DSHW-2024-006320

Deq submit <[e-mail]>
Fwd: RN Industries Comments on DOGM and DWMRC draft E&P Rules
1 message
JaLynn Knudsen <[e-mail]>Tue, May 14, 2024 at 9:29 AM
To: Deq submit <[e-mail]>
DSHW
---------- Forwarded message ---------
From: Michael A. Zody <[e-mail]>
Date: Friday, May 10, 2024 at 4:39:24 PM UTC-6
Subject: RN Industries Comments on DOGM and DWMRC draft E&P Rules
To: [e-mail] <[e-mail]>, [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>, Andrew Haynes <[e-mail]>, Brian Speer
<[e-mail]>, JaLynn Knudsen <[e-mail]>, Brenden Catt <[e-mail]>
Dear DOGM and DWMRC,

On behalf of RN Industries (RNI), please accept the attached comments on the draft E&P rules issued by your respective
agencies. RNI appreciates the extensive stakeholder outreach efforts DOGM and DWMRC are undertaking on these
important rules.

RNI looks forward to continued participation in the stakeholder process and is available to answer questions you may
have on these comments.

Best regards,

Mike Zody
Legal Counsel for RNI
Michael A. Zody
Attorney at Law
Parsons Behle & Latimer
201 South Main Street, Suite 1800 • Salt Lake City, Utah 84111
Main +1 801.532.1234 • Direct +1 801.536.6818 • Fax [phone]
A Professional
Law Corporation
parsonsbehle.com • [e-mail] • vCard
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5/14/24, 2:13 PM State of Utah Mail - Fwd: RN Industries Comments on DOGM and DWMRC draft E&P Rules
https://mail.google.com/mail/b/AEoRXRT0kPvchVASKBJW1DylHuJ2snQJYj_i7SqrEd2eQcTcsVRj/u/0/?ik=adf9d5e615&view=pt&search=all&permthid…1/2
3 attachments
RNI’s General Comments on Draft DOGM and DWMRC E&P Rules 4878-1540-3453 v.pdf
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Draft OGM E&P Rules.pdf
228K
DWMRC Draft E&P Rules 4857-6800-9135 v.pdf
648K
5/14/24, 2:13 PM State of Utah Mail - Fwd: RN Industries Comments on DOGM and DWMRC draft E&P Rules
https://mail.google.com/mail/b/AEoRXRT0kPvchVASKBJW1DylHuJ2snQJYj_i7SqrEd2eQcTcsVRj/u/0/?ik=adf9d5e615&view=pt&search=all&permthid…2/2

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4879-3292-3055.v1
R649. Natural Resources; Oil, Gas and Mining; Oil and Gas.
R649-1. Oil and Gas Definitions.
R649-1-1. Definitions.
“E and P Products” means Exploration and Production Products, and is defined as
produced water, drilling fluids and other materials associated with the exploration, development
and production of crude oil and natural gas, which are recyclable.
“E and P Recycling Facility” means Exploration and Production Recycling Facility, and
is defined as any facility or site constructed or used for the primary purpose to recycle E and P
products making them available for reuse and not disposal.
“Large Capacity Storage Tank” means a tank that is designed to be disassembled and
reassembled for temporary set up and take down.
“Long Term Produced Water Recycling Pond Facility” means a facility that contains
ponds that are designed, maintained and operated for the reuse of produced water in oil and gas
operations, and not designed primarily for evaporation or disposal.
“Produced Water” means water that is:
(1) extracted below the earth's surface by means of an oil or gas producing well, or
separated from hydrocarbons after extraction; and
(2) required to be disposed of pursuant to board rules for waste management and
disposal made pursuant to Subsection 40-6-5(3) and in accordance with Title 63G, Chapter 3.
“Recycling” means to take action to recover E and P products from solid and hazardous
waste generated by oil and gas operations for the purposes of use or reuse, conversion into raw
materials, or use in the production of new products.
“Temporary Produced Water Recycling Tank Facility” means a facility that contains a
large capacity storage tank set on or near drill sites that is used for nearby well completion
activities, for a length of time not to exceed six months.
“Waste Crude Oil Treatment Facility” means any facility or site constructed or used for
the purpose of wholly or partially reclaiming, treating, processing, cleaning, purifying or in any
manner making non-merchantable waste crude oil marketable.

R649. Natural Resources; Oil, Gas and Mining; Oil and Gas.
R649-9. Exploration and Production Recycling Facilities.
R649-9-1. Introduction.
(1) Section 40-6-5 authorizes the board to regulate recycling of E and P products
including produced water. It is the intent of the board and division to regulate E and P recycling
facilities for the reuse of produced water and other E and P products in a manner that protects the
environment, limits liability to producers, promotes opportunities for reuse of produced water
and other recyclable E and P products and minimizes the volume of waste and use of freshwater.
(2) These rules specify the informational and procedural requirements for management
and permitting of E and P recycling facilities.
(3) For the purposes of these rules, E and P recycling facilities include the following
facilities:
(a) Long Term produced water recycling pond facilities;
(b) Temporary produced water recycling tank facilities. This rule does not apply to fully
enclosed one piece tanks moved as a complete unit, such as frac tanks, upright tanks, and other
one piece tanks;

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4879-3292-3055.v1
(c) Waste crude oil treatment facilities; and
(d) Other potential E and P product recycling facilities. It is the intent of this rule to
create a basic framework for division review and permitting of potential unforeseen E and P
product recycling opportunities.
(4) E and P recycling facilities may not be used for the disposal of produced water or
other E and P products.
(5) These rules are intended for E and P recycling facilities and do not apply to Class II
injection wells and pits associated with these wells.
(6) The Utah Licensed Professional Engineer who designs and certifies the E and P
recycling facility is ultimately liable for the stability and proper operation of the facility. The
division's primary role during permit review is to ensure that proper and accurate information is
obtained from the Professional Engineer.

R649-9-2. General E and P Recycling Facility Management.
(1) Each E and P recycling facility must be permitted and in good standing with the
division.
(a) Each approved E and P recycling facility shall be identified with a suitable sign
showing facility name, operator, location and emergency number.
(b) Each E and P recycling facility with known or suspected H2S danger shall be
equipped with wind socks, warning signs and other safety equipment determined necessary by
the division.
(c) The E and P recycling facility shall, unless determined unnecessary by the division,
be fenced and maintained to deter access by livestock and wildlife, and equipped with either
flagging, netting, floating or solid cover to deter entry by birds and waterfowl.
(2) Good housekeeping practices shall be used.
(a) Debris and trash shall be removed and properly disposed of.
(b) Equipment shall be maintained and kept in good condition. Equipment not in use
should be removed from the site.
(c) Operators shall catch leaks, drips, contain spills, and cleanup promptly.
(d) Each E and P recycling facility shall be operated in accordance with an approved
application and in a manner that does not cause safety or health hazards.
(3) All solid and hazardous waste generated by an E and P recycling facility shall be
disposed of by the operator at a waste facility in accordance with the requirements of Title 19,
Chapter 6, Solid and Hazardous Waste Act and the associated rules.
(4) Enhanced evaporation systems, such as sprinklers or similar devices, are strictly
prohibited.

R649-9-3. General Permit and Application Requirements for E and P Recycling Facilities.
(1) Applications for new E and P recycling facilities or modifications shall be submitted
to the division and shall include the following:
(a) A business plan describing the products and services provided, an outline of the
organization and management of the E and P recycling facility and evidence justifying the need
for the proposed facility or expansion of an existing facility;
(b) Names and addresses of each applicant, principal officer and owner in the E and P
recycling facility;
Commented [RNI1]: No environmental protection basis
for this prohibition on operators using their property.
Suggest this be stricken.

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4879-3292-3055.v1
(c) A contingency plan designed to minimize any hazards to fresh water, public health
and safety, or the environment in the event of an unplanned fire, explosion, or a release of
contaminants or E and P products to the air, soil, surface water or groundwater;
(d) A management plan describing all chemical processes, estimated volumes and
chemical profiles used in the treatment of E and P products for odor, bacteria control or other
treatment needs, and any products generated by these processes; and
(e) The method and schedule for disposal of precipitated solids and any other wastes
generated by the E and P recycling facility.
(2) Siting requirements for new E and P recycling facilities and modifications.
(a) The E and P recycling facility shall be located on level, stable ground, and an
acceptable distance away from any established or intermittent drainage.
(b) A pre-site inspection shall be conducted with the operator to assess site suitability,
along with accuracy and completeness of the permit application. The landowner, stakeholders
and other interested parties should be invited to attend.
(3) Geologic and hydrogeologic requirements.
(a) The E and P recycling facility shall not be located in a geologically or hydrologically
unsuitable area.
(b) The applicant shall provide geological and hydrological evidence showing that the
proposed E and P recycling facility will not adversely affect existing water quality or major uses
of such waters.
(c) Any discharge of produced water, other than for approved recycling use, is not
permitted, unless the relevant permit and authorization is obtained from the appropriate agency.
(4) Any produced water intake shall be designed, maintained and operated to adequately
process the anticipated maximum daily quantity of produced water.
(a) The produced water intake shall be designed with a leak detection system unless
determined unnecessary by the division.
(b) Applicants shall submit procedures for repair should leakage occur.
(5) Applicants shall submit the maximum daily quantity of produced water able to be
received.
(a) Applications for E and P recycling facilities that will primarily be for the reuse of
produced water shall also include a water analysis of anticipated source wells that includes the
concentrations of chlorides and sulfates, pH, total dissolved solids (TDS), and information
regarding any other significant constituents if requested by the division.
(6) The E and P recycling facility shall be designed and constructed so as to prevent run-
on and run-off of surface water, up to peak discharge from a 25 year, 24 hour storm.
(7) The E and P recycling facility shall be designed such that intake and discharge of E
and P products can only occur when an attendant is on duty, or other security measures are set in
place and approved by the division.
(8) Applicants should verify with the Division of Water Rights, Dam Safety Section,
whether a dam permit is required for their proposed E and P recycling facility. A copy of an
approved dam permit for the facility, or documentation exempting the facility from dam
regulations, issued by the designated regulating authority must be provided to the division prior
to application approval.
(a) Any construction requirements included in a dam permit will be incorporated into a
permit issued by the division for the proposed E and P recycling facility.
Commented [RNI2]: How would this be monitored and
enforced by DOGM?
Commented [RNI3]: How is “stable” defined? What is
“acceptable distance”?
Commented [RNI4]: What constitutes “unsuitable”?
Commented [RNI5]: Will throughput be limited by
DOGM based on operators supplied maximum daily
throughput? Will this criteria be part of inspection
monitoring by DOGM?

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4879-3292-3055.v1
(9) Applicants should verify with the Utah Division of Air Quality to determine if an air
quality permit is required.
(10) Applicants shall provide at least one background water sample from each surface
and subsurface water resource within one half mile of the E and P recycling facility.
(a) Background water sample analysis shall include TDS, pH and specific conductivity.

R649-9-4. Specific Permit, Application and Operation Requirements Applicable to Long
Term Produced Water Recycling Pond Facilities.
(1) Long term produced water recycling pond facilities shall be designed, constructed
and operated to meet the following specific requirements in addition to Section R649-9-3,
General Permit and Application Requirements for E and P Recycling Facilities.
(2) The applicant shall submit a topographic map and drawing of the site, on a suitable
scale, that identifies all geologic cross sections, side slopes, equipment, secondary containment,
test borings, roads, fences, gates, wells and springs, drainage patterns, pipelines, surface area to
be disturbed, buildings and chemical storage areas within one mile of the site perimeter and
location relative to other site facilities. The drawings shall be of professional quality.
(3) The long term produced water recycling pond facility shall be located a minimum of
one mile from residences or occupied buildings not associated with the facility unless a waiver
has been signed by the owners of the residences and buildings within one mile.
(4) Geologic and hydrological requirements for long term produced water recycling pond
facilities or modifications.
(a) The long term produced water recycling pond facility shall not be located in a
geologically or hydrologically unsuitable area, such as aquifer recharge areas, protection zones
for public drinking water sources, flood plains, drainage bottoms, and areas on or near faults,
within 1000 feet of a wetland, water-course or lakebed, permeable soil where groundwater is less
than 50 feet below the lowest elevation at which the operator will place E and P products, or
within the area overlying a subsurface mine.
(b) Regional and local geologic information shall include bedrock strike and dip, fracture
patterns, slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential,
and surface water features that may affect the design and operation of the facility.
(c) Test borings shall be taken in sufficient quantity and to an adequate depth, no less
than 50 feet, to define subsurface conditions to assure that the long term produced water
recycling pond facility will be constructed on a firm stable base.
(d) Representative analysis of long term produced water recycling pond facility surface
and subsurface soils submitted to the division shall include Electrical Conductivity,
Exchangeable Sodium Percentage, Sodium Adsorption Ratio, or other analysis determined
necessary by the division for establishing background soil concentrations.
(e) Geologic cross-sections submitted to the division shall include depth to shallow
ground water, formation names, and type and name of the shallowest fresh water aquifer beneath
the proposed site.
(f) If determined necessary by the division, applicants shall submit ground water analysis
of aquifers beneath the proposed site.
(g) If determined necessary by the division, monitoring wells shall be constructed in a
manner that will provide the ability to measure or observe the level, quality, quantity, or
movement of subsurface water.
Commented [RNI6]: In the event no shallow subsurface
water is encountered, is there a limit to how deep applicants
need to investigate to get a sample of groundwater?
Commented [RNI7]: This could present problems for
many operators.
Commented [RNI8]: Clarify if location restriction pertains
to when there is permeable soil and groundwater less than 50
ft or just when groundwater is less than 50 ft.

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4879-3292-3055.v1
(h) If determined necessary by the division, applicants shall submit potentiometric maps
of the shallowest aquifers.
(5) Long term produced water recycling pond facility applicants shall submit detailed
construction/installation diagrams of ponds, side slopes, liners, pond storage capacity, leak
detection systems, dikes or levees, wind fences, piping, water treatment systems, and tanks.
(a) The long term produced water recycling pond facility shall be designed, maintained
and operated to separate oil, or floating solids, from produced water prior to discharge into a
pond. The repeated occurrence of unreported oil or solids on the produced water recycling pond
surface will result in permit suspension or facility closure, or both.
(6) Long term produced water recycling pond facility applicants shall submit detailed
construction/installation diagrams of unloading facilities and an explanation of the method for
controlling and disposing of any liquid hydrocarbon accumulation on the ponds.
(7) Long term produced water recycling pond facilities shall be designed and maintained
to meet the following requirements:
(a) Pond size shall not exceed 55 acre-feet, unless otherwise approved by the division;
(b) Ponds shall be designed to prevent unauthorized surface or subsurface discharge of
water;
(c) Ponds shall be designed to include a 3-foot free-board at all times; and
(d) Pond levees shall be constructed so that the inside grade of the levee is no steeper
than 3:1 and the outside grade no steeper than 2:1;
(i) The top of the levee shall have a 2% cross slope toward the pond and be of sufficient
width to allow for adequate compaction; and
(ii) Vertical height of the levees shall not exceed 25 percent of the total vertical depth of
the pond.
(8) Each storage pond in the long term produced water recycling pond facility shall be
designed with two synthetic liners, an upper primary and lower secondary liner, with a leak
detection system between them. Synthetic liners shall be installed according to the
manufacturer's recommendations.
(a) The primary liner shall be impervious, with a hydraulic conductivity no greater than 1
x 10-7 cm/sec, and constructed with a minimum 60-mil HDPE or equivalent liner approved by
the division.
(b) The secondary liner shall be impervious and constructed with a minimum 40-mil
HDPE or equivalent liner approved by the division.
(c) The leak detection system between the liners shall be constructed with a HDPE
geonet or equivalent liner to provide separation between the primary and secondary liners and to
provide for flow of any leaked fluid through the primary liner to the leak detection observation
sump.
(d) If rigid materials are used, leak proof expansion joints shall be provided, or the
material shall be of sufficient thickness and strength to withstand expansion, contraction and
settling movements in the underlying earth, without cracking.
(e) Materials used in lining ponds shall be impervious and resistant to weather, tears and
punctures, sunlight, hydrocarbons, aqueous acids, alkalies, salt, fungi, or other substances that
might be contained in the produced water.
(f) Applicants shall submit the type, thickness, strength, and life span of the materials to
be used for lining the pond and the method of installation.
(g) Applicants shall submit procedures for repair of the liner, should leakage occur.
Commented [RNI9]: If using a netted skim pond should
allow a skim layer of oil for air emission reduction benefits.
This should be considered.
Commented [RNI10]: What happens when operator
reports it to DOGM?
Commented [RNI11]: Prior to discharge into a pond, if
using a netted skim pond, you should allow a skim layer of
oil for air emission reduction benefits. This should be
considered.

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4879-3292-3055.v1
(9) Long term produced water recycling pond facility applicants shall submit detailed
construction/installation diagrams for the leak detection system.
(a) The leak detection design shall include a drainage and collection system placed
between the upper and lower liners and sloped so as to facilitate the earliest possible detection of
a leak.
(b) The leak detection design shall include a vertical riser on the outside portion of the
dike allowing direct visual inspection of the sump from the surface.
(i) The sump shall be at least 18” in diameter and designed to extend a minimum of two
feet below the inlet line from the pond, allowing visual detection of any fluid and sampling of
fluid.
(ii) Designed with a removable top for the sump riser that will prevent entry of fluids.
(c) Designed with leak detection piping capable of withstanding chemical degradation
from E and P products, structural loading from stresses and disturbances from overlying E and P
products and cover materials, equipment operation, expansion and/or contraction, and facilitate
clean-out maintenance.
(10) Long term produced water recycling pond facilities shall be operated to separate oil
from produced water prior to discharge into a pond and prevent unauthorized surface discharge
of water.
(a) Hydrocarbon accumulation, other than de minimis quantities, on an produced water
recycling pond is considered a violation and shall be both reported to the division and removed
within 24 hours.
(b) Overspray caused by wind, including foam, outside lined areas are considered a
violation and shall be corrected immediately.
(c) Sampling and testing of soils suspected to be contaminated from overspray may be
required by the division.
(11) Engineering and design requirements for long term produced water recycling pond
facilities and modifications.
(a) The long term produced water recycling pond facility shall be designed and sealed by
a Utah Licensed Professional Engineer and inspected by a Utah Licensed Professional Engineer
as needed to ensure the facility is constructed in accordance with the approved plans .
(i) A construction certification shall be submitted, by the engineer, prior to the division
issuing an operation permit for the long term produced water recycling pond facility.
(b) The long term produced water recycling pond facility shall be designed appropriately
for the intended purpose.
(c) The long term produced water recycling pond facility shall be designed, constructed
and operated so as to contain liquids and solids in a manner that will protect freshwater, public
health and safety, and the environment for the life of the operation.
(i) The long term produced water recycling pond facility shall be designed with
secondary containment to capture 110% of the largest potential release in the event of a
catastrophic failure. Earthen berms shall be of adequate impermeability and compaction to
withstand a tank or pond failure.
(12) Minimum use requirements specific to long term produced water recycling pond
facilities:
(a) A long term produced water recycling pond facility shall be deemed to have ceased
recycling operations if less than 50% of the total storage capacity is used for recycling in a one
Commented [RNI12]: If using a netted skim pond should
allow a layer of oil for air emission reduction benefits. This
should be considered.
Commented [RNI13]: Reconsider this prohibition. Oil
cap can reduce air emissions. Also, what would be deemed
de minimis is unclear and would not give adequate guidance
for compliance. What amount is de minimis?

7
4879-3292-3055.v1
year period from January 1 to December 31. The operator shall report cessation of recycling
operations as a recycling facility to the division;
(b) After an operator has reported cessation of recycling operations, or been deemed to
have ceased recycling operations by the division, they will have eighteen months to close the
long term produced water recycling pond facility. Refer to Section R649-9-13 for facility
closure requirements;
(i) The division may make a determination as to whether an operator has ceased
recycling operations based upon review of reported volume intake and discharge records; and
(c) If the operator wants to continue to use the long term produced water recycling pond
facility for a purpose other than recycling they must obtain the proper permits for the new
purpose from the appropriate agency. Applications for new permits shall be submitted to the
appropriate agencies within ninety days of ceasing recycling operations. The division will not
release the bonding required by Section R649-9-9 until either the closure requirements of Section
R649-9-13 have been met, or a new permit has been approved by another agency with governing
authority over any remaining residuals. New permits shall be obtained prior to the end of the
eighteen month closure period or the facility shall be reclaimed. For E and P solid waste
disposal, including produced water, the facility will require a permit from the Utah Department
of Environmental Quality, Division of Waste Management and Radiation Control, or the agency
designated to regulate such facilities.

R649-9-5. Specific Permit, Application and Operation Requirements Applicable to
Temporary Produced Water Recycling Tank Facilities.
(1) Temporary produced water recycling tank facilities shall be designed, constructed
and operated to meet the following specific requirements in addition to Section R649-9-3,
General Permit and Application Requirements for E and P Recycling Facilities.
(2) Temporary produced water recycling tank facility applicants shall submit detailed
construction/installation diagrams of tanks, liners, tank storage capacity, secondary containment
berms, piping, pumps, and water treatment systems.
(a) Engineered plans of large capacity storage tank design and manufacturing shall be
submitted to the division certifying the adequacy of the tank for the intended purpose.
(3) Temporary produced water recycling tank facility applicants shall provide an
estimate of the length of time the facility will be in operation, which length of time is not to
exceed six months.
(4) Temporary produced water recycling tank facility applicants shall provide an
estimated volume and rate of fluid anticipated to move through the facility.
(5) Temporary produced water recycling tank facility applicants shall submit detailed
construction/installation diagrams of intake and discharge facilities.
(a) The unloading or intake facility shall be designed, maintained and operated to
adequately process the anticipated maximum daily quantity of produced water.
(b) The unloading or intake facility shall be designed with a leak detection system,
unless determined unnecessary by the division.
(i) Applicants shall submit procedures for repair should leakage occur.
(6) Temporary produced water recycling tank facilities shall be designed, maintained and
operated to meet the following requirements.
(a) The temporary produced water recycling tank facility shall be designed with lined
secondary containment to capture 110% of the largest potential release in the event of a

8
4879-3292-3055.v1
catastrophic failure. Lined earthen berms shall be of adequate impermeability and compaction to
withstand a tank failure.
(b) Large capacity storage tanks shall be placed on cut material, unless adequate
compaction of fill material can be demonstrated through engineering certification.
(c) Large capacity storage tanks shall be designed to prevent unauthorized surface or
subsurface discharge of water.
(d) Open top large capacity storage tanks shall be covered. Cover construction and
design must be approved by the division. Cover placement must be verifiable from a visible
ground level inspection. Pictures taken by a drone or other method may be acceptable upon
division approval.
(e) Large capacity storage tanks with netted, floating or other tops shall be designed and
operated to include a 2-foot free-board at all times
(f) Enhanced evaporation systems, such as sprinklers or similar devices, are strictly
prohibited.
(7) Large capacity storage tank liner requirements.
(a) Lined tanks containing produced water shall be designed with two impervious
synthetic liners, an upper primary and lower secondary liner. Synthetic liners shall be designed
specifically for the intended use and installed according to the manufacturer's instructions.
(b) If rigid materials are used, leak proof expansion joints shall be provided, or the
material shall be of sufficient thickness and strength to withstand expansion, contraction and
settling movements in the underlying earth, without cracking.
(c) Materials used in lining tanks shall be impervious and resistant to weather, tears and
punctures, sunlight, hydrocarbons, aqueous acids, alkalies, salt, fungi, or other substances that
might be contained in the produced water.
(d) Applicants shall submit the type, thickness, strength, and life span of the materials to
be used for lining the tank and the method of installation.
(e) In the event of a leak or damage to the liner, the operator will immediately empty the
tank and remove the tank until the liner can be inspected and if necessary repaired or replaced.
(8) Engineering and design requirements for temporary produced water recycling tank
facilities and modifications.
(a) Large capacity storage tanks shall be designed and sealed by a Utah Licensed
Professional Engineer.
(b) The facility shall be designed, constructed and operated in a manner that will protect
freshwater, public health and safety, and the environment for the life of the operation.

