H.B. 222 Enrolled

1

WATER QUALITY BOARD AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrick Painter
5 Senate Sponsor: Dennis E. Stowell
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to water quality.
10 Highlighted Provisions:
11 This bill:
12 . authorizes the Water Quality Board to:
13 . issue an operating permit; and
14 . delegate authority to issue an operating permit to a local health department; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill coordinates with S.B. 111, Revisor's Statute, by providing that certain technical
20 amendments in this bill supersede certain technical amendments in S.B. 111.
21 Utah Code Sections Affected:
22 AMENDS:
23 19-5-103, as last amended by Laws of Utah 2002, Chapter 176
24 19-5-104, as last amended by Laws of Utah 2006, Chapter 179
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 19-5-103 is amended to read:
28 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
29 Organization -- Meetings -- Per diem and expenses.

30 [(1) Committee members currently serving on the Water Pollution Control Committee
31 created under Chapter 126, Laws of Utah 1981, shall serve on the board throughout the terms
32 for which they were appointed.]
33 [(2)] (1) The board comprises the executive director and [ten] 11 members appointed
34 by the governor with the consent of the Senate.
35 [(3)] (2) No more than [five] six of the appointed members may be from the same
36 political party.
37 [(4)] (3) The appointed members, insofar as practicable, shall include the following:
38 (a) one member representing the mineral [industries] industry;
39 (b) one member representing the food processing [industries] industry;
40 (c) one member representing [other] another manufacturing [industries] industry;
41 (d) two members who are officials of a municipal government or [their representatives]
42 the officials' representative involved in the management or operation of a wastewater treatment
43 [facilities] facility;
44 (e) one member representing agricultural and livestock interests;
45 (f) one member representing fish, wildlife, and recreation interests;
46 (g) one member representing an improvement [and] or special service [districts] district;
47 [and]
48 (h) two members at large, one of whom represents organized environmental interests,
49 selected with due consideration of the areas of the state affected by water pollution and not
50 representing other interests named in this Subsection [(4).] (3); and
51 (i) one member representing a local health department.
52 [(5)] (4) When a vacancy occurs in the membership for any reason, the replacement shall
53 be appointed for the unexpired term with the consent of the Senate.
54 [(6)] (5) (a) Except as required by Subsection [(6)] (5)(b), [members] a member shall be
55 appointed for [terms] a term of four years and [are] is eligible for reappointment.
56 (b) Notwithstanding the requirements of Subsection [(6)] (5)(a), the governor shall, at
57 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of

58 board members are staggered so that approximately half of the board is appointed every two
59 years.
60 [(7) Members] (6) A member shall hold office until the expiration of [their terms] the
61 member's term and until [their successors are] the member's successor is appointed, not to
62 exceed 90 days after the formal expiration of [their terms] the term.
63 [(8)] (7) The board shall:
64 (a) organize and annually select one of its members as chair and one of its members as
65 vice chair;
66 (b) hold at least four regular meetings each calendar year; and
67 (c) keep minutes of its proceedings which [shall be] are open to the public for
68 inspection.
69 [(9)] (8) [Special meetings may be called by the] The chair [and must be called by him]
70 may call a special meeting upon the request of three or more members of the board.
71 [(10)] (9) Each member of the board and the executive secretary shall be notified of the
72 time and place of each meeting.
73 [(11) Six] (10) Seven members of the board constitute a quorum for the transaction of
74 business, and the action of a majority of members present is the action of the board.
75 [(12)] (11) (a) [Members shall] A member who is not a government employee may not
76 receive [no] compensation or benefits for [their services] the member's service, but may receive
77 per diem and expenses incurred in the performance of the member's official duties at the rates
78 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
79 (b) [Members] A member may decline to receive per diem and expenses for [their] the
80 member's service.
81 (c) [Local] A local government [members] member who [do] does not receive salary,
82 per diem, or expenses from the entity that [they represent] the member represents for [their] the
83 member's service may receive per diem and expenses incurred in the performance of [their] the
84 member's official duties at the rates established by the Division of Finance under Sections
85 63A-3-106 and 63A-3-107 .

86 (d) [Local] A local government [members] member may decline to receive per diem and
87 expenses for [their] the member's service.
88 Section 2. Section 19-5-104 is amended to read:
89 19-5-104. Powers and duties of board.
90 (1) The board has the following powers and duties[, but the board shall give priority to
91 pollution that results in hazards to the public health]:
92 (a) develop programs for the prevention, control, and abatement of new or existing
93 pollution of the waters of the state;
94 (b) advise, consult, and cooperate with other agencies of the state, the federal
95 government, other states, and interstate agencies, and with affected groups, political
96 subdivisions, and industries to further the purposes of this chapter;
97 (c) encourage, participate in, or conduct studies, investigations, research, and
98 demonstrations relating to water pollution and causes of water pollution as the board finds
99 necessary to discharge its duties;
100 (d) collect and disseminate information relating to water pollution and the prevention,
101 control, and abatement of water pollution;
102 (e) adopt, modify, or repeal standards of quality of the waters of the state and classify
103 those waters according to their reasonable uses in the interest of the public under conditions the
104 board may prescribe for the prevention, control, and abatement of pollution;
105 (f) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
106 Rulemaking Act, taking into account Subsection [(2)] (3), to:
107 (i) implement the awarding of construction loans to political subdivisions and municipal
108 authorities under Section 11-8-2 , including:
109 (A) requirements pertaining to applications for loans;
110 (B) requirements for determination of eligible projects;
111 (C) requirements for determination of the costs upon which loans are based, which
112 costs may include engineering, financial, legal, and administrative expenses necessary for the
113 construction, reconstruction, and improvement of sewage treatment plants, including major

