Water Quality Act

Amended by Chapter 256, 2020 General Session2020Definitions.As used in this chapter: "Agriculture discharge": means the release of agriculture water from the property of a farm, ranch, or feed lot that: pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, and other water conveyance system of the state; pollutes the ground water of the state; or constitutes a significant nuisance on urban land; and does not include: runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land that is not part of a body of water; or a release into a normally dry water conveyance, unless the release reaches the water of a lake, pond, stream, marshland, river, or other active body of a water. "Agriculture water" means: water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel; return flows from irrigated agriculture; and agricultural storm water runoff. "Board" means the Water Quality Board created in Section 19-1-106. "Commission" means the Conservation Commission, created in Section 4-18-104. "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water. "Director" means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. "Discharge" means the addition of a pollutant to waters of the state. "Discharge permit" means a permit issued to a person who: discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or generates or manages sewage sludge. "Disposal system" means a system for disposing of wastes and includes sewerage systems and treatment works. "Division" means the Division of Water Quality, created in Subsection 19-1-105(1)(e). "Effluent limitations" means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. "Point source": means discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged; and does not include return flows from irrigated agriculture. "Pollution" means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. "Publicly owned treatment works" means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. "Schedule of compliance" means a schedule of remedial measures, including an enforceable sequence of actions or operations leading to compliance with this chapter. "Sewage sludge" means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. "Sewerage system" means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. "Total maximum daily load" means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. "Treatment works" means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. "Underground injection" means the subsurface emplacement of fluids by well injection. "Underground wastewater disposal system" means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. "Waters of the state": means streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state; and does not include bodies of water confined to and retained within the limits of private property, and that do not develop into or constitute a nuisance, a public health hazard, or a menace to fish or wildlife.

Amended by Chapter 57, 2025 General Session2025Water Quality Board -- Members of board -- Appointment -- Terms -- Organization -- Meetings -- Per diem and expenses.The board consists of the following nine members:the following non-voting member, except that the member may vote to break a tie vote between the voting members:the executive director; oran employee of the department designated by the executive director; andthe following eight voting members, who shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:one representative who:is an expert and has relevant training and experience in water quality matters;is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience; andrepresents local and special service districts in the state;two government representatives who do not represent the federal government;one representative from the mineral industry;one representative from the manufacturing industry;one representative who represents agricultural and livestock interests;one representative from the public who represents:an environmental nongovernmental organization; ora nongovernmental organization that represents community interests and does not represent industry interests; andone representative from the public who is trained and experienced in public health.A member of the board shall:be knowledgeable about water quality matters, as evidenced by a professional degree, a professional accreditation, or documented experience;be a resident of Utah;attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); andcomply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term.A member shall be appointed for a term of four years and is eligible for reappointment.Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years.A member shall hold office until the expiration of the member's term and until the member's successor is appointed, not to exceed 90 days after the formal expiration of the term.The board shall:organize and annually select one of its members as chair and one of its members as vice chair;hold at least four regular meetings each calendar year; andkeep minutes of its proceedings which are open to the public for inspection.The chair may call a special meeting upon the request of three or more members of the board.Each member of the board and the director shall be notified of the time and place of each meeting.Five members of the board constitute a quorum for the transaction of business, and the action of a majority of members present is the action of the board.A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Amended by Chapter 107, 2025 General Session2025Powers and duties of board.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules that:taking into account Subsection (6):implement the awarding of construction loans to political subdivisions and municipal authorities under Section 11-8-2, including:requirements pertaining to applications for a loan;requirements for determination of an eligible project;requirements for determination of the costs upon which a loan is based, which costs may include engineering, financial, legal, and administrative expenses necessary for the construction, reconstruction, and improvement of a sewage treatment plant, including a major interceptor, collection system, or other facility appurtenant to the plant;a priority schedule for awarding loans, in which the board may consider, in addition to water pollution control needs, any financial needs relevant, including per capita cost, in making a determination of priority; andrequirements for determination of the amount of the loan;implement the awarding of loans for nonpoint source projects pursuant to Section 73-10c-4.5;set effluent limitations and standards subject to Section 19-5-116;implement or effectuate the powers and duties of the board; andprotect the public health for the design, construction, operation, and maintenance of underground wastewater disposal systems, liquid scavenger operations, and vault and earthen pit privies;govern inspection, monitoring, recordkeeping, and reporting requirements for underground injections and require permits for underground injections, to protect drinking water sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil, recognizing that underground injection endangers drinking water sources if:injection may result in the presence of a contaminant in underground water that supplies or can reasonably be expected to supply a public water system, as defined in Section 19-4-102; andthe presence of the contaminant may:result in the public water system not complying with any national primary drinking water standards; orotherwise adversely affect the health of persons;govern sewage sludge management, including permitting, inspecting, monitoring, recordkeeping, and reporting requirements; andnotwithstanding Section 19-4-112, govern design and construction of irrigation systems that:convey sewage treatment facility effluent of human origin in pipelines under pressure, unless contained in surface pipes wholly on private property and for agricultural purposes; andare constructed after May 4, 1998.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall adopt and enforce rules and establish fees to cover the costs of:managing the certification and testing program; andtesting for certification of operators of treatment works and sewerage systems operated by political subdivisions.In establishing certification rules under Subsection (2)(a), the board shall:base the requirements for certification on the size, treatment process type, and complexity of the treatment works and sewerage systems operated by political subdivisions;allow operators until three years after the date of adoption of the rules to obtain initial certification;allow a new operator one year from the date the operator is hired by a treatment plant or sewerage system or three years after the date of adoption of the rules, whichever occurs later, to obtain certification;issue certification upon application and without testing, at a grade level comparable to the grade of current certification to operators who are currently certified under the voluntary certification plan for wastewater works operators as recognized by the board; andissue a certification upon application and without testing that is valid only at the treatment works or sewerage system where that operator is currently employed if the operator:is in charge of and responsible for the treatment works or sewerage system on March 16, 1991;has been employed at least 10 years in the operation of that treatment works or sewerage system before March 16, 1991; anddemonstrates to the board the operator's capability to operate the treatment works or sewerage system at which the operator is currently employed by providing employment history and references as required by the board.The board shall:develop programs for the prevention, control, and abatement of new or existing pollution of the waters of the state;adopt, modify, or repeal standards of quality of the waters of the state and classify those waters according to their reasonable uses in the interest of the public under conditions the board may prescribe for the prevention, control, and abatement of pollution;give reasonable consideration in the exercise of its powers and duties to the economic impact of water pollution control on industry and agriculture;meet the requirements of federal law related to water pollution;establish and conduct a continuing planning process for control of water pollution, including the specification and implementation of maximum daily loads of pollutants;review total daily maximum load reports and recommendations for water quality end points and implementation strategies developed by the division before submission of the report, recommendation, or implementation strategy to the EPA;disapprove, approve, or approve with conditions the staff total daily maximum load recommendations; andprovide suggestions for further consideration to the Division of Water Quality in the event a total daily maximum load strategy is rejected; to ensure compliance with applicable statutes and regulations:review a settlement negotiated by the director under Subsection 19-5-106(2)(k) that requires a civil penalty of $25,000 or more; andapprove or disapprove the settlement described in Subsection (3)(g)(i); andto ensure a prompt and fair settlement under Subsection 19-5-106(2)(k):review an ongoing penalty negotiation between the director and a publicly-owned alleged violator of a provision under this chapter if:the director's proposed penalty exceeds $25,000;the alleged violator requests in writing that the board review the penalty negotiation;the director and the alleged violator do not dispute the violations alleged by the director; andthe director and the alleged violator are unable to agree on a penalty amount; andupon receiving a written request for board review that meets the requirements described in Subsection (3)(h)(i):assign no more than four board members to conduct a mediated settlement conference with the director and the alleged violator;schedule a settlement conference for no sooner than 45 days and no later than 90 days after the day on which the written request is received;recommend a reasonable penalty amount no later than 30 days after the settlement conference; andinform the alleged violator that the director may commence a civil proceeding to assess penalties if necessary to prevent the running of a statute of limitation described in Sections 19-1-305 and 78B-2-307.5.The board may:order the director to issue, modify, or revoke an order:prohibiting or abating discharges;requiring the construction of new treatment works or any parts of the new treatment works;requiring the modification, extension, or alteration of existing treatment works as specified by board rule or any parts of existing treatment works; orthe adoption of other remedial measures to prevent, control, or abate pollution;setting standards of water quality, classifying waters or evidencing any other determination by the board under this chapter; orrequiring compliance with this chapter and with rules made under this chapter;advise, consult, and cooperate with another agency of the state, the federal government, another state, an interstate agency, an affected group, an affected political subdivision, or affected industry to further the purposes of this chapter; ordelegate the authority to issue an operating permit to a local health department.In performing the duties listed in Subsections (1) through (4), the board shall give priority to pollution that results in a hazard to the public health.The board shall take into consideration the availability of federal grants:in determining eligible project costs; andin establishing priorities pursuant to Subsection (1)(a)(i).The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-5-106:a permit;a license;a registration;a certification; oranother administrative authorization made by the director.A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.