R649-9-6. Specific Permit, Application and Operation Requirements Applicable to Waste
Crude Oil Treatment Facilities.
(1) Waste crude oil treatment facilities shall be designed, constructed and operated to
meet the following specific requirements in addition to Section R649-9-3, General Permit and
Application Requirements for E and P Recycling Facilities.
(a) In order to promote regulatory consistency, the division will not approve permits for
waste crude oil treatment facilities that are located within, or work in conjunction with, a solid or
hazardous waste disposal facility that is not regulated by the division. If an operator wants to
permit a waste crude oil treatment facility for use with a waste disposal facility they will require
a permit from the Utah Department of Environmental Quality, Division of Waste Management
and Radiation control, or the agency designated to regulate such facilities.

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4879-3292-3055.v1
(2) Prior to the construction of a waste crude oil treatment facility, an application shall
be submitted to the division describing the ownership, location, type, and capacity of the facility
contemplated; the extent and location of the surface area to be disturbed, including any land
associated with the facility; and a reclamation plan for the site. Approval of the application must
be issued by the division before any ground clearing or construction shall occur.
(3) The applicant shall submit a topographic map and drawing of the site, on a suitable
scale, that identifies all geologic cross sections, side slopes, equipment, secondary containment,
test borings, roads, fences, gates, wells and springs, drainage patterns, pipelines, surface area to
be disturbed, buildings and chemical storage areas within one mile of the site perimeter and
location relative to other site facilities. The drawings shall be of professional quality.
(4) The waste crude oil treatment facility shall be located a minimum of one mile from
residences or occupied buildings not associated with the facility unless a waiver has been signed
by the owners of the residences and buildings within one mile.
(5) Geologic and hydrological requirements for waste crude oil treatment facilities.
(a) The facility shall not be located in a geologically or hydrologically unsuitable area,
such as aquifer recharge areas, protection zones for public drinking water sources, flood plains,
drainage bottoms, and areas on or near faults, within 1000 feet of a wetland, water-course or
lakebed, permeable soil where groundwater is less than 50 feet below the lowest elevation at
which the operator will place waste crude oil, or within the area overlying a subsurface mine.
(b) Regional and local geologic information shall include bedrock strike and dip, fracture
patterns, slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential,
and surface water features that may affect the design and operation of the facility.
(c) Representative analysis of waste crude oil treatment facility surface and subsurface
soils submitted to the division shall include Electrical Conductivity, Exchangeable Sodium
Percentage, Sodium Adsorption Ratio, or other analysis determined necessary by the division for
establishing background soil concentrations.
(d) Geologic cross-sections submitted to the division shall include depth to shallow
ground water, formation names, and type and name of the shallowest fresh water aquifer beneath
the proposed site.
(e) If determined necessary by the division, applicants shall submit ground water
analysis of the aquifers beneath the proposed site.
(f) If determined necessary by the division, monitoring wells shall be constructed in a
manner that will provide the ability to measure or observe the level, quality, quantity, or
movement of subsurface water.
(g) If determined necessary by the division, applicants shall submit potentiometric maps
of the shallowest aquifers.
(6) Waste crude oil treatment facility applicants shall submit detailed
construction/installation diagrams of tanks.
(a) The facility shall be designed, maintained and operated to separate waste crude oil.
(7) Waste crude oil treatment facility applicants shall submit detailed
construction/installation diagrams of unloading facilities.
(8) Engineering and design requirements for waste crude oil treatment facilities and
modifications.
(a) The facility shall be designed and sealed by a Utah Licensed Professional Engineer
and inspected by a Utah Licensed Professional Engineer as needed to ensure the facility is
constructed in accordance with the approved plans.

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(i) A construction certification shall be submitted, by the engineer, prior to the division
issuing an operation permit for the facility.
(b) The facility shall be designed appropriately for the intended purpose.
(c) The facility shall be designed, constructed and operated so as to contain liquids and
solids in a manner that will protect freshwater, public health and safety, and the environment for
the life of the operation.
(i) The facility shall be designed with secondary containment to capture 110% of the
largest potential release in the event of a catastrophic failure. Secondary containment shall be
bermed and lined to withstand a tank failure.
(9) The facility shall be kept free of any spills and waste materials.
(10) No waste crude oil treatment facility operator shall accept delivery of crude oil
obtained from any tank, reserve pit, disposal pond or pit, or similar facility unless the delivery is
accompanied by a run ticket, invoice, receipt or similar document showing the origin and
quantity of the crude oil.

R649-9-7. Specific Permit, Application and Operation Requirements Applicable to Other
Potential E and P Product Recycling Facility Requirements.
(1) Facilities used for recycling of other potential E and P products, which may include
drilling fluids, or muds, reconditioning, or other potential and unforeseen recycling processes,
shall be permitted, designed, constructed and operated to meet the following requirements in
addition to R649-9-3, General Permit and Application Requirements for E and P Recycling
Facilities.
(2) The applicants shall submit a complete description of the proposed facility which
includes the following:
(a) Processes involved including a complete list of all E and P products to be accepted,
and products generated;
(b) Description must explain how the facility processes constitute recycling of E and P
products rather than disposal;
(c) Description of solid and hazardous waste to be generated during operations and such
how waste will be properly disposed of during operations, and upon closure, in accordance with
the requirements of Title 19, Chapter 6, Solid and Hazardous Waste Act and the associated rules;
(i) If the division determines the proposed facility or process constitutes waste disposal
the application will be denied;
(d) Maps and drawings of suitable scale showing all facilities and equipment; and
(e) Any other information the division deems necessary for permit review.
(3) The facility shall be designed and sealed by a Utah Licensed Professional Engineer
and inspected by a Utah Licensed Professional Engineer as needed to ensure the facility is
constructed in accordance with the approved plans.
(a) A construction certification shall be submitted, by the engineer, prior to the division
issuing an operation permit for the facility.
(b) The facility shall be designed appropriately for the intended purpose.
(c) The facility shall be designed, constructed and operated so as to contain E and P
products in a manner that will protect freshwater, public health and safety, and the environment
for the life of the operation.

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(4) The facility shall be maintained and operated in a manner approved by the division
for recycling of the intended E and P product.

R649-9-8. Noticing of E and P Recycling Facilities.
(1) The applicant for a new E and P recycling facility, or major modification to an
existing facility, shall give written notice of the application, by certified mail, return receipt
requested, to surface and mineral owners of record within one-half mile of the facility, the
county commission of the county where the facility is located, and affected tribal and
government agencies.
(a) The notice shall include information describing the facility's location, basic plan of
operations, and the applicant's name and address.
(b) The applicant shall furnish the division proof of required notices.
(c) The division may extend the distance requirements for notice if the division
determines that the proposed E and P recycling facility has the potential to adversely impact
fresh water, public health, safety or the environment at a distance greater than one-half mile.
(2) Within 60 days of the submission of an application for a E and P recycling facility,
the division shall review the application as to its completeness and adequacy for the intended
purpose and shall require such changes that are found necessary to assure compliance with the
applicable rules. If the application is in order, the division shall provide for a public notice to be
published on the Utah Public Notice Website (www.utah.gov/pmn) and Utah Legal Notice
Website (www.utahlegals.com).
(3) Temporary produced water recycling tank facilities do not require public notice
unless determined necessary by the division.

R649-9-9. Bonding of E and P Recycling Facilities.
(1) E and P recycling facilities shall be bonded according to this rule in order to protect
the State and oil and gas producers from unnecessary liabilities and cleanup costs in the future.
The objectives are to provide the State with adequate security for site reclamation and post
closure cost should a facility owner default.
(a) All E and P recycling facilities shall be covered by an approved bond before being
permitted.
(2) Bonding for all E and P recycling facilities will be determined as follows:
(a) Permits for new E and P recycling facilities or modifications and facilities being
reviewed for 5-year permit renewals, shall submit site reclamation and post closure cost
estimates from a responsible third party contractor for division approval;
(i) Post closure cost estimates shall include the cost to remove and properly dispose of
E and P products, remove equipment, and reclaim site to meet division cleanup standards.
Estimates shall be based on storage tanks, including large capacity storage tanks, being filled to
capacity;
(ii) Post closure cost estimates for long term produced water recycling pond facilities
shall include the cost of pond reclamation plus an additional 25% to cover water removal. This
will require operators to submit two third party bond estimates. The division shall determine if
the bond amount is sufficient, and shall require an updated cost estimate by the operator
supplying two third party estimates every 5 years;
(b) For temporary produced water recycling tank facilities the applicant shall bond in
the amount of the division approved estimated site reclamation and post closure costs; and
Commented [RNI14]: Mechanism for transfer of bonds to
facilities moving to DWRMC needs to be provided to avoid
double bonding which is prohibitively expensive.

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(c) For all E and P recycling facilities, other than temporary produced water recycling
tank facilities, the applicant shall bond in the amount of the division approved estimated site
reclamation and post closure costs, or $100,000 per facility or $100,000 per pond, whichever is
greatest.
(3) Bonds accepted shall be of the same type as those described in Rule R649-12, which
includes surety, collateral, or a combination of the two.
(4) The total bond will be held by the division or financial institution until the facility
has been closed and inspected by the division in accordance with a division approved closure
plan.
(5) Forfeiture of the bond shall be handled in the same manner as done for wells as
described in Rule R649-12.

R649-9-10. Permit and Renewal Approval, Denial, Revocation, Suspension, Modification
or Transfer.
(1) Permit and renewal approval.
(a) Construction approvals issued by the division are valid for one year from the
approval date. An extension may be granted by the division.
(2) Long term produced water recycling pond facility permit and renewal.
(a) Operating approvals issued by the division for long term produced water recycling
pond facilities shall remain in effect for five years from the approval date.
(b) After division review, long term produced water recycling pond facility permits may
be renewed for successive 5-year terms.
(3) Temporary produced water recycling tank facility permit and renewal.
(a) Operating approvals issued by the division for temporary produced water recycling
tank facilities shall remain in effect for six months or less from the approval date.
(b) After division review, temporary produced water recycling tank facility permits may
be renewed for successive six month terms.
(4) Waste crude oil treatment facilities permit and renewal.
(a) Operating approvals issued by the division for waste crude oil treatment facilities
shall remain in effect for five years from the approval date.
(b) After division review, waste crude oil treatment facility permits may be renewed for
successive 5-year terms.
(5) Other potential E and P product recycling facilities permit and renewal.
(a) Operating approvals for other potential E and P product recycling facilities will be
issued for a length of time determined appropriate by the division, based on the description of the
facility, but shall remain in effect no longer than 5-years.
(b) After division review, other potential E and P product recycling facility permits may
be renewed for up to successive 5-year terms.
(6) Prior to renewal approval, the division shall review the operation, compliance
history, bonding and technical requirements for the E and P recycling facility.
(a) The division, after notice to the operator, may require modifications of the E and P
recycling facility permit, including modifications necessary to the facility permit terms and
conditions consistent with statutes, rules of judicial decisions.
(7) An application may be denied if:
(a) A complete application is not submitted;

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4879-3292-3055.v1
(b) The application does not meet all appropriate requirements of R649-9-3 through
R649-9-7;
(c) The proposed E and P recycling facility or modification may be detrimental to fresh
water, public health, safety or the environment;
(d) The applicant is unable to justify good cause for the proposed facility; or
(e) An applicant or owner in the facility has a history of failure to comply with division
rules and orders, state or federal environmental laws, or is in current violation of a division or
board order requiring corrective action.
(8) Revocation, suspension, or modification of a permit.
(a) The division may revoke, suspend, or impose additional operating conditions or
limitations on an E and P recycling facility permit at any time, for good cause, after notice to the
operator.
(b) The division may suspend an E and P recycling facility permit or impose additional
conditions or limitations in an emergency to forestall an imminent threat to freshwater, public
health, safety or the environment.
(c) Suspension of an E and P recycling facility permit may be for a fixed period of time
or until the operator remedies the violation or potential violation.
(d) If the division suspends an E and P recycling facility permit, the recycle facility shall
not accept E and P products for recycling during the suspension periodW.
(9) Transfer of a permit.
(a) The operator shall not transfer a permit without the division's prior written approval.
(b) A request for transfer of a permit shall identify officers, directors and owners of the
transferee.
(c) Unless the director orders otherwise, public notice or hearing are not required for the
transfer request's approval.
(d) If the division denies the transfer request, it shall notify the operator and the proposed
transferee of the denial by certified mail, return receipt requested, and either the operator or the
transferee may request, within 10 days of receipt of the notice, a public hearing before the board.
(e) Until the division approves the transfer and the required assurance is in place, the
division shall not release the transferor's financial assurance.

R649-9-11. General Construction and Inspection Requirements for E and P Recycling
Facilities.
(1) Division personnel shall be afforded a reasonable opportunity for inspection of any E
and P recycling facility during the construction and operation of the facility.
(2) The division shall be notified at least 72 hours prior to the installation of leak
detection systems or liners.
(3) The division shall be notified after completion of facility construction so that a final
inspection can be conducted to verify that the facility has been constructed in accordance with
the approved application.
(4) Failure to meet the requirements and standards for construction and operation of a E
and P recycling facility shall be considered as noncompliance and will result in the imposition of
corrective actions and compliance schedules or a cessation of operations order.

R649-9-12. Reporting and Recordkeeping Requirements for E and P Recycling Facilities.
Commented [RNI15]: What about pond’s content? It will
evaporate which is in essence disposal.
Commented [RNI16]: Need to have mechanism to allow
bond transfer and avoid requiring operators to have double
bonding, which is prohibitively expensive.

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4879-3292-3055.v1
(1) Unauthorized discharges or spills from E and P recycling facilities including water
observed in a leak detection system shall be reported, within 24 hours, to the division.
(2) Each operator of an E and P recycle facility shall keep records, which shall be
available for inspection by the division, for at least six years, showing at a minimum the
following:
(a) Date and time E and P product was received, origin, volume, type, transporter, and
generator of the E and P product; and
(b) Volume and type of E and P product recycled.
(3) Reporting and record keeping specific to long term produced water recycling pond
facilities.
(a) Each operator of a long term produced water recycling pond facility, shall report to
the division on a quarterly basis the following:
(i) The volume of produced water received during the quarter;
(ii) The volume of produced water reused in oil and gas operations;
(iii) The volume of produced water used for reinjection in Class II wells; and
(iv) Results of the weekly leak detection system inspections.
(b) Berms and outside walls shall be inspected quarterly and after a major rainfall or
windstorm. Berm erosion or loss of integrity shall be reported to the division and may require
immediate action.
(c) Accumulation of oil or other solids on the surface of a long term produced water
recycling pond shall be reported to the division within 24 hours.
(d) The occurrence of water in a leak detection system during operation constitutes liner
failure and requires immediate action.
(i) The division has the option of allowing the operator a short period of time to take
corrective action.
(ii) Further utilization will be allowed only after liner repairs and an inspection by the
division.

R649-9-13. Closure and Post Closure of E and P Recycling Facilities.
(1) A plan for final closure of an E and P recycling facility shall be submitted to the
division, for approval upon cessation of operations. The closure plan shall include the following:
(a) Provisions for removal of all equipment, buildings, fences and roads at the site;
(b) A plan to restore the impacted surface area to a safe and stable condition or to the
condition that existed prior to the construction of the E and P recycling facility;
(c) Removal of solid and hazardous waste to an appropriate nonhazardous solid waste
facility or a hazardous waste disposal facility as applicable, in accordance with the requirements
of Title 19, Chapter 6, Solid and Hazardous Waste Act and the associated rules;
(d) Removal of berms and disposal method for liners;
(e) Plans and procedures for sampling and testing soils and ground water at the site. The
operator shall notify the division at least 48 hours in advance to witness soil sampling;
(i) Soils shall meet division cleanup standards or background levels whichever is less
stringent;
(f) A post closure monitoring plan if required by the division; and
(g) Consideration of post closure land use and landowner requests when the closure plan
is developed.

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4879-3292-3055.v1
(2) During closure operations, the operator shall maintain the E and P recycling facility
to protect freshwater, public health, safety and the environment.
(3) County recorder documentation.
(a) If determined necessary by the division, the location of a closed E and P recycling
facility shall be documented with the county recorder's office.
(b) Location of closed temporary produced water recycling tank facilities will not require
county recorder documentation.
(4) The bond for the E and P recycling facility will be released when the division
approved closure plan requirements have been met, as determined by the division.

R649-9-14. Variances from Requirements and Standards.
(1) Requests for approval of a variance from any of the requirements or standards of
these rules shall be submitted to the director in writing and provide information as to the
circumstances that warrant approval of the requested variance and the proposed alternative
means by which the requirements or standards will be satisfied. The director shall review the
request within a reasonable time and notify the requesting party of the decision to approve or
deny the variance.

KEY: oil and gas law
Date of Enactment or Last Substantive Amendment:
Notice of Continuation:
Authorizing, and Implemented or Interpreted Law: 40-6-5(3)

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DRAFT
Exploration and Production
Waste Rules Review Package

March 15, 2024

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Contents
Introduction i
Comment Procedure i
Contents of this Package ii
Definitions 1
R315-321. Class VII Exploration and Production Waste Facility Requirements 2
R315-321-1. Applicability 2
R315-321-2. Exploration and Production Waste Facility Standards for Performance. 2
R315-321-3. Exploration and Production Waste Facility Location Standards 2
R315-321-4. Exploration and Production Waste Facility Requirements 3
R315-322. Solid Waste Surface Impoundment Requirements 6
R315-322-1. Applicability 6
R315-322-2. Solid Waste Surface Impoundment Location Standards 6
R315-322-3. Solid Waste Surface Impoundment General Requirements 7
R315-322-4. Solid Waste Surface Impoundment Standards for Performance. 7
R315-322-5. Standards for Design 7
R315-322-6. Standards for Operation. 11
R315-322-7. Closure and Post-Closure 11
Appendix – Rules Referenced in R315-321 and R315-322 13
Revision 0.1, April 29, 2024
p. 1 R315-301-2(22) definition of existing facility added.
p. 6 R315-321-4(8) provision for temporary permits for Class VII landfills added.
p. 7 R315-322-3(2)(a) provision for temporary permits for Class VII solid waste surface
impoundments added.

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Introduction
Historically, the Division of Oil, Gas, and Mining (DOGM) an agency of the Utah
Department of Natural Resources, provided regulatory oversight of wastes generated from the
exploration and production (E&P) of crude oil and natural gas throughout Utah. With DOGM’s
oversight, these wastes were formerly excluded from the Solid and Hazardous Waste Act, which
is administered by the Division of Waste Management and Radiation Control (DWMRC), an
agency of the Utah Department of Environmental Quality. However, in 2019, the Utah
Legislature made important changes to the Solid and Hazardous Waste Act in response to a U.S.
Environmental Protection Agency (EPA) requirement for Utah’s solid waste program in the
DWMRC to have primary responsibility for regulatory oversight of E&P wastes under the state’s
Resource Conservation Recovery Act (RCRA) primacy program.
This regulatory shift requires DOGM and DWMRC to coordinate efforts on the primary
objectives which include modifications of existing rules and drafting new rules to clarify and
define each agency’s jurisdiction, and ensure that federal and state program requirements to
protect human health and the environment are met. This review package was prepared to provide
stakeholders an opportunity to participate in an informal comment process on the draft rules.
Comments received during the informal process will be considered by DWMRC, and appropriate
changes may be made before the proposed rules are presented to the Waste Management and
Radiation Control Board for its formal review and public comment procedure.
Comment Procedure
Comments may be submitted using one of the methods below until the end of the day on
May 3, 2024 as follows:
Electronically
[e-mail]

US Mail
PO BOX 144880
Salt Lake City, UT 84114-4880

Contents of this Package
The Solid Waste Permitting and Management Rules are found in the 300-series of Title
R315 of the Utah Administrative Code, currently comprising Utah Admin. Code R315-301
through R315-320.
This package includes proposed modifications to existing rules and drafts of new rules.
Proposed definitions and modifications to existing definitions are presented first. These
modifications are followed by proposed new rules, including Utah Admin. Code R315-321,
Class VII Exploration and Production Waste Facility Requirements, and Utah Admin. Code
R315-322, Solid Waste Surface Impoundment Requirements.

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Finally, this package includes an appendix, which lists the text of each citation referenced
in the proposed rules for a greater understanding of the requirements.
For ease of reading through Utah Admin. Code R315-321 and R315-322 in this
document, citations to other rules are followed by a reference number in subscript font (see
image below). To view the referenced rule, click the subscript font to be taken to the full text in
the appendix of this package.

Please note that all definitions and all Solid Waste Permitting and Management Rules are
not included in this package. The additional generally applied solid waste rules, and those
specific to other solid waste management facilities, are available at adminrules.utah.gov.

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Definitions
§ 19-6-102. Definitions
(19)(a) “Solid waste” means garbage, refuse, sludge, including sludge from a waste
treatment plant, water supply treatment plant, or air pollution control facility, or other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining, or agricultural operations and from community activities.
(b) “Solid waste” does not include solid or dissolved materials in domestic sewage or
in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5,
Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
(c) “Solid waste” does not include metal that is:
(i) purchased as a valuable commercial commodity; and
(ii) not otherwise hazardous waste or subject to conditions of the federal hazardous
waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6.
(d) “Solid waste” does not include post-use polymers or recovered feedstock, as those
terms are defined in Section 19-6-502, converted or held at an advanced recycling facility.
R315-301-2. Definitions.
(13) “Class VII Facility” means a nonhazardous solid waste management facility that
is permitted by the director for the treatment or disposal of exploration and production waste.
(22) “Existing facility” means any facility that has a current valid solid waste permit or
other valid approval issued under Rules R315-301 through R315-322 by the director and
received final approval to accept waste as required by Subsection 315-301-5(1); or
(a) had an active valid permit or other valid approval from the Division of Oil, Gas,
and Mining on [DATE] for an oil and gas exploration and production waste management facility.
(25) “Exploration and Production Waste” or “E&P Waste” means solid wastes that are
intrinsically derived from primary field operations associated with the exploration, development,
or production of crude oil or natural gas, but only to the extent the waste is exempt from
hazardous waste regulation according to Subsection R315-261-4(b)(5).
(27) “Free liquids” means liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure or as determined by Test Method 9095B, Paint
Filter Liquids Test, as provided in EPA Publication SW-846, “Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods” available at the US EPA Hazardous Waste Test
Methods/SW-846 website.

