Second Substitute H.B. 40

Senator Dennis E. Stowell proposes the following substitute bill:

1 SAFE DRINKING WATER REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Sylvia S. Andersen
5 Senate Sponsor: Dennis E. Stowell
6
7 LONG TITLE
8 General Description:
9 This bill requires a county to adopt an ordinance to protect a source of drinking water.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires a first or second class county to adopt an ordinance to protect a
14 groundwater source of public drinking water;
15 . authorizes a municipality located in a first or second class county to adopt an
16 ordinance to protect a groundwater source of public drinking water;
17 . allows a city ordinance to supercede another county or municipal ordinance in
18 certain circumstances;
19 . allows a county or municipality to change a zoning designation in an industrial
20 protection area in certain circumstances;
21 . requires the Drinking Water Board to:
22 . provide guidelines and technical resources to a county or municipality; and
23 . report to the Legislature; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 17-41-402, as last amended by Laws of Utah 2006, Chapter 194
32 19-4-102, as renumbered and amended by Laws of Utah 1991, Chapter 112
33 ENACTS:
34 19-4-113, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 17-41-402 is amended to read:
38 17-41-402. Limitations on local regulations.
39 (1) [Each] A political subdivision within which an agriculture protection area or
40 industrial protection area is created shall encourage the continuity, development, and viability
41 of agriculture or industrial use, respectively, within the area by not enacting a local [laws,
42 ordinances, or regulations] law, ordinance, or regulation that would unreasonably restrict a
43 farm [structures] structure or farm [practices] practice or, in the case of an industrial protection
44 area, an industrial [uses] use of the land within the area unless [those laws, ordinances, or
45 regulations bear] the law, ordinance, or regulation bears a direct relationship to public health or
46 safety.
47 (2) A political subdivision may not change the zoning designation of or a zoning
48 [regulations] regulation affecting land within an agriculture protection area [or industrial
49 protection area, as the case may be,] unless [it] the political subdivision receives written
50 approval for the change from all the landowners within the agriculture protection area [or
51 industrial protection area, respectively,] affected by the change.
52 (3) Except as provided by Section 19-4-113 , a political subdivision may not change the
53 zoning designation of or a zoning regulation affecting land within an industrial protection area
54 unless the political subdivision receives written approval for the change from all the
55 landowners within the industrial protection area affected by the change.
56 Section 2. Section 19-4-102 is amended to read:

57 19-4-102. Definitions.
58 As used in this chapter:
59 (1) "Board" means the Drinking Water Board appointed under Section 19-4-103 .
60 (2) "Contaminant" means [any] a physical, chemical, biological, or radiological
61 substance or matter in water.
62 (3) "Executive secretary" means the executive secretary of the board.
63 (4) (a) "Groundwater source" means an underground opening from or through which
64 groundwater flows or is pumped from a subsurface water-bearing formation.
65 (b) "Groundwater source" includes:
66 (i) a well;
67 (ii) a spring;
68 (iii) a tunnel; or
69 (iv) an adit.
70 [(4)] (5) "Maximum contaminant level" means the maximum permissible level of a
71 contaminant in water [which] that is delivered to [any] a user of a public water system.
72 [(5)] (6) (a) "Public water system" means a system providing water for human
73 consumption and other domestic uses[, which] that:
74 (i) has at least 15 service connections; or
75 (ii) serves an average of 25 individuals daily for at least 60 days of the year [and].
76 (b) "Public water system" includes:
77 (i) a collection, treatment, storage, [and] or distribution [facilities] facility under the
78 control of the operator and used primarily in connection with the system[,]; and
79 (ii) a collection, pretreatment, or storage [facilities] facility used primarily in
80 connection with the system but not under [his] the operator's control.
81 (7) "Retail water supplier" means a person that:
82 (a) supplies water for human consumption and other domestic uses to an end user; and
83 (b) has more than 500 service connections.
84 [(6)] (8) "Supplier" means a person who owns or operates a public water system.
85 (9) "Wholesale water supplier" means a person that provides most of that person's
86 water to a retail water supplier.
87 Section 3. Section 19-4-113 is enacted to read:

88 19-4-113. Water source protection ordinance required.
89 (1) (a) Before May 3, 2010, a county shall:
90 (i) adopt an ordinance in compliance with this section after:
91 (A) considering the rules established by the board to protect a watershed or water
92 source used by a public water system;
93 (B) consulting with a wholesale water supplier or retail water supplier whose drinking
94 water source is within the county's jurisdiction;
95 (C) considering the effect of the proposed ordinance on:
96 (I) agriculture production within an agricultural protection area created under Title 17,
97 Chapter 41, Agriculture and Industrial Protection Area; and
98 (II) a manufacturing, industrial, or mining operation within the county's jurisdiction;
99 and
100 (D) holding a public hearing in accordance with Title 52, Chapter 4, Open and Public
101 Meetings Act; and
102 (ii) file a copy of the ordinance with the board.
103 (b) A municipality may adopt an ordinance that a county is required to adopt by this
104 section by following the procedures and requirements of this section.
105 (2) (a) A county ordinance adopted in accordance with this section applies to the
106 incorporated and unincorporated areas of the county unless a municipality adopts an ordinance
107 in accordance with this section.
108 (b) A municipal ordinance adopted in accordance with this section supercedes, within
109 the municipality's jurisdiction, a county ordinance adopted in accordance with this section.
110 (3) An ordinance required or authorized by this section at a minimum shall:
111 (a) designate a drinking water source protection zone in accordance with Subsection
112 (4) for a groundwater source that is:
113 (i) used by a public water system; and
114 (ii) located within the county's or municipality's jurisdiction;
115 (b) contain a zoning provision regulating the storage, handling, use, or production of a
116 hazardous or toxic substance within a drinking water source protection zone designated under
117 Subsection (3)(a); and
118 (c) authorize a retail water supplier or wholesale water supplier to seek enforcement of

119 the ordinance provision required by Subsections (3)(a) and (b) in a district court located within
120 the county or municipality if the county or municipality:
121 (i) notifies the retail water supplier or wholesale water supplier within ten days of
122 receiving notice of a violation of the ordinance that the county or municipality will not seek
123 enforcement of the ordinance; or
124 (ii) does not seek enforcement within two days of a notice of violation of the ordinance
125 when the violation may cause irreparable harm to the groundwater source.
126 (4) A county shall designate a drinking water source protection zone required by
127 Subsection (3)(a) within:
128 (a) a 100 foot radius from the groundwater source; and
129 (b) a 250 day groundwater time of travel to the groundwater source if the supplier
130 calculates the time of travel in the public water system's drinking water source protection plan
131 in accordance with board rules.
132 (5) A zoning provision required by Subsection (3)(b) is not subject to Subsection
133 17-41-402 (3).
134 (6) An ordinance authorized by Section 10-8-15 supercedes an ordinance required or
135 authorized by this section to the extent that the ordinances conflict.
136 (7) The board shall:
137 (a) provide information, guidelines, and technical resources to a county or municipality
138 preparing and implementing an ordinance in accordance with this section; and
139 (b) report to the Natural Resources, Agriculture, and Environment Interim Committee
140 before November 30, 2010 on:
141 (i) compliance with this section's requirement to adopt an ordinance to protect a public
142 drinking water source; and
143 (ii) the effectiveness of the ordinance in retaining state primacy in regulating drinking
144 water.