Second Substitute S.B. 151

Senator David L. Thomas proposes the following substitute bill:

1 WASTE WATER AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Thomas
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions related to the treatment and use of sewage effluent.
9 Highlighted Provisions:
10 This bill:
11 . provides for a hearing if a protest is filed regarding a sewage effluent use or change
12 in the point of discharge; and
13 . makes certain technical changes.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 73-3c-8, as enacted by Chapter 39, Laws of Utah 1995
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 73-3c-8 is amended to read:
24 73-3c-8. Application for a sewage effluent use or change in point of discharge --
25 State engineer to make rules -- Hearing by state engineer.

26 (1) [Any] A person intending to apply sewage effluent to a beneficial use pursuant to
27 Subsection 73-3c-2 (1) or 73-3c-3 (1) or change the point of discharge of sewage effluent
28 pursuant to Subsection 73-3c-7 (1) shall [notify] make application to the state engineer [of the
29 use] describing the proposed use of sewage effluent or change in point of discharge as provided
30 by rules of the state engineer.
31 (2) The applicant shall pay a filing fee to the state engineer in an amount set by rule.
32 [(2)] (3) (a) The state engineer shall publish notice of the [notification] application in a
33 newspaper of general circulation in the county where downstream water users may be affected
34 by the use or change in point of discharge.
35 (b) [The notification] Notice of the application:
36 (i) shall be published once a week for two successive weeks; and
37 (ii) may be published in more than one newspaper.
38 (c) (i) An interested person may file a protest within 20 days after the notice is
39 published.
40 (ii) The state engineer may hold a hearing.
41 (d) After reviewing and investigating the application, the state engineer shall issue a
42 decision that states whether the application is approved or rejected, and, if approved, the
43 conditions of approval.
44 (e) A person may seek judicial review of the state engineer's decision as provided for in
45 Section 73-3-14 .