No. 43207 (Amendment): Section R315-301-7. Self-Inspection of Solid Waste Management Facility

(Amendment)

DAR File No.: 43207
Filed: 09/14/2018 10:34:56 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A new section, R315-301-7, is being added to establish the requirements for conducting a self-inspection of a solid waste management facility. During the 2018 General Session, H.B. 373, Waste Management Amendments, was enacted and subsequently signed by the governor. H.B. 373 (2018) amended Section 19-6-109 of the Solid and Hazardous Waste Act to allow an owner or operator of a solid waste management facility the option of performing self-inspections of the owner or operator's facility. These proposed rule changes set the requirements associated with an owner or operator performing a self-inspection. These proposed rule changes also incorporate the use of electronic information resources, as envisioned by H.B. 373 (2018).

Summary of the rule or change:

On 09/13/2018, the Waste Management and Radiation Control Board authorized the proposed changes to Section R315-301-7 for formal rulemaking and public comment. The proposed new section, R315-301-7, implements the provisions of Section 19-6-109, as amended by H.B. 373 (2018). Three new definitions for "self-inspection", "training program", and "certificate" are added. An owner or operator who elects to perform self-inspections will be required to provide the director of the Division of Waste Management and Radiation Control (Division), by December 1, written notification of the intent to self-inspect during the following calendar year. The annual notification will need to identify the individual(s) who will be conducting the self-inspections. Those conducting self-inspections will need to complete the Division's training program and receive a completion certificate issued by the Division director prior to performing self-inspections. Self-inspections are to be conducted at least annually to determine compliance with permit, plan of operation, or applicable regulatory requirements. Documentation of each self-inspection is required using the inspection form prescribed by the Division director and submitted in an electronic format prescribed by the Division director within 30 days after completing a self-inspection. The proposed section allows the Division to inspect a facility conducting self-inspections. For a severe violation of a permit, plan of operation, or rule, the Division director may determine that an owner or operator is temporarily or permanently ineligible to perform self-inspections.

Statutory or constitutional authorization for this rule:

Section 19-6-109
Section 19-6-105
Section 19-6-108
Section 19-6-126

Anticipated cost or savings to:

the state budget:

H.B. 373 (2018) appropriated one-time funding to the Division to account for costs related to the development of an electronic inspection form and associated inspection data management system. The development of this new system will done by an outside contractor. A cost proposal of $19,200 has been submitted by a contractor. There may be some undetermined, longer-term savings due to the implementation of electronic information resources. Additionally, the fiscal note for H.B. 373 (2018) stated if all facilities choose to opt-in to self-inspection, this could result in ongoing costs to the agency up to $63,100 to review self-inspection reports and administer the certification and training program. Depending on the number of facilities that choose to perform self-inspections, this may result in a potential cost of $82,300 for FY2019 and a potential cost of $63,100 for subsequent years. Depending on the number of facilities that choose to self-inspect, this may also result in a potential annual savings range of $118,700.

local governments:

If a local government that owns and/or operates a solid waste management facility chooses to self-inspect, there may be undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs.

small businesses:

If any small businesses that own or operate a solid waste management facility choose to self-inspect, there may be undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs.

persons other than small businesses, businesses, or local governmental entities:

Those entities that own or operate a solid waste management facility and choose to self-inspect, may result in undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs.

Compliance costs for affected persons:

Severe violations may result in temporary or permanent ineligibility to conduct self-inspections as well as administrative penalties as amended by H.B. 373 (2018) (Section 19-6-109) and as provided by existing statute. Other compliance costs associated the management of the inspection data in an electronic format are undefined. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance.