Amended by Chapter 484, 2026 General Session2026Legislative review and approval.Before sending a total maximum daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load:for review to the Natural Resources, Agriculture, and Environment Interim Committee if the total maximum daily load will require a public or private expenditure in excess of $10,000,000 but less than $100,000,000 for compliance; orfor approval to the Legislature if the total maximum daily load will require a public or private expenditure of $100,000,000 or more.As used in this Subsection (2):"Expenditure" means the act of expending funds:by an individual public facility with a Utah Pollutant Discharge Elimination System permit, or by a group of private agricultural facilities; andthrough an initial capital investment, or through operational costs over a three-year period."Utah Pollutant Discharge Elimination System" means the state permit system created in accordance with 33 U.S.C. Sec. 1342.Before the board adopts a nitrogen or phosphorus rule or standard, the board shall submit the rule or standard as directed in Subsections (2)(c) and (d).If compliance with the rule or standard requires an expenditure in excess of $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to the Natural Resources, Agriculture, and Environment Interim Committee.Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources, Agriculture, and Environment Interim Committee shall review a rule or standard the board submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment Interim Committee's committee meeting immediately following the day on which the board submits the rule or standard.If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days after the day on which the board submits the rule or standard for review, the Natural Resources, Agriculture, and Environment Interim Committee shall review the rule or standard during the committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting immediately following the committee meeting described in Subsection (2)(c)(ii)(A).If compliance with the rule or standard requires an expenditure of $10,000,000 or more, the board shall submit the rule or standard for approval to the Legislature.A facility shall estimate the cost of compliance with a board-proposed rule or standard described in Subsection (2)(b) using:an independent, licensed engineer; andindustry-accepted project cost estimate methods.The board may evaluate and report on a compliance estimate described in Subsection (2)(e)(i).If there is a discrepancy in the estimated cost to comply with a rule or standard, the Office of the Legislative Fiscal Analyst shall determine the estimated cost to comply with the rule or standard.In reviewing a rule or standard, the Natural Resources, Agriculture, and Environment Interim Committee may:consider the impact of the rule or standard on:economic costs and benefit;public health; andthe environment;suggest additional areas of consideration; orrecommend the rule or standard to the board for:adoption; orre-evaluation followed by further review by the Natural Resources, Agriculture, and Environment Interim Committee.When the Natural Resources, Agriculture, and Environment Interim Committee sets the review of a rule or standard submitted under Subsection (2)(c)(i) as an agenda item, the committee shall:before the review, directly inform the chairs of the General Oversight Committee of the coming review, including the date, time, and place of the review; andafter the review, directly inform the chairs of the General Oversight Committee of the outcome of the review, including any recommendation.

