S.B. 21 Enrolled

1

DEPARTMENT OF ENVIRONMENTAL QUALITY BOARDS
2 REVISIONS
3 2012 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Margaret Dayton
6 House Sponsor: Bill Wright
7
8 LONG TITLE
9 General Description:
10 This bill changes the composition of each board created under Title 19, Environmental
11 Quality Code, requires specific qualifications for a board member, subjects a board
12 member to certain requirements, transfers some powers and duties from the boards to
13 the executive director or division directors, and gives rulemaking authority to the
14 department.
15 Highlighted Provisions:
16 This bill:
17 . gives rulemaking authority to the Department of Environmental Quality to create
18 attendance standards and conflicts of interest procedures for board members and to
19 make procedural rules for adjudicative proceedings;
20 . changes the composition of each board created under Title 19, Environmental
21 Quality Code;
22 . provides a transition to the new composition of each board created under Title 19,
23 Environmental Quality Code;
24 . establishes qualifications for board members;
25 . requires board members to comply with attendance standards and conflict of interest
26 procedures;
27 . provides for the executive director of the Department of Environmental Quality to
28 take final dispositive action on an adjudicative proceeding under Title 19,
29 Environmental Quality Code;

30 . transfers powers and duties from a board to a division director;
31 . provides for certain division boards to approve enforcement settlements negotiated
32 by a division director that exceed $25,000; and
33 . makes technical changes.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 This bill provides an effective date.
38 This bill coordinates with S.B. 11, Department of Environmental Quality Boards
39 Adjudicative Proceedings, by providing substantive and technical amendments.
40 Utah Code Sections Affected:
41 AMENDS:
42 19-1-105, as enacted by Laws of Utah 1991, Chapter 112
43 19-1-201, as last amended by Laws of Utah 2010, Chapter 17
44 19-1-301, as last amended by Laws of Utah 2009, Chapter 377
45 19-2-102, as last amended by Laws of Utah 2008, Chapter 68
46 19-2-103, as last amended by Laws of Utah 2010, Chapter 286
47 19-2-104, as last amended by Laws of Utah 2011, Chapter 174
48 19-2-105, as last amended by Laws of Utah 2005, Chapter 2
49 19-2-107, as renumbered and amended by Laws of Utah 1991, Chapter 112
50 19-2-108, as last amended by Laws of Utah 2009, Chapter 377
51 19-2-109, as last amended by Laws of Utah 2010, Chapter 90
52 19-2-109.1, as last amended by Laws of Utah 2011, Chapter 297
53 19-2-109.2, as last amended by Laws of Utah 2010, Chapters 286 and 324
54 19-2-110, as last amended by Laws of Utah 2009, Chapter 377
55 19-2-115, as last amended by Laws of Utah 2011, Chapter 297
56 19-2-116, as renumbered and amended by Laws of Utah 1991, Chapter 112
57 19-2-117, as renumbered and amended by Laws of Utah 1991, Chapter 112

58 19-2-120, as renumbered and amended by Laws of Utah 1991, Chapter 112
59 19-3-102, as last amended by Laws of Utah 2001, Chapter 314
60 19-3-103, as last amended by Laws of Utah 2010, Chapter 286
61 19-3-103.5, as last amended by Laws of Utah 2009, Chapter 377
62 19-3-104, as last amended by Laws of Utah 2009, Chapter 183
63 19-3-105, as last amended by Laws of Utah 2007, Chapter 26
64 19-3-106.4, as last amended by Laws of Utah 2009, Chapter 183
65 19-3-108, as enacted by Laws of Utah 1991, Chapter 112
66 19-3-109, as last amended by Laws of Utah 2008, Chapter 382
67 19-3-111, as last amended by Laws of Utah 2008, Chapter 382
68 19-4-102, as last amended by Laws of Utah 2008, Chapter 51
69 19-4-103, as last amended by Laws of Utah 2010, Chapter 286
70 19-4-104, as last amended by Laws of Utah 2009, Chapter 377
71 19-4-106, as renumbered and amended by Laws of Utah 1991, Chapter 112
72 19-4-107, as renumbered and amended by Laws of Utah 1991, Chapter 112
73 19-4-109, as last amended by Laws of Utah 2008, Chapter 382
74 19-5-102 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapters 155,
75 297, and 304
76 19-5-103, as last amended by Laws of Utah 2010, Chapter 286
77 19-5-104 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapter 304
78 19-5-105.5, as enacted by Laws of Utah 2011, Chapter 155
79 19-5-106, as last amended by Laws of Utah 1995, Chapter 114
80 19-5-107, as last amended by Laws of Utah 1998, Chapter 271
81 19-5-108, as last amended by Laws of Utah 1995, Chapter 114
82 19-5-111, as last amended by Laws of Utah 2009, Chapter 377
83 19-5-112, as last amended by Laws of Utah 2009, Chapter 377
84 19-5-113, as last amended by Laws of Utah 2008, Chapter 382
85 19-5-114, as renumbered and amended by Laws of Utah 1991, Chapter 112

86 19-5-115, as last amended by Laws of Utah 2011, Chapters 297 and 340
87 19-6-102, as last amended by Laws of Utah 2011, Chapter 366
88 19-6-102.1, as enacted by Laws of Utah 1996, Chapter 230
89 19-6-102.6, as last amended by Laws of Utah 2008, Chapter 382
90 19-6-103, as last amended by Laws of Utah 2010, Chapter 286
91 19-6-104, as last amended by Laws of Utah 2009, Chapter 377
92 19-6-105, as last amended by Laws of Utah 2008, Chapter 382
93 19-6-107, as renumbered and amended by Laws of Utah 1991, Chapter 112
94 19-6-108, as last amended by Laws of Utah 2011, Chapters 133 and 297
95 19-6-108.3, as last amended by Laws of Utah 2008, Chapters 250 and 382
96 19-6-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
97 19-6-112, as renumbered and amended by Laws of Utah 1991, Chapter 112
98 19-6-117, as renumbered and amended by Laws of Utah 1991, Chapter 112
99 19-6-119, as last amended by Laws of Utah 2006, Chapter 251
100 19-6-120, as last amended by Laws of Utah 2010, Chapter 391
101 19-6-402, as last amended by Laws of Utah 2010, Chapter 324
102 19-6-403, as last amended by Laws of Utah 2008, Chapters 56 and 382
103 19-6-404, as last amended by Laws of Utah 1997, Chapter 172
104 19-6-405.3, as last amended by Laws of Utah 2010, Chapter 186
105 19-6-405.7, as last amended by Laws of Utah 2002, Chapter 256
106 19-6-407, as last amended by Laws of Utah 1997, Chapter 172
107 19-6-408, as last amended by Laws of Utah 2009, Chapter 183
108 19-6-409, as last amended by Laws of Utah 2010, Chapter 186
109 19-6-411, as last amended by Laws of Utah 1998, Chapter 95
110 19-6-412, as last amended by Laws of Utah 1997, Chapter 172
111 19-6-413, as last amended by Laws of Utah 2011, Chapter 297
112 19-6-414, as last amended by Laws of Utah 1997, Chapter 172
113 19-6-416, as last amended by Laws of Utah 1999, Chapter 21

114 19-6-416.5, as enacted by Laws of Utah 1994, Chapter 297
115 19-6-417, as last amended by Laws of Utah 1997, Chapter 172
116 19-6-418, as last amended by Laws of Utah 1998, Chapter 255
117 19-6-419, as last amended by Laws of Utah 2010, Chapter 186
118 19-6-420, as last amended by Laws of Utah 1998, Chapter 255
119 19-6-421, as last amended by Laws of Utah 1997, Chapter 172
120 19-6-423, as last amended by Laws of Utah 2010, Chapter 186
121 19-6-424, as last amended by Laws of Utah 1997, Chapter 172
122 19-6-424.5, as last amended by Laws of Utah 1998, Chapter 255
123 19-6-425, as last amended by Laws of Utah 1997, Chapter 172
124 19-6-428, as last amended by Laws of Utah 2006, Chapter 107
125 19-6-601, as enacted by Laws of Utah 1991, Chapter 122 and renumbered and amended
126 by Laws of Utah 1991, Chapter 112
127 19-6-606, as last amended by Laws of Utah 1996, Chapter 79
128 19-6-703, as last amended by Laws of Utah 2010, Chapter 324
129 19-6-704, as last amended by Laws of Utah 2009, Chapter 377
130 19-6-705, as last amended by Laws of Utah 1997, Chapter 186
131 19-6-706, as last amended by Laws of Utah 2010, Chapter 324
132 19-6-710, as last amended by Laws of Utah 1997, Chapter 186
133 19-6-711, as enacted by Laws of Utah 1993, Chapter 283
134 19-6-712, as last amended by Laws of Utah 2009, Chapter 388
135 19-6-717, as enacted by Laws of Utah 1993, Chapter 283
136 19-6-718, as enacted by Laws of Utah 1993, Chapter 283
137 19-6-721, as last amended by Laws of Utah 2008, Chapter 382
138 19-6-803, as last amended by Laws of Utah 2008, Chapter 382
139 19-6-804, as last amended by Laws of Utah 2002, Chapter 256
140 19-6-806, as last amended by Laws of Utah 2009, Chapter 183
141 19-6-811, as last amended by Laws of Utah 2002, Chapter 256

