, and a buffer zone of 50 feet from the active area to the nearest property line in areas zoned residential;

(g) provide pollution control measures to protect surface and ground waters by the construction of:

(i) a run-off collection and treatment system, if required, must be designed and operated to collect and treat a 25-year storm and equipment cleaning and washdown water; and

(ii) a run-on prevention system to divert a 25-year storm event;

(h) provide all-weather access in all vehicular areas;

(i) provide pollution control measures to protect air quality including a prohibition against all burning and the development of odor and dust control plans to be made part of the plan of operation;

(j) prohibit scavenging;

(k) provide attendants on-site during hours of operation;

(l) have a sign that identifies the facility and shows at least the name of the site, hours during which the site is open for public use, materials not accepted at the facility, and other necessary information posted at the site entrance;

(m) prevent the acceptance of prohibited waste by meeting the requirements of Subsection R315-303-4(7);

[(m)](n) have communication capabilities, if available in the facility area, to immediately summon fire, police, or emergency service personnel in the event of an emergency; and

[(n)](o) remove all wastes at final closure from the facility to another permitted facility.

 

KEY: solid waste management

Date of Enactment or Last Substantive Amendment: [July 1, 2001]2007

Notice of Continuation: March 14, 2003

Authorizing, and Implemented or Interpreted Law: 19-6-104; 19-6-105; 19-6-108