No. 29211 (Amendment): R315-311. Permit Approval For Solid Waste Disposal, Waste Tire Storage, Energy Recovery, And Incinerator Facilities

DAR File No.: 29211
Filed: 11/09/2006, 03:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is changed to clarify when an application for a permit renewal must be submitted and to extend the time period for which the permit is granted. The timing for submittal of financial assurance information is set.

Summary of the rule or change:

The rule is changed to clarify that both the owner and the operator of a solid waste facility may be required to submit an application for a permit renewal but only if the facility is intended to continue operations after the current permit expires. Also, the permit life is extended to ten years with review of the financial assurance every five years.

State statutory or constitutional authorization for this rule:

Sections 19-6-104, 19-6-105, and 19-6-108

Anticipated cost or savings to:

the state budget:

The change in permit life from five to ten years will reduce the time staff spends on permit reviews but this extra time will be used to address other parts of the solid waste program therefore no net savings will occur.

local governments:

The maximum period for which permits can be granted is extended which will reduce the permit renewal costs for local governments that operate solid waste facilities. The cost savings experienced by a facility operator will depend on the complexity of the permit application and therefore, cannot be estimated but should be reduced by half over a ten-year period.

other persons:

The maximum period for which permits can be granted is extended which will reduce the permit renewal costs for operators of solid waste facilities. The cost savings experienced by a facility operator will depend on the complexity of the permit application and therefore, cannot be estimated but should be reduced by half over a ten-year period.

Compliance costs for affected persons:

Costs savings of an unknown amount will be experienced by owners and operators of permitted solid waste facilities. Over a ten-year period the permit application cost should be reduced by half.

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

Costs over a ten-year period should be reduced by half as facility owners and operators will have to complete one permit renewal application rather than two. Dianne R. Nielson, Executive Director

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:

Ralph Bohn at the above address, by phone at 801-538-6794, 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:

01/02/2007

This rule may become effective on:

01/31/2007

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-311. Permit Approval For Solid Waste Disposal, Waste Tire Storage, Energy Recovery, And Incinerator Facilities.

R315-311-1. General Requirements.

(1) Upon submittal of the complete [plan of operation and supporting ]information required by Rule R315-310, as determined by the Executive Secretary, a draft permit or permit denial will be prepared and the owner or operator of the [proposed]new or existing facility will be notified in writing by the Executive Secretary.

(a) After meeting the requirements of the public comment period and public hearing as stipulated in Section R315-311-3, the owner or operator may be issued a permit which will include appropriate conditions and limitations on operation and types of waste to be accepted at the facility.

(b) Construction shall not begin prior to the receipt of the permit.

(c) An application that has been initiated by an owner or operator but [left inactive by the applicant]for which the Executive Secretary has not received a response to questions about the application for more than one year shall be canceled.

(2) Solid waste disposal facility plan approval and permit issuance will depend upon:

(a) the adequacy of the facility in meeting the location standards in Section R315-302-1;

(b) the hydrology and geology of the area; and

(c) the adequacy of the plan of operation, facility design, and monitoring programs in meeting the requirements of the applicable rules.

(3) A permit can be granted for up to [five]ten years by the Executive Secretary, except as allowed in Subsection R315-311-1(5).

(4) [Each]The owner or operator, or both, when the owner and the operator are not the same person, of each solid waste facility [must]shall:

(a) apply for a permit renewal, as required by Section R315-310-[9]10, 180 days [before]prior to the expiration date of the current permit if the permit holder intends to continue operations after the current permit expires; and

(b) for facilities for which financial assurance is required by R315-309-1, submit, for review and approval by the Executive Secretary on a schedule of no less than every five years, a complete update of the financial assurance required in Rule R315-309 which shall contain:

(i) a calculation of the current costs of closure as required by Subsection R315-309-2(3); and

(ii) a calculation that is not based on a closure cost which has been obtained by applying an inflation factor to past cost estimates.

