H.B. 458

1

WASTEWATER SYSTEM AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrick Painter
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill repeals provisions related to a loan and the negotiation of a loan for a
10 municipal sewage treatment facility.
11 Highlighted Provisions:
12 This bill:
13 . repeals provisions related to a loan and the negotiation of a loan for a municipal
14 sewage treatment facility; and
15 . makes technical corrections.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides an effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 19-5-104 (Superseded 07/01/12), as last amended by Laws of Utah 2008, Chapters 336
23 and 382
24 19-5-104 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapter 304
25 REPEALS:
26 11-8-2, as last amended by Laws of Utah 2005, Chapter 105
27 11-8-3, as last amended by Laws of Utah 2000, Chapter 222

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 19-5-104 (Superseded 07/01/12) is amended to read:
31 19-5-104 (Superseded 07/01/12). Powers and duties of board.
32 (1) The board has the following powers and duties:
33 (a) develop programs for the prevention, control, and abatement of new or existing
34 pollution of the waters of the state;
35 (b) advise, consult, and cooperate with other agencies of the state, the federal
36 government, other states, and interstate agencies, and with affected groups, political
37 subdivisions, and industries to further the purposes of this chapter;
38 (c) encourage, participate in, or conduct studies, investigations, research, and
39 demonstrations relating to water pollution and causes of water pollution as the board finds
40 necessary to discharge its duties;
41 (d) collect and disseminate information relating to water pollution and the prevention,
42 control, and abatement of water pollution;
43 (e) adopt, modify, or repeal standards of quality of the waters of the state and classify
44 those waters according to their reasonable uses in the interest of the public under conditions the
45 board may prescribe for the prevention, control, and abatement of pollution;
46 (f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
47 Rulemaking Act, taking into account Subsection (3), to:
48 (i) implement the awarding of construction loans to political subdivisions and
49 municipal authorities [under Section 11-8-2 ], including:
50 (A) requirements pertaining to applications for loans;
51 (B) requirements for determination of eligible projects;
52 (C) requirements for determination of the costs upon which loans are based, which
53 costs may include engineering, financial, legal, and administrative expenses necessary for the
54 construction, reconstruction, and improvement of sewage treatment plants, including major
55 interceptors, collection systems, and other facilities appurtenant to the plant;
56 (D) a priority schedule for awarding loans, in which the board may consider in addition
57 to water pollution control needs any financial needs relevant, including per capita cost, in
58 making a determination of priority; and

59 (E) requirements for determination of the amount of the loan;
60 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
61 73-10c-4.5 ;
62 (iii) set effluent limitations and standards subject to Section 19-5-116 ;
63 (iv) implement or effectuate the powers and duties of the board; and
64 (v) protect the public health for the design, construction, operation, and maintenance of
65 underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
66 pit privies;
67 (g) issue, modify, or revoke orders:
68 (i) prohibiting or abating discharges;
69 (ii) requiring the construction of new treatment works or any parts of them, or requiring
70 the modification, extension, or alteration of existing treatment works as specified by board rule
71 or any parts of them, or the adoption of other remedial measures to prevent, control, or abate
72 pollution;
73 (iii) setting standards of water quality, classifying waters or evidencing any other
74 determination by the board under this chapter; and
75 (iv) requiring compliance with this chapter and with rules made under this chapter;
76 (h) (i) review plans, specifications, or other data relative to disposal systems or any part
77 of disposal systems;
78 (ii) issue construction or operating permits for the installation or modification of
79 treatment works or any parts of the treatment works; and
80 (iii) delegate the authority to issue an operating permit to a local health department;
81 (i) after public notice and opportunity for a public hearing, issue, continue in effect,
82 revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe
83 to:
84 (i) control the management of sewage sludge; or
85 (ii) prevent or control the discharge of pollutants, including effluent limitations for the
86 discharge of wastes into the waters of the state;
87 (j) give reasonable consideration in the exercise of its powers and duties to the
88 economic impact of water pollution control on industry and agriculture;
89 (k) exercise all incidental powers necessary to carry out the purposes of this chapter,

