H.B. 40

1

SAFE DRINKING WATER REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Sylvia S. Andersen
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 Committee Note:
9 The Political Subdivisions Interim Committee recommended this bill.
10 General Description:
11 This bill requires a county to adopt an ordinance to protect a source of drinking water.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires a county to adopt an ordinance to protect a source of public drinking water;
16 . authorizes a municipality to adopt an ordinance to protect a source of public
17 drinking water;
18 . allows a city ordinance to supercede another county or municipal ordinance in
19 certain circumstances;
20 . allows a county or municipality to change a zoning designation in an industrial
21 protection area in certain circumstances;
22 . requires the Drinking Water Board to:
23 . provide guidelines and technical resources to a county or municipality; and
24 . report to the Legislature; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 17-41-402, as last amended by Laws of Utah 2006, Chapter 194
33 19-4-102, as renumbered and amended by Laws of Utah 1991, Chapter 112
34 ENACTS:
35 19-4-113, Utah Code Annotated 1953
36 REPEALS AND REENACTS:
37 10-8-15, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 10-8-15 is repealed and reenacted to read:
41 10-8-15. City authority regarding waterworks -- Additional authority for first
42 class cities -- Superceding effect of an ordinance adopted under this section.
43 (1) A city may:
44 (a) construct or authorize the construction of waterworks inside or outside the city;
45 (b) in order to maintain and protect waterworks under Subsection (1)(a) from injury
46 and the water used in those waterworks from pollution, exercise jurisdiction over:
47 (i) the territory occupied by the waterworks;
48 (ii) each reservoir, stream, canal, ditch, pipe, and drain used in and necessary for the
49 construction, maintenance, and operation of the waterworks; and
50 (iii) the stream or source from which water is taken for the waterworks:
51 (A) for 15 miles above the point from which the water is taken;
52 (B) for a distance of 300 feet on each side of the stream or source of water; and
53 (C) over each highway along the stream or source of water within the areas described
54 in Subsections (1)(b)(iii)(A) and (B);
55 (c) enact an ordinance or regulation necessary to carry out the powers conferred in this
56 section;
57 (d) enact an ordinance preventing pollution or contamination of the streams or
58 watercourses from which the city's inhabitants derive any of their water supply, in whole or in

59 part, for domestic and culinary purposes; and
60 (e) (i) enact an ordinance prohibiting, regulating, or requiring a permit for the
61 construction or maintenance of a closet, privy, outhouse, or urinal within the area over which
62 the city has jurisdiction; and
63 (ii) if the city enacts an ordinance requiring a permit for the construction or
64 maintenance of a closet, privy, outhouse, or urinal, attach to the granting of a permit reasonable
65 conditions and requirements for the protection of the public health that the city considers
66 proper, including a requirement that a closet, privy, outhouse, or urinal be provided with an
67 effective septic tank or other germ-destroying instrumentality.
68 (2) (a) In addition to the powers conferred under Subsection (1), a city of the first class
69 may, subject to Subsection (2)(b), exercise jurisdiction over the city's entire watershed.
70 (b) Notwithstanding Subsection (2)(a), each city of the first class shall permit livestock
71 to graze beyond 1,000 feet from a stream or source of water.
72 (3) (a) Subject to Subsection (3)(b), each city of the first class shall:
73 (i) provide a highway in and through the area over which its jurisdiction extends under
74 this section; and
75 (ii) keep that highway open to cattle, horses, sheep, or hogs driven through the area
76 over which the city's jurisdiction extends under this section.
77 (b) The legislative body of a city of the first class may enact an ordinance placing
78 under police regulations the manner of driving cattle, horses, sheep, or hogs through the area
79 over which the city's jurisdiction extends under this section.
80 (4) An ordinance authorized by this section supercedes an ordinance required or
81 authorized by Section 19-4-113 to the extent that the ordinances conflict.
82 Section 2. Section 17-41-402 is amended to read:
83 17-41-402. Limitations on local regulations.
84 (1) [Each] A political subdivision within which an agriculture protection area or
85 industrial protection area is created shall encourage the continuity, development, and viability
86 of agriculture or industrial use, respectively, within the area by not enacting a local [laws,
87 ordinances, or regulations] law, ordinance, or regulation that would unreasonably restrict a
88 farm [structures] structure or farm [practices] practice or, in the case of an industrial protection
89 area, an industrial [uses] use of the land within the area unless [those laws, ordinances, or