142 19-6-817, as last amended by Laws of Utah 2002, Chapter 256
143 19-6-819, as last amended by Laws of Utah 2008, Chapter 382
144 19-6-820, as last amended by Laws of Utah 2001, Chapter 165
145 19-6-821, as last amended by Laws of Utah 2008, Chapter 382
146 19-6-1002, as enacted by Laws of Utah 2006, Chapter 187
147 19-6-1003, as last amended by Laws of Utah 2009, Chapter 183
148 19-6-1004, as enacted by Laws of Utah 2006, Chapter 187
149 19-6-1005, as enacted by Laws of Utah 2006, Chapter 187
150 19-6-1102, as enacted by Laws of Utah 2009, Chapter 340
151 19-6-1104, as enacted by Laws of Utah 2009, Chapter 340
152 19-8-106, as enacted by Laws of Utah 1997, Chapter 247
153 19-8-119, as last amended by Laws of Utah 2009, Chapter 356
154 41-6a-1644, as last amended by Laws of Utah 2009, Chapter 333
155 59-1-403, as last amended by Laws of Utah 2011, Chapters 46, 344, and 410
156 72-6-106.5, as enacted by Laws of Utah 2009, Chapter 340
157 Utah Code Sections Affected by Coordination Clause:
158 19-1-201, as last amended by Laws of Utah 2010, Chapter 17
159 19-1-301, as last amended by Laws of Utah 2009, Chapter 377
160 19-1-301.5, Utah Code Annotated 1953
161
162 Be it enacted by the Legislature of the state of Utah:
163 Section 1. Section 19-1-105 is amended to read:
164 19-1-105. Divisions of department -- Control by division directors.
165 (1) The following divisions are created within the department:
166 (a) the Division of Air Quality, to administer Title 19, Chapter 2, Air Conservation
167 Act;
168 (b) the Division of Drinking Water, to administer Title 19, Chapter 4, Safe Drinking
169 Water Act;

170 (c) the Division of Environmental Response and Remediation, to administer:
171 (i) Title 19, Chapter 6, [Parts 3 and 4] Part 3, Hazardous Substances Mitigation Act;
172 and
173 (ii) Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
174 (d) the Division of Radiation Control, to administer Title 19, Chapter 3, Radiation
175 Control Act;
176 (e) the Division of Solid and Hazardous Waste, to administer:
177 (i) Title 19, Chapter 6, [Parts 1, 2, and 5] Part 1, Solid and Hazardous Waste Act; [and]
178 (ii) Title 19, Chapter 6, Part 2, Hazardous Waste Facility Siting Act;
179 (iii) Title 19, Chapter 6, Part 5, Solid Waste Management Act;
180 (iv) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal;
181 (v) Title 19, Chapter 6, Part 7, Used Oil Management Act;
182 (vi) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act;
183 (vii) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act;
184 (viii) Title 19, Chapter 6, Part 11, Industrial Byproduct Reuse; and
185 (ix) Title 19, Chapter 6, Part 12, Disposal of Electronic Waste Program; and
186 (f) the Division of Water Quality, to administer Title 19, Chapter 5, Water Quality Act.
187 (2) Each division is under the immediate direction and control of a division director
188 appointed by the executive director.
189 (3) (a) [Each] A division director shall possess the [necessary] administrative skills and
190 training [to adequately qualify him for his position] necessary to perform the duties of division
191 director. [He]
192 (b) A division director shall [have graduated] hold one of the following degrees from
193 an accredited college or university [with]:
194 [(a)] (i) a four-year degree in physical or biological science or engineering;
195 [(b)] (ii) a related degree; or
196 [(c)] (iii) a degree in law.
197 (4) [Each director may be removed at the will of the] The executive director may

198 remove a division director at will.
199 (5) A division director shall serve as the executive secretary to the policymaking board,
200 created in Section 19-1-106 , that has rulemaking authority over the division director's division.
201 Section 2. Section 19-1-201 is amended to read:
202 19-1-201. Powers and duties of department -- Rulemaking authority.
203 (1) The department shall:
204 (a) enter into cooperative agreements with the Department of Health to delineate
205 specific responsibilities to assure that assessment and management of risk to human health
206 from the environment are properly administered;
207 (b) consult with the Department of Health and enter into cooperative agreements, as
208 needed, to ensure efficient use of resources and effective response to potential health and safety
209 threats from the environment, and to prevent gaps in protection from potential risks from the
210 environment to specific individuals or population groups; [and]
211 (c) coordinate implementation of environmental programs to maximize efficient use of
212 resources by developing, with local health departments, a Comprehensive Environmental
213 Service Delivery Plan that:
214 (i) recognizes that the department and local health departments are the foundation for
215 providing environmental health programs in the state;
216 (ii) delineates the responsibilities of the department and each local health department
217 for the efficient delivery of environmental programs using federal, state, and local authorities,
218 responsibilities, and resources;
219 (iii) provides for the delegation of authority and pass through of funding to local health
220 departments for environmental programs, to the extent allowed by applicable law, identified in
221 the plan, and requested by the local health department; and
222 (iv) is reviewed and updated annually[.]; and
223 (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
224 Rulemaking Act, as follows:
225 (i) for a board created in Section 19-1-106 , rules regarding:

226 (A) board meeting attendance; and
227 (B) conflicts of interest procedures; and
228 (ii) rules that govern an adjudicative proceeding, consistent with Section 19-1-301 and
229 Title 63G, Chapter 4, Administrative Procedures Act.
230 (2) The department may:
231 (a) investigate matters affecting the environment;
232 (b) investigate and control matters affecting the public health when caused by
233 environmental hazards;
234 (c) prepare, publish, and disseminate information to inform the public concerning
235 issues involving environmental quality;
236 (d) establish and operate programs, as authorized by this title, necessary for protection
237 of the environment and public health from environmental hazards;
238 (e) use local health departments in the delivery of environmental health programs to
239 the extent provided by law;
240 (f) enter into contracts with local health departments or others to meet responsibilities
241 established under this title;
242 (g) acquire real and personal property by purchase, gift, devise, and other lawful
243 means;
244 (h) prepare and submit to the governor a proposed budget to be included in the budget
245 submitted by the governor to the Legislature;
246 (i) (i) establish a schedule of fees that may be assessed for actions and services of the
247 department according to the procedures and requirements of Section 63J-1-504 ; and
248 (ii) in accordance with Section 63J-1-504 , all fees shall be reasonable, fair, and reflect
249 the cost of services provided;
250 (j) prescribe by rule reasonable requirements not inconsistent with law relating to
251 environmental quality for local health departments;
252 (k) perform the administrative functions of the boards established by Section 19-1-106 ,
253 including the acceptance and administration of grants from the federal government and from