90 including delegation to the department of its duties as appropriate to improve administrative
91 efficiency;
92 (l) meet the requirements of federal law related to water pollution;
93 (m) establish and conduct a continuing planning process for control of water pollution
94 including the specification and implementation of maximum daily loads of pollutants;
95 (n) make rules governing inspection, monitoring, recordkeeping, and reporting
96 requirements for underground injections and require permits for them, to protect drinking water
97 sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,
98 recognizing that underground injection endangers drinking water sources if:
99 (i) injection may result in the presence of any contaminant in underground water that
100 supplies or can reasonably be expected to supply any public water system, as defined in Section
101 19-4-102 ; and
102 (ii) the presence of the contaminant may:
103 (A) result in the public water system not complying with any national primary drinking
104 water standards; or
105 (B) otherwise adversely affect the health of persons;
106 (o) make rules governing sewage sludge management, including permitting, inspecting,
107 monitoring, recordkeeping, and reporting requirements;
108 (p) adopt and enforce rules and establish fees to cover the costs of testing for
109 certification of operators of treatment works and sewerage systems operated by political
110 subdivisions;
111 (q) notwithstanding the provisions of Section 19-4-112 , make rules governing design
112 and construction of irrigation systems that:
113 (i) convey sewage treatment facility effluent of human origin in pipelines under
114 pressure, unless contained in surface pipes wholly on private property and for agricultural
115 purposes; and
116 (ii) are constructed after May 4, 1998; and
117 (r) (i) approve, approve in part, approve with conditions, or deny, in writing, an
118 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
119 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
120 Reuse Act.

121 (2) In performing the duties listed in Subsection (1), the board shall give priority to
122 pollution that results in a hazard to the public health.
123 (3) The board shall take into consideration the availability of federal grants:
124 (a) in determining eligible project costs; and
125 (b) in establishing priorities pursuant to Subsection (1)(f)(i).
126 (4) In establishing certification rules under Subsection (1)(p), the board shall:
127 (a) base the requirements for certification on the size, treatment process type, and
128 complexity of the treatment works and sewerage systems operated by political subdivisions;
129 (b) allow operators until three years after the date of adoption of the rules to obtain
130 initial certification;
131 (c) allow a new operator one year from the date the operator is hired by a treatment
132 plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
133 later, to obtain certification;
134 (d) issue certification upon application and without testing, at a grade level comparable
135 to the grade of current certification to operators who are currently certified under the voluntary
136 certification plan for wastewater works operators as recognized by the board; and
137 (e) issue a certification upon application and without testing that is valid only at the
138 treatment works or sewerage system where that operator is currently employed if the operator:
139 (i) is in charge of and responsible for the treatment works or sewerage system on
140 March 16, 1991;
141 (ii) has been employed at least 10 years in the operation of that treatment works or
142 sewerage system prior to March 16, 1991; and
143 (iii) demonstrates to the board the operator's capability to operate the treatment works
144 or sewerage system at which the operator is currently employed by providing employment
145 history and references as required by the board.
146 Section 2. Section 19-5-104 (Effective 07/01/12) is amended to read:
147 19-5-104 (Effective 07/01/12). Powers and duties of board.
148 (1) The board has the following powers and duties:
149 (a) develop programs for the prevention, control, and abatement of new or existing
150 pollution of the waters of the state;
151 (b) advise, consult, and cooperate with other agencies of the state, the federal

152 government, other states, and interstate agencies, and with affected groups, political
153 subdivisions, and industries to further the purposes of this chapter;
154 (c) encourage, participate in, or conduct studies, investigations, research, and
155 demonstrations relating to water pollution and causes of water pollution as the board finds
156 necessary to discharge its duties;
157 (d) collect and disseminate information relating to water pollution and the prevention,
158 control, and abatement of water pollution;
159 (e) adopt, modify, or repeal standards of quality of the waters of the state and classify
160 those waters according to their reasonable uses in the interest of the public under conditions the
161 board may prescribe for the prevention, control, and abatement of pollution;
162 (f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
163 Rulemaking Act, taking into account Subsection (3), to:
164 (i) implement the awarding of construction loans to political subdivisions and
165 municipal authorities [under Section 11-8-2 ], including:
166 (A) requirements pertaining to applications for loans;
167 (B) requirements for determination of eligible projects;
168 (C) requirements for determination of the costs upon which loans are based, which
169 costs may include engineering, financial, legal, and administrative expenses necessary for the
170 construction, reconstruction, and improvement of sewage treatment plants, including major
171 interceptors, collection systems, and other facilities appurtenant to the plant;
172 (D) a priority schedule for awarding loans, in which the board may consider in addition
173 to water pollution control needs any financial needs relevant, including per capita cost, in
174 making a determination of priority; and
175 (E) requirements for determination of the amount of the loan;
176 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
177 73-10c-4.5 ;
178 (iii) set effluent limitations and standards subject to Section 19-5-116 ;
179 (iv) implement or effectuate the powers and duties of the board; and
180 (v) protect the public health for the design, construction, operation, and maintenance of
181 underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
182 pit privies;