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(31) “High Liquid Waste” means nonhazardous solid waste that is liquid in its natural
state, contains free liquids, or is expected to liquefy or vaporize under the circumstances that it is
managed or disposed.
(49) “Non-commercial solid waste management facility” means a facility that is not a
“commercial nonhazardous solid waste treatment, storage, or disposal facility” as defined by
Subsection 19-6-102(3).
(71) “Solid waste surface impoundment” means a solid waste management facility or
any part of such a facility that is a natural topographic depression, human-made excavation, or a
diked area that is designed to hold nonhazardous high liquid waste, leachate, or sludge, to
dispose of, reduce the volume of, or otherwise separate or treat the waste. A solid waste surface
impoundment does not include a surface impoundment that is:
(a) operated in connection with a permitted underground injection well;
(b) regulated under the authority of the Board of Oil, Gas, and Mining;
(c) used to manage storm water or is otherwise regulated under the authority of the
Water Quality Board;
(d) regulated under Section R315-319-53; or
(e) a hazardous waste surface impoundment regulated under Rules R315-264 or
R315-265.
R315-260-10. Definitions.
(c)(172) “Very small quantity generator” is a generator who generates less than or equal
to the following amounts in a calendar month:
(i) one hundred kilograms, 220 lbs, of non-acute hazardous waste;
(ii) one kilogram, 2.2 lbs, of acute hazardous waste listed in Section R315-261-31 or
Subsection R315-261-33I; and
(iii) one hundred kilograms, 220 lbs, of any residue or contaminated soil, water, or
other debris resulting from the cleanup of a spill, into or on any land or water, of any acute
hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e).
R315. Environmental Quality, Waste Management and Radiation Control, Waste
Management.
R315-321. Class VII Exploration and Production Waste Facility Requirements.
R315-321-1. Applicability.
The requirements of Rule R315-321 apply to each Class VII Facility as specified,
excluding Class VII solid waste surface impoundment units. Each unit in a Class VII Facility that
Commented [RNI1]: Will landfarms be allowed to convert
to landfills and operate without liners? If so, based on what
analytics and performance monitoring? Any limits on depth
of such facilities? Will bonding be same for all companies
and based on what criteria? Is soil testing required of
material in landfarm and/or soil cap to release bonding?
Commented [RNI2]: Will existing DWMRC permitted
facilities need new permits, or only at renewal?

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qualifies as a solid waste surface impoundment shall meet the applicable standards specified in
Rule R315-322.
R315-321-2. Exploration and Production Waste Facility Standards for Performance.
Each Class VII Facility shall meet the standards for performance as specified in Section
R315- 303-214.
R315-321-3. Exploration and Production Waste Facility Location Standards.
(1) A new Class VII Facility or the lateral expansion of an existing Class VII Facility
shall be subject to the following location standards:
(a) the ecologically and scientifically significant natural area standards of Subsection
R315-302-1(2)(a)(ii)3; and
(b) the standards found in Subsections R315-302-1(2)(c)4 through R315-302-
1(2)(f)4.
(2) An existing Class VII Facility shall be subject to the following location standards:
(a) the ecologically and scientifically significant natural area standards of Subsection
R315-302-1(2)(a)(ii)3;
(b) the floodplain standards of Subsection R315-302-1(2)(c)(ii)5; and
(c) all standards listed in Subsection R315-321-3(1) in effect at an existing facility for
the purpose of protecting municipal drinking water, wetlands, and groundwater, prior to applying
for a permit, shall be maintained for the life of the facility unless otherwise determined by the
director.
(3) Location Standards Exemptions.
(a) Except for the standards listed in Subsection R315-321-3(3)(b), the director may
grant an exemption from any location standard of Subsection R315-302-1(2)2 for a Class VII
Facility, on a site-specific basis if the director determines that the exemption will cause no
adverse impacts to human health or the environment. If an exemption is granted, the director
may require that the facility have more stringent design, construction, monitoring program, or
operational practice to protect human health or the environment.
(b) No exemptions may be given for the following location standards at a Class VII
Facility:
(i) ecologically and scientifically significant natural area standards of Subsection
R315- 302-1(2)(a)(ii)3;
(ii) floodplain standards, unless the exemption meets the criteria of Subsection R315-
302- 1(2)(c)(ii)5;
Commented [RNI3]: Can waste be removed from Class
VII landfill and if so what are clean up standards? Is oil
cleaning facility under 321 or 322?

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(iii) the location standards for wetlands for a new facility or lateral expansion of an
existing facility, unless the exemption meets the criteria of Subsection R315-302-1(2)(d)6; or
(iv) the location standards for groundwater for a new facility or lateral expansion of an
existing facility that accepts very small quantity generator hazardous waste as defined in
Subsection R315-260-10(c)(172)1, unless the exemption meets the criteria of Subsection R315-
302-1(2)(e)(vi)7.
R315-321-4. Exploration and Production Waste Facility Requirements.
(1) Each Class VII Facility shall meet the following applicable requirements, as
determined by the director:
(a) the plan of operation requirements of Subsection R315-302-2(2)8, except plans to
control wind-blown litter and disease vectors as found in Subsections R315-302-2(2)(h) and
R315-302-2(2)(k) are not required;
(b) the recordkeeping requirements of Subsections R315-302-2(3)(a)10, R315-302-
2(3)(b)(i)10, R315-302-2(3)(b)(iii)10, R315-302-2(3)(b)(iv)10, and R315-302-2(3)(b)(vi)10;
(c) the reporting requirements of Subsection R315-302-2(4)11; and
(d) the inspection requirements of Subsection R315-302-2(5)12.
(2) Each Class VII Facility shall meet the applicable general requirements for closure
and post-closure care of Subsections R315-302-2(6)13 and R315-302-313, as determined by the
director.
(a) If a Class VII Facility is already subject to the closure and post-closure
requirements of another Federal or state agency which are as stringent as specified in
Subsections R315-321- 4(2), the facility may be exempt, upon approval of the director, from the
closure requirements of Subsections R315-321-4(2).
(3) Standards for Design.
(a) The owner or operator of a Class VII Facility shall design the facility to control
storm water run-on/run-off as specified in Subsections R315-303-3(1)(c)15 and R315-303-
3(1)(d)15.
(b) Any container or tank storage area used to manage waste containing free liquids
shall have secondary containment that:
(i) is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and
accumulated precipitation until the collected material is detected and removed;
(ii) is sloped or otherwise designed and operated to drain and remove liquids resulting
from leaks, spills, or precipitation;
Commented [RNI4]: Clarity on when liners are or are not
required is needed. What wastes are allowed in landfills
with liners as opposed to those without liners?

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(iii) has sufficient capacity to contain 10% of the volume of containers or the volume
of the largest container, whichever is greater. Containers that do not contain free liquids need not
be considered in this determination;
(iv) is designed and operated to prevent run-on into the containment system unless the
system has sufficient excess capacity in addition to that required in Subsection R315-322-
4(3)(b)(iii) to contain any run-on which might enter the system; and
(v) is operated to remove spilled or leaked waste and accumulated precipitation from
the sump or collection area in as timely a manner as is necessary to prevent overflow of the
collection system.
(c) The owner or operator of a Class VII Facility shall comply with the requirements
relating to the management of high liquid wastes set forth in Subsection R315-303-3(1.1)16.
(d) The owner or operator of a Class VII Facility shall meet the closure requirements
of Subsection R315-303-3(4)19.
(e) The owner or operator of a Class VII Facility shall design the facility to meet the
requirements of Subsection R315-303-3(7)22 as determined by the director.
(i) In addition to the signage requirements of Subsection R315-303-3(7)(d)22, the
owner or operator of a Class VII Facility shall erect a sign displaying facility operator, and for
those located in Duchesne County or Uintah County, the location using the Public Land Survey
System.
(4) Groundwater Monitoring.
(a) The owner or operator of a Class VII Facility that receives very small quantity
generator waste as defined in Subsection R315-260-10(c)(172)1 shall prevent contamination of
groundwater by either:
(i) monitoring the groundwater beneath the facility as found in Rule R315-30824; or
(ii) applying for and receiving approval for a groundwater alternative or waiver
according to Subsection R315-302-1(2)(e)(vi)7.
(5) Standards for Operation.
(a) Each Class VII Facility shall meet the maintenance and operation standards of
Section R315-303-423 except:
(i) daily cover requirements of Subsection R315-303-4(4) upon demonstration that
uncovered waste is not a threat to human health, the environment, wildlife, or other receptors;
and
(ii) recycling container requirements of Subsection R315-303-4(6).

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(b) Class VII Facilities may receive and manage the following types of wastes and
materials:
(i) exploration and production waste;
(ii) nonhazardous materials received in regular quantities used for the absorption of
free liquids and stabilization in connection with the disposal of E&P Waste, such as ash, saw
dust, gypsum, and nonhazardous petroleum contaminated soils;
(iii) nonhazardous solid waste generated incidental to oil and gas exploration and
production and related operations; and
(iv) very small quantity generator hazardous waste as defined in Subsection R315-
260- 10(c)(172)1 generated incidental to oil and gas exploration and production and related
operations.
(6) Financial Assurance.
(a) The owner or operator of each Class VII Facility shall establish financial
assurance as required by Section R315-30925.
(b) If the owner or operator of a Class VII Facility has financial assurance, in effect
and active, that covers the costs of closure and post-closure care of the facility as required by
another Federal or state agency which is as stringent as the requirements of Section R315-30925,
the facility may be exempt, upon approval of the director, from the financial assurance
requirements of Section R315-30925.
(7) Permit Requirements.
(a) The owner or operator of a Class VII Facility shall apply for and obtain a permit
to operate by meeting the applicable requirements of Rule R315-31026, and is subject to the
requirements of Rule R315-31128.
(8) Temporary Permits.
(a) The owner or operator of an existing E&P facility as defined in R315-301-
2(22)(a) may apply for a temporary permit from the director by submitting a complete
application and any other relevant information required by the director. The director may issue a
temporary permit for the purposes of facilitating the owner’s or operator’s good faith transition
from regulation under R649-9 to regulation under R315-321 or R315-322, provided that the
director determines that a temporary permit is protective of human health and the environment.
The temporary permit may contain any conditions the director determines are warranted under
the circumstances.
(b) Applications for temporary permits must be received by the director no less than
30 days before October 1, 2024.
Commented [RNI5]: Is “exemption” the right concept or
is it a simple transfer to DWMRC? Process needs to allow
transfer without forcing operators to have double bonding for
even an short period of time, which is prohibitively
expensive.

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(c) The owner or operator of an existing E&P facility applying for a temporary
permit under
R315-321-4(8) shall provide financial assurance in an amount determined appropriate by the
director. In calculating the appropriate financial assurance amount, the director may (but is not
required to) rely on bond calculations performed by the Division of Oil, Gas, and Mining.
(d) Except as otherwise required by the director, a temporary permit application for
an existing E&P facility shall be exempt from the applicable requirements of Rules R315-310
and R315-311.
(e) Temporary permits issued under R315-321-4(8) shall be subject to enforcement
by the director, pursuant to Sections 19-6-112 to 19-6-113, Section R315-317-3, and other
applicable procedures.
KEY: solid waste management, solid waste disposal
Date of Enactment or Last Substantive Amendment:
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 40 CFR 257

Commented [RNI6]: Allowing transition of bonding
without forcing a double bonding scenario is critical to
operators.

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R315. Environmental Quality, Waste Management and Radiation Control, Waste
Management.
R315-322. Solid Waste Surface Impoundment Requirements.
R315-322-1. Applicability.
(1) Unless otherwise determined by the director, the following standards set forth in
R315- 322 shall apply to any solid waste surface impoundment, whether operated in connection
with a solid waste management facility or on a stand-alone basis.
R315-322-2. Solid Waste Surface Impoundment Location Standards.
(1) A new solid waste surface impoundment or the expansion of an existing solid
waste surface impoundment shall meet the location standards of Subsection R315-302-1(2)2.
(2) An existing solid waste surface impoundment shall be subject to the following
location standards:
(a) the ecologically and scientifically significant natural area standards of Subsection
R315-302-1(2)(a)(ii)3;
(b) the floodplain standards of Subsection R315-302-1(2)(c)(ii)5; and
(c) all standards listed in Subsection R315-302-1(2)2 in effect at an existing facility
for the purpose of protecting municipal drinking water, wetlands, and groundwater, prior to
applying for a permit, shall be maintained for the life of the facility unless otherwise determined
by the director.
(3) Location Standards Exemptions.
(a) Except for the standards listed in Subsection R315-322-3(3)(b), the director may
grant an exemption from any location standard of Subsection R315-302-1(2)2 for a solid waste
surface impoundment, on a site-specific basis if the director determines that the exemption will
cause no adverse impacts to human health or the environment. If an exemption is granted, the
director may require that the solid waste surface impoundment have more stringent design,
construction, monitoring program, or operational practice to protect human health or the
environment.
(b) No exemptions may be given for the following location standards at a solid waste
surface impoundment:
(i) ecologically and scientifically significant natural area standards of Subsection
R315- 302-1(2)(a)(ii)3;
(ii) floodplain standards, unless the exemption meets the criteria of Subsection R315-
302- 1(2)(c)(ii)5;
Commented [RNI7]: General comment: operators need to
be treated equally and certain operators should not be
allowed to have less protective provisions than others. The
argument that clay in deposited materials provides a
sufficient barrier needs to be carefully examined by the
agency. A level competitive playing field needs to be
maintained and enforced. Has clarity been established on
any differences between EPA and Utah requirements?
Commented [RNI8]: Where do skim ponds fall, under 321
or 322? Will netting be required?

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(iii) the location standards for wetlands for a new or lateral expansion of an existing
facility, unless the exemption meets the criteria of Subsection R315-302-1(2)(d)6; or
(iv) the location standards for groundwater for a new or lateral expansion of an
existing solid waste surface impoundment that accepts very small quantity generator hazardous
waste as defined in Subsection R315-260-10(c)(172)1, unless the exemption meets the criteria of
Subsection R315-302-1(2)(e)(vi)7.
R315-322-3. Solid Waste Surface Impoundment General Requirements.
(1) Each new solid waste surface impoundment shall meet the following applicable
requirements, as determined by the director:
(a) the plan of operation requirements of Subsection R315-302-2(2)8, except plans to
control wind-blown litter and disease vectors as found in Subsections R315-302-2(2)(h) and
R315-302-2(2)(k) are not required;
(b) the recordkeeping requirements of Subsections R315-302-2(3)(a)10; and R315-
302- 2(3)(b)(i)10, R315-302-2(3)(b)(iii)10, R315-302-2(3)(b)(iv)10, and R315-302-
2(3)(b)(vi)10;
(c) the reporting requirements of Subsection R315-302-2(4)11; and
(d) the inspection requirements of Subsection R315-302-2(5)12.
(2) Permit Application.
(a) The director may issue a temporary permit for an existing Class VII solid waste
surface impoundment for the purposes of facilitating the owner’s or operator’s good faith
transition from regulation under R649-9 to regulation under R315-322 according to the
requirements of R315-321-4(8).
(b) The owner or operator of any solid waste surface impoundment shall apply for
and obtain a permit to operate by meeting the applicable requirements of Rule R315-31026.
(c) The permit application shall include detailed construction and installation
diagrams of the surface impoundment, including details of side slopes, liners, pond storage
capacity, leak detection systems, dikes or levees, wind fences, piping, enhanced evaporation
systems with justification, water treatment systems and tanks.
(d) Contingencies for releases shall be included in the plan required by Subsection
R315- 302-2(2)(f)9 and shall include procedures for repair of liners as specified in Subsection
R315-322- 5(11)(d).
(e) The owner or operator of a solid waste surface impoundment that does not accept
very small quantity generator waste as defined by Subsection R315-260-10(c)(172)1, shall
submit details of controls and employee training programs used to prevent the acceptance of very
small quantity generator waste.

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R315-322-4. Solid Waste Surface Impoundment Standards for Performance.
(1) Each solid waste surface impoundment shall meet the standards for performance
as specified in Section R315-303-214.
(2) The owner or operator of a Class VII solid waste surface impoundment shall plan
for and implement appropriate measures to protect waterfowl and other wildlife receptors which
may reasonably be expected to come into contact with exploration and production wastes
managed in Class VII solid waste surface impoundments.
(3) The solid waste surface impoundment shall be fenced and maintained to deter
access by livestock and wildlife and, if determined necessary by the director, equipped with
flagging or netting to deter entry by birds and waterfowl.
R315-322-5. Standards for Design.
Surface impoundments shall be designed, maintained, and operated to meet the following
requirements:
(1) Surface impoundments shall be designed for 55 acre-feet of water or less, unless
otherwise approved by the director.
(2) Surface impoundment levees shall be constructed so that the inside grade of the
levee is no steeper than 3:1 and the outside grade no steeper than 2:1.
(a) The top of the levee shall have a 2% cross slope toward the pond and be of
sufficient width to allow for adequate anchoring of liner components and compaction.
(b) Vertical height of the levees shall not exceed 25 percent of the total vertical depth
of the surface impoundment.
(3) Unloading structures.
(a) The owner or operator shall submit detailed construction and installation diagrams
of all unloading structures and an explanation of methods that control flow and prevent undesired
waste from entering the solid waste surface impoundment, including hydrocarbons.
(b) Unloading structures shall be designed, maintained, and operated to adequately
process the waste received each day.
(c) Unloading structures shall be designed with a leak detection system unless
determined unnecessary by the director.
(4) The design, construction, and operation of any dewatering or other stabilization or
treatment technique used in association with a solid waste surface impoundment shall comply
with the requirements in Subsection R315-303-3(1.1)(b)17.
Commented [RNI9]: What rules govern when a liner is or
is not required for landfills? 315-302-1(2)e?

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(5) Solid waste surface impoundments and associated enhanced evaporation systems
shall be designed to prevent surface or subsurface discharge of water, and detailed information
shall be submitted to demonstrate control features.
(6) Any container or tank storage area used to manage waste containing free liquids
shall have secondary containment that:
(a) is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and
accumulated precipitation until the collected material is detected and removed;
(b) is sloped or otherwise designed and operated to drain and remove liquids resulting
from leaks, spills, or precipitation;
(c) has sufficient capacity to contain 10% of the volume of containers or the volume
of the largest container, whichever is greater. Containers that do not contain free liquids need not
be considered in this determination;
(d) is designed and operated to prevent run-on into the containment system unless the
system has sufficient excess capacity in addition to that required in Subsection R315-322-5(6)(c)
to contain any run-on which might enter the system; and
(e) is operated to remove spilled or leaked waste and accumulated precipitation from
the sump or collection area in as timely a manner as is necessary to prevent overflow of the
collection system.
(7) The owner or operator of a solid waste surface impoundment shall design the
facility to control storm water run-on and run-off as specified in Subsections R315-303-3(1)(c)15
and R315-303-3(1)(d)15.
(8) The owner or operator of a solid waste surface impoundment shall design the
impoundment to meet the applicable requirements of Subsection R315-303-3(7)22, except that
the standards for groundwater protection are found in R315-322-5(10).
(a) In addition to the signage requirements of Subsection R315-303-3(7)(d)22, the
owner or operator of Class VII solid waste surface impoundment shall erect a sign displaying the
facility operator, and for those located in Duchesne County or Uintah County, the location using
the Public Land Survey System.
(9) The owner or operator of a solid waste surface impoundment shall provide design
drawings and as built drawings signed and sealed by a professional engineer according to R315-
303-3(6)21.
(10) Groundwater Protection.
(a) The owner or operator of a solid waste surface impoundment shall comply with
the groundwater standard for performance of Subsection R315-303-2(1)14, and shall be subject
to the corrective action requirements of Section R317-6-6.1529 as applicable.

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(b) The owner or operator of a new solid waste surface impoundment or lateral
expansion of an existing solid waste surface impoundment shall either:
(i) meet the groundwater alternative or waiver found in Subsection R315-302-
1(2)(e)(vi)7;
(ii) monitor the groundwater beneath the impoundment as specified in Rule R315-
30824; or
(iii) install and maintain leak detection equipment and conduct monitoring according
to Section R315-322-5(12).
(b) The owner or operator of an existing solid waste surface impoundment shall not
receive very small quantity generator waste unless the requirements of Subsection R315-322-
5(10)(a) are met and no groundwater assessment or corrective action measures are required
under Section R317-6-6.1529.
(c) The owner or operator of an existing solid waste surface impoundment that does
not receive very small quantity generator waste shall maintain existing groundwater monitoring
wells or leak detection equipment and associated monitoring programs for the life of the facility,
unless otherwise determined by the director.
(11) Synthetic Liners.
(a) Materials used in lining solid waste surface impoundments shall be impervious
and resistant to weather, tears and punctures, sunlight, and substances that might be contained in
the waste including hydrocarbons, aqueous acids, alkalies, salt, fungi, or other produced water.
(b) If rigid materials are used, leak proof expansion joints shall be provided, or the
material shall be of sufficient thickness and strength to withstand expansion, contraction and
settling movements in the underlying earth, without cracking.
(c) Information regarding the type, thickness, strength, and life span of materials to
be used for lining the pond and the method of installation shall be included in the quality control
and quality assurance plan required by Subsection R315-310-4(2)(c)(x)27.
(d) The owner or operator shall submit procedures for repair of the liner, should
leakage occur. Repair procedures shall be reviewed and signed by a professional engineer and
may include repair procedures prepared by the liner manufacturer. Repair procedures shall
include:
(i) methods used to remove liquids and solids as necessary from the surface
impoundment;
(ii) management of waste removed;
(iii) location of the leak;

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(iv) repair of the leak;
(v) testing of the repair; and
(vi) procedures for resuming operations.
(e) Solid waste surface impoundments following the groundwater monitoring
requirements of Subsection R315-322-5(10)(b)(ii) shall either meet the liner design requirements
of Subsection R315-303-3(3)18, or the dual liner design standards of Subsection R315-322-
5(11)(f)).
(f) Solid waste surface impoundments following the leak detection monitoring
requirements of Subsection R315-322-5(10)(b)(iii) shall be designed with two synthetic liners,
an upper primary and lower secondary liner, with a leak detection system between them.
Synthetic liners shall be installed according to the manufacturer’s instructions.
(i) The primary liner shall be impervious with a hydraulic conductivity no greater
than 1 x 10-7 cm/sec and constructed with a minimum 60-mil HDPE or equivalent liner
approved by the division.
(ii) The secondary liner shall be impervious and constructed with a minimum 40-mil
HDPE or equivalent liner approved by the director.
(iii) The leak detection system between the primary and secondary liners shall be
constructed with a HDPE geonet or equivalent liner to provide separation between the primary
and secondary liners and to enable flow of any leaked fluid through the primary liner to the leak
detection observation sump.
(12) Leak Detection System.
(a) The point of compliance shall be the space between the liners. The owner or
operator shall submit detailed construction and installation diagrams for the leak detection
system between the liners.
(b) The leak detection design shall include a drainage and collection system placed
between the upper and lower liners and sloped to facilitate the earliest possible detection of a
leak.
(c) The leak detection design shall include a vertical riser outside the dike allowing
direct visual inspection of the sump from the surface. The sump shall be designed:
(i) to be at least 18 inches in diameter and to extend a minimum of two feet below
the inlet line from the pond, allowing visual detection of any fluid and sampling of fluid;
(ii) with a removable top for the sump riser that prevents entry of fluids; and
(iii) with leak detection piping capable of withstanding destruction resulting from
contact with waste, structural loading from stresses and disturbances from overlying waste and
Commented [RNI10]: This is understood to apply to new
facilities only but an express grandfathering exception
should be added for existing facilities which are protective.
Some current facilities, for instance, have primary synthetic
liner with a clay liner below it.
Commented [RNI11]: Some facilities have risers that are
less than 18 inches but perform adequately. This needs to be
allowed going forward.

