No. 40263 (5-year Review): Rule R315-102. Penalty Policy  

  • DAR File No.: 40263
    Filed: 03/10/2016 02:46:28 PM

    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(3)(d) states that the Board shall meet the requirements of federal law related to solid and hazardous wastes to ensure that the solid and hazardous wastes program provided for in this part is qualified to assume primacy from the federal government in control over solid and hazardous waste. 40 CFR 271.16 outlines the federal requirements for enforcement authority that must be met for a state to receive primacy for the hazardous waste program. One of the requirements for primacy (40 CFR 271.16(c)) is that the penalty shall be appropriate to the violation. Rule R315-102 was adopted by the Board to meet the requirements of Subsection 19-6-104(3)(d) and 40 CFR 271.16(c). The rule establishes the criteria the director will use for proposed penalties that are negotiated with parties that have violated the hazardous waste rules.

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

    The rule was modified once during the five-year review period and no comments were received.

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

    The rule is necessary to give the director guidance when negotiating a penalty with a person of facility or permittee. The rule guidance allows the director to be consistent in assessing penalties. 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
    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:

    Effective:

    03/10/2016

    Authorized by:

    Scott Anderson, Director


Document Information

Effective Date:
3/10/2016
Publication Date:
04/01/2016
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
03/10/2016
Agencies:
Environmental Quality, Waste Management and Radiation Control, Waste Management
Authorized By:
Scott Anderson, Director
DAR File No.:
40263
Summary:

The rule was modified once during the five-year review period and no comments were received.

CodeNo:
R315-102
CodeName:
{35416|R315-102|R315-102. Penalty Policy}
Link Address:
Environmental QualityWaste Management and Radiation Control, Waste ManagementRoom Second Floor 195 N 1950 WSALT LAKE CITY, UT 84116-3097
Link Way:

Ralph Bohn, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R315-102. Penalty Policy.