No. 30911 (Amendment): R315-15-17. Wording of Financial Assurance Mechanisms

DAR File No.: 30911
Filed: 01/15/2008, 10:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to standardize wording for each different type of financial mechanism and make the financial instruments more consistent across all division programs, where applicable. This will also help to minimize delays in permit approval review by creating standardized financial mechanism language, thus not requiring review by the Attorney General's office in order to address potential legal issues.

Summary of the rule or change:

This rule presents standard wording forms for each acceptable financial assurance mechanism found in Section R315-15-12. The forms are incorporated by reference and are available at the Division of Solid and Hazardous Waste, 288 N 1460 W, Salt Lake City, UT, during normal business hours and on the division's web site at http://www.hazardouswaste.utah.gov.

State statutory or constitutional authorization for this rule:

Section 19-6-704

This rule or change incorporates by reference the following material:

Used Oil Program Financial Assurance Mechanism Forms published by the Executive Secretary of the Utah Solid and Hazardous Waste Control Board. Draft forms published January 10, 2008

Anticipated cost or savings to:

the state budget:

No additional costs or savings to the state budget are expected because this rule revision is only proposing standardized language for financial assurance mechanisms. There are currently no permitted used oil facilities owned or operated by the state.

local governments:

No additional costs or savings to local budgets is expected because this rule revision is only proposing standardized language for financial assurance mechanisms. There are currently no permitted used oil facilities owned or operated by any local government.

small businesses and persons other than businesses:

No additional costs or savings to small businesses and other persons is expected because this rule revision is only proposing standardized language for financial assurance mechanisms.

Compliance costs for affected persons:

No additional compliance costs for affected persons is expected because this rule revision is only proposing standardized language for financial assurance mechanisms.

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

There are no anticipated increased costs due to the proposed rule changes. Richard W. Sprott, 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:

Jim Smith at the above address, by phone at 801-538-7061, 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:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-15. Standards for the Management of Used Oil.

R315-15-17. Wording of Financial Assurance Mechanisms.

17.1 APPLICABILITY

Section R315-15-17 presents the standard wording forms to be used for the financial assurance mechanisms found in Section R315-15-12. The following forms are hereby incorporated by reference and are available at the Division of Solid and Hazardous Waste located at 288 North 1460 West, Salt Lake City, Utah, during normal business hours or on the Division's web site, http://www.hazardouswaste.utah.gov/.

17.1.2 The Division requires that the forms described in this rule shall be used for all filings. Actual copies may be used or facilities may adapt them to their word processing system. If adapted, the content, size, font, and format must be similar.

17.1.3 The Executive Secretary may substitute new wording for the wording found in any of the financial assurance mechanism forms when such language changes are necessary to conform to applicable financial industry changes, when industry-wide consensus language changes are submitted to the Executive Secretary.

17.2 TRUST AGREEMENTS

The trust agreement for a trust fund must be worded as found in the Trust Agreement Form published January 10, 2008 by the Executive Secretary.

17.3 SURETY BOND GUARANTEEING PAYMENT INTO A STANDBY TRUST AGREEMENT TRUST FUND

The surety bond guaranteeing payment into a standby trust agreement trust fund must be worded as found in the Surety Bond Guaranteeing Payment into a Standby Trust Agreement Trust Fund Form published January 10, 2008 by the Executive Secretary.

17.4 IRREVOCABLE STANDBY LETTER OF CREDIT WITH STANDBY TRUST AGREEMENT

The letter of credit must be worded as found in the Irrevocable Standby Letter of Credit with Standby Trust Agreement Form published January 10, 2008 by the Executive Secretary.

17.5 UTAH USED OIL POLLUTION LIABILITY INSURANCE ENDORSEMENT FOR CLEANUP AND CLOSURE

The insurance endorsement of cleanup and closure must be worded as found in the Utah Used Oil Pollution Liability Insurance Endorsement for Cleanup and Closure Form published January 10, 2008 by the Executive Secretary.

17.6 UTAH USED OIL TRANSPORTER POLLUTION LIABILITY ENDORSEMENT FOR SUDDEN OCCURRENCE

The used oil transporter pollution liability endorsement for sudden occurrence must be worded as found in the Utah Used Oil Transporter Pollution Liability Endorsement for Sudden Occurrence Form published January 10, 2008 by the Executive Secretary.