90 regulations bear] the law, ordinance, or regulation bears a direct relationship to public health or
91 safety.
92 (2) [A] Except as provided by Section 19-4-113 , a political subdivision may not change
93 the zoning designation of or a zoning [regulations] regulation affecting land within an
94 agriculture protection area or industrial protection area, as the case may be, unless it receives
95 written approval for the change from all the landowners within the agriculture protection area
96 or industrial protection area, respectively, affected by the change.
97 Section 3. Section 19-4-102 is amended to read:
98 19-4-102. Definitions.
99 As used in this chapter:
100 (1) "Board" means the Drinking Water Board appointed under Section 19-4-103 .
101 (2) "Contaminant" means [any] a physical, chemical, biological, or radiological
102 substance or matter in water.
103 (3) "Executive secretary" means the executive secretary of the board.
104 (4) "Maximum contaminant level" means the maximum permissible level of a
105 contaminant in water [which] that is delivered to [any] a user of a public water system.
106 (5) (a) "Public water system" means a system providing water for human consumption
107 and other domestic uses[, which] that:
108 (i) has at least 15 service connections; or
109 (ii) serves an average of 25 individuals daily for at least 60 days of the year [and].
110 (b) "Public water system" includes:
111 (i) a collection, treatment, storage, [and] or distribution [facilities] facility under the
112 control of the operator and used primarily in connection with the system[,]; and
113 (ii) a collection, pretreatment, or storage [facilities] facility used primarily in
114 connection with the system but not under [his] the operator's control.
115 (6) "Retail water supplier" means a person that:
116 (a) supplies water for human consumption and other domestic uses to an end user; and
117 (b) has more than 500 service connections.
118 [(6)] (7) "Supplier" means a person who owns or operates a public water system.
119 (8) "Wholesale water supplier" means a person that provides most of that person's
120 water to a retail water supplier.

121 Section 4. Section 19-4-113 is enacted to read:
122 19-4-113. Water source protection ordinance required.
123 (1) (a) Before May 3, 2010, a county shall:
124 (i) adopt an ordinance in compliance with this section after:
125 (A) considering the rules established by the board to protect a watershed or water
126 source used for a public water system;
127 (B) consulting with a wholesale water supplier or retail water supplier whose drinking
128 water source is within the county's jurisdiction;
129 (C) considering the effect of the proposed ordinance on agriculture production within
130 an agricultural protection area created under Title 17, Chapter 41, Agriculture and Industrial
131 Protection Area; and
132 (D) holding a public hearing in accordance with Title 52, Chapter 4, Open and Public
133 Meetings Act; and
134 (ii) file a copy of the ordinance with the board.
135 (b) A municipality may adopt an ordinance that a county is required to adopt by this
136 section by following the procedures and requirements of this section.
137 (2) (a) A county ordinance adopted in accordance with this section applies to the
138 incorporated and unincorporated areas of the county unless a municipality adopts an ordinance
139 in accordance with this section.
140 (b) A municipal ordinance adopted in accordance with this section supercedes, within
141 the municipality's jurisdiction, a county ordinance adopted in accordance with this section.
142 (3) An ordinance required or authorized by this section shall:
143 (a) designate a drinking water source protection zone, management area, or
144 groundwater recharge area for:
145 (i) a public drinking water source located within the county's or municipality's
146 jurisdiction; and
147 (ii) a public drinking water source that could be contaminated by an activity within the
148 county's or municipality's jurisdiction;
149 (b) contain a zoning provision regulating the storage, handling, use, or production of a
150 hazardous or toxic substance in an area where a public drinking water source could be
151 contaminated; and

152 (c) authorize a supplier to seek enforcement of the ordinance in a district court located
153 within the county or municipality if the county or municipality:
154 (i) notifies the supplier within ten days of receiving notice of a violation of the
155 ordinance that the county or municipality will not seek enforcement of the ordinance; or
156 (ii) does not seek enforcement within two days of a notice of violation of the ordinance
157 when the violation may cause irreparable harm to the public drinking water source.
158 (4) The prevailing party in an action to enforce an ordinance adopted in accordance
159 with this section may recover costs and reasonable attorney fees.
160 (5) A zoning provision required by Subsection (3)(b) is not subject to Section
161 17-41-402 .
162 (6) An ordinance authorized by Section 10-8-15 supercedes an ordinance required or
163 authorized by this section to the extent that the ordinances conflict.
164 (7) The board shall:
165 (a) provide information, guidelines, and technical resources to a county or municipality
166 preparing and implementing an ordinance in accordance with this section; and
167 (b) report to the Natural Resources, Agriculture, and Environment Interim Committee
168 before November 30, 2010 on:
169 (i) compliance with this section's requirement to adopt an ordinance to protect a public
170 drinking water source; and
171 (ii) the effectiveness of the ordinance in retaining state primacy in regulating drinking
172 water.




Legislative Review Note
as of 11-14-07 12:44 PM

Office of Legislative Research and General Counsel