114 interceptors, collection systems, and other facilities appurtenant to the plant;
115 (D) a priority schedule for awarding loans, in which the board may consider in addition
116 to water pollution control needs any financial needs relevant, including per capita cost, in
117 making a determination of priority; and
118 (E) requirements for determination of the amount of the loan;
119 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
120 73-10c-4.5 ;
121 (iii) set effluent limitations and standards subject to Section 19-5-116 ;
122 (iv) implement or effectuate the powers and duties of the board; and
123 (v) protect the public health for the design, construction, operation, and maintenance of
124 underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
125 pit privies;
126 (g) issue, modify, or revoke orders:
127 (i) prohibiting or abating discharges;
128 (ii) requiring the construction of new treatment works or any parts of them, or requiring
129 the modification, extension, or alteration of existing treatment works as specified by board rule
130 or any parts of them, or the adoption of other remedial measures to prevent, control, or abate
131 pollution;
132 (iii) setting standards of water quality, classifying waters or evidencing any other
133 determination by the board under this chapter; and
134 (iv) requiring compliance with this chapter and with rules made under this chapter;
135 (h) (i) review plans, specifications, or other data relative to disposal systems or any part
136 of disposal systems[, and];
137 (ii) issue construction or operating permits for the installation or modification of
138 treatment works or any parts of [them;] the treatment works; and
139 (iii) delegate the authority to issue an operating permit to a local health department;
140 (i) after public notice and opportunity for a public hearing, issue, continue in effect,
141 revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe

142 to:
143 (i) control the management of sewage sludge; or [to]
144 (ii) prevent or control the discharge of pollutants, including effluent limitations for the
145 discharge of wastes into the waters of the state;
146 (j) give reasonable consideration in the exercise of its powers and duties to the
147 economic impact of water pollution control on industry and agriculture;
148 (k) exercise all incidental powers necessary to carry out the purposes of this chapter,
149 including delegation to the department of its duties as appropriate to improve administrative
150 efficiency;
151 (l) meet the requirements of federal law related to water pollution;
152 (m) establish and conduct a continuing planning process for control of water pollution
153 including the specification and implementation of maximum daily loads of pollutants;
154 (n) make rules governing inspection, monitoring, recordkeeping, and reporting
155 requirements for underground injections and require permits for them, to protect drinking water
156 sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,
157 recognizing that underground injection endangers drinking water sources if:
158 (i) injection may result in the presence of any contaminant in underground water
159 [which] that supplies or can reasonably be expected to supply any public water system, as
160 defined in Section 19-4-102 ; and
161 (ii) the presence of the contaminant may:
162 (A) result in the public water system not complying with any national primary drinking
163 water standards; or [may]
164 (B) otherwise adversely affect the health of persons;
165 (o) make rules governing sewage sludge management, including permitting, inspecting,
166 monitoring, recordkeeping, and reporting requirements;
167 (p) adopt and enforce rules and establish fees to cover the costs of testing for
168 certification of operators of treatment works and sewerage systems operated by political
169 subdivisions;

170 (q) notwithstanding the provisions of Section 19-4-112 , make rules governing design
171 and construction of irrigation systems [which] that:
172 (i) convey sewage treatment facility effluent of human origin in pipelines under
173 pressure, unless contained in surface pipes wholly on private property and for agricultural
174 purposes[,]; and [which]
175 (ii) are constructed after May 4, 1998; and
176 (r) (i) approve, approve in part, approve with conditions, or deny, in writing, an
177 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
178 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
179 Reuse Act.
180 (2) In performing the duties listed in Subsection (1), the board shall give priority to
181 pollution that results in a hazard to the public health.
182 [(2) In] (3) The board shall take into consideration the availability of federal grants:
183 (a) in determining eligible project costs; and
184 (b) in establishing priorities pursuant to Subsection (1)(f)(i)[, the board shall take into
185 consideration the availability of federal grants].
186 [(3)] (4) In establishing certification rules under Subsection (1)(p), the board shall:
187 (a) base the requirements for certification on the size, treatment process type, and
188 complexity of the treatment works and sewerage systems operated by political subdivisions;
189 (b) allow operators until three years after the date of adoption of the rules to obtain
190 initial certification;
191 (c) allow a new [operators] operator one year from the date [they are] the operator is
192 hired by a treatment plant or sewerage system or three years after the date of adoption of the
193 rules, whichever occurs later, to obtain certification;
194 (d) issue certification upon application and without testing, at a grade level comparable
195 to the grade of current certification to operators who are currently certified under the voluntary
196 certification plan for wastewater works operators as recognized by the board; and
197 (e) issue a certification upon application and without testing that is valid only at the

198 treatment works or sewerage system where that operator is currently employed if the operator:
199 (i) is in charge of and responsible for the treatment works or sewerage system on March
200 16, 1991;
201 (ii) has been employed at least ten years in the operation of that treatment works or
202 sewerage system prior to March 16, 1991; and
203 (iii) demonstrates to the board [his] the operator's capability to operate the treatment
204 works or sewerage system at which [he] the operator is currently employed by providing
205 employment history and references as required by the board.
206 Section 3. Coordinating H.B. 222 with S.B. 111 -- Superseding technical
207 amendments.
208 If this H.B. 222 and S.B. 111, Revisor's Statute, both pass, it is the intent of the
209 Legislature that the amendments to Section 19-5-103 in this bill supersede the amendments to
210 Section 19-5-103 in S.B. 111, when the Office of Legislative Research and General Counsel
211 prepares the Utah Code database for publication.