H.B. 252

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WATER QUALITY ACT AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 AN ACT RELATING TO THE ENVIRONMENTAL QUALITY CODE; GRANTING
6 RULEMAKING AUTHORITY TO THE WATER QUALITY BOARD TO REGULATE
7 IRRIGATION SYSTEMS WHICH CONVEY SEWAGE TREATMENT FACILITY
8 EFFLUENT; AND MAKING TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 19-4-112, as renumbered and amended by Chapter 112, Laws of Utah 1991
12 19-5-104, as last amended by Chapter 114, Laws of Utah 1995
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 19-4-112 is amended to read:
15 19-4-112. Limit on authority of department and board to control irrigation facilities
16 -- Precautions relating to nonpotable water systems.
17 (1) Except as provided in this section and in Section 19-5-104, nothing contained in this
18 chapter authorizes the department or board to:
19 (a) exercise administrative control over water used solely for irrigation purposes, whether
20 conveyed in pipes, ditches, canals, or by other facilities; or
21 (b) adopt rules relating to the construction, operation, and maintenance of facilities for
22 conveying irrigation water to the place of use.
23 (2) Where nonpotable water is conveyed in pipelines under pressure in areas served by a
24 potable water system, the following precautions shall be observed:
25 (a) a distinctive coloring or other marking on all exposed portions of the nonpotable
26 system shall be used;
27 (b) potable and nonpotable water system service lines and extensions shall be completely

1 separated and shall be installed in separate trenches;
2 (c) all hydrants and sprinkling system control valves shall be operated by a removable key
3 so that it is not possible to turn on the hydrant or valve without a key;
4 (d) there shall be no cross connection between the potable and nonpotable water systems;
5 (e) the nonpotable system shall not be extended into any building except greenhouses or
6 other buildings for plant and animal production; and
7 (f) no connection in the nonpotable water system shall be made except by the persons
8 responsible for its management.
9 Section 2. Section 19-5-104 is amended to read:
10 19-5-104. Powers and duties of board.
11 (1) The board has the following powers and duties, but the board shall give priority to
12 pollution that results in hazards to the public health:
13 (a) develop programs for the prevention, control, and abatement of new or existing
14 pollution of the waters of the state;
15 (b) advise, consult, and cooperate with other agencies of the state, the federal government,
16 other states, and interstate agencies, and with affected groups, political subdivisions, and industries
17 to further the purposes of this chapter;
18 (c) encourage, participate in, or conduct studies, investigations, research, and
19 demonstrations relating to water pollution and causes of water pollution as the board finds
20 necessary to discharge its duties;
21 (d) collect and disseminate information relating to water pollution and the prevention,
22 control, and abatement of water pollution;
23 (e) adopt, modify, or repeal standards of quality of the waters of the state and classify
24 those waters according to their reasonable uses in the interest of the public under conditions the
25 board may prescribe for the prevention, control, and abatement of pollution;
26 (f) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
27 Act, to:
28 (i) implement awarding construction loans to political subdivisions and municipal
29 authorities under Section 11-8-2, including:
30 (A) requirements pertaining to applications for loans;
31 (B) requirements for determination of eligible projects;