17.7 UTAH USED OIL POLLUTION LIABILITY ENDORSEMENT FOR SUDDEN OCCURRENCE

The used oil pollution liability endorsement for sudden occurrence for permitted facilities other than permitted transporters must be worded as found in the Utah Used Oil Pollution Liability Endorsement for Sudden Occurrence Form published January 10, 2008 by the Executive Secretary.

17.8 UTAH USED OIL POLLUTION LIABILITY ENDORSEMENT FOR NON-SUDDEN OCCURRENCE

The used oil pollution liability endorsement for non-sudden occurrence must be worded as found in the Utah Used Oil Pollution Liability Endorsement Non-Sudden Occurrence Form published January 10, 2008 by the Executive Secretary.

17.9 UTAH USED OIL POLLUTION LIABILITY ENDORSEMENT FOR COMBINED SUDDEN AND NON-SUDDEN OCCURRENCES

The used oil pollution liability endorsement combined for sudden and non-sudden occurrence must be worded as found in the Utah Used Oil Pollution Liability Endorsement for Combined Sudden and Non-Sudden Occurrences Form published January 10, 2008 by the Executive Secretary.

17.10 LETTER OF CREDIT FOR THIRD-PARTY DAMAGES FROM ENVIRONMENTAL POLLUTION LIABILITY WITH OPTIONAL STANDBY TRUST AGREEMENT TO BE USED BY TRANSFER/PROCESSOR/RE-REFINER/OFF-SPECIFICATION BURNER FACILITY

The letter of credit must be worded as found in the Letter of Credit for Third Party Damages from Environmental Pollution Liability with Optional Standby Trust Agreement to be used by Transfer/Processor/Re-refiner/Off-specification Burner Facility Form published January 10, 2008 by the Executive Secretary.

17.11 PAYMENT BOND FOR THIRD-PARTY DAMAGES FROM ENVIRONMENTAL POLLUTION LIABILITY TO BE USED BY TRANSFER/PROCESSOR/RE-REFINER/OFF-SPECIFICATION BURNER FACILITY

A surety bond must be worded as found in the Payment Bond for Third Party Damages from Environmental Pollution Liability to be used by Transfer/Processor/Re-refiner/Off-specification burner Facility Form published January 10, 2008 by the Executive Secretary.

17.12 TRUST AGREEMENT FOR THIRD-PARTY DAMAGES FROM ENVIRONMENTAL POLLUTION LIABILITY TO BE USED BY TRANSFER/PROCESSOR/RE-REFINER/OFF-SPECIFICATION BURNER FACILITY

A trust agreement must be worded as found in the Trust Agreement for Third Party Damages from Environmental Pollution Liability to be used by Transfer/Processor/Re-refiner/Off-specification Burner Facility Form published January 10, 2008 by the Executive Secretary.

17.13 STANDBY TRUST AGREEMENT ASSOCIATED WITH THIRD-PARTY DAMAGES FROM ENVIRONMENTAL POLLUTION LIABILITY REQUIRING A STANDBY TRUST AGREEMENT TO BE USED BY TRANSFER/PROCESSOR/RE-REFINER/OFF-SPECIFICATION BURNER FACILITY

A standby trust agreement must be worded as found in the Standby Trust Agreement Associated with Third Party Damages from Environmental Pollution Liability Requiring Standby Trust Agreement to be used by Transfer/Processor/Re-refiner/Off-specification Burner Facility Form published January 10, 2008 by the Executive Secretary.

17.14 STANDBY TRUST AGREEMENT,OTHER THAN LIABILITY, FOR TRANSFER/PROCESSOR/RE-REFINER/OFF-SPECIFICATION BURNER FACILITY

The standby trust agreement for a trust fund must be worded as found in the Standby Trust Agreement, other than Liability for Transfer/Processor/Re-refiner/Off-specification Burner Facility Form published January 10, 2008 by the Executive Secretary.

 

KEY: hazardous waste, used oil[*]

Date of Enactment or Last Substantive Amendment: [June 17, 1998]2008

Notice of Continuation: October 4, 2007

Authorizing, and Implemented or Interpreted Law: 19-6-704