No. 30996: R315-310. Permit Requirements for Solid Waste Facilities

DAR File No.: 30996
Filed: 02/14/2008, 11:59
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 R315-310 are part of the basis of this program. Section 19-6-105 allows for rules to establish standards for storage, collection, transport, recovery, treatment, and disposal of solid waste and establish rules prohibiting disposal in places other than those approved. Rule R315-310 sets these standards. Section 19-6-108 requires approval of operations plans for disposal facilities. Rule R315-310 establishes part of the framework required to meet the requirements of the Act regarding landfilling standards.

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 to the rule were published in September 2003 and December 2006. One comment was received during the 2003 public notice period. The commenter interpreted the change to allow the owner, the operator, or both to apply for a permit.

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

Rule R315-310 contains the requirement for a permit to operate a nonhazardous facility. The permitting program is an integral part of the solid waste program and is required to maintain EPA program approval and to meet the requirements of Section 19-6-108. Therefore, this rule should be continued. The comment received interpreted the rule incorrectly. Subsection 19-6-103(3)(a) makes clear that an owner and an operator of a nonhazardous facility must receive approval from the Executive Secretary of the board. This was further clarified by the court case in 1998, Sierra Club v. Utah Solid and Hazardous Waste Control Board, where it was ruled that the operator of a solid waste facility has the same liability as the owner and must be listed on the solid waste permit.

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