254 other sources, public or private, to carry out the board's functions;
255 (l) upon the request of any board or [the executive secretary] a division director,
256 provide professional, technical, and clerical staff and field and laboratory services, the extent of
257 which are limited by the funds available to the department for the staff and services; and
258 (m) establish a supplementary fee, not subject to Section 63J-1-504 , to provide service
259 that the person paying the fee agrees by contract to be charged for the service in order to
260 efficiently utilize department resources, protect department permitting processes, address
261 extraordinary or unanticipated stress on permitting processes, or make use of specialized
262 expertise.
263 (3) In providing service under Subsection (2)(m), the department may not provide
264 service in a manner that impairs any other person's service from the department.
265 Section 3. Section 19-1-301 is amended to read:
266 19-1-301. Adjudicative proceedings.
267 (1) As used in this section, "dispositive action" is a final agency action that:
268 (a) [a board] the executive director takes following an adjudicative proceeding on a
269 request for agency action; and
270 (b) is subject to judicial review under Section 63G-4-403 .
271 (2) (a) The department and its boards shall comply with the procedures and
272 requirements of Title 63G, Chapter 4, Administrative Procedures Act.
273 (b) The procedures for an adjudicative proceeding conducted by an administrative law
274 judge are governed by:
275 (i) Title 63G, Chapter 4, Administrative Procedures Act;
276 (ii) rules adopted by [a board] the department as authorized by:
277 (A) Subsection 63G-4-102 (6); and
278 (B) this title; and
279 (iii) the Utah Rules of Civil Procedure, in the absence of a procedure established under
280 Subsection (2)(b)(i) or (ii).
281 (3) [An] Except as provided in Section 19-2-113 , an administrative law judge shall

282 hear a party's request for agency action [made to a board created in Section 19-1-106 ].
283 (4) The executive director shall appoint an administrative law judge who:
284 (a) is a member in good standing of the Utah State Bar;
285 (b) has a minimum of:
286 (i) 10 years of experience practicing law; and
287 (ii) five years of experience practicing in the field of:
288 (A) environmental compliance;
289 (B) natural resources;
290 (C) regulation by an administrative agency; or
291 (D) a field related to a field listed in Subsections (4)(b)(ii)(A) through (C); and
292 (c) has a working knowledge of the federal laws and regulations and state statutes and
293 rules applicable to a request for agency action.
294 (5) In appointing an administrative law judge who meets the qualifications listed in
295 Subsection (4), the executive director may:
296 (a) compile a list of persons who may be engaged as an administrative law judge pro
297 tempore by mutual consent of the parties to an adjudicative proceeding;
298 (b) appoint an assistant attorney general as an administrative law judge pro tempore; or
299 (c) (i) appoint an administrative law judge as an employee of the department; and
300 (ii) assign the administrative law judge responsibilities in addition to conducting an
301 adjudicative proceeding.
302 (6) (a) An administrative law judge [shall]:
303 (i) shall conduct an adjudicative proceeding;
304 (ii) may take any action that is not a dispositive action; and
305 (iii) shall submit to the [board] executive director a proposed dispositive action,
306 including:
307 (A) written findings of fact;
308 (B) written conclusions of law; and
309 (C) a recommended order.

310 (b) [A board] The executive director may:
311 (i) approve, approve with modifications, or disapprove a proposed dispositive action
312 submitted to the [board] executive director under Subsection (6)(a); or
313 (ii) return the proposed dispositive action to the administrative law judge for further
314 action as directed.
315 (c) In making a decision regarding a dispositive action, the executive director may seek
316 the advice of, and consult with:
317 (i) the assistant attorney general assigned to the department; or
318 (ii) a special master who:
319 (A) is appointed by the executive director; and
320 (B) is an expert in the subject matter of the proposed dispositive action.
321 (d) The executive director shall base a final dispositive action on the record of the
322 proceeding before the administrative law judge.
323 (7) To conduct an adjudicative proceeding, an administrative law judge may:
324 (a) compel:
325 (i) the attendance of a witness; and
326 (ii) the production of a document or other evidence;
327 (b) administer an oath;
328 (c) take testimony; and
329 (d) receive evidence as necessary.
330 (8) A party may appear before an administrative law judge in person, through an agent
331 or employee, or as provided by [a board] department rule.
332 (9) (a) An administrative law judge [or board member] or the executive director may
333 not [communicate] participate in an ex parte communication with a party to an adjudicative
334 proceeding regarding the merits of the adjudicative proceeding unless notice and an
335 opportunity to be heard are afforded to all parties.
336 (b) [An] If an administrative law judge or [board member who] the executive director
337 receives an ex parte communication, the person who receives the ex parte communication shall

338 place the communication into the public record of the proceedings and afford all parties an
339 opportunity to comment on the information.
340 (10) Nothing in this section limits a party's right to an adjudicative proceeding under
341 Title 63G, Chapter 4, Administrative Procedures Act.
342 Section 4. Section 19-2-102 is amended to read:
343 19-2-102. Definitions.
344 As used in this chapter:
345 (1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid,
346 or any combination of them, excluding steam and water vapors.
347 (2) "Air contaminant source" means all sources of emission of air contaminants
348 whether privately or publicly owned or operated.
349 (3) "Air pollution" means the presence in the ambient air of one or more air
350 contaminants in the quantities and duration and under conditions and circumstances as is or
351 tends to be injurious to human health or welfare, animal or plant life, or property, or would
352 unreasonably interfere with the enjoyment of life or use of property, as determined by the rules
353 adopted by the board.
354 (4) "Ambient air" means the surrounding or outside air.
355 (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite
356 (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
357 (6) "Asbestos-containing material" means any material containing more than 1%
358 asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National
359 Emission Standard for Asbestos.
360 (7) "Asbestos inspection" means an activity undertaken to determine the presence or
361 location, or to assess the condition of, asbestos-containing material or suspected
362 asbestos-containing material, whether by visual or physical examination, or by taking samples
363 of the material.
364 (8) (a) "Board" means the Air Quality Board.
365 (b) "Board" means, as used in Sections 19-2-123 through 19-2-126 , the Air Quality

366 Board or the Water Quality Board.
367 (9) "Clean school bus" has the same meaning as defined in 42 U.S.C. Sec. 16091.
368 (10) ["Executive secretary"] "Director" means the [executive secretary of the board]
369 director of the Division of Air Quality.
370 (11) "Division" means the Division of Air Quality, created in Subsection
371 19-1-105 (1)(a).
372 [(11)] (12) (a) "Facility" means machinery, equipment, structures, or any part or
373 accessories of them, installed or acquired for the primary purpose of controlling or disposing of
374 air pollution.
375 (b) "Facility" does not include an air conditioner, fan, or other similar facility for the
376 comfort of personnel.
377 [(12)] (13) "Friable asbestos-containing material" means any material containing more
378 than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M,
379 National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce
380 to powder when dry.
381 [(13)] (14) "Indirect source" means a facility, building, structure, or installation which
382 attracts or may attract mobile source activity that results in emissions of a pollutant for which
383 there is a national standard.
384 [(14)] (15) (a) "Pollution control facility" or "facility" means, as used in Sections
385 19-2-123 through 19-2-126 , any land, structure, building, installation, excavation, machinery,
386 equipment, or device, or any addition to, reconstruction, replacement or improvement of, land
387 or an existing structure, building, installation, excavation, machinery, equipment, or device
388 reasonably used, erected, constructed, acquired, or installed by any person if the primary
389 purpose of the use, erection, construction, acquisition, or installation is the prevention, control,
390 or reduction of air or water pollution by:
391 (i) the disposal or elimination of or redesign to eliminate waste and the use of treatment
392 works for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or
393 (ii) the disposal, elimination, or reduction of or redesign to eliminate or reduce air

394 contaminants or air pollution or air contamination sources and the use of air cleaning devices.
395 (b) "Pollution control facility" or "facility" does not include air conditioners, septic
396 tanks, or other facilities for human waste, nor any property installed, constructed, or used for
397 the moving of sewage to the collection facilities of a public or quasi-public sewerage system.
398 Section 5. Section 19-2-103 is amended to read:
399 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
400 and expenses.
401 (1) The board [comprises 11 members, one of whom shall be] consists of the following
402 nine members:
403 (a) the following non-voting member, except that the member may vote to break a tie
404 vote between the voting members:
405 (i) the executive director [and 10 of whom]; or
406 (ii) an employee of the department designated by the executive director; and
407 (b) the following eight voting members, who shall be appointed by the governor with
408 the consent of the Senate[.]:
409 (i) one representative who:
410 (A) is not connected with industry;
411 (B) is an expert in air quality matters; and
412 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
413 with relevant training and experience;
414 (ii) two government representatives who do not represent the federal government;
415 (iii) one representative from the mining industry;
416 (iv) one representative from the fuels industry;
417 (v) one representative from the manufacturing industry;
418 (vi) one representative from the public who represents:
419 (A) an environmental nongovernmental organization; or
420 (B) a nongovernmental organization that represents community interests and does not
421 represent industry interests; and

