No. 30986: R315-302. Solid Waste Facility Location Standards, General Facility Requirements, and Closure Requirements

DAR File No.: 30986
Filed: 02/14/2008, 11:50
Received by: NL

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)(i) of the Solid and Hazardous Waste Act requires that the solid waste program provided for in the Act meet the qualifications for primacy under the federal rules. The requirements established in Rule R315-302 are part of the basis of this program. Subsection 19-6-104(3)(a) requires that the type of solid waste and tonnage of solid waste generated in the state be determined. Rule R315-302 contains the requirements as to how this is to be accomplished. Subsection 19-6-104(4) requires that rules be established that set siting criteria for nonhazardous solid waste disposal facilities. Section 19-6-105 allows for rules to establish standards for the storage, collection, transport, recovery, treatment, and disposal of solid waste and to establish rules prohibiting disposal in places other than those approved. Section 19-6-108 requires approval of operations plans for disposal facilities. Rule R315-302 establishes part of the framework required to meet the requirements of the Solid and Hazardous Waste Act.

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

Proposed changes to the rule were published in September 2003 and December 2006. One comment was received during the 2006 public notice period. The comment related to the change made in the rule to incorporate the statutory requirements (Section 9-8-404) to conduct a historical investigation of a site prior to a state agency taking action related to the site, such as issuing a permit. No comments were received during the 2003 comment period.

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 operations, monitoring, closure, and post-closure care of a solid waste disposal facility. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued. During the two comment periods on modifications to Rule R315-302, one comment in opposition to the proposed change was received. The comment reflected a position that contravened the requirements of Section 9-8-404. The comment response explained how the Division of Solid and Hazardous Waste would be administering the requirements of Section 9-8-404 and that the concerns of the commenter that an expensive historical survey of their disposal site would be needed for each permit renewal was not valid because the change related only to new or expanding landfills.

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]

Authorized by:

Dennis Downs, Director