Amended by Chapter 158, 2025 General Session2025Rulemaking authority and procedure.Except as provided in Subsections (2) and (3), no rule that the board makes for the purpose of the state administering a program under the federal Clean Water Act or the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations. In making rules, the board may incorporate by reference corresponding federal regulations.Any rule of the board is subject to Section 63G-3-502.The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if the board makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state. Except as described in Subsection (4), a municipal system authority may not make requirements for permits that are more stringent than corresponding federal regulations for the purpose described in Subsection (1), unless the municipal system authority makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state.The board or a municipal system authority that makes a written finding described in Subsection (2)(a) or (2)(b) shall include a finding referring to and evaluating the public health and environmental information and studies contained in the record that forms the basis for the board's or municipal system authority's finding described in Subsection (2)(a) or (2)(b).The board may make rules related to agriculture water more stringent than the corresponding federal regulations if the commission approves the rules being more stringent than the corresponding federal regulations.The Department of Transportation may make requirements more stringent than corresponding federal regulations when acting under a consent decree related to the administration of the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251, et seq.

Enacted by Chapter 340, 2016 General Session2016Independent peer review of a proposal. As used in this section: "Challenging party" means a person who has or is seeking a permit in accordance with this chapter and chooses to use the independent peer review process described in this section to challenge a proposal. "Independent peer review" is a review conducted: in accordance with this section; by experts having technical expertise in the proposal being reviewed; and by individuals who are not: currently conducting research funded by the division or the challenging party; employed by an entity that is regulated under this chapter; a spouse or family member of someone who is employed by the division or the challenging party; or an active, participatory member of a non-profit organization that advocates positions with the division or the Legislature. "Proposal" means any science-based initiative proposed by the division on or after January 1, 2016, that would financially impact a challenging party and that would: change water quality standards; develop or modify total maximum daily load requirements; modify wasteloads or other regulatory requirements for permits; or change rules or other regulatory guidance. "Study" means a written analysis conducted by or otherwise relied upon by the division in support of a proposal. "Technology based nutrient effluent limits" are maximum nutrient limitations based on the availability of technology to achieve the limitations, rather than on a water quality standard or a total maximum daily load standard. The director shall initiate an independent peer review when the following conditions are met: a challenging party challenges in writing a study or the technical or scientific data upon which a proposal is based and requests an independent peer review; if the independent peer review is related to examining a technology based nutrient effluent limit, the challenging party provides written notice to the division requesting an independent peer review before the technology based nutrient effluent limit is adopted into a permit issued by the division; if the independent peer review is not related to examining a technology based nutrient effluent limit, the challenging party provides written notice to the division requesting an independent peer review related to a proposal before the proposal has been adopted by the division or the board; the challenging party agrees to provide the funding to pay for the independent peer review; and the challenging party would be substantially impacted by the adoption of the proposal. The director shall ensure that the independent peer review is completed within one year from the date the peer review panel described in Subsection (5) is selected. If there is more than one challenging party challenging a study or the technical or scientific data upon which a proposal is based, the challenges will be consolidated into one independent peer review. If challenges are consolidated into one independent peer review, the challenging parties will be responsible for allocating the costs of the independent peer review among the challenging parties. When an independent peer review is conducted, there shall be appointed to a peer review panel a minimum of three independent experts who are mutually agreeable to both the division and the challenging party. Any additional independent experts appointed to the panel shall be mutually agreeable to both the division and the challenging party. If an independent peer review panel has not been appointed within 60 days of the day on which the director receives a written request for an independent peer review, a three-person panel shall be selected as follows: one independent expert selected by the division; one independent expert selected by the challenging party or, if more than one challenge has been consolidated as described in Subsection (4), one independent expert selected and mutually agreed to by the challenging parties; and one independent expert mutually agreeable to the independent experts described in Subsections (5)(c)(i) and (ii). An independent peer review panel shall conduct its review in general accordance with the guidance contained in the United States Environmental Protection Agency's Peer Review Handbook. As part of an independent peer review, the independent peer review panel shall allow for written public comment on the proposal being reviewed prior to issuing a written report. An independent peer review panel shall prepare a final written report that: includes the findings of each member of the panel; is supported by the majority of the panel; includes an analysis of the panel's confidence, certainty, and major data gaps, if any, related to the scientific basis behind the proposal; and includes one of the following findings: the proposal is scientifically defensible; the proposal is not scientifically defensible; or the proposal is scientifically defensible with conditions developed by the panel. In addition to the requirements described in Subsection (7), if an independent peer review panel is examining a technology based nutrient effluent limit for a specified downstream water body or a series of hydrologically connected water bodies, the panel's written report shall find one of the following: the technology based nutrient effluent limit is scientifically necessary to protect the designated beneficial uses of the specified downstream water body or the series of hydrologically connected water bodies; or the technology based nutrient effluent limit is not scientifically necessary to protect the designated beneficial uses of the specified downstream water body or the series of hydrologically connected water bodies. The findings and any conditions of an independent peer review panel shall be incorporated into a proposal as needed to ensure the scientific accuracy of the proposal. A proposal reviewed by an independent peer review panel that is found scientifically defensible or scientifically defensible with conditions may be forwarded to the board or to the director for further consideration and action as applicable. If technology based nutrient effluent limits in a proposal are found by an independent peer review to not be scientifically necessary to protect a specified downstream water body or series of hydrologically connected water bodies, the challenging party shall be granted a variance by the division exempting compliance with the technology based effluent limitation.

Amended by Chapter 256, 2020 General Session2020Agriculture water. The board shall draft any rules relating to agriculture water in cooperation with the commission. The commission shall advise the board before the board may adopt a rule relating to agriculture water. A program or rule adopted by the board for agriculture production or irrigation water shall: be consistent with the federal Clean Water Act; and if possible, be developed in a voluntary cooperative program with the agriculture producer associations and the commission. The board's authority to regulate a discharge is subject to Subsection (3)(b) relating to an agriculture discharge. A person responsible for an agriculture discharge shall mitigate the resulting damage in a reasonable manner, as approved by the director after consulting with the commission chair. A penalty imposed on an agriculture discharge shall be consistent with the penalty policy described in Section 19-5-115 and associated rules, as determined by the director in consultation with the commission chair. An agriculture producer may not be held liable for an agriculture discharge resulting from a large weather event if the agriculture producer has taken reasonable measures, as the board defines by rule, to prevent an agriculture discharge.

