Utah Admin. Code R315-310-1 - Applicability

(1) Solid waste facilities subject to the requirements of Rules R315-301 through R315-322 require a permit as follows:

(a) The following solid waste facilities are subject to the requirements of Sections R315-310-2 through R315-310-12:

(i) New and existing Class I, II, III, I V, V, VI, VII, and coal combustion residual (CCR) Landfills and coal combustion residual surface impoundments;

(ii) Class I, II, III, I V, V, VI, and VII Landfills that have closed but have not met the requirements of Subsection R315-302-3(7);

(iii) incinerator facilities that are regulated by Rule R315-306;

(iv) landtreatment disposal facilities that are regulated by Rule R315-307;

(v) waste tire storage facilities; and

(vi) solid waste surface impoundments that are regulated by Rule R315-322.

(b) Solid waste facilities not listed in Subsection R315-310-1(1)(a) are subject to the permitting requirements of Sections R315-310-2, R315-310-3, R315-310-9, and R315-310-11.

(c) The following solid waste facilities are subject to Subsection R315-310-1(b) and the post-closure permit requirements of Section R315-310-10:

(i) compost facilities; and

(ii) waste piles, if post-closure monitoring is required under Subsection R315-314-2(f)(ii).

(2) Permits are not required for corrective actions at solid waste facilities performed by the state or in conjunction with the United States Environmental Protection Agency or in conjunction with actions to implement the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), or corrective actions taken by others to comply with a state or federal cleanup order.

(3) The requirements of Sections R315-310-2 through R315-310-12 apply to each existing and new solid waste facility as indicated.

(a) The director may incorporate a compliance schedule for each existing facility to ensure that the owner or operator, or both, of each existing facility meet the requirements of Rule R315-310.

(b) The owner or operator, or both, if the owner and operator are not the same person, of each new facility or expansion at an existing solid waste facility, for which a permit is required, shall:

(i) apply for a permit according to the requirements of Rule R315-310;

(ii) not begin the construction or the expansion of the solid waste facility until a permit has been granted; and

(iii) not accept waste at the solid waste facility before receiving the approval required by Subsection R315-301-5(1).

(4) A landfill may not change from its current class, or subclass, to any other class, or subclass, of landfill except by meeting each requirement for the desired class, or subclass, to include getting a new permit from the director for the desired class, or subclass, of landfill.

(5) Any facility that is in operation when a permit is required for the facility by Subsection R315-310-1(1) and has submitted a permit application within six months of the date the facility became subject to the permit requirements of Subsection R315-310-1(1) may continue to operate during the permit review period but shall meet the applicable requirements of Rules R315-301 through R315-322 unless an alternative requirement has been approved by the director.

Notes

Utah Admin. Code R315-310-1

Amended by Utah State Bulletin Number 2016-15, effective 7/15/2016 Amended by Utah State Bulletin Number 2024-12, effective 6/17/2024 Amended by Utah State Bulletin Number 2024-20, effective 10/15/2024