(5) A permit for a facility in post-closure care:

(i) may be issued for the life of the post-closure care period; and

(ii) the holder of the post-closure care permit shall comply with Subsection R315-311-1(3)(b).

 

R315-311-2. Permit Modification, Renewal, or Termination.

(1) A permit may be considered for modification, renewal, or termination at the request of any interested person, including the permittee, or upon the Executive Secretary's initiative as a result of new information or changes in statutes or rules. Requests for modification, reissuance, or termination shall be submitted in writing to the Executive Secretary and shall contain facts or reasons supporting the request. Requests for permit modification, renewal, or termination shall become effective only upon approval by the Executive Secretary.

(a) Minor modifications of a permit or plan of operation shall not be subject to the 30 day public comment period as required by Section R315-311-3. A permit modification shall be considered minor if:

(i) typographical errors are corrected;

(ii) the name, address, or phone number of persons or agencies identified in the permit are changed;

(iii) administrative or informational changes are made;

(iv) procedures for maintaining the operating record are changed or the location where the operating record is kept is changed;

(v) changes are made to provide for more frequent monitoring, reporting, sampling, or maintenance;

(vi) a compliance date extension request is made for a new date not to exceed 120 days after the date specified in the approved permit;

(vii) changes are made in the expiration date of the permit to allow an earlier permit termination;

(viii) changes are made in the closure schedule for a unit, in the final closure schedule for the facility, or the closure period is extended;

(ix) the Executive Secretary determines, in the case of a permit transfer application, that no change in the permit other than the change in the name of the owner or operator is necessary;

(x) equipment is upgraded or replaced with functionally equivalent components;

(xi) changes are made in sampling or analysis methods, procedures, or schedules;

(xii) changes are made in the construction or ground water monitoring quality control/quality assurance plans which will better certify that the specifications for construction, closure, sampling, or analysis will be met;

(xiii) changes are made in the facility plan of operation which conform to guidance or rules approved by the Board or provide more efficient waste handling or more effective waste screening;

(xiv) an existing monitoring well is replaced with a new well without changing the location;

(xv) changes are made in the design or depth of a monitoring well that provides more effective monitoring;[ or]

(xvi) changes are made in the statistical method used to statistically analyze the ground water quality data[.]; or

(xvii) [Other permit modifications shall be considered to be major modifications]Changes are made in any permit condition that are more restrictive or provide more protection to health or the environment.

[(xviii)](b) The Executive Secretary may subject any minor modification request to the 30[]-day public comment period if justified by conditions and circumstances.

(c) A permit modification that does not meet the requirements of Subsection R315-311-2(1)(a) for a minor modification shall be a major modification.

[(b)](d) If the Executive Secretary determines that major modifications to a permit or plan of operation are justified, a new operational plan incorporating the approved modifications shall be prepared. The modifications shall be subject to the public comment period as specified in Section R315-311-3.

(2) An application for permit renewal shall consist of the information required by Section R315-310-9. Upon receipt of the application, the Executive Secretary will review the application and will notify the applicant as to what information or change of operational practice is required of the applicant, if any, to receive a permit renewal. The current permit shall remain in effect until issuance or denial of a new permit. Each permit renewal shall be subject to the public comment requirements of Section R315-311-3.

(3) The Executive Secretary shall notify, in writing, the owner or operator of any facility of intent to terminate a permit. A permit may be terminated for:

(a) noncompliance with any condition of the permit;

(b) noncompliance with any applicable rule;

(c) failure in the application or during the approval or renewal process to disclose fully all relevant facts;

(d) misrepresentation by the owner or operator of any relevant facts at any time; or

(e) a determination that the solid waste activity or facility endangers human health or the environment.

(4) The owner or operator of a facility may appeal any action associated with modification, renewal, or termination in accordance with Section R315-317-3, Title 63 Chapter 46b, and Rule R315-12.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [July 15, 2000]2007

Notice of Continuation: March 14, 2003

Authorizing, and Implemented or Interpreted Law: 19-6-104; 19-6-105; 19-6-108