422 (vii) one representative from the public who is trained and experienced in public
423 health.
424 (2) [The members] A member of the board shall:
425 (a) be knowledgeable [of] about air pollution matters [and shall be:], as evidenced by a
426 professional degree, a professional accreditation, or documented experience;
427 [(a) a practicing physician and surgeon licensed in the state not connected with
428 industry;]
429 [(b) a registered professional engineer who is not from industry;]
430 [(c) a representative from municipal government;]
431 [(d) a representative from county government;]
432 [(e) a representative from agriculture;]
433 [(f) a representative from the mining industry;]
434 [(g) a representative from manufacturing;]
435 [(h) a representative from the fuel industry; and]
436 [(i) two representatives of the public not representing or connected with industry, at
437 least one of whom represents organized environmental interests.]
438 (b) be a resident of Utah;
439 (c) attend board meetings in accordance with the attendance rules made by the
440 department under Subsection 19-1-201 (1)(d)(i)(A); and
441 (d) comply with all applicable statutes, rules, and policies, including the conflict of
442 interest rules made by the department under Subsection 19-1-201 (1)(d)(i)(B).
443 (3) No more than five of the appointed members of the board shall belong to the same
444 political party.
445 (4) [The] A majority of the members of the board may not derive any significant
446 portion of their income from persons subject to permits or orders under this chapter. [Any
447 potential conflict of interest of any member or the executive secretary, relevant to the interests
448 of the board, shall be adequately disclosed.]
449 [(5) Members serving on the Air Conservation Committee created by Laws of Utah

450 1981, Chapter 126, as amended, shall serve as members of the board throughout the terms for
451 which they were appointed.]
452 [(6)] (5) (a) [Except as required by Subsection (6)(b), members] Members shall be
453 appointed for a term of four years.
454 (b) Notwithstanding the requirements of Subsection [(6)] (5)(a), the governor shall, at
455 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
456 board members are staggered so that [approximately] half of the appointed board is appointed
457 every two years.
458 (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
459 appointed before March 1, 2013, shall expire on February 28, 2013.
460 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
461 accordance with this section.
462 [(7)] (6) A member may serve more than one term.
463 [(8)] (7) A member shall hold office until the expiration of the member's term and until
464 the member's successor is appointed, but not more than 90 days after the expiration of the
465 member's term.
466 [(9)] (8) When a vacancy occurs in the membership for any reason, the replacement
467 shall be appointed for the unexpired term.
468 [(10)] (9) The board shall elect annually a chair and a vice chair from its members.
469 [(11)] (10) (a) The board shall meet at least quarterly[, and special].
470 (b) Special meetings may be called by the chair upon [his] the chair's own initiative,
471 upon the request of the [executive secretary] director, or upon the request of three members of
472 the board.
473 [(b)] (c) Three days' notice shall be given to each member of the board [prior to] before
474 any meeting.
475 [(12)] (11) [Six] Five members constitute a quorum at any meeting, and the action of a
476 majority of members present is the action of the board.
477 [(13)] (12) A member may not receive compensation or benefits for the member's

478 service, but may receive per diem and travel expenses in accordance with:
479 (a) Section 63A-3-106 ;
480 (b) Section 63A-3-107 ; and
481 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
482 63A-3-107 .
483 Section 6. Section 19-2-104 is amended to read:
484 19-2-104. Powers of board.
485 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
486 Administrative Rulemaking Act:
487 (a) regarding the control, abatement, and prevention of air pollution from all sources
488 and the establishment of the maximum quantity of air contaminants that may be emitted by any
489 air contaminant source;
490 (b) establishing air quality standards;
491 (c) requiring persons engaged in operations which result in air pollution to:
492 (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
493 (ii) file periodic reports containing information relating to the rate, period of emission,
494 and composition of the air contaminant; and
495 (iii) provide access to records relating to emissions which cause or contribute to air
496 pollution;
497 (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter
498 II - Asbestos Hazard Emergency Response, and reviewing and approving asbestos management
499 plans submitted by local education agencies under that act;
500 (e) establishing a requirement for a diesel emission opacity inspection and maintenance
501 program for diesel-powered motor vehicles;
502 (f) implementing an operating permit program as required by and in conformity with
503 Titles IV and V of the federal Clean Air Act Amendments of 1990;
504 (g) establishing requirements for county emissions inspection and maintenance
505 programs after obtaining agreement from the counties that would be affected by the

506 requirements;
507 (h) with the approval of the governor, implementing in air quality nonattainment areas
508 employer-based trip reduction programs applicable to businesses having more than 100
509 employees at a single location and applicable to federal, state, and local governments to the
510 extent necessary to attain and maintain ambient air quality standards consistent with the state
511 implementation plan and federal requirements under the standards set forth in Subsection (2);
512 and
513 (i) implementing lead-based paint remediation training, certification, and performance
514 requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
515 Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406.
516 (2) When implementing Subsection (1)(h) the board shall take into consideration:
517 (a) the impact of the business on overall air quality; and
518 (b) the need of the business to use automobiles in order to carry out its business
519 purposes.
520 (3) (a) The board may:
521 [(a)] (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of,
522 or matter in, the administration of this chapter [and compel the attendance of witnesses and the
523 production of documents and other evidence, administer oaths and take testimony, and receive
524 evidence as necessary];
525 [(ii) receive a proposed dispositive action from an administrative law judge as provided
526 by Section 19-1-301 ; and]
527 [(iii) (A) approve, approve with modifications, or disapprove a proposed dispositive
528 action; or]
529 [(B) return the proposed dispositive action to the administrative law judge for further
530 action as directed;]
531 (ii) order the director to:
532 [(b)] (A) issue orders necessary to enforce the provisions of this chapter[,];
533 (B) enforce the orders by appropriate administrative and judicial proceedings[, and]; or

534 (C) institute judicial proceedings to secure compliance with this chapter; or
535 [(c) settle or compromise any civil action initiated to compel compliance with this
536 chapter and the rules made under this chapter;]
537 [(d) secure necessary scientific, technical, administrative, and operational services,
538 including laboratory facilities, by contract or otherwise;]
539 [(e) prepare and develop a comprehensive plan or plans for the prevention, abatement,
540 and control of air pollution in this state;]
541 (iii) advise, consult, contract, and cooperate with other agencies of the state, local
542 governments, industries, other states, interstate or interlocal agencies, the federal government,
543 or interested persons or groups.
544 (b) The board shall:
545 (i) to ensure compliance with applicable statutes and regulations:
546 (A) review a settlement negotiated by the director in accordance with Subsection
547 19-2-107 (2)(b)(viii) that requires a civil penalty of $25,000 or more; and
548 (B) approve or disapprove the settlement;
549 [(f)] (ii) encourage voluntary cooperation by persons and affected groups to achieve the
550 purposes of this chapter;
551 [(g) encourage local units of government to handle air pollution within their respective
552 jurisdictions on a cooperative basis and provide technical and consultative assistance to them;]
553 [(h) encourage and conduct studies, investigations, and research relating to air
554 contamination and air pollution and their causes, effects, prevention, abatement, and control;]
555 [(i) determine by means of field studies and sampling the degree of air contamination
556 and air pollution in all parts of the state;]
557 [(j) monitor the effects of the emission of air contaminants from motor vehicles on the
558 quality of the outdoor atmosphere in all parts of this state and take appropriate action with
559 respect to them;]
560 [(k) collect and disseminate information and conduct educational and training
561 programs relating to air contamination and air pollution;]

562 [(l) advise, consult, contract, and cooperate with other agencies of the state, local
563 governments, industries, other states, interstate or interlocal agencies, the federal government,
564 and with interested persons or groups;]
565 [(m) consult, upon request, with any person proposing to construct, install, or
566 otherwise acquire an air contaminant source in the state concerning the efficacy of any
567 proposed control device, or system for this source, or the air pollution problem which may be
568 related to the source, device, or system, but a consultation does not relieve any person from
569 compliance with this chapter, the rules adopted under it, or any other provision of law;]
570 [(n) accept, receive, and administer grants or other funds or gifts from public and
571 private agencies, including the federal government, for the purpose of carrying out any of the
572 functions of this chapter;]
573 [(o)] (iii) require the owner and operator of each new source which directly emits or
574 has the potential to emit 100 tons per year or more of any air contaminant or the owner or
575 operator of each existing source which by modification will increase emissions or have the
576 potential of increasing emissions by 100 tons per year or more of any air contaminant, to pay a
577 fee sufficient to cover the reasonable costs of:
578 [(i)] (A) reviewing and acting upon the notice required under Section 19-2-108 ; and
579 [(ii)] (B) implementing and enforcing requirements placed on the sources by any
580 approval order issued pursuant to notice, not including any court costs associated with any
581 enforcement action;
582 [(p) assess and collect noncompliance penalties as required in Section 120 of the
583 federal Clean Air Act, 42 U.S.C. Sec. 7420;]
584 [(q)] (iv) meet the requirements of federal air pollution laws;
585 [(r)] (v) establish work practice, certification, and clearance air sampling requirements
586 for persons who:
587 [(i)] (A) contract for hire to conduct demolition, renovation, salvage, encapsulation
588 work involving friable asbestos-containing materials, or asbestos inspections;
589 [(ii)] (B) conduct work described in Subsection (3)[(r)(i)](b)(v)(A) in areas to which