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1 (C) requirements for determination of the costs upon which loans are based, which costs
2 may include engineering, financial, legal, and administrative expenses necessary for the
3 construction, reconstruction, and improvement of sewage treatment plants, including major
4 interceptors, collection systems, and other facilities appurtenant to the plant;
5 (D) a priority schedule for awarding loans, in which the board may consider in addition
6 to water pollution control needs any financial needs relevant, including per capita cost, in making
7 a determination of priority; and
8 (E) requirements for determination of the amount of the loan, taking into consideration the
9 availability of federal grants in determining the eligible project costs and in establishing priorities;
10 (ii) set effluent limitations and standards subject to Section 19-5-116;
11 (iii) implement or effectuate the powers and duties of the board; and
12 (iv) protect the public health for the design, construction, operation, and maintenance of
13 individual wastewater disposal systems, liquid scavenger operations, and vault and earthen pit
14 privies;
15 (g) issue, modify, or revoke orders:
16 (i) prohibiting or abating discharges;
17 (ii) requiring the construction of new treatment works or any parts of them, or requiring
18 the modification, extension, or alteration of existing treatment works as specified by board rule or
19 any parts of them, or the adoption of other remedial measures to prevent, control, or abate
20 pollution;
21 (iii) setting standards of water quality, classifying waters or evidencing any other
22 determination by the board under this chapter; and
23 (iv) requiring compliance with this chapter and with rules made under this chapter;
24 (h) review plans, specifications, or other data relative to disposal systems or any part of
25 disposal systems, and issue construction permits for the installation or modification of treatment
26 works or any parts of them;
27 (i) after public notice and opportunity for a public hearing, issue, continue in effect,
28 revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe
29 to control the management of sewage sludge or to prevent or control the discharge of pollutants,
30 including effluent limitations for the discharge of wastes into the waters of the state;
31 (j) give reasonable consideration in the exercise of its powers and duties to the economic

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1 impact of water pollution control on industry and agriculture;
2 (k) exercise all incidental powers necessary to carry out the purposes of this chapter,
3 including delegation to the department of its duties as appropriate to improve administrative
4 efficiency;
5 (l) meet the requirements of federal law related to water pollution;
6 (m) establish and conduct a continuing planning process for control of water pollution
7 including the specification and implementation of maximum daily loads of pollutants;
8 (n) make rules governing inspection, monitoring, recordkeeping, and reporting
9 requirements for underground injections and require permits for them, to protect drinking water
10 sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,
11 recognizing that underground injection endangers drinking water sources if:
12 (i) injection may result in the presence of any contaminant in underground water which
13 supplies or can reasonably be expected to supply any public water system, as defined in Section
14 19-4-102; and
15 (ii) the presence of the contaminant may result in the public water system not complying
16 with any national primary drinking water standards or may otherwise adversely affect the health
17 of persons;
18 (o) make rules governing sewage sludge management, including permitting, inspecting,
19 monitoring, recordkeeping, and reporting requirements; [and]
20 (p) adopt and enforce rules and establish fees to cover the costs of testing for certification
21 of operators of treatment works and sewerage systems operated by political subdivisions; and
22 (q) notwithstanding the provisions of Section 19-4-112, make rules governing irrigation
23 systems which convey sewage treatment facility effluent in pipelines under pressure, and which
24 are constructed after May 4, 1998.
25 (2) In establishing certification rules under Subsection (1)(p), the board shall:
26 (a) base the requirements for certification on the size, treatment process type, and
27 complexity of the treatment works and sewerage systems operated by political subdivisions;
28 (b) allow operators until three years after the date of adoption of the rules to obtain initial
29 certification;
30 (c) allow new operators one year from the date they are hired by a treatment plant or
31 sewerage system or three years after the date of adoption of the rules, whichever occurs later, to

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1 obtain certification;
2 (d) issue certification upon application and without testing, at a grade level comparable
3 to the grade of current certification to operators who are currently certified under the voluntary
4 certification plan for wastewater works operators as recognized by the board; and
5 (e) issue a certification upon application and without testing that is valid only at the
6 treatment works or sewerage system where that operator is currently employed if the operator:
7 (i) is in charge of and responsible for the treatment works or sewerage system on [the
8 effective date of this act] March 16, 1991;
9 (ii) has been employed at least ten years in the operation of that treatment works or
10 sewerage system prior to [the effective date of this act] March 16, 1991; or
11 (iii) demonstrates to the board his capability to operate the treatment works or sewerage
12 system at which he is currently employed by providing employment history and references as
13 required by the board.




Legislative Review Note
as of 12-29-97 8:45 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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