Amended by Chapter 107, 2025 General Session2025Director -- Appointment -- Duties.The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director.The director shall:develop programs for the prevention, control, and abatement of new or existing pollution of the waters of the state;advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter;develop programs for the management of sewage sludge;subject to the provisions of this chapter, enforce rules made by the board through the issuance of orders, which orders may include:prohibiting or abating discharges of wastes into the waters of the state;requiring the construction of new control facilities or any parts of them or the modification, extension, or alteration of existing control facilities or any parts of them, or the adoption of other remedial measures to prevent, control, or abate water pollution; orprohibiting any other violation of this chapter or rules made under this chapter;review plans, specifications, or other data relative to pollution control systems or any part of the systems provided for in this chapter;issue construction or operating permits for the installation or modification of treatment works or any parts of the treatment works;after public notice and opportunity for public hearing, issue, continue in effect, renew, revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe to:control the management of sewage sludge; orprevent or control the discharge of pollutants, including effluent limitations for the discharge of wastes into the waters of the state;meet the requirements of federal law related to water pollution;under the direction of the executive director, represent the state in all matters pertaining to water pollution, including interstate compacts and other similar agreements;collect and disseminate information relating to water pollution and the prevention, control, and abatement of water pollution;subject to Subsections 19-5-104(3)(g) and (h), settle or compromise any civil action initiated by the division to compel compliance with this chapter or the rules made under this chapter; andapprove, approve in part, approve with conditions, or deny, in writing, an application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; andissue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act.The director may:employ full-time employees as necessary to carry out the provisions of this chapter;subject to the provisions of this chapter, authorize any employee or representative of the department to enter, at reasonable times and upon reasonable notice, in or upon public or private property for the purposes of inspecting and investigating conditions and plant records concerning possible water pollution;encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and causes of water pollution as necessary for the discharge of duties assigned under this chapter, including the establishment of inventories of pollution sources;collect and disseminate information relating to water pollution and the prevention, control, and abatement of water pollution;subject to the provisions of this chapter, exercise all incidental powers necessary to carry out the purposes of this chapter, including certification to any state or federal authorities for tax purposes only if the construction, installation, or acquisition of any facility, land, building, machinery, equipment, or any part of them conforms with this chapter;cooperate with any person in studies and research regarding water pollution and its control, abatement, and prevention;encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and causes of water pollution; oras authorized by the board and subject to the provisions of this chapter, act as executive secretary of the board under the direction of the chairman of the board.

Amended by Chapter 281, 2018 General Session2018Discharge of pollutants unlawful -- Discharge permit required. Except as provided in this chapter or rules made under it, it is unlawful for any person to discharge a pollutant into waters of the state or to cause pollution which constitutes a menace to public health and welfare, or is harmful to wildlife, fish, or aquatic life, or impairs domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or cause to be placed any waste in a location where there is probable cause to believe it will cause pollution. For purposes of injunctive relief, any violation of this subsection is a public nuisance. A person may not generate, store, treat, process, use, transport, dispose, or otherwise manage sewage sludge, except in compliance with this chapter and rules made under it. For purposes of injunctive relief, any violation of this subsection is a public nuisance. It is unlawful for any person, without first securing a permit from the director, to: make any discharge or manage sewage sludge not authorized under an existing valid discharge permit; or construct, install, modify, or operate any treatment works or part of any treatment works or any extension or addition to any treatment works, or construct, install, or operate any establishment or extension or modification of or addition to any treatment works, the operation of which would probably result in a discharge.

Amended by Chapter 99, 2020 General Session2020Amended by Chapter 256, 2020 General Session2020Discharge permits -- Requirements and procedure for issuance. The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for and require the submission of plans, specifications, and other information to the director in connection with the issuance of discharge permits. A discharge permit shall have a fixed term not exceeding five years. Upon expiration of a discharge permit, a new permit, the permit may be renewed or may be issued by the director as authorized by the board after notice and an opportunity for public hearing and upon condition that the applicant meets or will meet the applicable requirements of this chapter, including the conditions of a permit granted by the board. The board may require notice to the director of the introduction of pollutants into publicly-owned treatment works and identification to the director of the character and volume of any pollutant of any significant source subject to pretreatment standards under Subsection 307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance with pretreatment standards. The director may impose as conditions in permits for the discharge of pollutants from publicly-owned treatment works appropriate measures to establish and ensure compliance by industrial users with any system of user charges required under this chapter or the rules adopted under this chapter. The director may apply and enforce against industrial users of publicly-owned treatment works, toxic effluent standards and pretreatment standards for the introduction into the treatment works of pollutants that interfere with, pass through, or otherwise are incompatible with the treatment works. The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for the permitting of storm water discharges into waters of the state. The director shall administer storm water permits to be consistent with rules established by the board.