590 the general public has unrestrained access or in school buildings that are subject to the federal
591 Asbestos Hazard Emergency Response Act of 1986;
592 [(iii)] (C) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
593 Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
594 [(iv)] (D) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et
595 seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
596 [(s)] (vi) establish certification requirements for persons required under 15 U.S.C.A.
597 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency
598 Response, to be accredited as inspectors, management planners, abatement project designers,
599 asbestos abatement contractors and supervisors, or asbestos abatement workers;
600 [(t)] (vii) establish certification requirements for asbestos project monitors, which shall
601 provide for experience-based certification of persons who, prior to establishment of the
602 certification requirements, had received relevant asbestos training, as defined by rule, and had
603 acquired at least 1,000 hours of experience as project monitors;
604 [(u)] (viii) establish certification procedures and requirements for certification of the
605 conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the
606 tax credit granted in Section 59-7-605 or 59-10-1009 ;
607 [(v)] (ix) establish a program to certify private sector air quality permitting
608 professionals (AQPP), as described in Section 19-2-109.5 ;
609 [(w)] (x) establish certification requirements for persons required under 15 U.S.C.A.
610 2601 et seq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited
611 as inspectors, risk assessors, supervisors, project designers, or abatement workers; and
612 [(x)] (xi) assist the State Board of Education in adopting school bus idling reduction
613 standards and implementing an idling reduction program in accordance with Section
614 41-6a-1308 .
615 (4) Any rules adopted under this chapter shall be consistent with provisions of federal
616 laws, if any, relating to control of motor vehicles or motor vehicle emissions.
617 (5) Nothing in this chapter authorizes the board to require installation of or payment for

618 any monitoring equipment by the owner or operator of a source if the owner or operator has
619 installed or is operating monitoring equipment that is equivalent to equipment which the board
620 would require under this section.
621 (6) The board may not require testing for asbestos or related materials on a residential
622 property with four or fewer units.
623 (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
624 following that are subject to the authority granted to the director under Section 19-2-107 or
625 19-2-108 :
626 (a) a permit;
627 (b) a license;
628 (c) a registration;
629 (d) a certification; or
630 (e) another administrative authorization made by the director.
631 (8) A board member may not speak or act for the board unless the board member is
632 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
633 (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the
634 board by a federally enforceable state implementation plan.
635 Section 7. Section 19-2-105 is amended to read:
636 19-2-105. Duties of board.
637 The board, in conjunction with the governing body of each county identified in Section
638 41-6a-1643 and other interested parties, shall order the director to perform an evaluation of the
639 inspection and maintenance program developed under Section 41-6a-1643 including issues
640 relating to:
641 (1) the implementation of a standardized inspection and maintenance program;
642 (2) out-of-state registration of vehicles used in Utah;
643 (3) out-of-county registration of vehicles used within the areas required to have an
644 inspection and maintenance program;
645 (4) use of the farm truck exemption;

646 (5) mechanic training programs;
647 (6) emissions standards; and
648 (7) emissions waivers.
649 Section 8. Section 19-2-107 is amended to read:
650 19-2-107. Director -- Appointment -- Powers.
651 (1) The executive [secretary] director shall [be appointed by the executive] appoint the
652 director[, with the approval of the board, and]. The director shall serve under the
653 administrative direction of the executive director.
654 (2) (a) The [executive secretary may] director shall:
655 [(a) develop programs for the prevention, control, and abatement of new or existing air
656 pollution resources of the state;]
657 (i) prepare and develop comprehensive plans for the prevention, abatement, and control
658 of air pollution in Utah;
659 [(b)] (ii) advise, consult, and cooperate with other agencies of the state, the federal
660 government, other states and interstate agencies, and [with] affected groups, political
661 subdivisions, and industries in furtherance of the purposes of this chapter;
662 (iii) review plans, specifications, or other data relative to pollution control systems or
663 any part of the systems provided in this chapter;
664 (iv) under the direction of the executive director, represent the state in all matters
665 relating to interstate air pollution, including interstate compacts and similar agreements;
666 (v) secure necessary scientific, technical, administrative, and operational services,
667 including laboratory facilities, by contract or otherwise;
668 (vi) encourage voluntary cooperation by persons and affected groups to achieve the
669 purposes of this chapter;
670 (vii) encourage local units of government to handle air pollution within their respective
671 jurisdictions on a cooperative basis and provide technical and consulting assistance to them;
672 (viii) determine by means of field studies and sampling the degree of air contamination
673 and air pollution in all parts of the state;

674 (ix) monitor the effects of the emission of air contaminants from motor vehicles on the
675 quality of the outdoor atmosphere in all parts of Utah and take appropriate responsive action;
676 (x) collect and disseminate information relating to air contamination and air pollution
677 and conduct educational and training programs relating to air contamination and air pollution;
678 (xi) assess and collect noncompliance penalties as required in Section 120 of the
679 federal Clean Air Act, 42 U.S.C. Section 7420;
680 (xii) comply with the requirements of federal air pollution laws;
681 (xiii) subject to the provisions of this chapter, enforce rules through the issuance of
682 orders, including:
683 (A) prohibiting or abating discharges of wastes affecting ambient air;
684 (B) requiring the construction of new control facilities or any parts of new control
685 facilities or the modification, extension, or alteration of existing control facilities or any parts
686 of new control facilities; or
687 (C) adopting other remedial measures to prevent, control, or abate air pollution; and
688 (xiv) as authorized by the board and subject to the provisions of this chapter, act as
689 executive secretary of the board under the direction of the chairman of the board.
690 (b) The director may:
691 [(c)] (i) employ full-time employees necessary to carry out this chapter;
692 [(d)] (ii) [as authorized by the board,] subject to the provisions of this chapter,
693 authorize any employee or representative of the department to enter at reasonable time and
694 upon reasonable notice in or upon public or private property for the purposes of inspecting and
695 investigating conditions and plant records concerning possible air pollution;
696 [(e)] (iii) encourage, participate in, or conduct studies, investigations, research, and
697 demonstrations relating to air pollution and its causes [of it], effects, prevention, abatement,
698 and control, as advisable and necessary for the discharge of duties assigned under this chapter,
699 including the establishment of inventories of pollution sources;
700 [(f)] (iv) collect and disseminate information relating to air pollution and the
701 prevention, control, and abatement of it;

702 [(g) as authorized by the board subject to the provisions of this chapter, enforce rules
703 through the issuance of orders, including:]
704 [(i) prohibiting or abating discharges of wastes affecting ambient air;]
705 [(ii) requiring the construction of new control facilities or any parts of new control
706 facilities or the modification, extension, or alteration of existing control facilities or any parts
707 of new control facilities; or]
708 [(iii) the adoption of other remedial measures to prevent, control, or abate air
709 pollution;]
710 [(h) review plans, specifications, or other data relative to pollution control systems or
711 any part of the systems provided in this chapter;]
712 (v) cooperate with studies and research relating to air pollution and its control,
713 abatement, and prevention;
714 (vi) subject to Subsection (3), upon request, consult concerning the following with any
715 person proposing to construct, install, or otherwise acquire an air contaminant source in Utah:
716 (A) the efficacy of any proposed control device or proposed control system for the
717 source; or
718 (B) the air pollution problem that may be related to the source, device, or system;
719 (vii) accept, receive, and administer grants or other funds or gifts from public and
720 private agencies, including the federal government, for the purpose of carrying out any of the
721 functions of this chapter;
722 (viii) subject to Subsection 19-2-104 (3)(b)(i), settle or compromise any civil action
723 initiated by the division to compel compliance with this chapter or the rules made under this
724 chapter; or
725 [(i)] (ix) as authorized by the board[,] and subject to the provisions of this chapter,
726 exercise all incidental powers necessary to carry out the purposes of this chapter, including
727 certification to any state or federal authorities for tax purposes the fact of construction,
728 installation, or acquisition of any facility, land, building, machinery, or equipment or any part
729 of them, in conformity with this chapter[;].

