No. 42453 (5-year Review): Rule R315-302. Solid Waste Facility Location Standards, General Facility Requirements, and Closure Requirements

DAR File No.: 42453
Filed: 01/12/2018 08:37:33 AM

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:

Subsection 19-6-104(1)(j) requires the Solid and Hazardous Waste Control Board to require any facility disposing of non-hazardous waste to submit plans, specifications, and other information required by the Board prior to the construction and/or operation of a facility. Subsection 19-6-108(12) requires that operation plans be reviewed every five years. This rule sets out the procedures and information that must be submitted to review a plan approval and meet the requirements of the statute.

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

Two amendments to this rule were made since the last five-year review. The first amendment was made to conform the rule with S.B. 21 which was passed during the 2012 General Session. No comments were received on this amendment. The second amendment deleted Subsection R315-302-1(2)(a)(iii) which prohibited a new solid waste landfill from being located within "farmland classified or evaluated as "prime", "unique", or of "statewide importance' by the U.S. Department of Agriculture Soil Conservation Service under the Prime Farmland Protection Act". After the Division of Waste Management and Radiation Control received feedback from stakeholders that this requirement is overly broad and likely outside the agency's regulatory purview since such farmland designations are overseen by the U.S. Department of Agriculture under the authority of the Farmland Protection Policy Act (FPPA). No comments were received on this amendment. No other comments were received from any interested persons either supporting or opposing this rule during or 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:

Rule R315-302 contains siting requirements for solid waste disposal facilities and the general outline of the operation, monitoring, closure, and post-closure care of a solid waste disposal facility. This rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. 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
Waste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at [e-mail]
• Thomas Ball at the above address, by phone at 801-536-0251, by FAX at , or by Internet E-mail at [e-mail]

Effective:

01/12/2018

Authorized by:

Scott Anderson, Director

---