No. 29848: R311-210. Administrative Procedures for Underground Storage Tank Adjudicative Proceedings

DAR File No.: 29848
Filed: 04/18/2007, 01:49
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:

Section 19-6-403 of the Utah Underground Storage Tank (UST) Act gives the Utah Solid and Hazardous Waste Control Board authority to regulate USTs and petroleum storage tanks, and make rules for administration of the petroleum storage tank program. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Subsection 63-46b-1(6) of the Utah Administrative Procedures Act (UAPA) authorizes agencies to make rules to supplement UAPA to address adjudicative needs of the agency. The UST Act has provisions under which adjudicative proceedings take place, such as identification of responsible parties, apportioning liability, revoking certificates of compliance, and agency review of appeals or orders.

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

No comments on this rule have been received 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:

The UAPA exempts UST Act initial orders and notices of violation from UAPA requirements, but the UAPA becomes applicable if a UAPA-exempt order is contested or appealed. This rule provides necessary procedures for the transition of UAPA-exempt orders into UAPA proceedings when an order is contested. The rule is necessary to address agency adjudicative needs not addressed in the UAPA, such as delineating the role of a presiding officer, providing a standard of agency review, designating proceedings as formal or informal, and providing specific procedures for involved formal adjudications. Without the rule, it would be difficult or impossible to conduct UST Act adjudications adequately. 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
Environmental Response and Remediation
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at [e-mail]

Authorized by:

Brad T Johnson, Director