730 [(j) cooperate with any person in studies and research regarding air pollution, its
731 control, abatement, and prevention; and]
732 [(k) represent the state with the specific concurrence of the executive director in all
733 matters pertaining to interstate air pollution, including interstate compacts and similar
734 agreements.]
735 (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the
736 requirements of this chapter, the rules adopted under this chapter, or any other provision of
737 law.
738 Section 9. Section 19-2-108 is amended to read:
739 19-2-108. Notice of construction or modification of installations required --
740 Authority of director to prohibit construction -- Hearings -- Limitations on authority of
741 director -- Inspections authorized.
742 (1) [The board shall require that notice] Notice shall be given to the [executive
743 secretary] director by any person planning to construct a new installation which will or might
744 reasonably be expected to be a source or indirect source of air pollution or to make
745 modifications to an existing installation which will or might reasonably be expected to increase
746 the amount of or change the character or effect of air contaminants discharged, so that the
747 installation may be expected to be a source or indirect source of air pollution, or by any person
748 planning to install an air cleaning device or other equipment intended to control emission of air
749 contaminants.
750 (2) (a) (i) The [executive secretary] director may require, as a condition precedent to
751 the construction, modification, installation, or establishment of the air contaminant source or
752 indirect source, the submission of plans, specifications, and other information as he finds
753 necessary to determine whether the proposed construction, modification, installation, or
754 establishment will be in accord with applicable rules in force under this chapter.
755 (ii) Plan approval for an indirect source may be delegated by the [executive secretary]
756 director to a local authority when requested and upon assurance that the local authority has and
757 will maintain sufficient expertise to insure that the planned installation will meet the

758 requirements established by law.
759 (b) If within 90 days after the receipt of plans, specifications, or other information
760 required under this subsection, the [executive secretary] director determines that the proposed
761 construction, installation, or establishment or any part of it will not be in accord with the
762 requirements of this chapter or applicable rules or that further time, not exceeding three
763 extensions of 30 days each, is required by the [board] director to adequately review the plans,
764 specifications, or other information, he shall issue an order prohibiting the construction,
765 installation, or establishment of the air contaminant source or sources in whole or in part.
766 (3) In addition to any other remedies, any person aggrieved by the issuance of an order
767 either granting or denying a request for the construction of a new installation, and prior to
768 invoking any such other remedies shall, upon request, in accordance with the rules of the
769 [board] department, be entitled to a hearing conducted by an administrative law judge as
770 provided by Section 19-1-301 . [Following the hearing and the receipt by the board of the
771 proposed dispositive action from the administrative law judge, the board may affirm, modify,
772 or withdraw the permit.]
773 (4) Any features, machines, and devices constituting parts of or called for by plans,
774 specifications, or other information submitted under Subsection (1) shall be maintained in good
775 working order.
776 (5) This section does not authorize the [board] director to require the use of machinery,
777 devices, or equipment from a particular supplier or produced by a particular manufacturer if the
778 required performance standards may be met by machinery, devices, or equipment otherwise
779 available.
780 (6) (a) Any authorized officer, employee, or representative of the [board] director may
781 enter and inspect any property, premise, or place on or at which an air contaminant source is
782 located or is being constructed, modified, installed, or established at any reasonable time for
783 the purpose of ascertaining the state of compliance with this chapter and the rules adopted
784 under it.
785 (b) (i) A person may not refuse entry or access to any authorized representative of the

786 [board] director who requests entry for purposes of inspection and who presents appropriate
787 credentials.
788 (ii) A person may not obstruct, hamper, or interfere with any inspection.
789 (c) If requested, the owner or operator of the premises shall receive a report setting
790 forth all facts found which relate to compliance status.
791 Section 10. Section 19-2-109 is amended to read:
792 19-2-109. Air quality standards -- Hearings on adoption -- Orders of director --
793 Adoption of emission control requirements.
794 (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
795 hearings.
796 (b) Notice of any public hearing for the consideration, adoption, or amendment of air
797 quality standards shall specify the locations to which the proposed standards apply and the
798 time, date, and place of the hearing.
799 (c) The notice shall be:
800 (i) (A) published at least twice in any newspaper of general circulation in the area
801 affected; and
802 (B) published on the Utah Public Notice Website created in Section 63F-1-701 , at least
803 20 days before the public hearing; and
804 (ii) mailed at least 20 days before the public hearing to the chief executive of each
805 political subdivision of the area affected and to other persons the [executive secretary] director
806 has reason to believe will be affected by the standards.
807 (d) The adoption of air quality standards or any modification or changes to air quality
808 standards shall be by order of the [executive secretary] director following formal action of the
809 board with respect to the standards.
810 (e) The order shall be published:
811 (i) in a newspaper of general circulation in the area affected; and
812 (ii) as required in Section 45-1-101 .
813 (2) (a) The board may establish emission control requirements by rule that in its

814 judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
815 may vary from area to area, taking into account varying local conditions.
816 (b) In adopting these requirements, the board shall give notice and conduct public
817 hearings in accordance with the requirements in Subsection (1).
818 Section 11. Section 19-2-109.1 is amended to read:
819 19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
820 (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3 :
821 (a) "EPA" means the federal Environmental Protection Agency.
822 (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
823 (c) "Operating permit" means a permit issued by the [executive secretary] director to
824 sources of air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air
825 Act.
826 (d) "Program" means the air pollution operating permit program established under this
827 section to comply with Title V of the 1990 Clean Air Act.
828 (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean
829 Air Act and implementing federal regulations.
830 (2) (a) A person may not operate any source of air pollution required to have a permit
831 under Title V of the 1990 Clean Air Act without having obtained an operating permit from the
832 [executive secretary] director under procedures the board establishes by rule.
833 (b) A person is not required to submit an operating permit application until the
834 governor has submitted an operating permit program to the EPA.
835 (c) Any operating permit issued under this section may not become effective until the
836 day after the EPA issues approval of the permit program or November 15, 1995, whichever
837 occurs first.
838 (3) (a) Operating permits issued under this section shall be for a period of five years
839 unless the [board] director makes a written finding, after public comment and hearing, and
840 based on substantial evidence in the record, that an operating permit term of less than five years
841 is necessary to protect the public health and the environment of the state.

842 (b) The [executive secretary] director may issue, modify, or renew an operating permit
843 only after providing public notice, an opportunity for public comment, and an opportunity for a
844 public hearing.
845 (c) The [executive secretary] director shall, in conformity with the 1990 Clean Air Act
846 and implementing federal regulations, revise the conditions of issued operating permits to
847 incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990
848 Clean Air Act, if the remaining period of the permit is three or more years.
849 (d) The [executive secretary] director may terminate, modify, revoke, or reissue an
850 operating permit for cause.
851 (4) (a) The board shall establish a proposed annual emissions fee that conforms with
852 Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
853 required to obtain a permit. The emissions fee established under this section is in addition to
854 fees assessed under Section 19-2-108 for issuance of an approval order.
855 (b) In establishing the fee the board shall comply with the provisions of Section
856 63J-1-504 that require a public hearing and require the established fee to be submitted to the
857 Legislature for its approval as part of the department's annual appropriations request.
858 (c) The fee shall cover all reasonable direct and indirect costs required to develop and
859 administer the program and the small business assistance program established under Section
860 19-2-109.2 . The [board] director shall prepare an annual report of the emissions fees collected
861 and the costs covered by those fees under this Subsection (4).
862 (d) The fee shall be established uniformly for all sources required to obtain an
863 operating permit under the program and for all regulated pollutants.
864 (e) The fee may not be assessed for emissions of any regulated pollutant if the
865 emissions are already accounted for within the emissions of another regulated pollutant.
866 (f) An emissions fee may not be assessed for any amount of a regulated pollutant
867 emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
868 (5) Emissions fees [for the period: (a) of July 1, 1992, through June 30, 1993, shall be
869 based on the most recent emissions inventory prepared by the executive secretary; and (b)]

870 accrued on and after July 1, 1993, but before issuance of an operating permit, shall be based on
871 the most recent emissions inventory, unless a source elects prior to July 1, 1992, to base the fee
872 on allowable emissions, if applicable for a regulated pollutant.
873 (6) After an operating permit is issued the emissions fee shall be based on actual
874 emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
875 permit, to base the fee during the period of the permit on allowable emissions for that regulated
876 pollutant.
877 (7) If the owner or operator of a source subject to this section fails to timely pay an
878 annual emissions fee, the [executive secretary] director may:
879 (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
880 interest on the fee computed at 12% annually; or
881 (b) revoke the operating permit.
882 (8) The owner or operator of a source subject to this section may contest an emissions
883 fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,
884 Administrative Procedures Act, and Section 19-1-301 , as provided in this Subsection (8).
885 (a) The owner or operator shall pay the fee under protest prior to being entitled to a
886 hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to
887 contest the fee or penalty under this section.
888 (b) A request for a hearing under this Subsection (8) shall be made after payment of the
889 emissions fee and within six months after the emissions fee was due.
890 (9) To reinstate an operating permit revoked under Subsection (7) the owner or
891 operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
892 outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
893 (10) All emissions fees and penalties collected by the department under this section
894 shall be deposited in the General Fund as the Air Pollution Operating Permit Program
895 dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
896 the department in developing and administering the program and the small business assistance
897 program under Section 19-2-109.2 .