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

Those entities that own or operate a solid waste management facility and choose to self-inspect, may incur undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs. Severe violations may result in temporary or permanent ineligibility to conduct self-inspections, as well as administrative penalties as amended by H.B. 373 (2018) (Section 19-6-109) and as provided by existing statute.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov
Thomas Ball at the above address, by phone at 801-536-0251, by FAX at , or by Internet E-mail at tball@utah.gov

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:

10/31/2018

This rule may become effective on:

11/09/2018

Authorized by:

Scott Anderson, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$82,300

$63,100

Local Government

$100

Small Businesses

$100

Non-Small Businesses

$100

Other Person

$100

Total Fiscal Costs:

$82,7 00

$63,5 00

Fiscal Benefits

State Government

$118,700

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

$118 , 7 00

Net Fiscal Benefits:

$36 ,000

$55 , 2 00

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

Appendix 2: Regulatory Impact to Non - Small Businesses

Conducting self-inspections is voluntary; therefore,the complete fiscal impact is unknown and inestimable. However, the fiscal note for H.B. 373 (2018) stated that the fiscal impact to an individual solid waste management facility that chooses to perform self-inspections is estimated to be $100 for training and compliance with the self-inspection requirements. Additionally, the electronic self-inspection reporting system will be Internet browser based which will be an inestimable savings compared to a non-browser based system which would otherwise require costs to acquire software to be installed and operated on individual facility computers.

The Executive Director of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

R315-301. Solid Waste Authority, Definitions, and General Requirements.

R315-301-7. Self-Inspection of Solid Waste Management Facility.

(1) Authority. This section is authorized by Section 19-6-109.

(2) Purpose. The purpose of this section is to set standards for the owner or operator of a solid waste management facility who elects to conduct self-inspections of the facility and to set qualification requirements for a person who performs self- inspections.

(3) Definitions. Terms used in this section are defined in Section 19-6-102 and Section R315-301-2.

(a) In addition, the following definitions apply:

(i) "Self-inspection" means an inspection conducted by an employee or authorized representative of the owner or operator of a solid waste management facility to determine compliance with the permit, plan of operation or applicable solid waste rules.

(ii) "Training Program" means the program conducted by the Director or an authorized representative to ensure that the owner or operator's self-inspections are sufficient to evaluate compliance with the owner or operator's permit, plan of operation or applicable rules.

(iii) "Certificate" means the document issued by the Director certifying that the owner or operator, or an authorized representative, has completed the required training and is eligible to conduct self- inspections under this section.

(4) Notification.

(a) An owner or operator of a solid waste management facility may elect to self-inspect the owner or operator's solid waste management facility. The owner or operator shall provide a written notification to the Director by December 1 of the intent to self-inspect during the next calendar year.

(b) The yearly notification of Subsection R315-301-7(4)(a) shall identify the individual(s) who will be conducting self-inspections under this section.

(5) Training.

(a) Prior to conducting self-inspections, each owner or operator, or an authorized representative, shall complete the training program prescribed by the Director.

(b) Upon completion of the training, the Director shall issue a certificate to each person who completes the training.

(c) No person shall conduct a solid waste management facility self-inspection under this section before receiving a certificate to conduct a self-inspection.

(6) Inspections.

(a) The owner or operator shall inspect the facility at least annually to determine compliance with all the conditions of the permit, plan of operation or applicable solid waste rules.

(b) The owner or operator shall document each inspection using the inspection form prescribed by the Director.

(c) The owner or operator shall submit the inspection form to the Director in an electronic format prescribed by the Director.

(d) The owner or operator shall submit the inspection form to the Director within 30 days after the date of inspection.

(e) The owner or operator shall include a copy of the completed inspection form in the facility operating record.

(f) The Division may inspect a facility conducting self-inspections to ensure compliance with this section.

(7) Suspension or Revocation of Self-Inspection Privileges.

(a) The Director may determine that, upon a severe violation by an owner or operator of Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, a rule made by the board, the permit or plan of operation, an owner or operator is temporarily or permanently ineligible to conduct self-inspections under this section.

KEY: solid waste management, solid waste disposal , self-inspections

Date of Enactment or Last Substantive Amendment: [~~August 31, 2017~~]2018

Notice of Continuation: January 12, 2018

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 19-6-109; 40 CFR 258