183 (g) issue, modify, or revoke orders:
184 (i) prohibiting or abating discharges;
185 (ii) requiring the construction of new treatment works or any parts of them, or requiring
186 the modification, extension, or alteration of existing treatment works as specified by board rule
187 or any parts of them, or the adoption of other remedial measures to prevent, control, or abate
188 pollution;
189 (iii) setting standards of water quality, classifying waters or evidencing any other
190 determination by the board under this chapter; and
191 (iv) requiring compliance with this chapter and with rules made under this chapter;
192 (h) (i) review plans, specifications, or other data relative to disposal systems or any part
193 of disposal systems;
194 (ii) issue construction or operating permits for the installation or modification of
195 treatment works or any parts of the treatment works; and
196 (iii) delegate the authority to issue an operating permit to a local health department;
197 (i) after public notice and opportunity for a public hearing, issue, continue in effect,
198 revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe
199 to:
200 (i) control the management of sewage sludge; or
201 (ii) prevent or control the discharge of pollutants, including effluent limitations for the
202 discharge of wastes into the waters of the state;
203 (j) give reasonable consideration in the exercise of its powers and duties to the
204 economic impact of water pollution control on industry and agriculture;
205 (k) exercise all incidental powers necessary to carry out the purposes of this chapter,
206 including delegation to the department of its duties as appropriate to improve administrative
207 efficiency;
208 (l) meet the requirements of federal law related to water pollution;
209 (m) establish and conduct a continuing planning process for control of water pollution
210 including the specification and implementation of maximum daily loads of pollutants;
211 (n) make rules governing inspection, monitoring, recordkeeping, and reporting
212 requirements for underground injections and require permits for them, to protect drinking water
213 sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,

214 recognizing that underground injection endangers drinking water sources if:
215 (i) injection may result in the presence of any contaminant in underground water that
216 supplies or can reasonably be expected to supply any public water system, as defined in Section
217 19-4-102 ; and
218 (ii) the presence of the contaminant may:
219 (A) result in the public water system not complying with any national primary drinking
220 water standards; or
221 (B) otherwise adversely affect the health of persons;
222 (o) make rules governing sewage sludge management, including permitting, inspecting,
223 monitoring, recordkeeping, and reporting requirements;
224 (p) adopt and enforce rules and establish fees to cover the costs of testing for
225 certification of operators of treatment works and sewerage systems operated by political
226 subdivisions;
227 (q) notwithstanding the provisions of Section 19-4-112 , make rules governing design
228 and construction of irrigation systems that:
229 (i) convey sewage treatment facility effluent of human origin in pipelines under
230 pressure, unless contained in surface pipes wholly on private property and for agricultural
231 purposes; and
232 (ii) are constructed after May 4, 1998;
233 (r) (i) approve, approve in part, approve with conditions, or deny, in writing, an
234 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act;
235 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
236 Reuse Act; and
237 (s) (i) review all total daily maximum load reports and recommendations for water
238 quality end points and implementation strategies developed by the division before submission
239 of the report, recommendation, or implementation strategy to the EPA;
240 (ii) disapprove, approve, or approve with conditions all staff total daily maximum load
241 recommendations; and
242 (iii) provide suggestions for further consideration to the Division of Water Quality in
243 the event a total daily maximum load strategy is rejected.
244 (2) In performing the duties listed in Subsection (1), the board shall give priority to

245 pollution that results in a hazard to the public health.
246 (3) The board shall take into consideration the availability of federal grants:
247 (a) in determining eligible project costs; and
248 (b) in establishing priorities pursuant to Subsection (1)(f)(i).
249 (4) In establishing certification rules under Subsection (1)(p), the board shall:
250 (a) base the requirements for certification on the size, treatment process type, and
251 complexity of the treatment works and sewerage systems operated by political subdivisions;
252 (b) allow operators until three years after the date of adoption of the rules to obtain
253 initial certification;
254 (c) allow a new operator one year from the date the operator is hired by a treatment
255 plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
256 later, to obtain certification;
257 (d) issue certification upon application and without testing, at a grade level comparable
258 to the grade of current certification to operators who are currently certified under the voluntary
259 certification plan for wastewater works operators as recognized by the board; and
260 (e) issue a certification upon application and without testing that is valid only at the
261 treatment works or sewerage system where that operator is currently employed if the operator:
262 (i) is in charge of and responsible for the treatment works or sewerage system on
263 March 16, 1991;
264 (ii) has been employed at least 10 years in the operation of that treatment works or
265 sewerage system prior to March 16, 1991; and
266 (iii) demonstrates to the board the operator's capability to operate the treatment works
267 or sewerage system at which the operator is currently employed by providing employment
268 history and references as required by the board.
269 Section 3. Repealer.
270 This bill repeals:
271 Section 11-8-2, State loans for sewage treatment facilities -- Rules of Water Quality
272 Board.
273 Section 11-8-3, Department of Environmental Quality to negotiate loans for
274 sewage facilities.
275 Section 4. Effective date.

276 This bill takes effect on May 8, 2012, except that Section 19-5-104 (Effective 07/01/12)
277 takes effect on July 1, 2012.




Legislative Review Note
as of 2-9-12 8:19 AM

Office of Legislative Research and General Counsel