No. 27288 (Amendment): R315-317-2. Variances

DAR File No.: 27288
Filed: 07/13/2004, 09:41
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to clarify the process by which a person may request a variance under Section 19-6-111, and to establish, by rule, the information a person requesting a variance is to provide to the Board and the Executive Secretary.

 

Summary of the rule or change:

The changes direct any person applying for a variance to submit the application to the Executive Secretary. The rule explains the kinds of information the applicant is to provide in support of the application, including such matters as the hardship imposed by the requirement from which the variance is sought and information demonstrating that human health and the environment will be adequately protected if the variance application is approved.

 

State statutory or constitutional authorization for this rule:

Sections 19-6-105, 19-6-108, 19-6-109, 19-6-111, and 19-6-112

 

Anticipated cost or savings to:

the state budget:

To the extent that a state agency might seek a variance to an applicable rule, the agency may incur the same costs as identified under Other Persons below.

 

local governments:

To the extent that a local government entity might seek a variance to an applicable rule, the agency may incur the same costs as identified under Other Persons below.

 

other persons:

There could be a slight increase in cost to persons seeking a variance request with this rule change. The costs would be associated with gathering and submitting the required information. Costs would be dependent upon the time and effort to gather and compile the information and may range anywhere from $0 to $500/hour.

 

Compliance costs for affected persons:

There could be a slight increase in cost to persons seeking a variance request with this rule change. The costs would be associated with gathering and submitting the required information. Costs would be dependent upon the time and effort to gather and compile the information and may range anywhere from $0 to $500/hour.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There could be a slight increase in cost to persons seeking a variance request with this rule change. The costs would be associated with gathering and submitting the required information. Costs would be dependent upon the time and effort to gather and compile the information. Dianne R. Nielson, PhD.

 

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:

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]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2004

 

This rule may become effective on:

09/15/2004

 

Authorized by:

Dennis Downs, Director

 

 

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-317. Other Processes, Variances, and Violations.

R315-317-2. Variances.

(1) Variances will be granted by the Board only to the extent allowed under State and Federal law.

(2) [Any owner or operator of a solid waste facility may apply to the Board for a variance from any portion of Rules R315-301 through 320 except as specified in Subsection R315-317-2(1). The application shall be accompanied by such information as the Executive Secretary may require. All applications for a variance shall be subject to the public comment requirements of Subsection R315-311-3. The Board may grant such variance, if it finds that:]The Board may consider a variance application in accordance with the standard established in section 19-6-111.[

(a) the solid waste handling practices or location do not endanger public health, safety, or the environment; and

(b) the application of, or compliance with, any requirement of Rules R315-301 through 320 would cause undue or unreasonable hardship to any person; and

(c) circumstances of the solid waste disposal site location, operating procedures, or other conditions indicate that the purpose and intent of Rules R315-301 through 320 as well as other state and federal regulations can be achieved without strict adherence to all of the requirements.]

(3) [If a variance is granted by the Board under Section R315-317-2 for a period longer than one year, the variance shall contain a timetable for coming into compliance and shall be conditioned on adherence to that timetable.]The Board may, at its own instance, review any variance granted during the term for which a variance was granted.

(4) A person applying for a variance shall submit the application, in writing, to the Executive Secretary. The application shall provide the following:

(a) Citation of the statutory, regulatory, or permit requirement from which the variance is sought;

(b) For variances for which the Board promulgates or has promulgated specific rules, information meeting the requirements of those rules;

(c) Information demonstrating that application of or compliance with the requirement would cause undue or unreasonable hardship on the person applying for the variance;

(d) Proposed alternative requirements, if any;

(e) Information demonstrating that the variance will achieve the purpose and intent of the statutory, regulatory, or permit provision from which the variance is sought;

(f) Information demonstrating that any alternative requirement will adequately protect human health and the environment; and

(g) If no alternative requirement is proposed, information demonstrating that if the variance is granted, human health and the environment will be adequately protected.

(5) A person applying for a variance shall provide such additional information as the Board or the Executive Secretary requires.

(6) Nothing in subsections R315-317-2(4) or (5) limits the authority of the Board to grant variances in accordance with the standard established in section 19-6-111.

 

KEY: solid waste management, waste disposal

[October 15, 1999]2004

Notice of Continuation March 14, 2003

19-6-105

19-6-108

19-6-109

19-6-111

19-6-112