19-6-704 - Powers and duties of the board.
19-6-704. Powers and duties of the board.
(1) The board shall make rules under Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, as necessary to administer this part and to comply with 40 CFR 279, Standardsfor the Management of Used Oil, to ensure the state's primacy to manage used oil under 40 CFR279. For these purposes the board shall:
(a) (i) receive a proposed dispositive action from an administrative law judge as providedby Section 19-1-301; and
(ii) (A) approve, approve with modifications, or disapprove a proposed dispositiveaction; or
(B) return the proposed dispositive action to the administrative law judge for furtheraction as directed;
(b) establish by rule conditions and procedures for registration and revocation ofregistration as a used oil collection center, used oil aggregation point, or DIYer used oilcollection center;
(c) provide by rule that used oil aggregation points that do not accept DIYer used oil arerequired to comply with used oil collection standards under this part, but are not required to bepermitted or registered;
(d) establish by rule conditions and fees required to obtain permits and operate as usedoil transporters, used oil transfer facilities, used oil processors and rerefiners, and used oil fuelmarketers;
(e) establish by rule the amount of liability insurance or other financial responsibility theapplicant shall have to qualify for a permit under Subsection (1)(d);
(f) establish by rule the form and amount of reclamation surety required for reclamationof any site or facility required to be permitted under this part;
(g) after public notice and opportunity for a public hearing, hear and act on permit issuesappealed under Subsection 19-6-712(2);
(h) establish by rule standards for tracking, analysis, and recordkeeping regarding usedoil subject to regulation under this part, including:
(i) manifests for handling and transferring used oil;
(ii) analyses necessary to determine if used oil is on-specification or off-specification;
(iii) records documenting date, quantities, and character of used oil transported,processed, transferred, or sold;
(iv) records documenting persons between whom transactions under this subsectionoccurred; and
(v) exemption of DIYer used oil collection centers from this subsection except asnecessary to verify volumes of used oil picked up by a permitted transporter and the transporter'sname and federal EPA identification number;
(i) authorize inspections and audits of facilities, centers, and operations subject toregulation under this part;
(j) establish by rule standards for:
(i) used oil generators;
(ii) used oil collection centers;
(iii) DIYer used oil collection centers;
(iv) aggregation points;
(v) curbside used oil collection programs;
(vi) used oil transporters;
(vii) used oil transfer facilities;
(viii) used oil burners;
(ix) used oil processors and rerefiners; and
(x) used oil marketers;
(k) establish by rule standards for determining on-specification and off-specification usedoil and specified mixtures of used oil, subject to Section 19-6-707 regarding rebuttablepresumptions;
(l) establish by rule standards for closure, remediation, and response to releases involvingused oil; and
(m) establish a public education program to promote used oil recycling and use of usedoil collection centers.
(2) The board may:
(a) (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of ormatter in the administration of this part and compel the attendance of witnesses and theproduction of documents and other evidence, administer oaths and take testimony, and receiveevidence as necessary;
(ii) receive a proposed dispositive action from an administrative law judge as providedby Section 19-1-301; and
(iii) (A) approve, approve with modifications, or disapprove a proposed dispositiveaction; or
(B) return the proposed dispositive action to the administrative law judge for furtheraction as directed;
(b) require retention and submission of records required under this part; and
(c) require audits of records and recordkeeping procedures required under this part andrules made under this part, except that audits of records regarding the fee imposed and collectedby the commission under Sections 19-6-714 and 19-6-715 are the responsibility of thecommission under Section 19-6-716.
Amended by Chapter 377, 2009 General Session