898 (11) Failure of the [executive secretary] director to act on any operating permit
899 application or renewal is a final administrative action only for the purpose of obtaining judicial
900 review by any of the following persons to require the [executive secretary] director to take
901 action on the permit or its renewal without additional delay:
902 (a) the applicant;
903 (b) any person who participated in the public comment process; or
904 (c) any other person who could obtain judicial review of that action under applicable
905 law.
906 Section 12. Section 19-2-109.2 is amended to read:
907 19-2-109.2. Small business assistance program.
908 (1) The board shall establish a small business stationary source technical and
909 environmental compliance assistance program that conforms with Title V of the 1990 Clean
910 Air Act to assist small businesses to comply with state and federal air pollution laws.
911 (2) There is created the Compliance Advisory Panel to advise and monitor the program
912 created in Subsection (1). The seven panel members are:
913 (a) two members who are not owners or representatives of owners of small business
914 stationary air pollution sources, selected by the governor to represent the general public;
915 (b) four members who are owners or who represent owners of small business stationary
916 sources selected by leadership of the Utah Legislature as follows:
917 (i) one member selected by the majority leader of the Senate;
918 (ii) one member selected by the minority leader of the Senate;
919 (iii) one member selected by the majority leader of the House of Representatives; and
920 (iv) one member selected by the minority leader of the House of Representatives; and
921 (c) one member selected by the executive director to represent the Division of Air
922 Quality, Department of Environmental Quality.
923 (3) (a) Except as required by Subsection (3)(b), as terms of current panel members
924 expire, the department shall appoint each new member or reappointed member to a four-year
925 term.

926 (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the
927 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
928 panel members are staggered so that approximately half of the panel is appointed every two
929 years.
930 (4) Members may serve more than one term.
931 (5) Members shall hold office until the expiration of their terms and until their
932 successors are appointed, but not more than 90 days after the expiration of their terms.
933 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
934 appointed for the unexpired term.
935 (7) Every two years, the panel shall elect a chair from its members.
936 (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be
937 called by the chair, the [executive secretary] director, or upon written request of three of the
938 members of the panel.
939 (b) Three days' notice shall be given to each member of the panel prior to a meeting.
940 (9) Four members constitute a quorum at any meeting, and the action of the majority of
941 members present is the action of the panel.
942 (10) A member may not receive compensation or benefits for the member's service, but
943 may receive per diem and travel expenses in accordance with:
944 (a) Section 63A-3-106 ;
945 (b) Section 63A-3-107 ; and
946 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
947 63A-3-107 .
948 Section 13. Section 19-2-110 is amended to read:
949 19-2-110. Violations -- Notice to violator -- Corrective action orders --
950 Conference, conciliation, and persuasion by director -- Hearings.
951 (1) [(a)] Whenever the [executive secretary] director has reason to believe that a
952 violation of any provision of this chapter or any rule issued under it has occurred, [he] the
953 director may serve written notice of the violation upon the alleged violator. The notice shall

954 specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute
955 the violation, and may include an order that necessary corrective action be taken within a
956 reasonable time.
957 [(b) In lieu of beginning an adjudicative proceeding under Subsection (1)(a), the board
958 may initiate an action pursuant to Section 19-2-115 .]
959 (2) Nothing in this chapter prevents the [board] director from making efforts to obtain
960 voluntary compliance through warning, conference, conciliation, persuasion, or other
961 appropriate means.
962 (3) Hearings may be held before an administrative law judge as provided by Section
963 19-1-301 .
964 Section 14. Section 19-2-115 is amended to read:
965 19-2-115. Violations -- Penalties -- Reimbursement for expenses.
966 (1) As used in this section, the terms "knowingly," "willfully," and "criminal
967 negligence" shall mean as defined in Section 76-2-103 .
968 (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made
969 under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for
970 each violation.
971 (b) Subsection (2)(a) also applies to rules made under the authority of Section
972 19-2-104 , for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
973 Subchapter II - Asbestos Hazard Emergency Response.
974 (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances
975 Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the
976 amounts specified in that section and shall be used in accordance with that section.
977 (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under
978 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person
979 knowingly violates any of the following under this chapter:
980 (a) an applicable standard or limitation;
981 (b) a permit condition; or

982 (c) a fee or filing requirement.
983 (4) A person is guilty of a third degree felony and is subject to imprisonment under
984 Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly:
985 (a) makes any false material statement, representation, or certification, in any notice or
986 report required by permit; or
987 (b) renders inaccurate any monitoring device or method required to be maintained by
988 this chapter or applicable rules made under this chapter.
989 (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty
990 under Section 19-2-109.1 .
991 (6) A person who willfully violates Section 19-2-120 is guilty of a class A
992 misdemeanor.
993 (7) A person who knowingly violates any requirement of an applicable implementation
994 plan adopted by the board, more than 30 days after having been notified in writing by the
995 [executive secretary] director that the person is violating the requirement, knowingly violates
996 an order issued under Subsection 19-2-110 (1)[(a)], or knowingly handles or disposes of
997 asbestos in violation of a rule made under this chapter is guilty of a third degree felony and
998 subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of
999 violation in the case of the first offense, and not more than $50,000 per day of violation in the
1000 case of subsequent offenses.
1001 (8) (a) As used in this section:
1002 (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C.
1003 Sec. 7412 or any extremely hazardous substance listed under 42 U.S.C. Sec. 11002(a)(2).
1004 (ii) "Organization" means a legal entity, other than a government, established or
1005 organized for any purpose, and includes a corporation, company, association, firm, partnership,
1006 joint stock company, foundation, institution, trust, society, union, or any other association of
1007 persons.
1008 (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of
1009 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or

1010 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
1011 (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under
1012 Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with
1013 criminal negligence:
1014 (A) releases into the ambient air any hazardous air pollutant; and
1015 (B) places another person in imminent danger of death or serious bodily injury.
1016 (ii) As used in this Subsection (8)(b), "person" does not include an employee who is
1017 carrying out the employee's normal activities and who is not a part of senior management
1018 personnel or a corporate officer.
1019 (c) A person is guilty of a second degree felony and is subject to imprisonment under
1020 Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:
1021 (i) knowingly releases into the ambient air any hazardous air pollutant; and
1022 (ii) knows at the time that the person is placing another person in imminent danger of
1023 death or serious bodily injury.
1024 (d) If a person is an organization, it shall, upon conviction of violating Subsection
1025 (8)(c), be subject to a fine of not more than $1,000,000.
1026 (e) (i) A defendant who is an individual is considered to have acted knowingly under
1027 Subsections (8)(c) and (d), if:
1028 (A) the defendant's conduct placed another person in imminent danger of death or
1029 serious bodily injury; and
1030 (B) the defendant was aware of or believed that there was an imminent danger of death
1031 or serious bodily injury to another person.
1032 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
1033 the defendant.
1034 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
1035 knowledge, including evidence that the defendant took affirmative steps to be shielded from
1036 receiving relevant information.
1037 (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the