Amended by Chapter 158, 2025 General Session2025Construction site storm water runoff control.As used in this section:"Applicant" means a person that applies for an authorization to discharge under a construction storm water permit to conduct or propose to conduct a use of land for a construction site."Applicant" includes a person granted an authorization to discharge under a construction storm water permit once the authorization has been granted."Application" means a construction storm water permit application."Authority" means the Division of Water Quality or a municipal system authority."Best management practice" means the methods, measures, or practices in compliance with 40 C.F.R. Part 450."Construction storm water permit" means a permit required for soil disturbances where the construction activity causes a soil disturbance of:an acre or more; orless than an acre if the application is part of a common plan of development or sale."Electronic site inspection" means geo-located and time-stamped photographs the applicant takes, evaluates, and submits electronically to the authority."Immediate threat" means contaminants are entering a river, a stream, or a lake."Imminent threat" means contaminants are anticipated to be discharged into a river, a stream, or a lake within 48 hours."Municipal system authority" means the entity that is responsible for the oversight of the municipal system."Municipal system" means a municipal separate storm sewer system described in 40 C.F.R. Sec. 122.26."Oversight inspection" means a construction site inspection performed by the authority to impose compliance with the permit."Permit" means a construction storm water permit."Prevention plan" means the storm water pollution prevention plan described in 40 C.F.R. Sec. 122.26."Program" means a program described in Subsection 19-5-104(3)(a)."State transportation project" means a state project on public land to construct, reconstruct, replace, improve, maintain, or preserve transportation infrastructure."State transportation project" includes:a highway; ora public transit facility.The authority may not make or enforce a rule, an ordinance, or a policy regarding the municipal system, more stringent than the corresponding federal regulations under the federal Clean Water Act, unless expressly permitted by state statute.Each authority shall determine the authority's preferred best management practices.Each authority shall publish the authority's preferred best management practices on the authority's website.Each authority shall:maintain a list of requirements that make a complete application for a prevention plan approval; andpublish the list described in Subsection (4)(a) on the authority's website.Except as described in Section 19-5-105, the list of requirements described in Subsection (4)(a) may not exceed the application requirements of 40 C.F.R. Part 122, Subpart B.To apply for a prevention plan approval with a municipal system authority, an applicant shall submit to the municipal system authority a prevention plan for review.A municipal system authority has 14 business days after the day on which an applicant submits a prevention plan to review the prevention plan for compliance with local ordinances, state law, and federal law.A municipal system authority may request more information, or modification to the prevention plan, if the request:for more information, lists specifically why the prevention plan is noncompliant; andfor modification:includes citations to the permit requirements, local ordinances, state law, or federal law that require the modification to the prevention plan; andis logged in an index of requested modification.The municipal system authority has five business days after the day on which the applicant submits the information or modification described in Subsection (6)(b) to complete the review of the prevention plan.Once the review of the prevention plan is complete, the municipal system authority shall notify the applicant, in writing, whether the authorization to discharge is granted.The authority:shall notify the applicant, in writing, of a specific violation;shall provide the applicant a reasonable time of at least one business day to correct the specific violation; andmay perform an inspection to verify that the applicant corrects the specific violation.If an applicant does not correct the specific violation described in Subsection (7)(a)(i) within the timeline set under Subsection (7)(a)(ii), the authority:shall issue a written warning, that the applicant has not corrected the specific violation;may impose a fine if the applicant does not correct the specific violation within no less than an additional one business day; andmay perform an inspection to verify that the applicant corrected the specific violation.If an applicant does not correct the specific violation for which the applicant received notice in accordance with Subsection (7)(a)(i) within the timeline set under Subsection (7)(b), the authority:shall notify the applicant, in writing, that the applicant has not corrected the specific violation; andmay impose an administrative fine for each occurrence as follows:$500 per occurrence for working without an approved storm water permit;$300 per occurrence for tracking mud on road;$250 per occurrence for failure to clean up or report spills;$100 per occurrence for failure to conduct storm water inspections;$100 per occurrence for failure to maintain storm water records; and$500 per site, per occurrence, for failure to use general best management practices, as determined by the authority; andmay impose the administrative fine:for each business day the specific violation continues beginning on the day after the day on which the authority issues the administrative fine; andwithin 30 days after the day on which the applicant corrects the violation.The authority shall:impose each fine in writing and clearly document the specific violation in the writing; anddeposit collected fines into a restricted account for education and outreach under a program.Except as provided in Subsection (7)(f), the authority may not issue an order to stop construction activity for a violation if:an applicant selects the preferred best management practice for the site conditions;an applicant implements and properly uses the preferred best management practices; andthe violation results from a deficiency in the preferred best management practice.The authority may issue an order to stop construction if the authority has a clearly documented reason articulating an immediate threat to water quality.The authority may recoup the reasonable costs incurred to correct a specific violation the applicant refuses to correct after the enforcement process described in this Subsection (7) has been exhausted if the authority, at the time of clean up, determines there is an imminent threat of significant harm to water quality or the storm water system.An authority may not impose a fine for any reason except as provided in Subsection (7).Subsections (3) through (7) do not apply to the Department of Transportation.The Department of Transportation may implement financial disincentives as part of a project contract or specifications.The Department of Transportation may use financial disincentives under this Subsection (8) to offset the cost of a state transportation project.The authority shall develop a checklist for a pre-construction prevention plan review that is consistent with the current EPA Construction General Permit.The applicant, or an applicant's designee, shall participate in the pre-construction site inspections.The authority may conduct a pre-construction site inspection in person or using an electronic site inspection tool.The authority that owns the municipal system that accepts runoff from the construction site shall inspect the construction site.Each authority shall develop, publish, and implement standard operating procedures, forms, or similar types of documents for construction site inspections.The applicant shall allow construction site inspections by the authority.Except as provided in Subsection (12), the authority shall conduct an oversight inspection through an electronic site inspection.Photographs submitted for electronic site inspection shall:include meta data verifying the date, time, and GPS location corresponding to the construction site; andbe of sufficient resolution and clarity to assess compliance with general best management practices.An applicant may opt out of the electronic site inspection and instead elect an on-site inspection.The authority may conduct an on-site inspection if the authority: has a documented reason for justifying an on-site oversight inspection, which may include:alterations of electronic photographs;failure to submit an electronic site inspection at the appropriate time; orthe construction site is within one-half mile of a river, a stream, or a lake;is inspecting a state transportation project; oris inspecting a military project.Only the authority that owns the municipal system that accepts runoff from the construction site may require post-construction maintenance agreements.

