No. 30990: R315-301. Solid Waste Authority, Definitions, and General Requirements

DAR File No.: 30990
Filed: 02/14/2008, 11:54
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:

Subsection 19-6-104(1)(i) of the Solid and Hazardous Waste Act (Act) requires that the solid waste program provided for in the Act meet the qualifications for primacy under the federal rules. The requirements established in Rule R315-301 are part of the basis of this program. Section 19-6-105 allows for rules that establish standards for the storage, collection, transport, recovery, treatment, and disposal of solid waste and establishes provisions prohibiting disposal in places other than those approved. Section 19-6-108 requires approval of operation plans for disposal facilities. Rule R315-301 establishes part of the framework to meet the requirements of the Solid and Hazardous Waste Act.

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

A proposed change to the rule was published in September of 2003. One comment was received in relation to the proposed change and the comment was in support of the proposed change. Proposed changes in the rule were also published in December of 2006. No comments were received during the comment period. During the two comment periods on modifications to Rule R315-301, no adverse comments were received.

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

Rule R315-301 contains the definitions and the basic prohibitions against disposal of waste except in sites that are approved and contain the necessary design, engineering, and closure elements that will provide protection to public health and the environment. The rule is also the foundation of the permit program required by the Solid and Hazardous Waste Act. 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
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]

Authorized by:

Dennis Downs, Director