No. 33682 (5-year Review): Rule R315-102. Penalty Policy

DAR File No.: 33682
Filed: 05/27/2010 01:40:59 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 19-6-113(2) of the Utah Solid and Hazardous Waste Act provides that any person who violates any order, plan, rule, or other requirement issued or adopted under the Act is subject in a civil proceeding to a penalty. Subsection 19-6-104(1)(e) allows the Utah Solid and Hazardous Waste Control Board to settle or compromise administrative civil action initiated to compel compliance with the Act or rules adopted under the Act. This rule provides criteria to be used by the Executive Secretary of the Board for determining penalty amounts in settlement of enforcement actions.

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 written comments have been received.

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

The U.S. Environmental Protection Agency has required that the State have in place a policy for assessing penalties for violations of hazardous waste regulations. Sections 63G-3-201 and 63G-202 require that this policy be part of the State regulations. This rule provides criteria to be used by the Executive Secretary of the Board for determining penalty amounts in settlement of enforcement action. 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
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at [e-mail]

Authorized by:

Scott Anderson, Director

Effective:

05/27/2010

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