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cover materials, equipment operation, expansion or contraction, and facilitate clean-out
maintenance.
(d) Leak detection monitoring shall be performed at each riser when liquid waste is
present inside of the impoundment, and shall be:
(i) performed with no greater than 5 days between monitoring surveys, and on every
day that waste is received in the impoundment; and
(ii) recorded in the facility operating record.
(e) Upon detecting a leak, the owner or operator of a solid waste surface
impoundment shall:
(i) provide verbal notification to the director within 24 hours of detection;
(ii) submit written notification to the director within five days; and
(iii) submit a written schedule for conducting repair within 15 days of detection,
including the steps required by the repair plan specified in Subsection R315-322-5(11)(d).
R315-322-6. Standards for Operation.
(1) Each surface impoundment shall meet the operation and maintenance standards of
Section R315-303-423 except:
(i) daily cover requirements of Subsection R315-303-4(4) and recycling container
requirements of Subsection R315-303-4(6).
(2) Each solid waste surface impoundment shall be operated with a minimum of three
feet of freeboard.
(3) The director may permit an owner or operator of a solid waste surface
impoundment to sell, reclaim, recycle, or reuse materials in connection with its operations, as
provided in the Plan of Operations.
(4) Oil Separation. Class VII solid waste surface impoundments shall be operated to
separate oil from the produced water fraction of exploration and production waste and shall not
discharge the oil into the impoundment.
(a)Hydrocarbon accumulation, other than de minimis quantities, on a Class VII solid
waste surface impoundment is prohibited. Any such accumulation shall be removed within 24
hours of the time accumulation began.
(5) Overspray including foam, from sprinklers, wind, or enhanced evaporation
systems, outside of lined areas shall be corrected and cleaned up immediately.
(a)Sampling and testing of soils suspected to be contaminated from overspray may be
required by the director.
Commented [RNI12]: The mere presence of liquid should
not be assumed to be a reportable leak or one that requires
repair. Water can be present due to expected technological
design limits of the system or from shallow groundwater.
Allowance for these non-leak scenarios needs to be provided.
Commented [RNI13]: DOGM allowed 2 ft freeboard.
Can this be maintained so long as performance is sufficient?
Commented [RNI14]: This is a good provision.
Commented [RNI15]: An oil layer on a skim pond is
periodically skimmed when conditions (weather, etc.)
allows. But having the layer is useful in reducing air
emissions.
Commented [RNI16]: This is not 100% practical based on
historical operational experience and also would potentially
cause more air emissions. What is de minimis is not clear
also.
Commented [RNI17]: DOGM limits wind speed during
usage of enhanced evaporation systems. Will DWRMC
follow this practice?

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R315-322-7. Closure and Post-Closure
(1) Financial Assurance. The owner or operator of each solid waste surface
impoundment shall establish financial assurance as required by Rule R315-30925.
(a) If the owner or operator of a solid waste surface impoundment has financial
assurance, in effect and active, that covers the costs of closure and post-closure care of the
surface impoundment as required by another Federal or state agency which is as stringent as the
requirements of Rule R315-30925, the solid waste surface impoundment may be exempt, upon
approval of the director, from the financial assurance requirements of Rule R315-30925.
(2) Upon closure, the owner or operator of each solid waste surface impoundment
shall:
(a) excavate, remove, and dispose of all liners, sludges, stained soils, and other solid
wastes associated with the solid waste surface impoundment for disposal in a permitted solid
waste management facility and install soil and seed according to Subsection R315-303-
3(4)(a)(ii)20; or
(b) obtain a permit from the director to dispose of residual nonhazardous solid wastes
associated with the solid waste surface impoundment on site, in compliance with Subsection
R315-303-3(4)19 relating to closure requirements; or
(c) a combination of Subsections R315-322-7(2)(a) and R315-322-7(2)(b), as
approved by the director; and
(d) make the required recording with the county recorder specified in Subsection
R315- 302-2(6)13.
(3) The post-closure care and monitoring shall be for five years, or such other period
as determined by the director, and shall consist of:
(i) the maintenance of any monitoring equipment and sampling and testing schedules
as required by the director; and
(ii) inspection and maintenance of any cover material, including repair as soon as
possible of any erosion channels, and reseeding as required by the director.
KEY: solid waste management, solid waste disposal
Date of Enactment or Last Substantive Amendment:
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 40 CFR 257

Commented [RNI18]: It is understood that cell by cell
closure and release of bonding on a cell by cell basis will be
allowed. Please confirm.
Commented [RNI19]: What form of financial assurance
will be allowed? Are certificates of deposit allowed?
Commented [RNI20]: Is “exemption” the right concept or
is it a simple transfer to DWMRC? Process needs to allow
transfer without forcing operators to have double bonding for
even an short period of time, which is prohibitively
expensive.
Commented [RNI21]: Will testing of soils in and caps on
landfarms be tested for performance if deemed part of
closure design? Is post-closure monitoring required? These
questions go to the general comment of creating a level
playing field in the industry.

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APPENDIX – RULES REFERENCED IN R315-321 AND R315-322
R315. Environmental Quality, Waste Management and Radiation Control, Waste
Management.
R315-260-10. Definitions.
(c)(172) “Very small quantity generator” is a generator who generates less than or equal
to the following amounts in a calendar month:
(i) one hundred kilograms, 220 lbs, of non-acute hazardous waste;
(ii) one kilogram, 2.2 lbs, of acute hazardous waste listed in Section R315-261-31 or
Subsection R315-261-33(e); and
(iii) one hundred kilograms, 220 lbs, of any residue or contaminated soil, water, or
other debris resulting from the cleanup of a spill, into or on any land or water, of any acute
hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e).
(h) R315-302-1. Location Standards for Disposal Facilities.
(2) Location Standards. Each applicable solid waste facility shall be subject to the
following location standards.
(a) Land Use Compatibility. No new facility shall be located within:
(i) one thousand feet of a:
(A) national, state, county, or city park, monument, or recreation area;
(B) designated wilderness or wilderness study area;
(C) wild and scenic river area; or
(D) stream, lake, or reservoir;
(ii)ecologically and scientifically significant natural areas, including wildlife
management areas and habitat for threatened or endangered species as designated pursuant to the
Endangered Species Act of 1982;
(iii) one-fourth mile of:
(A) existing permanent dwellings, residential areas, and other incompatible structures
such as schools or churches unless otherwise allowed by local zoning or ordinance; and
(B) historic structures or properties listed or eligible to be listed in the State or
National Register of Historic Places;

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(iv) ten thousand feet of any airport runway end used by turbojet aircraft or within
5,000 feet of any airport runway end used by only piston-type aircraft unless the owner or
operator demonstrates that the facility design and operation will not increase the likelihood of
bird or aircraft collisions. Each new and existing disposal facility is subject to this requirement.
(A) If a new landfill or a lateral expansion of an existing landfill is located within six
miles of an airport runway end, the owner or operator shall notify the affected airport and the
Federal Aviation Administration; or
(v) areas with respect to archeological sites that would violate Section 9-8-404.
(b) Geology.
(i) No new facility or lateral expansion of an existing facility shall be located in a
subsidence area, a dam failure flood area, above an underground mine, above a salt dome, above
a salt bed, or on or adjacent to geologic features that could compromise the structural integrity of
the facility.
(ii) Holocene Fault Areas. A new facility or a lateral expansion of an existing facility
may not be located within 200 feet of a Holocene fault unless the owner or operator demonstrates
to the director that an alternative setback distance of less than 200 feet will prevent damage to
the structural integrity of the unit and will be protective of human health and the environment.
(iii) Seismic Impact Zones. A new facility or a lateral expansion of an existing facility
may not be located in seismic impact zones unless the owner or operator demonstrates to the
satisfaction of the director that any containment structures, including liners, leachate collection
systems, and surface water control systems, are designed to resist the maximum horizontal
acceleration in lithified earth material for the site.
(iv) Unstable Areas. The owner or operator of an existing facility, a lateral expansion
of an existing facility, or a new facility located in an unstable area shall demonstrate to the
satisfaction of the director that engineering measures have been incorporated into the facility
design to ensure that the integrity of the structural components of the facility will not be
disrupted. The owner or operator shall consider the following factors when determining whether
an area is unstable:
(A) on-site or local soil conditions that may result in significant differential settling;
(B) on-site or local geologic or geomorphologic features; and
(C) on-site or local human-made features or events, both surface and subsurface.
(c) Surface Water.
(i) No new facility or lateral expansion of an existing facility shall be located on any
public land that is being used by a public water system for water shed control for municipal
drinking water purposes.

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(ii) Floodplains. No new or existing facility shall be located in a floodplain unless the
owner or operator demonstrates to the director that the unit will not restrict the flow of the 100-
year flood, reduce the temporary water storage capacity of the floodplain, or result in a washout
of solid waste so as to pose a hazard to human health or the environment.
(d) Wetlands. No new facility or lateral expansion of an existing facility shall be
located in wetlands unless the owner or operator demonstrates to the director that:
(i) where applicable under section 404 of the Clean Water Act or applicable state
wetlands laws, the presumption that a practicable alternative to the proposed landfill is available
that does not involve wetlands is clearly rebutted;
(ii) the unit will not violate any applicable state water quality standard or section 307
of the Clean Water Act;
(iii) the unit will not jeopardize the continued existence of any endangered or
threatened species or result in the destruction or adverse modification of a critical habitat
protected under the Endangered Species Act of 1973;
(iv) the unit will not cause or contribute to significant degradation of wetlands. The
owner or operator shall demonstrate the integrity of the unit and its ability to protect ecological
resources by addressing the following factors:
(A) erosion, stability, and migration potential of native wetland soils, muds, and
deposits used to support the unit;
(B) erosion, stability, and migration potential of dredged and fill materials used to
support the unit;
(C) the volume and chemical nature of the waste managed in the unit;
(D) impacts on fish, wildlife, and other aquatic resources and their habitat from
release of the solid waste;
(E) the potential effects of catastrophic release of waste to the wetland and the
resulting impacts on the environment; and
(F) any additional factors, as necessary, to demonstrate that ecological resources in
the wetland are sufficiently protected;
(v) to the extent required under section 404 of the Clean Water Act or applicable state
wetlands laws, steps have been taken to try to achieve no net loss of wetlands, as defined by
acreage and function, by first avoiding impacts to wetlands to the maximum extent practicable as
required by Subsection R315-302-1(2)(d)(i), then minimizing unavoidable impacts to the
maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts
through any appropriate and practicable compensatory mitigation actions, for example,
restoration of existing degraded wetlands or creation of man-made wetlands; and

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(vi) sufficient information is available to make a reasonable determination with
respect to these demonstrations.
(e) Groundwater.
(i) No new facility or lateral expansion of an existing facility shall be located at a
site:
(A) where the bottom of the lowest liner is less than five feet above the historical high
level of groundwater; or
(B) for a landfill that is not required to install a liner, the lowest level of waste shall be
at least ten feet above the historical high level of groundwater.
(C) If the aquifer beneath a landfill contains groundwater that has a Total Dissolved
Solids (TDS) of 10,000 mg/l or greater and the landfill is constructed with a composite liner, the
bottom of the lowest liner may be less than five feet above the historical high level of the
groundwater.
(ii) No new facility shall be located over a sole source aquifer as designated in 40
CFR 149.
(iii) No new facility shall be located over groundwater classed as IB under Section
R317-6.3.
(iv) Unless each unit of the proposed facility is constructed with a composite liner or
other equivalent design approved by the director:
(A) a new facility located above any aquifer containing groundwater that has a TDS
content below 1,000 mg/l that does not exceed applicable groundwater quality standards for any
contaminant is permitted only where the depth to groundwater is greater than 100 feet; or
(B) a new facility located above any aquifer containing groundwater that has a TDS
content between 1,000 and 3,000 mg/l and does not exceed applicable groundwater quality
standards for any contaminant is permitted only where the depth to groundwater is 50 feet or
greater.
(C) The applicant for the proposed facility will make the demonstration of
groundwater quality necessary to determine the appropriate aquifer classification.
(v) No new facility shall be located in designated drinking water source protection
areas or, if no source protection area is designated, within a distance to existing drinking water
wells or springs for public water supplies of 250 days groundwater travel time. This requirement
does not include on-site operation wells. The applicant for the proposed facility will make the
demonstration, acceptable to the director, of hydraulic conductivity and other information
necessary to determine the 250 days groundwater travel distance.
(vi) Groundwater Alternative.

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(A) Subject to the groundwater performance standard stated in Subsection R315- 303-
2(1), if a solid waste disposal facility is to be located over an area where the groundwater has a
TDS of 10,000 mg/l or greater, or where there is an extreme depth to groundwater, or where
there is a natural impermeable barrier above the groundwater, or where there is no groundwater,
the director may approve, on a site specific basis, an alternative groundwater monitoring system
at the facility or may wave the groundwater monitoring requirement. If groundwater monitoring
is waved the owner or operator shall make the demonstration stated in Subsection R315-308-
1(3).
(B) A facility that has a groundwater monitoring alternative approved under
Subsection R315-302-1(2)(e)(vi) is subject to the groundwater quality standards specified in
Subsection R315-303-2(1) and the approved alternative shall be revoked by the director if the
operation of the facility impacts groundwater.
(f) Historic preservation survey requirement.
(i) Each new facility or expansion of an existing facility shall:
(A) have a notice of concurrence issued by the state historic preservation officer as
provided for in Subsection 9-8-404(3)(a)(i); or
(B) show that the state historic preservation officer did not respond within 30 days to
the submittal, to the officer, of an evaluation; or
(C) have received a joint analysis conducted as required by Subsection 9-8-404(2).
(ii) Each existing facility shall, for any areas of the site that have not been disturbed:
(A) have a notice of concurrence issued by the state historic preservation officer as
provided for in Subsection 9-8-404(3)(a)(i); or
(B) show that the state historic preservation officer did not respond within 30 days to
the submittal, to the officer, of an evaluation; or
(C) have received a joint analysis conducted as required by Subsection 9-8-404(2).
(g) Traffic impact study requirement.
(i) For each new facility, the applicant shall pay the costs for review of a traffic
impact study, any costs required by the road authority for improvements, and submit a traffic
impact study that:
(A) demonstrates that requirements for safety, operation, and the condition of
roadways serving the proposed facility meet locally forecasted needs;
(B) has been reviewed and approved by the Department of Transportation, a local
highway authority, or a county or municipality road authority, whichever has jurisdiction over
each road serving the proposed facility; and

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(C) includes any maintenance agreement with a road authority in writing.
R315-302-2. General Facility Requirements.
(2)Plan of Operation. Each owner or operator shall develop, keep on file, and abide by a
plan of operation approved by the director. The plan shall describe the facility’s operation and
shall convey to site operating personnel the concept of operation intended by the designer. The
plan of operation shall be available for inspection at the request of the director or the director’s
authorized representative. The facility shall be operated in accordance with the plan. Each plan
of operation shall include:
(a) an intended schedule of construction. Facility permits will be reviewed by the
director no later than 18 months after the permit is issued and periodically thereafter, to
determine if the schedule of construction is reasonably being followed. Failure to comply with
the schedule of construction may result in revocation of the permit;
(b) a description of on-site solid waste handling procedures during the active life of
the facility;
(c) a schedule for conducting inspections and monitoring for the facility;
(d) contingency plans in the event of a fire or explosion;
(e) corrective action programs to be initiated if groundwater is contaminated;
(f) contingency plans for other releases, for example, release of explosive gases or
failure of run-off containment system;
(g) a plan to control fugitive dust generated from roads, construction, general
operations, and covering the waste;
(i) a description of maintenance of installed equipment including leachate and gas
collection systems, and groundwater monitoring systems;
(j) procedures for excluding the receipt of prohibited hazardous waste or prohibited
waste containing PCBs;
(l) a plan for an alternative waste handling or disposal system during periods when
the solid waste facility is not able to dispose of solid waste, including procedures to be followed
in case of equipment breakdown;
(m) closure and post-closure care plans;
(n) cost estimates and financial assurance as required by Subsection R315-309-2(3);
(o) a landfill operations training plan for site operators; and
(p) other information pertaining to the plan of operation as required by the director.

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(3)Recordkeeping. Each owner or operator shall maintain and keep, on-site or at a
location approved by the director, the following permanent records:
(a) a daily operating record, to be completed at the end of each day of operation, that
shall contain:
(i) the weights, in tons, or volumes, in cubic yards, of solid waste received each day,
number of vehicles entering, and if available, the type of wastes received each day;
(ii) deviations from the approved plan of operation;
(iii) training and notification procedures;
(iv) results of groundwater and gas monitoring that may be required; and
(v) an inspection log or summary; and
(b) other records to include:
(i) documentation of any demonstration made with respect to any location standard
or exemption;
(iii)closure and post-closure care plans as required by Subsections R315-302-3(4) and
R315-302-3(7);
(iv)cost estimates and financial assurance documentation as required by Subsection
R315-309-2(3);
(vi)other information pertaining to operation, maintenance, monitoring, or inspections as
may be required by the director.
(4) Reporting.
(a) Each owner or operator of any facility, including a facility performing post-
closure care, shall prepare an annual report and place the report in the facility’s operating record.
The owner or operator of the facility shall submit a copy of the annual report to the director by
March 1 of each year for the most recent calendar year or fiscal year of facility operation.
(b) The annual report shall cover facility activities during the previous year and shall
include, at a minimum, the following information:
(i) name and address of the facility;
(ii) calendar year covered by the report;
(iii) annual quantity, in tons, of solid waste received, according to Subsections R315-
302- 2(4)(c) and R315-302-2(4)(d);

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(iv) the annual update of the required financial assurances mechanism pursuant to
Subsection R315-309-2(2);
(v) results of groundwater monitoring and gas monitoring; and
(vi) training programs or procedures completed.
(c) Since the amount of waste received must be reported in tons, the following
conversion factors shall be used for waste received that is not weighted on scales.
(i) Municipal solid waste:
(A) Uncompacted - 0.15 tons per cubic yard; and
(B) Compacted, delivered in a compaction vehicle, - 0.30 tons per cubic yard.
(ii) Construction or demolition waste - 0.50 tons per cubic yard.
(iii) Municipal incinerator ash - 0.75 tons per cubic yard.
(iv) Other ash - 1.10 tons per cubic yard.
(v) Waste delivered by a resident in a pickup truck or a single axle trailer - 0.25 tons
per vehicle.
(vi) Industrial waste - a reasonable conversion factor, based on site specific data,
developed by the owner or operator of the facility.
(d) If an owner or operator of a municipal landfill or a construction or demolition
landfill has documented conversion factors that are based on facility specific data, these
conversion factors may be used to report the amounts of waste when approved by the director.
(e) Each owner or operator of a facility that treats, transfers, incinerates, or disposes
of solid waste, shall submit a quarterly report by the 15th day of the month following the end of
each quarter, ending March 31st, June 30th, September 30th, and December 31st.
(i) The quarterly report shall include:
(A) the name and address of the facility; and
(B) the quarterly quantity, in tons, of solid waste received, according to Subsections
R315-302-2(4)(c) and R315-302-2(4)(d).
(ii) Each owner or operator shall pay fees established in Subsection 19-6-119(6) upon
submittal of the quarterly report, except for:
(A)a person who treats, transfers, stores, or disposes of solid waste from the extraction,
beneficiation, and processing of ores and minerals on the site where the waste was generated.

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(5) Inspections.
(a) The owner or operator shall inspect the facility to prevent malfunctions and
deterioration, operator errors, and discharges that may cause or lead to the release of wastes to
the environment or to a threat to human health. The owner or operator shall conduct these
inspections with sufficient frequency, no less than quarterly, to identify problems in time to
correct them before they harm human health or the environment. The owner or operator shall
keep an inspection log or summary including at least the date and time of inspection, the printed
name and handwritten signature of the inspector, a notation of observations made, and the date
and nature of any repairs or corrective action. The log or summary shall be kept at the facility or
other convenient location if permanent office facilities are not on-site, for at least three years
from the date of inspection. Inspection records shall be available to the director or the director’s
authorized representative upon request.
(b) The director or any authorized officer, employee, or representative of the director
may, at any reasonable time and upon presentation of appropriate credentials, enter any solid
waste facility and inspect the property, records, monitoring systems, activities and practices, or
solid waste being handled for ascertaining compliance with Rules R315-301 through R315-
[320]322 and the approved plan of operation for the facility.
(i) The inspector may conduct monitoring or testing, or collect samples for testing, to
verify the accuracy of information submitted by the owner or operator or to ensure that the owner
or operator is in compliance. The owner or operator may request split samples and analysis
parameters on any samples collected by the inspector.
(ii) The inspector may use photographic equipment, video camera, electronic
recording device, or any other reasonable means to record information during any inspection.
(iii) The results of any inspection shall be furnished promptly to the owner or operator
of the facility.
(6) Recording with the County Recorder.
Before 60 days after certification of closure, the owner or operator of a solid waste
disposal facility shall:
(a) submit plats and a statement of fact concerning the location of any disposal site to
the county recorder to be recorded as part of the record of title; and
(b) submit proof of record of title filing to the director.
R315-302-3. General Closure and Post Closure Requirements.
(1) Applicability.
(a) The owner or operator of any solid waste disposal facility that requires a permit
shall meet the applicable standards of Section R315-302-3 and shall provide financial assurance
for closure and post-closure care costs that meets the requirements of Rule R315-309.

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(b) The requirements of Subsections (2), (3), and (4) of this section apply to any solid
waste management facility as defined by Subsection 19-6-502(12). The requirements of
Subsections (5), (6), and (7) of this section apply to:
(i) Class I, II, IV, V, and VI Landfills;
(ii) Class III Landfills as specified in Rule R315-304: and
(iii) any land treatment disposal facility.
(2) Closure Performance Standard. Each owner or operator shall close its facility or
unit in a manner that:
(a) minimizes the need for further maintenance;
(b) minimizes or eliminates threats to human health and the environment from post-
closure escape of solid waste constituents, leachate, landfill gases, contaminated run-off or waste
decomposition products to the ground, ground water, surface water, or the atmosphere; and
(c) prepares the facility or unit for the post-closure period.
(3) Closure Plan and Amendment.
(a) Closure may include covering, grading, seeding, landscaping, contouring, and
screening. For a transfer station or a drop box facility, closure includes waste removal and
decontamination of the site, including soil analysis, ground water analysis, or other procedures as
required by the Director.
(b) Each owner or operator shall develop, keep on file and abide by a plan of closure
required by Subsection R315-302-2(2)(m) which, when approved by the Director, will become
part of the permit.
(c) The closure plan shall project time intervals at which sequential partial closure, if
applicable, is to be implemented and identify closure cost estimates and projected fund
withdrawal intervals for the associated closure costs from the approved financial assurance
instrument required by Rule R315-309.
(d) The closure plan may be amended if conditions and circumstances justify such
amendment. If it is determined that amendment of a facility closure plan is required, the Director
may direct facility closure activities, in part or whole, to cease until the closure plan amendment
has been reviewed and approved by the Director.
(e) Each owner and operator shall close the facility or unit in accordance with the
approved closure plan and all approved amendments.
(4) Closure Procedures.

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(a) Each owner and operator shall notify the Director of the intent to implement the
closure plan in whole or part, 60 days prior to the projected final receipt of waste at the unit or
facility unless otherwise specified in the approved closure plan.
(b) The owner or operator shall commence implementation of the closure plan, in part
or whole, within 30 days after receipt of the final volume of waste, or for landfills, when the final
elevation is attained in part or all of the facility cell or unit as identified in the approved facility
closure plan unless otherwise specified in the approved closure plan. Closure activities shall be
completed within 180 days from their starting time. Extensions of the closure period may be
granted by the Director if justification for the extension is documented by the owner or operator.
(c) When an owner or operator completes closure of a solid waste management unit
or facility closure is completed, he shall, within 90 days or as required by the Director, submit to
the Director:
(i) facility or unit closure plans, except for Class IIIb, IVb, and VI Landfills, signed
by a professional engineer registered in the state of Utah, and modified as necessary to represent
as- built changes to final closure construction as approved in the closure plan; and
(ii) certification by the owner or operator, and, except for Class IIIb, IVb, and VI
Landfills, a professional engineer registered in the state of Utah, that the site or unit has been
closed in accordance with the approved closure plan.
(5) Post-Closure Performance Standard. Each owner or operator shall provide post-
closure activities for continued facility maintenance and monitoring of gases, land, and water for
30 years or as long as the Director determines is necessary for the facility or unit to become
stabilized and to protect human health and the environment.
(6) Post-Closure Plan and Amendment.
(a) For any disposal facility, except an energy recovery or incinerator facility, post-
closure care may include:
(i) ground water and surface water monitoring;
(ii) leachate collection and treatment;
(iii) gas monitoring;
(iv) maintenance of the facility, the facility structures that remain after closure, and
monitoring systems for their intended use as required by the approved permit;
(v) a description of the planned use of the property; and
(vi) any other activity required by the Director to protect human health and the
environment for a period of 30 years or a period established by the Director.