Amended by Chapter 438, 2024 General Session2024Storm water permits.As used in this section:"Applicant" means a person who is conducting or proposing to conduct a use of land and who a permittee requires or allows to use low impact development."Independent review" is a review conducted:in accordance with this section; andby an engineer, or engineering firm, designated by the division as having technical expertise in the area of storm water calculations."Low impact development" means structural or natural engineered systems located close to the source of storm water that use or mimic natural processes to encourage infiltration, evapotranspiration, or reuse of the storm water."Permittee" means a municipality or county with a storm water permit under the Utah Pollutant Discharge Elimination System."Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage."Storm water permit" means a permit issued to a permittee by the division for the permittee's municipal separate storm sewer system."Utah Pollutant Discharge Elimination System" means the state-wide program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits under this chapter.A permittee shall reduce any requirement for an applicant to manage or control storm water runoff rates or storm water runoff volumes for flood control purposes to account for the reduction in storm water associated with approved low impact development practices.The director shall create and maintain a list of engineers, including engineering firms, capable of providing independent review of low impact development designs and storm water calculations for use by an applicant and a permittee pursuant to an appeal described in Subsection (4).An applicant who appeals a permittee's determination regarding post-construction retention requirements under the permittee's storm water permit may request the permittee to refer the appeal to independent review for purposes of determining the technical aspects of the appeal, including:the required size of any low impact development system;the calculations of reductions in storm water runoff rates or storm water runoff volumes for flood control due to the use of low impact development; andthe feasibility of constructing low impact development practices required by the permittee.If an applicant makes a request under Subsection (4)(a):the permittee shall:select an engineer or engineering firm from the list described in Subsection (3); andpay one-half of the cost of the independent review.An engineer or engineering firm selected by the permittee under Subsection (4)(b)(i) may not be:associated with the application that is the subject of the appeal; oremployed by the permittee.The applicant shall pay:one-half of the cost of the independent review; andthe municipality's published appeal fee.

Amended by Chapter 114, 1995 General Session1995Grounds for revocation, modification, or suspension of discharge permit. Any permit issued under this chapter may be revoked, modified, or suspended in whole or in part for cause including: violation of any condition of the permit; obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. For purposes of Subsection (1)(c), "condition" does not include statutory or regulatory effluent limitations enacted or adopted during the permit term, other than for toxic pollutants.

Amended by Chapter 388, 2009 General Session2009Designation by governor of areas with quality control problems -- Classification of waters -- Adoption of standards of quality. The governor may identify and designate by boundary, or make a determination not to designate, areas within the state which, as a result of urban-industrial concentration or other factors, have substantial water quality control problems, and designate planning agencies and waste treatment management agencies for these areas. The board may group the waters of the state into classes according to their present most reasonable uses, and after public hearing, upgrade and reclassify from time to time the waters of the state to the extent that it is practical and in the public interest. The board may establish standards of quality for each classification consistent with most reasonable present and future uses of the waters, and the standards may be modified or changed from time to time. Prior to classifying waters, setting quality standards or modifying or repealing them the board shall conduct public hearings for the consideration, adoption, or amendment of the classifications of waters and standards of purity and quality. The notice shall specify the waters concerning which a classification is sought to be made for which standards are sought to be adopted and the time, date, and place of the hearing. The notice shall be: published: at least twice in a newspaper of general circulation in the area affected; and as required in Section 45-1-101; and mailed at least 30 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the board has reason to believe will be affected by the classification and the setting of standards. The adoption of standards of quality for the waters of the state and classification of the waters or any modification or change in classification shall be effectuated by an order of the board which shall be published: in a newspaper of general circulation in the area affected; and as required in Section 45-1-101. In classifying waters and setting standards of water quality, adopting rules, or making any modification or change in classification or standards, the board shall allow and announce a reasonable time, not exceeding statutory deadlines contained in the federal Clean Water Act, for persons discharging wastes into the waters of the state to comply with the classification or standards and may, after public hearing if requested by the permittee, set and revise schedules of compliance and include these schedules within the terms and conditions of permits for the discharge of pollutants. Any discharge in accord with classification or standards authorized by a permit is not pollution for the purpose of this chapter.

Amended by Chapter 158, 2025 General Session2025Notice of violations -- Hearings.Whenever the director determines there are reasonable grounds to believe that there has been a violation of this chapter or any order of the director or the board, the director may give written notice to the alleged violator specifying the provisions that have been violated and the facts that constitute the violation.The notice shall require that the matters complained of be corrected.Except as provided in Subsection (4), the notice may order the alleged violator to appear before an administrative law judge as provided by Section 19-1-301 at a time and place specified in the notice and answer the charges.A person that receives a notice may request an informal adjudicative proceeding to contest a notice or fine imposed in accordance with Subsection 19-5-108.3(7)(c), Section 63G-4-203, and procedural rules the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 360, 2012 General Session2012Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director. Except as provided by Subsection (2), an administrative law judge shall conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301. An administrative law judge shall conduct, on the executive director's behalf, a hearing regarding an appeal of a permit decision for which the state has assumed primacy under the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq. The decision of the executive director is final and binding on all parties unless stayed or overturned on appeal.

Amended by Chapter 360, 2012 General Session2012Power of director to enter property for investigation -- Records and reports required of owners or operators. The director or the director's authorized representative has, after presentation of credentials, the authority to enter at reasonable times upon any private or public property for the purpose of: sampling, inspecting, or investigating matters or conditions relating to pollution or the possible pollution of any waters of the state, effluents or effluent sources, monitoring equipment, or sewage sludge; and reviewing and copying records required to be maintained under this chapter. The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner or operator of a disposal system, including a system discharging into publicly owned treatment works, to: establish and maintain reasonable records and make reports relating to the operation of the system or the management of the sewage sludge; install, use, and maintain monitoring equipment or methods; sample, and analyze effluents or sewage sludges; and provide other information reasonably required. The records, reports, and information shall be available to the public except as provided in Subsection 19-1-306(2) or Subsections 63G-2-305(1) and (2), Government Records Access and Management Act, as appropriate, for other than effluent information.

Amended by Chapter 360, 2012 General Session2012Spills or discharges of oil or other substance -- Notice to director.Any person who spills or discharges any oil or other substance which may cause the pollution of the waters of the state shall immediately notify the director of the spill or discharge, any containment procedures undertaken, and a proposed procedure for cleanup and disposal, in accordance with rules of the board.

