No. 30987: R315-318. Permit by Rule

DAR File No.: 30987
Filed: 02/14/2008, 11:51
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:

The Solid and Hazardous Waste Act (Act) in Subsection 19-6-104(1)(i) 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 R315-318 are part of the basis of this program by setting up a solid waste facility permit program. The Solid and Hazardous Waste Act, in Section 19-6-105, allows for rules to establish standards for storage, collection, transport, recovery, treatment, and disposal of solid waste and establish rules prohibiting disposal in places other than those approved. Rule R315-318 sets these standards for facilities that are permitted under another state permitting program and avoids duplication in permitting and oversight.

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. No comments were received during the two comment periods.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Permitting of solid waste facilities is a requirement to receive program approval from the EPA and is also required by the Solid and Hazardous Waste Act. Rule R315-318 sets out the procedures and conditions that will allow facilities that are permitted under another state program to receive a permit by rule and be in compliance with the Solid and Hazardous Waste Act and the solid waste rules and not be burdened by regulation by two different agencies. Therefore, this rule should be continued.

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