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(b) Each owner or operator shall develop, keep on file, and abide by a post-closure
plan as required by Subsection R315-302-2(2)(m) and as approved by the Director as part of the
permit. The post-closure plan shall address facility or unit maintenance and monitoring activities
until the site becomes stabilized (i.e., little or no settlement, gas production or leachate
generation) and monitoring and maintenance activities can be safely discontinued.
(c) The post-closure plan shall project time intervals at which post-closure activities
are to be implemented and identify post-closure cost estimates and projected fund withdrawal
intervals from the selected financial assurance instrument, where applicable, for the associated
post- closure costs.
(d) The post-closure plan may be amended if conditions and circumstances justify
such amendment. If it is determined that amendment of a facility or unit post-closure plan is
required, the Director may direct facility post-closure activities, in part or whole, to cease until
the post- closure plan amendment has been reviewed and approved.
(7) Post-Closure Procedures.
(a) Each owner or operator shall commence post-closure activities after closure
activities have been completed. The Director may direct that post-closure activities cease until
the owner or operator receives a notice from the Director to proceed with post-closure activities.
(b) When post-closure activities are complete, as determined by the Director, the
owner or operator shall submit a certification to the Director, signed by the owner or operator,
and, except for Class IIIb, IVb, and VI Landfills, a professional engineer registered in the state of
Utah stating why post-closure activities are no longer necessary (i.e., little or no settlement, gas
production, or leachate generation).
(c) If the Director finds that post-closure monitoring has established that the facility
or unit is stabilized (i.e., little or no settlement, gas production, or leachate generation) the
Director may authorize the owner or operator to discontinue any portion or all of the post-closure
maintenance and monitoring activities.
R315-303-2. Standards for Performance.
(1) Ground Water. An owner or operator of a disposal facility shall not contaminate
the ground water underlying the facility beyond the ground water quality standard set in Section
R315-308-4 or, for constituents not set in Section R315-308-4, as established by the Director
based on health risk standards.
(2) Air Quality and Explosive Gas Emissions.
(a) An owner or operator of a disposal facility shall not allow concentrations of
explosive gases generated by the facility to exceed:
(i) twenty-five percent of the lower explosive limit for explosive gases in facility
structures, excluding gas control or recovery system components; and

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(ii) the lower explosive limit for explosive gases at the property boundary or beyond.
(b) An owner or operator of a disposal facility shall not cause a violation of any
ambient air quality standard at the property boundary or emission standard from any emission of
landfill gases, combustion or any other emission associated with the facility.
(3) Surface Waters. An owner or operator of a disposal facility:
(a) shall not cause a violation of any Utah Pollution Discharge Elimination System
permit or standard from discharges of surface run-off, leachate or any liquid associated with the
facility; and
(b) shall be in compliance under the Clean Water Act for any discharge as well as in
compliance with any area-wide or state-wide plan under Section 208 or 319 of the Clean Water
Act.
R315-303-3. Standards for Design
(1) Minimizing Liquids. An owner or operator of a that disposes of nonhazardous
solid waste in landfill cells shall minimize liquids admitted to active areas by:
(c) designing the landfill to prevent run-on of all surface waters resulting from a
maximum flow of a 25-year storm into the active area of the landfill; and
(d) designing the landfill to collect and treat the run-off of surface waters and other
liquids resulting from a 25-year storm from the active area of the landfill.
(1.1) High liquid wastes.
(a)The direct disposal of high liquid wastes in landfill cells is prohibited unless the owner
or operator implements appropriate measures described in a high liquid waste management plan
approved by the director and included in the Plan of Operations, that includes the following
information:
(i) waste acceptance criteria;
(ii) dewatering unit design and techniques, if proposed;
(iii) other stabilization or treatment techniques, if proposed; and
(iv)a communication plan to inform customers of high liquid waste acceptance criteria,
and costs associated with treatment of high liquids waste at the facility.
(b)An owner or operator of a solid waste management facility that utilizes processes such
as dewatering or other stabilization or treatment techniques shall:
(i) install and maintain a containment system having a permeability of no more than
1 x 10-7 cm/sec, that is capable of maintaining integrity under the operation of heavy equipment
for:

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(A) staging areas for high liquid wastes prior to dewatering, stabilization, or other
treatment;
(B) areas used for dewatering, stabilization, or other treatment; and
(ii) appropriately manage leachates derived from the dewatering or stabilization of
high liquid wastes, including through evaporation in a permitted solid waste surface
impoundment.
(c) Areas where high liquid waste is stored or managed prior to disposal shall be
designed and operated in accordance with R315-308.
(d) The director may require that as a condition of approval of a high liquid waste
management plan, that the owner or operator submit appropriate engineering reports
demonstrating that disposal of stabilized or dewatered high liquid wastes in a landfill cell will
not result in unacceptable geotechnical risks of landfill cell slope or final cover failures.
(e) Any solid waste surface impoundment shall comply with the requirements set
forth in R315-322.
(3) Liner Designs. [An owner or operator of a landfill]Except as provided in R315-
322-5, liner design for any landfill cell or solid waste surface impoundment shall use liners of
one of the following designs:
(a) Standard Design. The design shall have a composite liner system consisting of
two liners and the associated liner protection layers and a drainage system for leachate
collection:
(i) an upper liner made of synthetic material with a thickness of a least 60 mils; and
(ii) a lower liner of at least two feet thickness of recompacted clay or other soil
material with a permeability of no more than 1 x 10-7 cm/sec having the bottom liner sloped no
less than 2% and the side liners sloped no more than 33%, except where construction and
operational integrity can be demonstrated at steeper slopes, with the synthetic liner installed in
direct and uniform contact with the compacted soil component; or
(b) Equivalent Design.
(i) The Director may approve an alternative liner design, on a site specific basis, if it
can be documented that, under the conditions of location and hydrogeology, the equivalent
design will minimize the migration of solid waste constituents or leachate into the ground or
surface water at least as effectively as the liner design required in Subsection R315-303-3(3)(a).
(ii) When approving an equivalent liner design, the Director shall consider the
following factors:
(A) the hydrogeologic characteristics of the facility and surrounding land;

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(B) the climatic factors of the area; and
(C) the volume and physical and chemical characteristics of the leachate; or
(c) Alternative Design.
(i) The owner or operator may use, as approved by the Director, an alternative
design.
(ii) The owner or operator must demonstrate that the ground water quality protection
standard of Subsection R315-303-2(1) can be met. The demonstration must be approved by the
Director, and must be based upon:
(A) the hydrogeologic characteristics of the facility and the surrounding land;
(B) the climatic factors of the area;
(C) the volume and physical and chemical characteristics of the leachate;
(D) predictions of contaminate fate and transport in the subsurface that maximize
contaminant migration and consider impacts on human health and the environment; and
(E) predictions of leachate flow from the base of the waste to the uppermost aquifer;
or
(d) Stringent Design. When conditions of location, hydrogeology, or waste stream
justify, the Director may require that the liner of a landfill be constructed to meet standards more
stringent than the liner designs of Subsection R315-303-3(3)(a).
(e) Small [Landfill] Facility Design.
(i) [The s]Small [landfill]facility design applies only to a Class II Landfill.
(ii) Each new Class II [Landfill] Facility and any existing Class II [Landfill] Facility
seeking facility expansion shall meet the location standards of Section R315-302-1.
(iii) Each new and existing Class II [Landfill] Facility shall meet the performance
standards of Section R315-303-2.
(iv) A Class II [Landfill] Facility, which meets the requirements of Subsection R315-
303- 3(3)(e)(v), is exempt from the liner, leachate collection system, and ground water
monitoring requirements of Rule R315-303.
(v) A Class II [Landfill] Facility will be approved only if:
(A) there is no evidence of existing ground water contamination;
(B) the [landfill] facility serves a community that has no practicable waste
management alternative as determined by the Director;

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(C) the [landfill] facility is located in an area which receives less than 25 inches of
annual precipitation;
(D) the [landfill] facility receives, on a yearly average, no more than 20 tons of waste
per day, or if a tonnage cannot be determined, serves a population of no more than 8,900; and
(E) the [landfill] facility meets all the requirements in Rules R315-301 through
[320]R315-322 applicable to Class II [landfill] facilities.
(vi) A Class II [Landfill]Facility may lose the exemptions of the small landfill design
if at any time the [landfill]facility receives more than 20 tons of solid waste per day, based on an
annual average, or has caused ground water contamination.
(4) Closure. At closure, an owner or operator of a Class I, II, IIIa, IVa, [and ]V, or
VII [Landfill]Facility shall use one of the following designs for the final cover for all associated
landfill cells.
(a) Standard Design. The standard design of the final cover for landfill cells within
the facility shall consist of two layers:
(i) a layer to minimize infiltration, consisting of at least 18 inches of compacted soil,
or equivalent, with a permeability of 1 x 10-5 cm/sec or less, or equivalent, shall be placed upon
the final lifts;
(A) in no case shall the cover of the final lifts be more permeable than the bottom
liner system or natural subsoils present in the unit; and
(B) the grade of surface slopes shall not be less than 2%, nor the grade of side slopes
more than 33%, except where construction integrity and the integrity of erosion control can be
demonstrated at steeper slopes; and
(ii) a layer to minimize erosion, consisting of:
(A) at least 6 inches of soil capable of sustaining vegetative growth placed over the
compacted soil cover and seeded with grass, other shallow rooted vegetation or other native
vegetation; or
(B) other suitable material, approved by the Director.
(b) Requirements for any Earthen Final Cover [at]on a Landfill cell.
(i) Markers or other benchmarks shall be installed in any final earthen cover to
indicate the thickness of the final cover. These markers shall be observed during each quarterly
inspection and the earthen cover shall be raised to the appropriate thickness as necessary.
(ii) Erosion channels deeper than 10% of the total cover thickness shall be repaired as
soon as possible following their discovery.

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(c) Alternative Final Cover Design. The Director may approve an alternative final
cover design, on a site specific basis, if it can be documented that:
(i) the alternative final cover achieves an equivalent reduction in infiltration as
achieved by the standard design in Subsection R315-303-3(4)(a)(i); and
(ii) the alternative final cover provides equivalent protection from wind and water
erosion as achieved by the standard design in Subsection R315-303-3(4)(a)(ii).
(d) The expected performance of an alternative final cover design shall be
documented by the use of an appropriate mathematical model.
(i) The input for the modeling shall include the climatic conditions at the specific
[landfill]facility site and the soil types that will make up the final cover.
(ii) The model shall:
(A) be run to show the expected performance of the final cover at normal precipitation
for a period of time until stability has been reached; and
(B) shall be run to show the expected performance of the final cover during the five
wettest years on record at the site or the nearest weather station.
(e) The director shall use the following criteria as part of the basis for determining if
an alternative final cover will be approved:
(i) If the landfill cell has a liner design that does not use a synthetic material such as
HDPE, the model will compare the infiltration through the standard cover as required in
Subsection R315-303-3(4)(a) and shall show that the alternative cover performs as well as the
standard cover; or
(ii) If the landfill cell has a liner composed in part of a synthetic material such as
HDPE, the model must show an infiltration rate of no greater that 3 millimeters of water per year
during any year of the model run.
(i) If a landfill cell has been constructed using an approved alternative landfill cell
design, the Director may require, on a site-specific basis, the landfill cell closure design to be
more stringent than the standard design specified in Subsection R315-303-3(4)(a) to protect
human health or the environment.
(j) In no case shall any modification be made to the final cover, as placed and
approved at closure by the Director, unless that modification:
(i) is a necessary repair of the approved final cover;
(ii) maintains or improves the effectiveness of the final cover; and
(iii) is approved by the Director.

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(6) Design Drawings.
(a) Design drawings and as built drawings of any engineered structure, including
landfill cell liners, leachate collection systems, run-on/run-off control systems, final covers,
ground water monitoring systems, and gas collection systems, shall be signed and sealed by a
professional engineer registered in the State of Utah.
(b) As built drawings shall be submitted to the Director on or before 90 days
following the completion of the engineered structures associated with [at] the [landfill]facility.
(7) Other Requirements. An owner or operator shall design each [landfill]solid waste
management facility to provide for:
(a) fencing at the property or unit boundary or the use of other artificial or natural
barriers to impede entry by the public and large animals. A lockable gate shall be required at the
entry to the [landfill]facility;
(b) monitoring ground water according to Rule R315-308 using a design approved by
the Director. The Director may also require monitoring of:
(i) surface waters, including run-off;
(ii) leachate; and
(iii) subsurface landfill gas movement and ambient air;
(c) weighing or estimating the tonnage of all incoming waste and recording the
tonnage in the facility’s operation record;
(d) erecting a sign at the facility entrance that identifies at least the name of the
facility, the hours during which the facility is open for public use, unacceptable materials, and an
emergency telephone number. Other pertinent information may also be included;
(e) adequate fire protection to control any fires that may occur at the facility. This
may be accomplished by on-site equipment or by arrangement made with the nearest fire
department;
(f) preventing potential harborage in buildings, facilities, and active areas of rat and
other vectors, such as insects, birds, and burrowing animals;
(g) minimizing the size of the unloading area and working face as much as possible,
consistent with good traffic patterns and safe operation;
(h) approach and exit roads of all-weather construction, with traffic separation and
traffic control on-site and at the site entrance; and
(i) communication, such as telephone or radio, between employees working at the
[landfill]facility and management offices on-site and off-site to handle emergencies.

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R315-303-4. Standards for Maintenance and Operation.
(1) Plan of Operation. An owner or operator of a landfill shall maintain and operate
the facility to conform to the approved plan of operation.
(2) Operating Details. An owner or operator of a landfill shall operate the facility to:
(a) control fugitive dust generated from roads, construction, general operations, and
covering the waste;
(b) allow no open burning;
(c) collect scattered litter as necessary to avoid a fire hazard or an aesthetic nuisance;
(d) prohibit scavenging;
(e) conduct reclamation of facility property in an orderly sanitary manner and in a
way that does not interfere with the disposal site operation;
(f) ensure that [landfill]facility personnel, trained in [landfill]facility operations, are
on site when the site is open to the public:
(i) at least one person on site for landfills that receive, on an average annual basis,
less than 15,000 tons per year; and
(ii) at least two persons on site, with one person at the active landfill cell face, for
each landfill that receives, on an average annual basis, more than 15,000 tons per year;
(g) control insects, rodents, and other vectors; and
(h) ensure that all waste containers and storage tanks are functional:
(i) containers or tanks that are deteriorating (e.g., cracked, rusted) or leaking must
not be used; and
(ii) containers or tanks used to store waste must be made of or lined with materials
that will not react with and are otherwise compatible with the waste in the container;
(i)(h) ensure that reserve operational equipment will be available to maintain and meet
these standards.
(3) Boundary Posts. An owner or operator of a landfill shall clearly mark the active
area boundaries authorized in the permit by placing permanent posts or by using an equivalent
method clearly visible for inspection purposes.
(5) Monitoring Systems. An owner or operator of a landfill shall maintain the
monitoring systems required in Subsection R315-303-3(7)(b).
(7) Disposal of Hazardous Waste and Waste Containing PCBs.

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(a) An owner or operator of a solid waste [disposal]management facility shall not
knowingly accept, dispose, treat, store, or otherwise handle hazardous waste or waste containing
PCBs except under the following conditions:
(i) hazardous waste:
(A) the waste meets the conditions specified in Subsections R315-261-4; or
(B) the waste meets the conditions specified in R315-262-13(f)(1) or R315-262-14; or
(ii) waste containing PCBs:
(A) the facility meets the requirements specified in Subsection R315-315-7(3)(a); or
(B) the waste meets the requirements specified in Subsections R315-315-7(2) or
R315-315-7(3)(b).
(b) An owner or operator of a solid waste [disposal]management facility shall include
and implement, as part of the plan of operation, a plan that will inspect loads or take other steps,
as approved by the director, that will prevent the disposal of prohibited hazardous waste and
prohibited waste containing PCBs, including:
(i) inspection frequency and inspection of loads suspected of containing prohibited
hazardous waste or prohibited waste containing PCBs;
(ii) inspection in a designated area or at a designated point in the disposal process;
(iii) a training program for the facility employees in identification of prohibited
hazardous waste and prohibited waste containing PCBs; and
(iv) maintaining written records of inspections, signed by the inspector.
(c) If the receipt of prohibited hazardous waste or prohibited waste containing PCBs
is discovered, the owner or operator of the facility shall:
(i) notify the director, the hauler, and the generator within 24 hours;
(ii) restrict the inspection area from public access and from facility personnel; and
(iii) assure proper cleanup, transport, and disposal of the waste.
R315-308. Groundwater Monitoring Requirements. R315-308-1. Applicability.
(1) Each existing landfill, pile, or landtreatment disposal facility that is required to
perform groundwater monitoring shall comply with the groundwater monitoring requirements
according to the compliance schedule as established by the director during the permitting or the
permit renewal process.

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(2) Before the acceptance of waste, each new landfill, pile, or landtreatment disposal
facility that is required to perform groundwater monitoring shall have:
(a) a site specific groundwater monitoring plan approved by the director; and
(b) the groundwater monitoring system complete and operational.
(3) Groundwater monitoring requirements may be waived by the director if the owner
or operator of a solid waste disposal facility can demonstrate that there is no potential for
migration of hazardous constituents from the facility to the groundwater during the active life of
the facility and the post-closure care period. This demonstration shall be certified by a qualified
groundwater scientist and approved by the director, and shall be based upon:
(a) site-specific field collected measurements, sampling, and analysis of physical,
chemical, and biological processes affecting contaminant fate and transport; and
(b) contaminant fate and transport predictions that maximize contaminant migration
and consider impacts on human health and the environment.
(4) Once a groundwater monitoring system and program has been established at a
disposal facility, groundwater monitoring shall continue to be conducted throughout the active
life, closure, and post-closure care periods as specified by the director.
(5) A facility that has a groundwater monitoring alternative approved under
Subsection R315- 302-1(2)(e)(vi) is subject to the standards specified in Subsection R315-303-
2(1) and the approved alternative shall be revoked by the director if the operation of the facility
impacts groundwater.
(k) R315-308-2. Ground Water Monitoring Requirements.
(1) Each facility owner or operator that is required to conduct ground water
monitoring shall formulate a ground water monitoring plan that addresses the requirements of
Section R315-308- 2.
(2) The ground water monitoring system must consist of at least one background or
upgradient well and two downgradient wells, installed at appropriate locations and depths to
yield ground water samples from the uppermost aquifer and all hydraulically connected aquifers
below the facility, cell, or unit. The downgradient wells shall be designated as the point of
compliance and must be installed at the closest practicable distance hydraulically down gradient
from the unit boundary not to exceed 150 meters (500 feet) and must also be on the property of
the owner or operator:
(a) the upgradient well must represent the quality of background water that has not
been affected by leakage from the active area; and
(b) the downgradient wells must represent the quality of ground water passing the
point of compliance. Additional wells may be required by the Director in complicated
hydrogeological settings or to define the extent of contamination detected.

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(3) All monitoring wells must be cased in a manner that maintains the integrity of the
monitoring well bore hole. This casing must allow collection of representative ground water
samples. Wells must be constructed in such a manner as to prevent contamination of the samples,
the sampled strata, and between aquifers and water-bearing strata. All monitoring wells and all
other devices and equipment used in the monitoring program must be operated and maintained so
that they perform to design specifications throughout the life of the monitoring program.
(4) The ground water monitoring program must include at a minimum, procedures
and techniques for:
(a) well construction and completion;
(b) decontamination of drilling and sampling equipment;
(c) sample collection;
(d) sample preservation and shipment;
(e) analytical procedures and quality assurance;
(f) chain of custody control or sample tracking, as approved by the Director; and
(g) procedures to ensure employee health and safety during well installation and
monitoring.
(5) Each facility shall utilize a laboratory, that is certified by the state for the test
methods used, to complete tests, using methods with appropriate detection levels, on samples for
the following:
(a) during the first year of facility operation after wells are installed or an alternative
schedule as approved by the Director, a minimum of eight independent samples from the
upgradient and four independent samples from each downgradient well for all parameters listed
in Section R315- 308-4 to establish background concentrations;
(b) after background levels have been established, a minimum of one sample,
semiannually, from each well, background and downgradient, for all parameters listed in Section
R315-308-4 as a detection monitoring program;
(i) In the detection monitoring program, the owner or operator must determine
ground water quality at each monitoring well on a semiannual basis during the life of an active
area, including the closure period, and the post-closure care period.
(ii) The owner or operator must express the ground water quality at each monitoring
well in a form appropriate for the determination of statistically significant changes;
(c) field-measured pH, water temperature, and water conductivity must accompany
each sample collected;

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(d) analysis for the heavy metals and the organic constituents from Section R315-
308-4 shall be completed on unfiltered samples; and
(e) the Director may specify additional or fewer constituents depending upon the
nature of the ground water or the waste on a site specific basis considering:
(i) the types, quantities, and concentrations of constituents in wastes managed at the
landfill;
(ii) the mobility, stability, and persistence of waste constituents or their reaction
products in the unsaturated zone beneath the landfill;
(iii) the detectability of indicator parameters, waste constituents, and reaction products
in the ground water; and
(iv) the background concentration or values and coefficients of variation of
monitoring parameters or constituents in the ground water.
(f) The following information shall be placed in the facility’s operating record and a
copy submitted to the Director as the ground water monitoring results to be included in the
annual report required by Subsection R315-302-2(4):
(i) a report on the procedures, including the quality control/quality assurance,
followed during the collection of the ground water samples;
(ii) the results of the field measured parameters required by Subsections R315-308-
2(5)(c) and R315-308-2(7);
(iii) a report of the chain of custody and quality control/quality assurance procedures
of the laboratory;
(iv) the results of the laboratory analysis of the constituents specified in Section R315-
308-4 or an alternative list of constituents approved by the Director:
(A) the results of the laboratory analysis shall list the constituents by name and CAS
number; and
(B) a list of the detection limits and the test methods used; and
(v) the statistical analysis of the results of the ground water monitoring as required by
Subsection R315-308-2(8).
(vi) The results of the ground water monitoring may be submitted in electronic format.
(6) After background constituent levels have been established, a ground water quality
protection standard shall be set by the Director which shall become part of the ground water
monitoring plan. The ground water quality protection standard will be set as follows.