Amended by Chapter 434, 2026 General Session2026Violations -- Civil and criminal penalties -- Ordinances and rules of political subdivisions -- Reimbursement for expenses.As used in this section:"Criminal negligence" means the same as that term is defined in Section 76-2-103."Knowingly" means the same as that term is defined in Section 76-2-103."Organization" means a legal entity, other than a government, established or organized for any purpose. "Organization" includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons."Serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty."Willfully" means the same as that term is defined in Section 76-2-103.A person that violates this chapter, or any permit, rule, or order adopted under this chapter, is subject in a civil proceeding to a civil penalty not to exceed $10,000 per day of violation.The department shall retain the revenue from an administrative fine under Subsection 19-5-108.3(7) as a dedicated credit for the purposes of outreach and education to applicants.The division may issue an order to stop construction in accordance with Subsection 19-5-108.3(7).A person is guilty of a class A misdemeanor, subject to imprisonment under Section 76-3-204, and subject to a fine not exceeding $25,000 per day, if the person with criminal negligence:discharges pollutants in violation of Subsection 19-5-107(1) or in violation of any condition or limitation included in a permit issued under Subsection 19-5-107(3);violates Section 19-5-113;violates a pretreatment standard or toxic effluent standard for publicly owned treatment works; ormanages sewage sludge in violation of this chapter or rules adopted under this chapter.A person is guilty of a third degree felony, subject to imprisonment under Section 76-3-203, and subject to a fine not to exceed $50,000 per day of violation, if the person knowingly:discharges pollutants in violation of Subsection 19-5-107(1) or in violation of any condition or limitation included in a permit issued under Subsection 19-5-107(3);violates Section 19-5-113;violates a pretreatment standard or toxic effluent standard for publicly owned treatment works; ormanages sewage sludge in violation of this chapter or rules adopted under this chapter.A person is guilty of a third degree felony, subject to imprisonment under Section 76-3-203, and subject to a fine not exceeding $10,000 per day of violation, if the person knowingly:makes a false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any permit, rule, or order issued under this chapter; orfalsifies, tampers with, or knowingly renders inaccurate a monitoring device or method required to be maintained under this chapter.A person is guilty of a second degree felony, subject to imprisonment under Section 76-3-203, and subject to a fine of not more than $250,000 if the person:knowingly violates this chapter, or any permit, rule, or order adopted under this chapter; andknows at that time that the person is placing another person in imminent danger of death or serious bodily injury.If a person is an organization, the organization shall, upon conviction of violating Subsection (5)(a), be subject to a fine of not more than $1,000,000.A defendant who is an individual is considered to have acted knowingly if:the defendant's conduct placed another person in imminent danger of death or serious bodily injury; andthe defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person.Knowledge possessed by a person other than the defendant may not be attributed to the defendant.Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information.It is an affirmative defense to prosecution under this Subsection (5) that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:an occupation, a business, or a profession; ormedical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved before giving consent.The defendant has the burden of proof to establish an affirmative defense under this Subsection (5)(d) and shall prove that defense by a preponderance of the evidence.For purposes of Subsections (3) through (5), a single operational upset that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.The director may bring a civil action for appropriate relief, including a permanent or temporary injunction, for any violation or threatened violation for which the director is authorized to issue a compliance order under Section 19-5-111.Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring a civil action in the district court where the violation or threatened violation occurs if the director brings the action in a district court.The attorney general is the legal advisor for the board and the director and shall defend the board or director in an action or proceeding brought against the board or director.The county attorney or district attorney, as appropriate under Section 17-68-302 or 17-68-303, in the county in which a cause of action arises, shall bring an action, civil or criminal, requested by the director, to abate a condition that exists in violation of, or to prosecute for the violation of, or to enforce, the laws or the standards, orders, and rules of the board or the director issued under this chapter.The director may initiate an action under this section and be represented by the attorney general.If a person fails to comply with a cease and desist order that is not subject to a stay pending administrative or judicial review, the director may initiate an action for and be entitled to injunctive relief to prevent any further or continued violation of the order.A political subdivision of the state may enact and enforce ordinances or rules for the implementation of this chapter that are not inconsistent with this chapter.For purposes of this section or an ordinance or rule enacted by a political subdivision under Subsection (10), an act performed by an individual wholly within the scope of the individual's employment with an organization, is attributed to the organization.Notwithstanding the other provisions of this section, an action may not be brought against an individual acting wholly within the scope of the individual's employment with an organization if the action is brought under:this section;an ordinance or rule issued by a political subdivision under Subsection (10); orany local law or ordinance governing discharge.Except as provided in Subsections 19-1-303.5(2) and 19-5-108.3(7)(d), and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.

Amended by Chapter 256, 2020 General Session2020Limitation on effluent limitation standards for BOD, Total Suspended Solids, Bacteria, and pH for domestic or municipal sewage.Unless required to meet instream water quality standards or federal requirements established under the federal Clean Water Act, the board may not establish, under Section 19-5-104, effluent limitation standards for Biochemical Oxygen Demand (BOD), Total Suspended Solids (SS), Bacteria, and pH for domestic or municipal sewage that are more stringent than the following: Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values determined on effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period. Total Suspended Solids (SS): The arithmetic mean of SS values determined on effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period. Bacteria: The geometric mean of total coliforms and fecal coliform bacteria in effluent samples collected during any 30-day period may not exceed either 2000/100 ml for total coliforms or 200/100 ml for fecal coliforms. The geometric mean during any seven-day period may not exceed 2500/100 ml for total coliforms or 250/100 for fecal coliforms. The geometric mean of E. coli bacteria in effluent samples collected during any 30-day period shall not exceed 126 per 100 mL nor shall the geometric mean exceed 158 per 100 mL respectively during any 7-day period. pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.

Amended by Chapter 79, 1996 General Session1996Purpose and construction of chapter. It is the purpose of this chapter to provide: additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state; and sufficient authority to allow the state to meet federal requirements for the state's assumption of primacy under the federal Water Pollution Control Act, as amended by the Water Quality Act of 1987, 33 U.S.C. Section 1251 et seq. Nothing in this chapter: abridges or alters rights of action or remedies in equity or under common or statutory law, criminal or civil; or estops the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under common or statutory law to suppress nuisances or to abate pollution.

