No. 29214 (Amendment): R315-314-3. Facility Standards for Piles Used for Storage and Treatment

DAR File No.: 29214
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 refer to the permit requirement in Section R315-310-8. Section R315-310-8 is changed to require the submittal of an archaeological survey be submitted that is needed to meet the requirements of changes in the historical preservation statute passed in the 2006 legislative general session (H.B. 139). Section R315-310-8 is also changed to require solid waste facility permit applications to specify certain public participation requirements during the permitting process. (DAR NOTES: H.B. 139 (2006) is found at Chapter 292, Laws of Utah 2006, and was effective 05/01/2006. The proposed amendment to Rule R315-310 is under DAR No. 29210 is this issue, December 1, 2006, of the Bulletin.)

Summary of the rule or change:

The rule is changed to refer to the permit requirements in Section R315-310-8. Section R315-310-8 is changed to require all new or expanding facilities or existing facilities that have not done an archaeological survey to submit one. Section R315-310-8 is also changed to require all solid waste facility permit applications to establish requirements for the providing of information to owners of property adjacent to a proposed solid waste facility.

State statutory or constitutional authorization for this rule:

Sections 19-6-105, 19-6-105, 19-6-108, and 19-6-819

Anticipated cost or savings to:

the state budget:

Submittal of the archaeological survey will save the State the cost of conducting the survey that is required by changes in the historical preservation statute. The rule change will require the Executive Secretary to contact property owners adjacent to solid waste disposal facilities and contact the local government within which the site is located. This change will require minor staff time and the mailing costs will show a minor increase.

local governments:

The statutory change made in the 2006 legislative session (H.B. 139) requires that the survey be submitted by the state agency involved in the action. Therefore, the survey must be submitted as part of the permit application. A local government that applies to permit a waste storage facility may experience a slight cost increase to prepare a permit application to include information required to meet the proposed public participation rule change.

other persons:

The statutory change made in the 2006 legislative general session (H.B. 139) requires that the survey be submitted by the state agency involved in the action. Therefore, the survey must be submitted as part of the permit application. Other persons that operate a new or existing waste tire storage facility may experience a slight cost increase to prepare a permit application to include information of the proposed public participation requirements.

Compliance costs for affected persons:

The statutory change made in the 2006 legislative general session (H.B. 139) requires that the survey be submitted by the state agency involved in the action. Therefore, the survey must be submitted as part of the permit application. Affected persons may experience a slight cost increase to prepare a permit application to include information of the proposed public participation requirements.

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

The statutory change made in the 2006 legislative general session (H.B. 139) requires that the survey be submitted by the state agency involved in the action. Therefore, the survey must be submitted as part of the permit application. Businesses that operate waste tire storage facilities may experience a slight cost increase to prepare a permit application to include information of the proposed public participation requirements. 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.

R315-314. Facility Standards for Piles Used for Storage and Treatment.

R315-314-3. Requirements for a Waste Tire Storage Facility.

(1) The definitions of Section R315-320-2 are applicable to the requirements for a waste tire storage facility.

(2) No waste tire storage facility may be established, maintained, or expanded until the owner or operator of the waste tire storage facility has obtained a permit from the Executive Secretary. The owner or operator of the waste tire storage facility shall operate the facility in accordance with the conditions of the permit and otherwise follow the permit.

(3) The owner or operator of a waste tire storage facility shall:

(a) submit the following for approval by the Executive Secretary:

(i) the information required in Subsections R315-310-[3(1)(a), (b), and (c)]8;

(ii) a plan of operation as required by Subsection R315-302-2(2);

(iii) a plot plan of the storage site showing:

(A) the arrangement and size of the tire piles on the site;

(B) the width of the fire lanes and the type and location of the fire control equipment; and

(C) the location of any on-site buildings and the type of fencing to surround the site;

(iv) a financial assurance plan including the date that the financial assurance mechanism becomes effective; and

(v) a vector control plan;

(b) accumulate tires only in designated areas;

(c) control access to the storage site by fencing;

(d) limit individual tire piles to a maximum of 5,000 square feet of continuous area in size at the base of the pile;

(e) limit the individual tire piles to 50,000 cubic feet in volume or 10 feet in height;

(f) insure that piles be at least 10 feet from any property line or any building and not exceed 6 feet in height when within 20 feet of any property line or building;

(g) provide for a 40 foot fire lane between tire piles that contains no flammable or combustible material or vegetation;

(h) effect a vector control program, if necessary, to minimize mosquito breeding and the harborage of other vectors such as rats or other animals;

(i) provide on-site fire control equipment that is maintained in good working order;

(j) display an emergency procedures plan and inspection approval by the local fire department and require all employees to be familiar with the plan;

(k) establish financial assurance for clean-up and closure of the site:

(i) in the amount of $150 per ton of tires stored at the site; and

(ii) in the form of a trust fund, letter of credit, or other mechanism as approved by the Executive Secretary;

(l) maintain a record of the number of:

(i) tires received at the site;

(ii) tires shipped from the site

(iii) piles of tires at the site; and

(iv) tires in each pile; and

(m) meet the applicable reporting requirements of Subsection R315-302-2(4).

(4) Whole Tires Stored in a Tire Fence.

(a) Whole Tires stored in a tire fence are exempt from Subsections R315-314-3(3)(e), (f), and (g) but must:

(i) obtain a permit from the Executive Secretary as required by Subsection R315-314-3(2);

(ii) receive approval for establishing, maintaining, or expanding the tire fence from the local government and the local fire department and submit documentation of these approvals to the Executive Secretary; and

(iii) maintain the fence no more than one tire wide and eight feet high.

(b) An owner of a tire fence may receive a waiver from the requirements of Subsection R315-314-3(4)(a)(i) if the Executive Secretary receives written notice from the owner of the tire fence on or before November 15, 1999 that documents and certifies that:

(i) the tire fence was in existence prior to October 15, 1999; and

(ii) no tires have been added to the fence after October 14, 1999.

(5) Each tire recycler, as defined by Subsection 19-6-803(19), that stores tires in piles prior to recycling shall comply with the following requirements:

(a) if the tire recycler documents that the waste tires are stored for five or fewer days, the tire recycler shall:

(i) meet the requirements of Subsections R315-314-3(3)(b) through (g); or

(ii) obtain a waiver from the requirements of Subsections R315-314-3(3)(b) through (g) from the local fire department; or

(b) if the tire recycler does not document that the waste tires are stored for five or fewer days, the tire recycler shall be considered a waste tire storage facility and shall:

(i) meet the requirements of Subsections R315-314-3(2) and (3); and

(ii) the amount of financial assurance required by Subsection R315-314-3(3)(l) shall be $150 per ton of tires held as the average inventory during the preceding year of operation.

 

KEY: solid waste management, waste disposal

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