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(a) For constituents with background levels below the standards listed in Section
R315-308- 4 or as listed in Section R315-308-5, which presents the ground water protection
standards that are available for the constituents listed as Appendix II in 40 CFR 258, the ground
water quality standards of Sections R315-308-4 and R315-308-5 shall be the ground water
quality protection standard.
(b) If a constituent is detected and a background level is established but the ground
water quality standard for the constituent is not included in Section R315-308-4 or Section R315-
308-5 the ground water quality protection standard for that constituent shall be set according to
health risk standards.
(c) If a constituent is detected and a background level is established and the
established background level is higher than the value listed in Section R315-308-4, R315-308-5
or the level established according to Subsection R315-308-2(6)(b), the ground water quality
protection standard shall be the background concentration.
(7) The ground water monitoring program must include a determination of the ground
water surface elevation each time ground water is sampled.
(8) The owner or operator shall use a statistical method for determining whether a
significant change has occurred as compared to background. The Director will approve such a
method as part of the ground water monitoring plan. Possible statistical methods include:
(a) a parametric analysis of variance (ANOVA) followed by multiple comparisons
procedures to identify statistically significant evidence of contamination. The method must
include estimation and testing of the contrasts between each compliance well’s mean and the
background mean levels for each constituent;
(b) an analysis of variance (ANOVA) based on ranks followed by multiple
comparisons procedures to identify statistically significant evidence of contamination. The
method must include estimation and testing of the contrasts between each compliance well’s
median and the background median levels for each constituent;
(c) a tolerance or prediction interval procedure in which an interval for each
constituent is established from the distribution of the background data, and the level of each
constituent in each compliance well is compared to the upper tolerance or prediction limit;
(d) a control chart approach that gives control limits for each constituent; or
(e) another statistical test method approved by the Director.
(9) For both detection monitoring, as described in Subsection R315-308-2(5), and
assessment monitoring, as described in Subsection R315-308-2(12), the Director may specify
additional or fewer sampling and analysis events, no less than annually, depending upon the
nature of the ground water or the waste on a site-specific basis considering:
(a) lithology of the aquifer and unsaturated zone;

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(b) hydraulic conductivity of the aquifer and unsaturated zone;
(c) ground water flow rates;
(d) minimum distance between upgradient edge of the landfill unit and downgradient
monitoring well screen (minimum distance of travel); and
(e) resource value of the aquifer.
(10) The owner or operator must determine and report the ground water flow rate and
direction in the upper most aquifer each time the ground water is sampled.
(11) If the owner or operator determines that there is a statistically significant increase
over background in any parameter or constituent at any monitoring well at the compliance point,
the owner or operator must:
(a) within 14 days of the completion of the statistical analysis of the sample results
and within 30 days of the receipt of the sample results, enter the information in the operating
record and notify the Director of this finding in writing. The notification must indicate what
parameters or constituents have shown statistically significant changes; and
(b) immediately resample the ground water in all monitoring wells, both background
and downgradient, or in a subset of wells specified by the Director, and determine:
(i) the concentration of all constituents listed in Section R315-308-4, including
additional constituents that may have been identified in the approved ground water monitoring
plan;
(ii) if there is a statistically significant increase over background of any parameter or
constituent in any monitoring well at the compliance point; and
(iii) notify the Director in writing within seven days of the completion of the statistical
analysis of the sample results.
(c) The owner or operator may demonstrate that a source other than the solid waste
disposal facility caused the contamination or that the statistically significant change resulted
from error in sampling, analysis, statistical evaluation, or natural variation in ground water
quality. A report documenting this demonstration must be certified by a qualified ground-water
scientist and approved by the Director and entered in the operating record. If a successful
demonstration is made and documented, the owner or operator may continue monitoring as
specified in Subsection R315-308-2(5)(b).
(12) If, after 90 days, a successful demonstration as stipulated in Subsection R315-
308-2(11)(c) is not made, the owner or operator must initiate the assessment monitoring program
required as follows:

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(a) within 14 days of the determination that a successful demonstration is not made,
take one sample from each downgradient well and analyze for all constituents listed as Appendix
II in 40 CFR Part 258, 2001 ed., which is adopted and incorporated by reference.
(b) for any constituent detected from Appendix II, 40 CFR Part 258, in the
downgradient wells a minimum of four independent samples from the upgradient and four
independent samples from each downgradient well must be collected, analyzed, and statistically
evaluated to establish background concentration levels for the constituents; and
(c) within 14 days of the completion of the statistical analysis of the sample results
and within 30 days of the receipt of the sample results, place a notice in the operation record and
notify the Director in writing identifying the Appendix II, 40 CFR Part 258, constituents and
their concentrations that have been detected as well as background levels. The Director shall
establish a ground water quality protection standard pursuant to Subsection R315-308-2(6) for
any Appendix II, 40 CFR Part 258, constituent detected in the downgradient wells.
(d) The owner or operator shall thereafter resample:
(i) at a minimum, all downgradient wells on a quarterly basis for all constituents in
Section R315-308-4, or the alternative list that may have been approved as part of the permit,
and for those constituents detected from Appendix II, 40 CFR Part 258;
(ii) the downgradient wells on an annual basis for all constituents in Appendix II, 40
CFR Part 258; and
(iii) statistically analyze the results of all ground water monitoring samples.
(e) The Director may specify additional or fewer constituents depending upon the
nature of the ground water or the waste on a site specific basis considering:
(i) the types, quantities, and concentrations of constituents in wastes managed at the
landfill;
(ii) the mobility, stability, and persistence of waste constituents or their reaction
products in the unsaturated zone beneath the landfill;
(iii) the detectability of indicator parameters, waste constituents, and reaction products
in the ground water; and
(iv) the background concentration or values and coefficients of variation of
monitoring parameters or constituents in the ground water.
(f) If after two consecutive sampling events, the concentrations of all constituents
being analyzed in Subsection R315-308-2(12)(d)(i) are shown to be at or below established
background values, the owner or operator must notify the Director of this finding and may, upon
the approval of the Director, return to the monitoring schedule and constituents as specified in
Subsection R315-308-2(5)(b).

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(13) If one or more constituents from Section R315-308-4 or the approved alternative
list, or from those detected from Appendix II, 40 CFR Part 258, are detected at statistically
significant levels above the ground water quality protection standard as established pursuant to
Subsection R315- 308-2(6) in any sampling event, the owner or operator must:
(a) within 14 days of the receipt of this finding, place a notice in the operating record
identifying the constituents and concentrations that have exceeded the ground water quality
standard. Within the same time period, the owner or operator must also notify the Director and
all appropriate local governmental and local health officials that the ground water quality
standard has been exceeded;
(b) characterize the nature and extent of the release by installing additional
monitoring wells as necessary;
(c) install at least one additional monitoring well at the facility boundary in the
direction of contaminant migration and sample this well and analyze the sample for the
constituents in Section R315-308-4 or the approved alternative list and the detected constituents
from Appendix II, 40 CFR Part 258; and
(d) notify all persons who own the land or reside on the land that directly overlies any
part of the plume of contamination if contaminants have migrated off-site as indicated by
sampling of wells in accordance with Subsections R315-308-2(13)(b) and (13)(c).
(e) The owner or operator may demonstrate that a source other than the solid waste
disposal facility caused the contamination or that the statistically significant change resulted
from error in sampling, analysis, statistical evaluation, or natural variation in ground water
quality. A report documenting this demonstration must be certified by a qualified ground-water
scientist and approved by the Director and entered in the operating record. If a successful
demonstration is made, documented and approved, the owner or operator may continue
monitoring as specified in Subsection R315-308-2(12)(d) or Subsection R315-308-2(12)(e) when
applicable.
R315-308-3. Corrective Action Program.
(1) If, within 90 days, a successful demonstration as stated in Subsection R315-308-
2(13)(e) is not made, the owner or operator must:
(a) continue to monitor as required in Subsection R315-308-2(12)(d).
(b) take any interim measures as required by the Director or as necessary to ensure
the protection of human health and the environment; and
(c) assess possible corrective action measures for the current conditions and
circumstances of the disposal facility, addressing at least the following:
(i) the performance, reliability, ease of implementation, and potential impacts of
appropriate potential remedies, including safety impacts, cross-media impacts, and control
exposure to any residual contamination;

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(ii) time required to begin and complete the remedy;
(iii) the costs of remedy implementation;
(iv) public health or environmental requirements that may substantially affect
implementation of the remedy; and
(v) prior to the selection of a remedy, discuss the results of the corrective measures
assessment in a public meeting with interested and affected parties.
(d) Based on the results of the corrective measures assessment conducted and the
comments received in the public meeting, the owner or operator must select a remedy which
shall be submitted to the Director.
(i) The corrective action remedy must:
(A) be protective of human health and the environment;
(B) use permanent solutions that are within the capability of best available
technology;
(C) attain the established ground water quality standard;
(D) control the sources of release so as to reduce or eliminate, to the maximum extent
practicable, further releases of contaminants into the environment that may pose a threat to
human health or the environment; and
(E) be approved by the Director.
(ii) Within 14 days after the selection of the remedy the owner or operator must:
(A) amend the corrective action program required by Subsection R315-302-2(2)(e) if
necessary and send a report to the Director for approval describing the selected remedy and
amendments, along with a schedule of implementation and estimated time of completion; and
(B) put in place the financial assurance mechanism as required by Rule R315-309 for
corrective action and notify the Director of the financial assurance mechanism and its effective
date.
(2) Upon approval of the selected corrective action remedy, the Director will notify
the owner or operator of such approval and will require that the corrective action plan proceed
according to the approved schedule.
(a) The Director may also require facility closure if the ground water quality standard
is exceeded and, in addition, may revoke any permit and require reapplication.
(b) The Director or the owner or operator may determine, based on information
developed after implementation of the corrective action plan, that compliance with the
requirements of Subsection R315-308-3(1)(d)(i) of this section are not being achieved through

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the remedy selected. In such a case, the owner or operator must implement other methods or
techniques, upon approval by the Director, that could practicably achieve compliance with the
requirements.
(c) Upon completion of the remedy, the owner or operator shall notify the Director.
The notification shall contain certification signed by the owner or operator and a qualified
ground- water scientist that the concentration of contaminant constituents have been reduced to
levels below the specified limits of the ground water quality standard for a period of three years
or an alternative length of time specified by the Director. Upon approval of the Director the
owner or operator shall:
(i) terminate corrective action measures;
(ii) continue detection monitoring as required in Subsection R315-308-2(5)(b); and
(iii) be released from the requirements of financial assurance for corrective action.
R315-308-4. Constituents for Detection Monitoring.
The table lists the constituents for detection monitoring as specified by Subsection R315-
308-2(5), the CAS number for the constituents, and the ground water quality standard for the
constituents for any facility that is required to monitor ground water under Rule R315-308.
TABLE
Constituents for Detection Monitoring Ground Water
Protection Standard
Inorganic Constituents CAS (mg/l)
Ammonia (as N) 7664-41-7
Carbonate/Bicarbonate
Calcium
Chemical Oxygen Demand (COD) Chloride
Iron 7439-89-6
Magnesium
Manganese 7439-96-5
Nitrate (as N
pH
Potassium
Sodium
Sulfate
Total Dissolved Solids (TDS)
Total Organic Carbon (TOC)

Heavy Metals
Antimony 7440-36-0 0.006
Arsenic 7440-38-2 0.01
Barium7440-39-3 2
Beryllium 7440-41-7 0.004

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Cadmium 7440-43-9 0.005
Chromium 0.1
Cobalt 7440-48-4 2
Copper 7440-50-8 1.3
Lead 0.015
Mercury 7439-97-6 0.002
Nickel 7440-02-0 0.1
Selenium 7782-49-2 0.05

Silver 7440-22-4 0.1
Thallium 0.002
Vanadium 7440-62-2 0.3
Zinc 7440-66-6 5
Organic Constituents
Acetone 67-64-1 4
Acrylonitrile 107-13-1 0.1
Benzene 71-43-2 0.005
Bromochloromethane 74-97-5 0.01
Bromodichloromethane1 75-27-4 0.1
Bromoform1 75-25-2 0.1
Carbon disulfide 75-15-0 4
Carbon tetrachloride 56-23-5 0.005
Chlorobenzene 108-90-7 0.1
Chloroethane 75-00-3 15
Chloroform1 67-66-3 0.1
Dibromochloromethane1 124-48-1 0.1
1,2-Dibromo-3-chloropropane 96-12-8 0.0002
1,2-Dibromoethane 106-93-4 0.00005
1,2-Dichlorobenzene (ortho) 95-50-1 0.6
1,4-Dichlorobenzene (para) 106-46-7 0.075
trans-1,4-Dichloro-2-butene 110-57-6
1,1-Dichloroethane 75-34-3 4
1,2-Dichloroethane 107-06-2 0.005
1,1-Dichloroethylene 75-35-4 0.007
cis-1,2-Dichloroethylene 156-59-2 0.07
trans-1,2-Dichloroethylene 156-60-5 0.1
1,2-Dichloropropane 78-87-5 0.005
cis-1,3-Dichloropropene 10061-01-5 0.002
trans-1,3-Dichloropropene 10061-02-6 0.002
Ethylbenzene 100-41-4 0.7
2-Hexanone 591-78-6 1.5
Methyl bromide 74-83-9 0.01
Methyl chloride 74-87-3 0.003
Methylene bromide 74-95-3 0.4
Methylene chloride 75-09-2 0.005
Methyl ethyl ketone 78-93-3 0.17

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Methyl iodide 74-88-4
4-Methyl-2-pentanone108-10-1 3
Styrene 100-42-5 0.1
1,1,1,2-Tetrachloroethane 630-20-6 0.07
1,1,2,2-Tetrachloroethane 79-34-5 0.005
Tetrachloroethylene 127-18-4 0.005
Toluene 108-88-3 1
1,1,1-Trichloroethane 71-55-6 0.2
1,1,2-Trichloroethane 79-00-5 0.005
Trichloroethylene79-01-6 0.005
Trichlorofluoromethane 75-69-4 10
1,2,3-Trichloropropane 96-18-4 0.04
Vinyl acetate 108-05-4 37

Vinyl Chloride 75-01-4 0.002
Xylenes 1330-20-7 10

[1] The ground water protection standard of 0.1 mg/l is for the total of
Bromodichloromethane, Bromoform, Chloroform, and Dibromochloromethane.
R315-308-5. Solid Waste Groundwater Quality Protection Standards for 40 CFR 258
Appendix II Constituents.
The table lists the CAS number for each constituent and the groundwater quality
protection standards which are currently available for the 40 CFR 258 Appendix II constituents
required for assessment monitoring of groundwater at a solid waste facility as specified by
Subsection R315- 308-2(12).
Table
Appendix II Constituent CAS Groundwater Protection Standard (mg/l)
2,4-D 94-75-7 0.07
2,4,5-T 93-76-5 0.37
2,4,5-TP 93-72-1 0.05
Anthracene 120-12-7 10
Benzo(a)pyrene 50-32-8 0.0002
bis(2-Ethylhexy)phthalate 117-81-7 0.006
Chlordane 57-74-9 0.002
Cyanide 57-12-5 0.2
Dinoseb 88-85-7 0.007
Endrin 72-20-8 0.002
Heptachlor 76-44-8 0.0004
Heptachlor epoxide 1024-57-3 0.0002
Hexachlorobenzene 118-74-1 0.001
Hexachlorocyclopentadiene 77-47-4 0.05
Lindane 58-89-9 0.0002
Methoxychlor 72-43-5 0.04
Pentachlorophenol 87-86-5 0.001

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Polychlorinated (biphenyls PCBs) 1336-36-3 0.0005
Tin 7440-31-5 21.9
Toxaphene 8001-35-2 0.003
1,2,4-Trichlorobenzene 120-82-1 0.07

R315-309. Financial Assurance. R315-309-1. Applicability.
(1) The owner or operator of any solid waste disposal facility [requiring a
permit]subject to the requirements for a permit under Subsection R315-310-1(a), or as otherwise
required by the director, shall establish financial assurance sufficient to assure adequate closure,
post-closure care, and corrective action, if required, of the facility by compliance with one or
more financial assurance mechanisms acceptable to and approved by the Director.
(2) Financial assurance is not required for a solid waste disposal facility that is owned
or operated by the State of Utah or the Federal government.
(3) Existing Facilities.
(a) An existing facility shall have the financial assurance mechanism in place and
effective according to the compliance schedule as established for the facility by the Director.
(b) In the case of corrective action, the financial assurance mechanism shall be in
place and effective no later than 120 days after the corrective action remedy has been selected.
(4) A new facility or an existing facility seeking lateral expansion shall have the
financial assurance mechanism in place and effective before the initial receipt of waste at the
facility or the lateral expansion.
R315-309-2. General Requirements.
(1) A financial assurance plan, including the assurance mechanism proposed for use,
shall be submitted:
(a) for new facilities, upon initial permit application; and
(b) for existing facilities, to meet the effective dates specified in Subsection R315-
309-1(3).
(2) The financial assurance shall be updated each year as part of the annual report
required by Subsection R315-302-2(4) to adjust for inflation or facility modification that would
affect closure or post-closure care costs. The annual update of the financial assurance shall be
reviewed and must be approved by the Director prior to implementation.
(3) Financial assurance cost estimates shall be based on a third party preforming
closure or post-closure care.
(a) The closure cost estimate shall be based on the most expensive cost to close the
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in accordance with the closure plan and at a minimum must contain the following elements if
applicable:
(i) the cost of obtaining, moving, and placing the cover material;
(ii) the cost of final grading of the cover material;
(iii) the cost of moving and placing topsoil on the final cover;
(iv) the cost of fertilizing, seeding, and mulching or other approved method; and
(v) the cost of removing any stored items or materials, buildings, equipment, or other
items or materials not needed at the closed facility.
(b) The post-closure care cost estimate shall be based on the most expensive cost of
completing the post-closure care reasonably expected during the post-closure care period and
must contain the following elements:
(i) ground water monitoring, if required, including number of monitor wells,
parameters to be monitored, frequency of sampling, and cost per sampling;
(ii) leachate monitoring and treatment if necessary;
(iii) gas monitoring and control if required; and
(iv) cover stabilization which will include an estimate of the area and cost for
expected annual work to repair residual settlement, control erosion, or reseed.
(4) Any facility for which financial assurance is required for post-closure care must
have a financial assurance mechanism, which will cover the costs of post-closure care, in effect
and active until the Director determines that the post-closure care is complete.
(5) Financial assurance for corrective action shall be required only in cases of known
releases of contaminants from a facility and shall be a current cost estimate for corrective action
based on the most expensive cost of a third party performing the corrective action that may be
required.
R315-309-3. General Requirements for Financial Assurance Mechanisms.
(1) Any financial assurance mechanism in place for a solid waste facility:
(a) must be legally valid, binding, and enforceable under Utah and Federal law;
(b) must ensure that funds will be available in a timely fashion when needed; and
(c) any financial assurance mechanism that guarantees payment rather than
performance, but does not allow the Director to approve partial payments to a third party, shall
establish a standby trust at the time the financial assurance mechanism is established.

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(i) In the case of a financial assurance mechanism for which the establishment of a
standby trust is required, the standby trust fund shall meet the requirements of Subsections R315-
309-4(1), (2), and (4).
(ii) Payments from the financial assurance mechanism shall be deposited directly into
the standby trust fund and payments from the standby trust fund must be approved by the
Director and the trustee.
(2) The owner or operator of a solid waste facility that is required to provide financial
assurance:
(a) shall submit the required documentation of the financial assurance mechanism to
the Director;
(b) prior to the financial assurance mechanism becoming effective and active for a
solid waste facility, the mechanism must be approved by the Director; and
(c) Financial assurance mechanism documents submitted to the Director shall be
signed originals or signed duplicate originals.
(3) The owner or operator of a solid waste facility may establish financial assurance
by any mechanism that meets the requirements of Subsection R315-309-1(1) as approved by the
Director.
(4) The owner or operator of a solid waste facility may establish financial assurance
by a combination of mechanisms that together meet the requirements of Subsection R315-309-
1(1) as approved by the Director. Except for the conditions specified in Subsection R315-309-
8(6)(c), financial assurance mechanisms guaranteeing performance, rather than payment, may
not be combined with other instruments.
R315-309-4. Trust Fund.
(1) The owner or operator of a solid waste facility may establish a trust fund and
appoint a trustee as a financial assurance mechanism. The trust fund and trustee must be with an
entity that has the authority to establish trust funds and act as a trustee and whose operations are
regulated and examined by a Federal or state agency.
(2) The owner or operator shall submit a signed original of the trust agreement to the
Director for approval and shall place a signed original of the trust agreement in the operating
record of the solid waste disposal facility.
(3) Payments into the trust fund must be made annually by the owner or operator
according to the following schedule:
(a) for a trust fund for closure and post-closure care, annual payments that will ensure
the availability of sufficient funds within the permit term or the remaining life of the facility,
whichever is shorter for the cost estimates required in Subsection R315-309-2(3). The initial
payment into the trust fund must be made, for a new facility or a lateral expansion of an existing

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facility, before the initial receipt of waste and for an existing facility, in accordance with the
effective dates specified in Subsection R315-309-1(3)(a); or
(b) for a trust fund for corrective action, annual payments that will ensure the
availability of sufficient funds within one-half of the estimated length in years of the corrective
action program for the cost estimate required by Subsection R315-309-2(5). Payments shall be
determined as follows:
(i) The first payment shall be at least equal to one-half of the current cost estimate
for the corrective action divided by one-half the estimated length of the corrective action
program. The initial payment into the trust fund shall be made in accordance with the schedule
specified in Subsection R315-309-1(3)(b).
(ii) The amount of subsequent payments must be determined by the following
formula: Next Payment = (RB-CV)/Y where RB is the most recent estimate of the required trust
fund balance for corrective action (i.e., the total cost that will be incurred during the second half
of the corrective action period), CV is the current value of the trust fund, and Y is the number of
years remaining in the pay-in period.
(4) The owner or operator, or other person authorized to conduct closure, post-
closure, or corrective action may request reimbursement from the trustee for closure, post-
closure, or corrective action costs.
(a) Prior to the release of funds by the trustee, the request for reimbursement must be
approved by the Director. The Director shall act upon the reimbursement request within 30 days
of receiving the request.
(b) After receiving approval from the Director, the request for reimbursement may be
granted by the trustee only if sufficient funds are remaining to cover the remaining costs and if
justification and documentation of the costs is placed in the operating record.
(c) The owner or operator shall notify the Director that documentation for the
reimbursement has been placed in the operating record and that the reimbursement has been
received.
R315-309-5. Surety Bond Guaranteeing Payment or Performance.
(1) The owner or operator of a solid waste facility may provide a surety bond for a
financial assurance mechanism. The bond must be effective, for a new facility or a lateral
expansion of an existing facility, before the initial receipt of waste or, for an existing facility, in
accordance with the effective dates specified in Subsection R315-309-1(3).
(2) The surety company issuing the bond must, at a minimum, be among those listed
as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury
and the owner or operator must notify the Director that a copy of the bond has been placed in the
operating record.

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(3) The penal sum of the bond must be in an amount at least equal to the closure,
post-closure, or corrective action cost estimates of Subsection R315-309-2(3) or Subsection
R315-309-2(5), whichever is applicable.
(4) Under the terms of the bond, the surety will become liable on the bond obligation
when the owner or operator fails to perform as guaranteed by the bond.
(a) In the case of a payment bond, the surety shall pay the costs of closure and post-
closure care if the owner or operator fails to complete closure and post-closure care activities.
(b) In the case of a performance bond, the surety shall perform closure and post-
closure care on behalf of the owner or operator if the owner or operator fails to complete closure
and post-closure care activities.
(5) The surety bond guaranteeing payment or performance shall contain provisions
preventing cancellation except under the following conditions:
(a) if the surety sends notice of cancellation by certified mail to the owner or operator
and the Director 120 days in advance of the cancellation date; or
(b) if an alternative financial assurance mechanism has been obtained by the owner or
operator.
R315-309-6. Insurance.
(1) The owner or operator of a solid waste facility may provide insurance as a
financial assurance mechanism. The insurance must be effective, for a new facility or a lateral
expansion of an existing facility, before the initial receipt of waste or, for an existing facility, in
accordance with the effective dates specified in Subsection R315-309-1(3).
(2) At a minimum, the insurer must be licensed to transact the business of insurance,
or eligible to provide insurance as an excess or surplus lines insurer, in one or more states, and
the owner or operator must notify the Director that a copy of the insurance policy has been
placed in the operating record.
(3) The insurance policy must guarantee that funds will be available to close the
facility or unit and provide post-closure care or provide corrective action, if applicable. The
policy must also guarantee that the insurer will be responsible for paying out funds, as directed in
writing by the Director, to the owner or operator or other person authorized to conduct closure,
post-closure, or corrective action, if applicable, up to an amount equal to the face amount of the
policy.
(4) The insurance policy must be issued for a face amount at least equal to the
closure, post- closure, or corrective action cost estimates required by Subsection R315-309-2(3)
or Subsection R315-309-2(5), whichever is applicable.
(5) An owner or operator, or other authorized person may receive reimbursements for
closure, post-closure, or corrective action, if applicable, if the remaining value of the policy is

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sufficient to cover the remaining costs of the work required and if justification and
documentation of the cost is placed in the operating record. The owner or operator must notify
the Director that the documentation and justification for the reimbursement has been placed in
the operating record and that the reimbursement has been received.
(6) Each policy must contain a provision allowing assignment of the policy to a
successor owner or operator.
(7) The insurance policy must provide that the insurer may not cancel, terminate, or
fail to renew the policy except for failure to pay the premium. If there is a failure to pay the
premium, the insurer may cancel the policy by sending notice of cancellation by certified mail to
the owner or operator and the Director 120 days in advance of cancellation. If the insurer cancels
the policy, the owner or operator must obtain alternate financial assurance.
(8) The insurer shall certify through the use of an insurance endorsement specified by
the Director that the policy issued provides insurance covering closure costs, post-closure costs,
or corrective action costs.
R315-309-7. Letter of Credit.
(1) The owner or operator of a solid waste facility may provide a letter of credit as a
financial assurance mechanism. The letter of credit must be irrevocable and issued for a period of
at least one year in the amount at least equal to the current cost estimate as required by
Subsection R315-309-2(3) for closure and post-closure care or the cost estimate as required by
Subsection R315-309-2(5) for corrective action, if necessary.
(2) The institution issuing the letter of credit must be an entity which has the
authority to issue a letter of credit and whose operations are regulated and examined by a Federal
or state agency.
(3) The letter of credit must be effective for closure and post-closure care:
(a) for a new facility or a lateral expansion of an existing facility, before the initial
receipt of waste;
(b) for an existing facility, in accordance with the effective dates specified in
Subsection R315-309-1(3)(a); and
(c) for corrective action, in accordance with the schedule specified in Subsection
R315-309- 1(3)(b).
(4) The letter of credit must provide that the expiration date will be automatically
extended for a period of at least one year unless the issuing institution has elected not to extend
the letter of credit by sending notice by certified mail to the owner or operator and the Director
120 days in advance of the expiration.

