No. 30994: R315-309. Financial Assurance

DAR File No.: 30994
Filed: 02/14/2008, 11:57
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 R315-309 are part of the basis of this program. Subsection 19-6-108(9)(c) states that no nonhazardous solid waste disposal facility plan of operation can be approved without financial assurance. Rule R315-309 is the rule that describes how a facility can demonstrate financial assurance.

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

Proposed changes in the rule were published in September 2003 and December 2006. No 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 R315-309 contains the requirements for financial assurance. Financial assurance is a required part of a solid waste program that is to maintain EPA approval and also meets the requirement for financial assurance found in Subsection 19-6-108(9)(c). 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