Renumbered and Amended by Chapter 112, 1991 General Session1991Chapter deemed auxiliary and supplementary to other laws.This chapter does not repeal any laws relating to the pollution of waters or any conservation laws, but is auxiliary and supplementary to them except to the extent that the laws are in direct conflict with this chapter.

Renumbered and Amended by Chapter 112, 1991 General Session1991State permits not required where federal government has primary responsibility.If for any reason, including cessation of federal funding, the federal government has the primary responsibility for the discharge permit or underground injection permit programs in this state, discharge or underground injection permits established by this chapter are not required.

Amended by Chapter 281, 2013 General Session2013Sewage permit program fee. The department may assess a fee established under Section 63J-1-504 against persons required to obtain a permit under Section 19-5-108 for the management of sewage sludge, to be applied to the costs of administering the sewage permit program required by this chapter. In establishing the fee for each sludge disposal permit holder, the department shall take into account the proportionate size of the population served by the permit holder. All proceeds from the fee shall be applied to the administering of the sewage permit program required by this chapter.

Amended by Chapter 297, 2011 General Session2011Underground wastewater disposal systems -- Certification required to design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules -- Fees. As used in this section, "maintain" does not include the pumping of an underground wastewater disposal system. Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002, a person may not design, inspect, maintain, or conduct percolation or soil tests for an underground wastewater disposal system, without first obtaining certification from the board. An individual is not required to obtain certification from the board to maintain an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual or a member of the individual's family and in which the individual or a member of the individual's family resides or an employee of the individual resides without payment of rent. The board shall make rules allowing an uncertified individual to conduct percolation or soil tests for an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual and in which the individual resides or intends to reside, or which is intended for use by an employee of the individual without payment of rent, if the individual: has the capability of properly conducting the tests; and is supervised by a certified individual when conducting the tests. The board shall adopt and enforce rules for the certification and recertification of individuals who design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems. The rules shall specify requirements for education and training and the type and duration of experience necessary to obtain certification. The rules shall recognize the following in meeting the requirements for certification: the experience of a contractor licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, who has five or more years of experience installing underground wastewater disposal systems; the experience of an environmental health scientist licensed under Title 58, Chapter 20b, Environmental Health Scientist Act; or the educational background of a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act. If eligibility for certification is based on experience, the applicant for certification shall show proof of experience. The department may establish fees in accordance with Section 63J-1-504 for the testing and certification of individuals who design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems.

Amended by Chapter 492, 2026 General Session2026Underground wastewater disposal systems -- Fee imposed on new systems.Beginning July 1, 2001, a one-time fee is imposed on a new underground wastewater disposal system installed.Beginning July 1, 2002, the fee shall be established by the department in accordance with Section 63J-1-504.The fee shall be paid when plans and specifications for the construction of a new underground wastewater disposal system are approved by the local health department or the Department of Environmental Quality.A local health department shall remit the fee revenue to the Division of Finance quarterly.The fee revenue shall be:deposited into the Underground Wastewater Disposal Restricted Account created in Section 19-5-123; andused to pay for costs of underground wastewater disposal system training programs.

Enacted by Chapter 274, 2001 General Session2001Underground Wastewater Disposal System Restricted Account created -- Contents -- Use of account money. The Underground Wastewater Disposal System Restricted Account is created within the General Fund. The contents of the account shall consist of: revenue from fees collected under Sections 19-5-121 and 19-5-122; and interest and earnings on account money. Money in the account shall be appropriated by the Legislature to the department for costs of training, testing, and certifying individuals who design, inspect, maintain, or conduct percolation or soils tests for underground wastewater disposal systems.

Enacted by Chapter 81, 2008 General Session2008Phosphorus limit for household dishwashing detergent. As used in this section, "household dishwashing detergent" means a substance used: to clean an item commonly used for preparing food, eating, or drinking; and by an individual for a personal, family, or household purpose. Except as provided by Subsection (3), a person may not sell a household dishwashing detergent that contains 0.5% or more phosphorus by weight on or after July 1, 2010. This section does not apply to a dishwashing detergent designed and used for a commercial or industrial purpose.

Amended by Chapter 3, 2021 Special Session 12021Yurt exemption. As used in this section: "Backcountry waste containment and disposal system" means a pickle pail, rocket box, tube toilet, John-E partner, or similar container used to collect and carry out waste, including fecal matter. "Remote yurt" means the same as that term is defined in Section 15A-1-202. Unless otherwise provided by ordinance in accordance with Subsection 15A-1-204(12)(b), a remote yurt is exempt from this chapter, rules made under this chapter, and local health department's jurisdiction over onsite wastewater disposal, except that the owner of a remote yurt shall ensure that an individual using the remote yurt uses a backcountry waste containment and disposal system and the local health department may enforce the provisions of this section.

Enacted by Chapter 401, 2021 General Session2021Division of Water Quality Oil, Gas, and Mining Restricted Account. As used in this section: "Account" means the Division of Water Quality Oil, Gas, and Mining Restricted Account created by this section. "Division" means the Division of Water Quality. There is created a restricted account within the General Fund known as the "Division of Water Quality Oil, Gas, and Mining Restricted Account." The account consists of: deposits to the account made under Section 51-9-306; appropriations of the Legislature; and interest and other earnings described in Subsection (2)(c). The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account. Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division that are primarily related to oil, gas, and mining. An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a): federal money; or a dedicated credit. Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.

Capital Assets for Wastewater

Enacted by Chapter 66, 2022 General Session2022Definitions.As used in this part: "Capital asset" means an asset that: is a significant investment or an essential component necessary to provide a wastewater service, including: a facility; infrastructure, whether above or below ground level; equipment; or a communications network; and is owned by a wastewater service provider. "Governing body" means a political subdivision governing body defined in Section 63A-15-102. "Large underground wastewater disposal system" is as defined by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. "Wastewater service provider" means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste.

Enacted by Chapter 66, 2022 General Session2022Capital asset management. As a condition of receiving state or federal financing or grants to be used for an improvement to a capital asset related to wastewater or sewer infrastructure, the governing body of a wastewater service provider shall commit to adopt a capital asset management plan. The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required by Subsection (1).