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(5) If the letter of credit is not extended by the issuing institution, the owner or
operator shall obtain alternate financial assurance which will become effective on or before the
expiration date.
R315-309-8. Local Government Financial Test.
(Omitted from this document, based on current ownership of Class VII facilities.)
R315-309-9. Corporate Financial Test.
(1) The terms used specifically in Section R315-309-9 are defined as follows.
(a) “Assets” means all existing and probable future economic benefits obtained or
controlled by a particular entity.
(b) “Current assets” means cash or other assets or resources commonly identified as
those which are reasonably expected to be realized in cash or sold or consumed during the
normal operating cycle of the business.
(c) “Current liabilities” means obligations whose liquidation is reasonably expected
to require the use of existing resources properly classifiable as current assets or the creation of
other current liabilities.
(d) “Current plugging and abandonment cost estimate” means the most recent of the
estimates prepared in accordance with 40 CFR 144.62(a), (b), and (c) (2001) which is adopted
and incorporated by reference.
(e) “Independently audited” means an audit performed by and independent certified
public accountant in accordance with generally accepted auditing standards.
(f) “Liabilities” means probable future sacrifices of economic benefits arising from
present obligations to transfer assets or provide services to other entities in the future as a result
of past transactions or events.
(g) “Net working capital” means current assets minus current liabilities.
(h) “Net worth” means total assets minus total liabilities and is equivalent to owner’s
equity.
(i) “Tangible net worth” means the tangible assets that remain after deducting
liabilities; such assets would not include intangibles such as goodwill and rights to patents or
royalties.
(2) A corporate owner or operator of a solid waste facility may demonstrate financial
assurance up to the current cost estimate as required by Subsection R315-309-2(3) for closure
and post- closure care and the cost estimate required by Subsection R315-309-2(5) for corrective
action, if required, by meeting the following requirements.

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(a) The owner or operator must satisfy one of the following three conditions:
(i) a current rating for its senior unsubordinated debt of AAA, AA, A, or BBB as
issued by Standard and Poor’s or Aaa, Aa, A, or Baa as issued by Moody’s; or
(ii) a ratio of less than 1.5 comparing total liabilities to net worth: or
(iii) a ratio of greater than 0.10 comparing the sum of net income plus depreciation,
depletion and amortization, minus $10 million, to total liabilities.
(b) The tangible net worth of the owner or operator must be greater than:
(i) the sum of the current closure, post-closure care, and corrective action cost
estimates and any other environmental obligation, including guarantees, covered by a financial
test plus $10 million except as provided in Subsection R315-309-9(2)(b)(ii);
(ii) $10 million in net worth plus the amount of any guarantees that have not been
recognized as liabilities on the financial statements provided all of the current closure, post-
closure care, and corrective action costs and any other environmental obligations covered by a
financial test are recognized as liabilities on the owner’s or operator’s audited financial
statements, and subject to the approval of the Director.
(c) The owner or operator must have assets located in the United States amounting to
at least the sum of current closure, post-closure care, corrective action cost estimates and any
other environmental obligations covered by a financial test.
(3) The owner or operator must place the following items into the facility’s operating
record and submit a copy of these items to the Director for approval:
(a) a letter signed by the owner’s or operator’s chief financial officer that:
(i) lists all current cost estimates for closure, post-closure care, corrective action, and
any other environmental obligations covered by a financial test; and
(ii) provides evidence demonstrating that the firm meets the conditions of Subsection
R315-309-9(2)(a)(i), or (a)(ii), or (a)(iii) and Subsections R315-309-9(2)(b) and (c); and
(b) a copy of the independent certified public accountant’s unqualified opinion of the
owner’s or operator’s financial statements for the latest completed fiscal year.
(i) To be eligible to use the financial test, the owner’s or operator’s financial
statements must receive an unqualified opinion from the independent certified public accountant.
(ii) The Director may evaluate qualified opinions on a case-by-case basis and allow
use of the financial test where the Director deems the matters which form the basis for the
qualification are insufficient to warrant disallowance of the test.

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(c) If the chief financial officer’s letter providing evidence of financial assurance
includes financial data showing that the owner or operator satisfies Subsection R315-309-
9(2)(a)(i) or (ii) that are different from data in the audited financial statements or data filed with
the Securities and Exchange Commission, then a special report from the owner’s or operator’s
independent certified public accountant is required. The special report shall:
(i) be based upon an agreed upon procedures engagement in accordance with
professional auditing standards;
(ii) describe the procedures performed in comparing the data in the chief financial
officer’s letter derived from the independently audited, year-end financial statements;
(iii) describe the findings of that comparison; and
(iv) explain the reasons for any differences.
(d) If the chief financial officer’s letter provides a demonstration that the firm has
assured environmental obligations as provided in Subsection R315-309-9(2)(b)(ii), then the letter
shall include a report from the independent certified public accountant that:
(i) verifies that all of the environmental obligations covered by a financial test have
been recognized as liabilities on the audited financial statements;
(ii) explains how these obligations have been measured and reported; and
(iii) certifies that the tangible net worth of the firm is at least $10 million plus the
amount of all guarantees provided.
(e) The items required by Subsection R315-309-9(3) are to be submitted to the
Director and copies placed in the facility’s operating record as follows:
(i) in the case of closure and post-closure care, for a new facility or a lateral
expansion of an existing facility, before the initial receipt of waste;
(ii) in the case of closure and post-closure care, for an existing facility, in accordance
with the effective dates specified in Subsection R315-309-1(3)(a); and
(iii) in the case of corrective action, in accordance with the schedule specified in
Subsection R315-309-1(3)(b).
(4) A firm must satisfy the requirements of the financial test at the close of each fiscal
year by submitting the items required in Subsection R315-309-9(3) as part of the facility’s
annual report required by Subsection R315-302-2(4).
(5) If the firm no longer meets the requirements of the corporate financial test it shall,
within 120 days following the close of the firm’s fiscal year:

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(a) obtain alternative financial assurance that meets the requirements of R315-309-
1(1); and
(b) submit documentation of the alternative financial assurance to the Director and
place copies of the documentation in the facility’s operating record.
(c) The Director, based on a reasonable belief that the firm may no longer meet the
requirements of the corporate financial test, may require additional reports of financial condition
from the firm at any time. If the Director finds that the firm no longer meets the requirements of
the corporate financial test, firm shall be required to provide alternative financial assurance on a
schedule established by the Director.
(6) Corporate Guarantee.
(a) A corporate owner or operator of a solid waste facility may demonstrate financial
assurance for closure, post-closure care, and corrective action by obtaining a written guarantee
provided by a corporation.
(i) The guarantor must be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the owner or operator,
or a firm with a substantial business relationship with the owner or operator.
(ii) The firm shall meet the requirements of the corporate financial test in Section
R315- 309-9 and shall comply with the terms of the written guarantee as specified in Subsections
R315- 309-3(6)(b) and (c).
(A) A certified copy of the guarantee along with copies of the letter from the
guarantor’s chief financial officer and accountant’s opinions must be submitted to the Director
and placed in the facility’s operating record.
(B) If the guarantor’s parent corporation is also the parent corporation of the owner or
operator, the letter from the guarantor’s chief financial officer must describe the value received
in consideration of the guarantee.
(C) If the guarantor is a firm with a substantial business relationship with the owner or
operator, the letter from the chief financial officer must describe this substantial business
relationship and the value received in consideration of the guarantee.
(b) The guarantee must be effective for closure and post-closure care:
(i) for a new facility or a lateral expansion of an existing facility, before the initial
receipt of waste;
(ii) for an existing facility, in accordance with the effective dates specified in
Subsection R315-309-1(3)(a); and
(iii) for corrective action, in accordance with the schedule specified in Subsection
R315- 309-1(3)(b).

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(c) The guarantee shall provide that if the owner or operator fails to perform closure,
post- closure care, or corrective action of a facility covered by the guarantee, the guarantor will:
(i) perform, or pay a third party to perform, closure, post-closure, or corrective action
as required; or
(ii) establish a fully funded trust fund as specified in Section R315-309-4 in the name
of the owner or operator.
(d) The guarantee will remain in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the Director. Cancellation may not
occur until 120 days after the date the notice is received by the Director.
(e) If the guarantee is canceled, the owner or operator shall, within 90 days following
the receipt of the cancellation notice:
(i) obtain alternate financial assurance that meets the requirements of Subsection
R315- 309-1(1);
(ii) submit documentation of the alternate financial assurance to the Director; and
(iii) place copies of the documentation of the alternate financial assurance in the
facility’s operating record.
(iv) If the owner or operator fails to provide alternate financial assurance within the 90
day period, the guarantor must provide the alternate financial assurance within 120 days
following the guarantor’s notice of cancellation, submit documentation of the alternate financial
assurance to the Director for review and approval, and place copies of the documentation in the
facility’s operating record.
(f) If a corporate guarantor no longer meets the requirements of the corporate
financial test as specified in Section R315-309-9:
(i) the owner or operator must, within 90 days, obtain alternate financial assurance;
and
(ii) submit documentation of the alternate financial assurance to the Director and
place copies of this documentation in the facility’s operating record.
(iii) If the owner or operator fails to provide alternate financial assurance within the
90- day period, the guarantor must provide that alternate assurance within the next 30 days.
R315-309-10. Discounting.
(1) The Director may allow discounting of closure, post-closure care, or corrective
action costs up to the rate of return for essentially risk free investments, net inflation.
(2) Discounting may be allowed under the following conditions:

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(a) the Director determines that cost estimates are complete and accurate and the
owner or operator has submitted a statement from a professional engineer registered in the state
of Utah so stating;
(b) the Director finds the facility in compliance with all applicable Utah Solid Waste
Permitting and Management Rules and in compliance with all conditions of the facility’s permit
issued under the rules;
(c) the Director determines that the closure date is certain and the owner or operator
certifies that there are no foreseeable factors that will change the estimate of the facility life; and
(d) discounted cost estimates must be adjusted annually to reflect inflation and years
of remaining facility life.
R315-309-11. Termination of Financial Assurance.
The owner or operator of a solid waste facility may terminate or cancel an active
financial assurance mechanism under the following conditions:
(1) if the owner or operator establishes alternate financial assurance as approved by
the Director; or
(2) if the owner or operator is released from the financial assurance requirements by
the Director after meeting the conditions and requirements of Subsections R315-302-3(7)(b) and
(c) or Subsection R315-308-3(2)(c), whichever is applicable.
26 R315-310. Permit Requirements for Solid Waste Facilities. R315-310-1.
Applicability.
(1) [The following s]Solid waste facilities subject to the requirements of Rules R315-
301 through R315-320 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, IV, V, VI, VII, and coal combustion residual
(CCR) Landfills and coal combustion residual surface impoundments;
([b]ii) Class I, II, III, IV, V, and VI Landfills that have closed but have not met the
requirements of Subsection R315-302-3(7);
([c]iii) incinerator facilities that are regulated by Rule R315-306;
([d]iv) land[ ]treatment disposal facilities that are regulated by Rule R315-307;[ and]
([d]v) waste tire storage facilities; and[.]
(vi) solid waste surface impoundments that are regulated by Rule R315-322.

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(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, 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 when 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 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, where 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 prior to 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 all requirements for the desired class, or subclass, to
include obtaining a new permit from the Director for the desired class, or subclass, of landfill.
(5) Any facility that is in operation at the time that a permit is required for the facility
by Subsection R315-310-1(a) 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(a) may
continue to operate during the permit review period but must meet all applicable requirements of
rules R315-301 through [320]R315-322 unless an alternative requirement has been approved by
the Director.

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R315-310-2. Procedures for Permits.
(1) Prospective applicants may request the Director to schedule a pre-application
conference to discuss the proposed solid waste facility and application contents before the
application is filed.
(2) Any owner or operator who intends to operate a facility subject to the permit
requirements must apply for a permit with the Director.[ Two copies of the application, signed
by the owner or operator and received by the Director are required before permit review can
begin.]
(3) Applications for a permit must be completed in the format prescribed by the
Director.
(4) An application for a permit, all reports required by a permit, and other
information requested by the Director shall be signed as follows:
(a) for a corporation: by a principal executive officer of at least the level of vice-
president;
(b) for a partnership or sole proprietorship: by a general partner or the proprietor;
(c) for a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official; or
(d) by a duly authorized representative of the person above, as appropriate.
(i) A person is a duly authorized representative only if the authorization is made in
writing, to the Director, by a person described in Subsections R315-310-2(4)(a), (b), or (c), as
appropriate.
(ii) The authorization may specify either a named individual or a position having
responsibility for the overall operation of the regulated facility or activity, such as the position of
facility manager, director, superintendent, or other position of equivalent responsibility.
(iii) If an authorization is no longer accurate and needs to be changed because a
different individual or position has responsibility for the overall operation of the facility, a new
authorization that meets the requirements of Subsections R315-310-2(4)(d)(i) and (ii) shall be
submitted to the Director prior to or together with any report, information, or application to be
signed by the authorized representative.
(5) Filing Fee and Permit Review Fee.
(a) A filing fee, as required by the Annual Appropriations Act, shall accompany the
filing of an application for a permit. The review of the application will not begin until the filing
fee is received.

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(b) A review fee, as established by the Annual Appropriations Act, shall be charged
at an hourly rate for the review of an application. The review fee shall be billed quarterly and
shall be due and payable quarterly.
(6) All contents and materials submitted as a permit application shall become part of
the approved permit and shall be part of the operating record of the solid waste disposal facility.
(7) The owner or operator, or both, of a facility shall apply for renewal of the
facility’s permit every ten years.
R315-310-3. General Contents of a Permit Application for a New Facility or a Facility
Seeking Expansion.
(1) Each permit application for a new facility or a facility seeking expansion shall
contain the following:
(a) the name and address of the applicant, property owner, and responsible party for
the site operation;
(b) a general description of the facility accompanied by facility plans and drawings
and, except for [Class IIIb, IVb, and Class VI Landfills and waste tire storage facilities, unless
required by the Director]facilities listed in Subsection R315-310-3(1)(b)(i), the facility plans and
drawings shall be signed and sealed by a professional engineer registered in the State of Utah;
(i) Plans and drawings for the following facilities do not require the signature or seal
of a professional engineer registered in the State of Utah, unless required by the director:
(A) Class IIIb facilities;
(B) Class IVb facilities;
(C) Class VI facilities;
(D) Class VII facilities that are not surface impoundments; and
(E) waste tire storage facilities.
(c) a legal description and proof of ownership, lease agreement, or other mechanism
approved by the Director of the proposed site, latitude and longitude map coordinates of the
facility’s front gate, and maps of the proposed facility site including land use and zoning of the
surrounding area;
(d) the types of waste to be handled at the facility and area served by the facility;
(e) the plan of operation required by Subsection R315-302-2(2);
(f) the form used to record weights or volumes of wastes received required by
Subsection R315-302-2(3)(a)(i);

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(g) an inspection schedule and inspection log required by Subsection R315-302-
2(5)(a);
(h) the closure and post-closure plans required by Section R315-302-3;
(i) documentation to show that any waste water treatment facility, such as a run-off
or a leachate treatment system, is being reviewed or has been reviewed by the Division of Water
Quality;
(j) a proposed financial assurance plan that meets the requirements of Rule R315-
309; and
(k) A historical and archeological identification efforts, which may include an
archaeological survey conducted by a person holding a valid license to conduct surveys issued
under R694-1.
(l) An application for a new facility that is owned or operated by a local government
shall include financial information that discloses the costs of establishing and operating the
facility, including:
(i) land acquisition and leasing;
(ii) construction;
(iii) estimated annual operation;
(iv) equipment;
(v) ancillary structures;
(vi) roads;
(vii) transfer stations; and
(viii) other operations not contiguous to the proposed facility that are necessary to
support the facility’s construction and operation.
(2) Public Participation Requirements.
(a) Each permit application shall provide:
(i) the name and address of all owners of property within 1,000 feet of the proposed
solid waste facility; and
(ii) documentation that a notice of intent to apply for a permit for a solid waste
facility has been sent to all property owners identified in Subsection R315-310-3(3)(a)(i).
(iii) the Director with the name of the local government with jurisdiction over the site
and the mailing address of that local government office.

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(b) The Director shall send a letter to each person identified in Subsection R315-310-
3(3)(a)(i) and (iii) requesting that they reply, in writing, if they desire their name to be placed on
an interested party list to receive further public information concerning the proposed facility.
(3) Special Requirements for a Commercial Solid Waste Disposal Facility.
(a) The permit application for a commercial nonhazardous solid waste disposal
facility shall contain the information required by Subsections 19-6-108[(9) and ](10), including
information to demonstrate that the requirements of Subsection 19-6-108(11) are satisfied.
(b) Subsequent to the issuance of a solid waste permit by the Director, a commercial
nonhazardous solid waste disposal facility shall meet the requirements of Subsection 19-6-
108(3)(c) and provide documentation to the Director that the solid waste disposal facility is
approved by the local government, the Legislature, and the governor.
(c) Construction of the commercial solid waste disposal facility may not begin until
the requirements of Subsections R315-310-3(2)(b) are met and approval to begin construction
has been granted by the Director.
(d) Commercial solid waste disposal facilities solely under contract with a local
government within the state to dispose of nonhazardous solid waste generated within the
boundaries of the local government are not subject to Subsections R315-310-3(2)(a), (b), and (c).
(e) The governor’s approval and legislative approval may be automatically revoked
in accordance with Subsections 19-6-108(3)(c)(iv) and 19-6-108(3)(c)(v).
R315-310-4. Contents of a Permit Application for a New or Expanded Class I, II, III, IV, V,
[and ]VI, and VII Landfill Facility, or a Solid Waste Surface Impoundment, as Specified.
(1) Each application for a new or expanded landfill shall contain the information
required by Section R315-310-3.
(2) Each application shall also contain:
(a) the following maps shall be included in a permit application for a Class I, II, III,
IV, V, [and]VI, and VII Landfill:
(i) topographic map of the landfill unit drawn to a scale of 200 feet to the inch
containing five foot contour intervals where the relief exceeds 20 feet and two foot contour
intervals where the relief is less than 20 feet, showing the boundaries of the landfill unit, ground
water monitoring wells, landfill gas monitoring points, and borrow and fill areas; and
(ii) the most recent full size U.S. Geological Survey topographic map, 7-1/2 minute
series, if printed, or other recent topographic survey of equivalent detail of the area, showing the
waste facility boundary, the property boundary, surface drainage channels, existing utilities, and
structures within one-fourth mile of the facility site, and the direction of the prevailing winds.

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(b) a permit application for a Class I, II, IIIa, Iva, and V Landfill, and a Class VII
Landfill or any solid waste surface impoundment that accepts very small quantity generator
waste, shall contain a geohydrological assessment of the facility that addresses:
(i) local and regional geology and hydrology, including faults, unstable slopes and
subsidence areas on site;
(ii) evaluation of bedrock and soil types and properties, including permeability rates;
(iii) depths to ground water or aquifers;
(iv) direction and flow rate of ground water;
(v) quantity, location, and construction of any private and public wells on the site and
within 2,000 feet of the facility boundary;
(vi) tabulation of all water rights for ground water and surface water on the site and
within 2,000 feet of the facility boundary;
(vii) identification and description of all surface waters on the site and within one mile
of the facility boundary;
(viii) background ground and surface water quality assessment and identification of
impacts of the existing facility upon ground and surface waters from landfill leachate discharges;
(ix) calculation of a site water balance; and
(x) conceptual design of a ground water and surface water monitoring system,
including proposed installation methods for these devices and where applicable, a vadose zone
monitoring plan;
(c) a permit application for a Class I, II, IIIa, IVa, and V Landfill shall contain an
engineering report, plans, specifications, and calculations that address:
(i) how the facility will meet the location standards pursuant to Section R315-302-1
including documentation of any demonstration made with respect to any location standard;
(ii) the basis for calculating the facility’s life;
(iii) cell design to include liner design, cover design, fill methods, elevation of final
cover and bottom liner, and equipment requirements and availability;
(iv) identification of borrow sources for daily and final cover, and for soil liners;
(v) interim and final leachate collection, treatment, and disposal;
(vi) ground water monitoring plan that meets the requirements of Rule R315-308;

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(vii) landfill gas monitoring and control that meets the requirements of Subsection
R315- 303-3(5);
(viii) design and location of run-on and run-off control systems;
(ix) closure and post-closure design, construction, maintenance, and land use; and
27 (x) quality control and quality assurance for the construction of any engineered
structure or feature, excluding buildings at landfills, at the solid waste disposal facility and for
any applicable activity such as ground water monitoring.
(d) a permit application for a Class I, II, III, IV, V, and VI Landfill, or a solid waste
surface impoundment shall contain a closure plan to address:
(i) closure schedule;
(ii) capacity of the solid waste disposal facility in volume and tonnage;
(iii) final inspection by regulatory agencies; and
(iv) identification of closure costs including cost calculations and the funding
mechanism.
(e) a permit application for a Class I, II, III, IV, V, [and ]VI, and VII Landfill, or a
solid waste surface impoundment, shall contain a post-closure plan to address, as appropriate for
the specific [landfill]facility:
(i) site monitoring of:
(A) landfill gas on a quarterly basis until the conditions of either Subsection R315-
302-3(7)(b) or Subsection R315-302-3(7)(c) are met;
(B) ground water on a semiannual basis, or other schedule as determined by the
Director, until the conditions of either Subsection R315-302-3(7)(b) or Subsection R315-302-
3(7)(c) are met; and
(C) surface water, if required, on the schedule specified by the Director and until the
Director determines that the monitoring of surface water may be discontinued;
(ii) inspections of the landfill by the owner or operator:
(A) for landfills that are required to monitor landfill gas, and Class II Landfills, on a
quarterly basis; and
(B) for other landfills that are not required to monitor landfill gas, on a semiannual
basis;
(iii) maintenance activities to maintain cover and run-on and run-off systems;

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(iv) identification of post-closure costs including cost calculations and the funding
mechanism;
(v) changes to record of title as specified by Subsection R315-302-2(6); and
(vi) list the name, address, and telephone number of the person or office to contact
about the facility during the post-closure period.
R315-310-5. Contents of a Permit Application for a New or Expanding Class III, IV, [or
]VI Landfill, or a Solid Waste Surface Impoundment.
(1) Each application for a permit for a new Class III, IV, or VI landfill or for a permit
to expand an existing Class III, IV, or VI Landfill, or a solid waste surface impoundment, shall
contain the information required in Section R315-310-3.
(2) Each application shall also contain an engineering report, plans, specifications,
and calculations that address:
(a) the information and maps required by Subsections R315-310-4(2)(a)(i) and (ii);
(b) the design and location of the run-on and run-off control systems;
(c) the information required by Subsections R315-310-4(2)(d) and (e);
(d) the area to be served by the facility; and
(e) how the facility will meet the requirements of Rule R315-304[,] for a Class III
Landfill, [or
]Rule R315-305[,] for a Class IV or VI Landfill, or Rule R315-322 for a solid waste
surface impoundment.
(3) Each application for a Class IIIa or Class IVa Landfill permit shall also contain
the applicable information required in Subsections R315-310-4(2)(b) and (c).
R315-310-6. Contents of a Permit Application for a New or Expanding Landtreatment
Disposal Facility.
(Omitted from this document because it is not applicable to facilities accepting E&P
waste.)
R315-310-7. Contents of a Permit Application for a New or Expanding Incinerator Facility.
(Omitted from this document because it is not applicable to facilities accepting E&P
waste.)

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R315-310-8. Contents of a Permit Application for a New or Expanding Waste Tire Storage
Facility.
(Omitted from this document because it is not applicable to facilities accepting E&P
waste.)
R315-310-9. Contents of an Application for a Permit Renewal.
The owner or operator, or both, where the owner and operator are not the same person, of
each existing facility who intend to have the facility continue to operate, shall apply for a
renewal of the permit by submitting the applicable information and application specified in
Sections R315- 310-3, -4, -5, -6, -7, or -8, as appropriate. Applicable information, that was
submitted to the Director as part of a previous permit application, may be copied and included in
the permit renewal application so that all required information is contained in one document. The
information submitted shall reflect the current operation, monitoring, closure, post-closure, and
all other aspects of the facility as currently established at the time of the renewal application
[submittle]submittal.
R315-310-10. Contents of an Application for a Permit for a Facility in Post-Closure Care.
(1) The application for a Post-Closure Care permit shall contain the applicable
information required in [Section R315-310-3 and documentation as to how the facility will meet
the requirements of Section R315-302-3(5) and (6).]Subsections R315-310-3(1)(a) through
R315- 310-3(1)(c), and R315-310-3(1)(g) through R315-310-3(1)(j), and:
(a) for landfills, except CCR facilities:
(i) proof of recording with the county recorder as required by Subsection R315-302-
2(6);
(ii) for Class I, II, IIIa, IVa, and V Landfills, demonstrate that the applicable
requirements of Subsection R315-303-3(4) have been met;
(iii) for each Class III Landfill, the applicable requirements of Section R315-304-5;
(iv) for each Class IV or VI Landfill, the applicable requirements of Section R315-
305-5;
(v) for each Class VII Landfill, the applicable requirements of Section R315-321-4;
(vi) for each solid waste surface impoundment, the applicable requirements of Section
R315-322-7;
(vii) the applicable requirements for groundwater monitoring according to Rule R315-
308; and
(viii) the financial assurance update requirements of Subsection R315-311-1(5);

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(b) for incinerator facilities the required financial assurance for incinerators according
to Section R315-306-2 or R315-306-3, as applicable;
(c) for landtreatment disposal facilities the applicable information required in Section
R315- 307-4;
(d) for composting facilities the applicable information required in Subsection R315-
312-3(5);
(e) for waste piles subject to Rule R315-314 that are likely to produce leachate the
applicable information required in Subsection R315-314-2(2)(f); and
(f) for CCR facilities the applicable information required in Sections R315-319-100
through R315-319-104.
R315-310-11. Permit Transfer.
(1) A permit may not be transferred without approval from the Director, nor shall a
permit be transferred from one property to another.
(2) The new owner or operator shall submit to the Director:
(a) A revised permit application no later than 60 days prior to the scheduled change
and
(b) A written agreement containing a specific date for transfer of permit
responsibility between the current and new permittees.
(3) The new permittee shall:
(a) assume permit requirements and all financial responsibility;
(b) provide adequate documentation that the permittee has or shall have ownership or
control of the facility for which the transfer of permit has been requested;
(c) demonstrate adequate knowledge and ability to operate the facility in accordance
with the permit conditions; and
(d) demonstrate adequate financial assurance as required in the permit and R315-309
for the operation of the facility.
(4) When a transfer of ownership or operational control occurs, the old owner or
operator shall comply with the requirements of Rule R315-309 until the new owner or operator
has demonstrated that it is complying with the requirements of that rule.
(5) An application for permit transfer may be denied if the Director finds that the
applicant has:
(a) knowingly misrepresented a material fact in the application;

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(b) refused or failed to disclose any information requested by the Director;
(c) exhibited a history of willful disregard of any state or federal environmental law;
or
(d) had any permit revoked or permanently suspended for cause under any state or
federal environmental law.
R315-310-12. Contents of a Permit Application for a New or Expanding Coal Combustion
Residual Landfill and Coal Combustion Residual Surface Impoundment.
(Omitted from this document because it is not applicable to facilities accepting E&P
waste.)
R315-311. Permit Approval For Solid Waste Disposal, Waste Tire Storage, Energy
Recovery, And Incinerator Facilities.
R315-311-1. General Requirements.
(1) Unless otherwise stated in Rules R315-301 through R315-[320]322, permit
actions taken by the director are subject to Rules R315-311 and R315-124. Upon submittal of the
complete information required by Rule R315-310 the application will be reviewed in accordance
with Section R315-124-3 and a draft permit or permit denial will be prepared in accordance with
Sections R315-124-5 through R315-124-6.
(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 that will
include appropriate conditions and limitations on operation and types of waste to be accepted at
the facility.
(b) Construction may not begin before the receipt of the permit.
(2) Reserved.
(3) A permit can be granted for up to ten years by the director, except as allowed in
Subsection R315-311-1(5).
(4) The owner or operator, or both, if the owner and the operator are not the same
person, of each solid waste facility shall:
(a) apply for a permit renewal, as required by Section R315-310-9, 180 days before
the expiration date of the current permit if the permit holder intends to continue operations after
the current permit expires; and
(b) for facilities that require financial assurance in accordance with Section R315-
309-1, submit, for review and approval by the director on a schedule of no less than five years, a
complete update of the financial assurance required in Rule R315-309 that shall contain:

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(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 that has been received by applying
an inflation factor to past cost estimates.
(5) A permit for a facility in post-closure care:
(a) may be issued for the life of the post-closure care period; and
(b) the holder of the post-closure care permit shall comply with Subsection R315-
311- 1(4)(b).
R315-311-2. Permit Modification, Renewal, or Termination.
(1) A permit may be considered for modification or termination at the request of any
interested person, including the permittee, or upon the director’s initiative in accordance with
Section R315- 124-5. Requests for permit modification or termination shall become effective
only upon approval by the director and in accordance with Section R315-124-15.
(a) Minor modifications of a permit or plan of operation may not be subject to the 45
day public comment period as required by Section R315-311-3, unless obligatory under
Subsection R315-311-2(1)(b). The following modifications shall be considered minor, except
that Subsections R315-311-2(1)(a)(vi) and R315-311-2(1)(a)(viii) are not minor modifications
for coal combustion residual units.
(i) Corrections of typographical errors.
(ii) Changes to the name, address, or phone number of persons or agencies identified
in the permit.
(iii) Changes to administrative or informational items.
(iv) Making changes to procedures for maintaining the operating record or the
location where the operating record is kept.
(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 to the expiration date of the permit to allow an earlier permit
termination.
(viii) Changes are made to the closure schedule for a unit, to the final closure schedule
for the facility, or the closure period is extended.

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(ix) The director 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 and
those changes conform with Rule R315-308 if sampling or analyzing groundwater.
(xii) Changes are made in the construction or groundwater monitoring quality control
quality assurance plans that 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 that conform to guidance or
rules approved by the Waste Management and Radiation Control Board or provide more efficient
waste handling or more effective waste screening.
(xiv) Replacement of an existing monitoring well 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.
(xvi) Changes are made in the statistical method used to statistically analyze the
groundwater quality data that conform with Rule R315-308.
(xvii) Changes are made in any permit condition that are more restrictive or provide
more protection to health or the environment.
(b) The director may subject any minor modification request to the 45 day public
comment period described in Subsection R315-311-3(1) 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.
(d) If the director 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, the director will review the application in accordance with
Section R315- 124-3, and a draft permit or a notice of intent to deny will be prepared in
accordance with Section R315-124-6. 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.

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(3) The director shall notify, in writing, the owner or operator of any facility of intent
to terminate a permit in accordance with Subsections R315-124-5(d) and R315-124-5(e). 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 each relevant fact;
(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 63G Chapter
4, Administrative Procedures Act, and Rule R305-7.
R315-311-3. Public Comment Period.
(1) The draft permit, permit renewal, or major modification of a permit, for each solid
waste facility that requires a permit, shall be subject to a 45 day public comment period and shall
follow the procedures of Sections R315-124-10 through R315-124-20.
R317. Environmental Quality, Water Quality.
R317-6. Ground Water Quality Protection.
6.15 CORRECTIVE ACTION
It is the intent of the Board that the provisions of these rules should be considered when
making decisions under any state or federal superfund action; however, the protection levels are
not intended to be considered as applicable, relevant or appropriate clean-up standards under
such other regulatory programs.
A. Application of R317-6-6.15
1. Generally - R317-6-6.15 shall apply to any person who discharges pollutants into
ground water in violation of Section 19-5-107, or who places or causes to be placed any wastes
in a location where there is probable cause to believe they will cause pollution of ground water in
violation of Section 19-5-107.
2. Corrective Action shall include, except as otherwise provided in R317-6-6.15,
preparation of a Contamination Investigation and preparation and implementation of a Corrective
Action Plan.

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3. The procedural provisions of R-317-6-6.15 shall not apply to any facility where a
corrective or remedial action for ground water contamination, that the Director determines meets
the substantive standards of this rule, has been initiated under any other state or federal program.
Corrective or remedial action undertaken under the programs specified in Table 2 are considered
to meet the substantive standards of this rule unless otherwise determined by the Director.
TABLE 2 PROGRAM
Leaking Underground Storage Tank, Sections 19-6-401, et seq.
Federal Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. Sections 9601, et seq.
Hazardous Waste Mitigation Act, Sections 19-6-301 et seq. Utah Solid and Hazardous
Waste Act, Sections 19-6-101 et seq.
B. Notification and Interim Action
1. Notification - A person who spills or discharges any petroleum hydrocarbon or
other substance which may cause pollution of ground waters in violation of Section 19-5-107
shall notify the Director within 24 hours of the spill or discharge. A written notification shall be
submitted to the Director within five days after the spill or discharge.
2. Interim Actions - A person is encouraged to take immediate, interim action
without following the steps outlined in R317-6-6.15 if such action is required to control a source
of pollutants. Interim action is also encouraged if required to protect public safety, public health
and welfare and the environment, or to prevent further contamination that would result in costlier
clean-up. Such interim actions should include source abatement and control, neutralization, or
other actions as appropriate. A person that has taken these actions shall remain subject to R317-
6-6.15 after the interim actions are completed unless he demonstrates that:
a. no pollutants have been discharged into ground water in violation of 19-5-107;
and
b. no wastes remain in a location where there is probable cause to believe they will
cause pollution of ground water in violation of 19-5-107, unless, in the case of diesel fuel and oil
releases over 25 gallons, the responsible person demonstrates that the pollutant will not affect
ground water quality by complying with the following:
(1) remove contaminated soil to the extent possible, or to established background
levels, or 500 mg/kg total petroleum hydrocarbons for sensitive areas, or 5000 mg/kg total
petroleum hydrocarbons for non sensitive areas as defined by R317-6-1;
(2) collect soil samples at locations and depths sufficient to document that cleanup
has been achieved or as directed by the local health department;
(3) treat or dispose contaminated soil at a location approved by the local health
department;

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(4) submit an interim action report as defined by R317-6-1.23 or as directed by the
local health department.
C. Contamination Investigation and Corrective Action Plan - General
1. The Director may require a person that is subject to R317-6-6.15 to submit for the
Director’s approval a Contamination Investigation and Corrective Action Plan, and may require
implementation of an approved Corrective Action Plan. A person subject to this rule who has
been notified that the Director is exercising his or her authority under R317-6-6.15 to require
submission of a Contamination Investigation and Corrective Action Plan, shall, within 30 days of
that notification, submit to the Director a proposed schedule for those submissions, which may
include different deadlines for different elements of the Investigation and Plan. The Director may
accept, reject, or modify the proposed schedule.
2. The Contamination Investigation or the Corrective Action Plan may, in order to
meet the requirements of this Part, incorporate by reference information already provided to the
Director in the Contingency Plan or other document.
3. The requirements for a Contamination Investigation and a Corrective Action Plan
specified in R317-6-6.15.D are comprehensive. The requirements are intended to be applied with
flexibility, and persons subject to this rule are encouraged to contact the Director’s staff to assure
its efficient application on a site-specific basis.
4. The Director may waive any or all Contamination Investigation and Corrective
Action Plan requirements where the person subject to this rule demonstrates that the information
that would otherwise be required is not necessary to the Director’s evaluation of the
Contamination Investigation or Corrective Action Plan. Requests for waiver shall be submitted
to the Director as part of the Contamination Investigation or Corrective Action Plan, or may be
submitted in advance of those reports.
D. Contamination Investigation and Corrective Action Plan - Requirements
1. Contamination Investigation - The contamination investigation shall include a
characterization of pollution, a characterization of the facility, a data report, and, if the
Corrective Action Plan proposes standards under R317-6-6.15.F.2. or Alternate Corrective
Action Concentration Limits higher than the ground water quality standards, an endangerment
assessment.
a. The characterization of pollution shall include a description of:
(1) The amount, form, concentration, toxicity, environmental fate and transport, and
other significant characteristics of substances present, for both ground water contaminants and
any contributing surficial contaminants;
(2) The areal and vertical extent of the contaminant concentration, distribution and
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(3) The extent to which contaminant substances have migrated and are expected to
migrate.
b. The characterization of the facility shall include descriptions of:
(1) Contaminant substance mixtures present and media of occurrence;
(2) Hydrogeologic conditions underlying and, upgradient and downgradient of the
facility;
(3) Surface waters in the area;
(4) Climatologic and meteorologic conditions in the area of the facility; and
(5) Type, location and description of possible sources of the pollution at the facility;
(6) Groundwater withdrawals, pumpage rates, and usage within a 2-mile radius.
c. The report of data used and data gaps shall include:
(1) Data packages including quality assurance and quality control reports;
(2) A description of the data used in the report; and
(3) A description of any data gaps encountered, how those gaps affect the analysis
and any plans to fill those gaps.
d. The endangerment assessment shall include descriptions of any risk evaluation
necessary to support a proposal for a standard under R317-6-6.15.F.2 or for an Alternate
Corrective Action Concentration Limit.
e. The Contamination Investigation shall include such other information as the
Director requires.
2. Proposed Corrective Action Plan
The proposed Corrective Action Plan shall include an explanation of the construction and
operation of the proposed Corrective Action, addressing the factors to be considered by the
Director as specified in R317-6-6.15.E. and shall include such other information as the Director
requires. It shall also include a proposed schedule for completion.
3. The Contaminant Investigation and Corrective Action Plan must be performed
under the direction, and bear the seal, of a professional engineer or professional geologist.
E. Approval of the Corrective Action Plan
After public notice in a newspaper in the affected area and a 30-day period for
opportunity for public review and comment, the Director shall issue an order approving,

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disapproving, or modifying the proposed Corrective Action Plan. The Director shall consider the
following factors and criteria in making that decision:
1. Completeness and Accuracy of Corrective Action Plan.
The Director shall consider the completeness and accuracy of the Corrective Action Plan
and of the information upon which it relies.
2. Action Protective of Public Health and the Environment
a. The Corrective Action shall be protective of the public health and the
environment.
b. Impacts as a result of any off-site activities shall be considered under this criterion
(e.g., the transport and disposition of contaminated materials at an off-site facility).
3. Action Meets Concentration Limits
The Corrective Action shall meet Corrective Action Concentration Limits specified in
R317-6- 6.15.F, except as provided in R317-6-6.15.G.
4. Action Produces a Permanent Effect
a. The Corrective Action shall produce a permanent effect.
b. If the Corrective Action Plan provides that any potential sources of pollutants are
to be controlled in place, any cap or other method of source control shall be designed so that the
discharge from the source following corrective action achieves ground water quality standards
or, if approved by the Director, alternate corrective action concentration limits (ACACLs). For
purposes of this paragraph, sources of pollutants are controlled “in place” even though they are
moved within the facility boundaries provided that they are not moved to areas with unaffected
ground water.
5. Action May Use Other Additional Measures
The Director may consider whether additional measures should be included in the Plan to
better assure that the criteria and factors specified in R317-6-6.15.E are met. Such measures may
include:
a. Requiring long-term ground water or other monitoring;
b. Providing environmental hazard notices or other security measures;
c. Capping of sources of ground water contamination to avoid infiltration of
precipitation;
d. Requiring long-term operation and maintenance of all portions of the Corrective
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e. Periodic review to determine whether the Corrective Action is protective of public
health and the environment.
F. Corrective Action Concentration Limits
1. Contaminants with specified levels
Corrective Actions shall achieve ground water quality standards or, where applicable,
alternate corrective action concentration limits (ACACLs).
2. Contaminants without specified levels
For contaminants for which no ground water quality standard has been established, the
proposed Corrective Action Plan shall include proposed Corrective Action Concentration Limits.
These levels shall be approved, disapproved or modified by the Director after considering U.S.
Environmental Protection Agency maximum contaminant level goals, health advisories, risk-
based contaminant levels or standards established by other regulatory agencies and other relevant
information.
G. Alternate Corrective Action Concentration Limits
An Alternate Corrective Action Concentration Limit that is higher or lower than the
Corrective Action Concentration Limits specified in R317-6-6.15.F may be required as provided
in the following:
1. Higher Alternate Corrective Action Concentration Limits
A person submitting a proposed Corrective Action Plan may request approval by the
Director of an Alternate Corrective Action Concentration Limit higher than the Corrective
Action Concentration Limit specified in R317-6-6.15.F. The proposed limit shall be protective of
human health, and the environment, and shall utilize best available technology. The Corrective
Action Plan shall include the following information in support of this request:
a. The potential for release and migration of any contaminant substances or
treatment residuals that might remain after Corrective Action in concentrations higher than
Corrective Action Concentration Limits;
b. An evaluation of residual risks, in terms of amounts and concentrations of
contaminant substances remaining following implementation of the Corrective Action options
evaluated, including consideration of the persistence, toxicity, mobility, and propensity to
bioaccumulate such contaminants substances and their constituents; and
c. Any other information necessary to determine whether the conditions of R317-6-
6.15.G have been met.
2. Lower Alternate Corrective Action Concentration Limits

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The Director may require use of an Alternate Corrective Action Concentration Limit that
is lower than the Corrective Action Concentration Limit specified in R317-6-6.15.F if necessary
to protect human health or the environment. Any person requesting that the Director consider
requiring a lower Alternate Corrective Action Concentration Limit shall provide supporting
information as described in R317-6-6.15.G.3.
3. Protective of human health and the environment
The Alternate Corrective Action Concentration Limit must be protective of human health
and the environment. In making this determination, the Director may consider:
a. Information presented in the Contamination Investigation;
b. Other relevant cleanup or health standards, criteria, or guidance;
c. Relevant and reasonably available scientific information;
d. Any additional information relevant to the protectiveness of a Corrective Action;
and
e. The impact of additional proposed measures, such as those described in R317-6-
6.15.E.5.
4. Good cause
An Alternate Corrective Action Concentration Limit shall not be granted without good
cause.
a. The Director may consider the factors specified in R317-6-6.15.E in determining
whether there is good cause.
b. The Director may also consider whether the proposed remedy is cost-effective in
determining whether there is good cause. Costs that may be considered include but are not
limited to:
(1) Capital costs;
(2) Operation and maintenance costs;
(3) Costs of periodic reviews, where required;
(4) Net present value of capital and operation and maintenance costs;
(5) Potential future remedial action costs; and
(6) Loss of resource value.
5. Conservative

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An Alternate Corrective Action Concentration Limit that is higher than the Corrective
Action Concentration Limits specified in R317-6-6.15.F must be conservative. The Director may
consider the concentration level that can be achieved using best available technology if
attainment of the Corrective Action Concentration Limit is not technologically achievable.
6. Relation to background and existing conditions
a. The Director may consider the relationship between the Corrective Action
Concentration Limits and background concentration limits in considering whether an Alternate
Corrective Action Concentration Limit is appropriate.
b. No Alternate Corrective Action Concentration Limit higher than existing ground
water contamination levels or ground water contamination levels projected to result from
existing conditions will be granted.

4878-1540-3453.v1
RNI’S GENERAL COMMENTS ON DRAFT DOGM AND DWMRC E&P RULES
Fairness in Bonding:
 RNI would expect all facilities that have or will have landfills permitted by
DWMRC to be bonded similarly, where the bond amount on one cell of a given
area is similar to that of another.
 RNI has bonds posted with DWMRC for landfill cells bonded at approximately
$60,000 per acre of space. One cell is approximately 4 to 7 acres of lined pit fully
bedded with clay, a 60-mil liner, and then a 2 ft permeable bed of graded material
to protect the liner, allowing free water flow to a sump. The sump allows water
removal from the cell, enables us to monitor for liquid saturation, and provides
evidence of fluid characteristics to compare with groundwater monitoring to detect
trace elements in the groundwater.
 Land farms being “grandfathered” in as landfills have been bonded at a small
fraction of these amounts. One example is an area of approximately 100 acres with
a mere $40,000 bond.
 So, either RNI should be bonded at least the same way this other company is, which
is approximately $400 per acre, or the other company is bonded similarly to RNI
and would be required to increase their bond to approximately $6,000,000.
Historic treatment:
 Decades ago, sites were permitted to dispose of drilling mud in clay-lined pits. In
recent years, we have been instructed by DOGM that we must dig up all this
material and dispose of it in landfills. RNI has made remarkable progress on this,
spending several hundred thousand dollars digging up ancient drilling mud and
moving to landfill cells. This has generated costs of machinery and manpower to
excavate this material, but it has also consumed extensive volumes of newly built
landfill cells with no commercial gain to RNI. The letter addressed to IWM recently
appears to indicate we do not need to do any of this work, yet RNI is out of pocket
with millions of dollars doing this work.
 RNI has been instructed that old land farms must be excavated and all material
placed in landfills to the extent that the soil meets acceptable standards. RNI has
been doing this, and now we appear to be learning that it is not required, that land
farms can be renamed landfills, and that they are still acceptable to operate.
Waste Comments
 RNI believes that the agencies should regulate in a way that results in equal and
fair treatment and recognition of compliance and take action where there is not
compliance.

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4878-1540-3453.v1
 Produced water is categorized in the same group as drill cuttings. Yet, when in the
ground, this water is considered a contaminant because of salinity among other
things.
 It is simple logic that water evaporation ponds must be lined. Everyone will agree
on that. Yet landfill material, even if it passes a paint filter test, contains water/fluids
that will sink to the bottom of the landfill and through any imperfect barrier. Why
will a landfill that accepts liquid waste then be treated any differently than an
evaporation pond?