1038 conduct charged was freely consented to by the person endangered and that the danger and
1039 conduct charged were reasonably foreseeable hazards of:
1040 (A) an occupation, a business, a profession; or
1041 (B) medical treatment or medical or scientific experimentation conducted by
1042 professionally approved methods and the other person was aware of the risks involved prior to
1043 giving consent.
1044 (ii) The defendant has the burden of proof to establish any affirmative defense under
1045 this Subsection (8)(f) and shall prove that defense by a preponderance of the evidence.
1046 (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law,
1047 all penalties assessed and collected under the authority of this section shall be deposited in the
1048 General Fund.
1049 (b) The department may reimburse itself and local governments from money collected
1050 from civil penalties for extraordinary expenses incurred in environmental enforcement
1051 activities.
1052 (c) The department shall regulate reimbursements by making rules in accordance with
1053 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1054 (i) define qualifying environmental enforcement activities; and
1055 (ii) define qualifying extraordinary expenses.
1056 Section 15. Section 19-2-116 is amended to read:
1057 19-2-116. Injunction or other remedies to prevent violations -- Civil actions not
1058 abridged.
1059 (1) Action under Section 19-2-115 does not bar enforcement of this chapter, or any of
1060 the rules adopted under it or any orders made under it by injunction or other appropriate
1061 remedy. The [board] director has the power to institute and maintain in the name of the state
1062 any and all enforcement proceedings.
1063 (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect
1064 substantively or procedurally the right of any person to damages or other relief on account of
1065 injury to persons or property and to maintain any action or other appropriate proceeding for this

1066 purpose.
1067 (3) (a) In addition to any other remedy created in this chapter, the director may initiate
1068 an action for appropriate injunctive relief:
1069 (i) upon failure of any person to comply with:
1070 (A) any provision of this chapter [or];
1071 (B) any rule adopted under [it] this chapter; or
1072 (C) any final order made by the board, the [executive secretary] director, or the
1073 executive director; and
1074 (ii) when it appears necessary for the protection of health and welfare[, the board may
1075 initiate through its executive secretary an action for appropriate injunctive relief].
1076 (b) The attorney general shall bring injunctive relief actions on request.
1077 (c) A bond is not required.
1078 Section 16. Section 19-2-117 is amended to read:
1079 19-2-117. Attorney general as legal advisor to board -- Duties of attorney general
1080 and county attorneys.
1081 (1) The attorney general is the legal advisor to the board and [its executive secretary]
1082 the director and shall defend them or any of them in all actions or proceedings brought against
1083 them or any of them.
1084 (2) The county attorney in the county in which a cause of action arises may, upon
1085 request of the board or [its executive secretary] the director, bring any action, civil or criminal,
1086 to abate a condition which exists in violation of, or to prosecute for the violation of or to
1087 enforce, this chapter or the standards, orders, or rules of the board or the [executive secretary]
1088 director issued under this chapter.
1089 (3) The [board or its executive secretary] director may bring any action and be
1090 represented by the attorney general.
1091 (4) In the event any person fails to comply with a cease and desist order of the board or
1092 [its executive secretary] the director that is not subject to a stay pending administrative or
1093 judicial review, the [board] director may[, through its executive secretary,] initiate an action

1094 for, and is entitled to, injunctive relief to prevent any further or continued violation of the
1095 order.
1096 Section 17. Section 19-2-120 is amended to read:
1097 19-2-120. Information required of owners or operators of air contaminant
1098 sources.
1099 The owner or operator of any stationary air contaminant source in the state shall furnish
1100 to the [board] director the reports required [under] by rules made in accordance with Section
1101 19-2-104 and any other information the [board] director finds necessary to determine whether
1102 the source is in compliance with state and federal regulations and standards. The information
1103 shall be correlated with applicable emission standards or limitations and shall be available to
1104 the public during normal business hours at the office of the [department] division.
1105 Section 18. Section 19-3-102 is amended to read:
1106 19-3-102. Definitions.
1107 As used in this chapter:
1108 (1) "Board" means the Radiation Control Board created under Section 19-1-106 .
1109 (2) (a) "Broker" means a person who performs one or more of the following functions
1110 for a generator:
1111 (i) arranges for transportation of the radioactive waste;
1112 (ii) collects or consolidates shipments of radioactive waste; or
1113 (iii) processes radioactive waste in some manner.
1114 (b) "Broker" does not include a carrier whose sole function is to transport the
1115 radioactive waste.
1116 (3) "Byproduct material" has the same meaning as in 42 U.S.C. Sec. 2014(e)(2).
1117 (4) "Class B and class C low-level radioactive waste" has the same meaning as in 10
1118 CFR 61.55.
1119 [(5) "Executive secretary" means the executive secretary of the board.]
1120 (5) "Director" means the director of the Division of Radiation Control.
1121 (6) "Division" means the Division of Radiation Control, created in Subsection

1122 19-1-105 (1)(d).
1123 [(6)] (7) "Generator" means a person who:
1124 (a) possesses any material or component:
1125 (i) that contains radioactivity or is radioactively contaminated; and
1126 (ii) for which the person foresees no further use; and
1127 (b) transfers the material or component to:
1128 (i) a commercial radioactive waste treatment or disposal facility; or
1129 (ii) a broker.
1130 [(7)] (8) (a) "High-level nuclear waste" means spent reactor fuel assemblies,
1131 dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
1132 defense-related wastes.
1133 (b) "High-level nuclear waste" does not include medical or institutional wastes,
1134 naturally-occurring radioactive materials, or uranium mill tailings.
1135 [(8)] (9) (a) "Low-level radioactive waste" means waste material which contains
1136 radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or
1137 quantities which exceed applicable federal or state standards for unrestricted release.
1138 (b) "Low-level radioactive waste" does not include waste containing more than 100
1139 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor
1140 material classified as either high-level waste or waste which is unsuited for disposal by
1141 near-surface burial under any applicable federal regulations.
1142 [(9)] (10) "Radiation" means ionizing and nonionizing radiation, including gamma
1143 rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
1144 [(10)] (11) "Radioactive" means any solid, liquid, or gas which emits radiation
1145 spontaneously from decay of unstable nuclei.
1146 Section 19. Section 19-3-103 is amended to read:
1147 19-3-103. Radiation Control Board -- Members -- Organization -- Meetings -- Per
1148 diem and expenses.
1149 (1) The board [created under Section 19-1-106 comprises 13] consists of the following

1150 nine members[, one of whom shall be]:
1151 (a) the following non-voting member, except that the member may vote to break a tie
1152 vote between the voting members:
1153 (i) the executive director[,]; or [his designee, and the remainder of whom shall be]
1154 (ii) an employee of the department designated by the executive director; and
1155 (b) the following eight voting members, who shall be appointed by the governor with
1156 the consent of the Senate[.]:
1157 (i) one representative who is:
1158 (A) a health physicist; or
1159 (B) a professional employed in the field of radiation safety;
1160 (ii) two government representatives who do not represent the federal government;
1161 (iii) one representative from the radioactive waste management industry;
1162 (iv) one representative from the uranium milling industry;
1163 (v) one representative from the regulated industry who is knowledgeable about
1164 radiation control regulatory issues;
1165 (vi) one representative from the public who represents:
1166 (A) an environmental nongovernmental organization; or
1167 (B) a nongovernmental organization that represents community interests and does not
1168 represent industry interests; and
1169 (vii) one representative from the public who is trained and experienced in public
1170 health.
1171 [(2) No more than six appointed members shall be from the same political party.]
1172 [(3)] (2) [The appointed members] A member of the board shall:
1173 (a) be knowledgeable about radiation protection [and shall be as follows:], as
1174 evidenced by a professional degree, a professional accreditation, or documented experience;
1175 [(a) one physician;]
1176 [(b) one dentist;]
1177 [(c) one health physicist or other professional employed in the field of radiation safety;]

1178 [(d) three representatives of regulated industry, at least one of whom represents the
1179 radioactive waste management industry, and at least one of whom represents the uranium
1180 milling industry;]
1181 [(e) one registrant or licensee representative from academia;]
1182 [(f) one representative of a local health department;]
1183 [(g) one elected county official; and]
1184 [(h) three members of the general public, at least one of whom represents organized
1185 environmental interests.]
1186 (b) be a resident of Utah;
1187 (c) attend board meetings in accordance with the attendance rules made by the
1188 department under Subsection 19-1-201 (1)(d)(i)(A); and
1189 (d) comply with all applicable statutes, rules, and policies, including the conflict of
1190 interest rules made by the department under Subsection 19-1-201 (1)(d)(i)(B).
1191 (3) No more than five appointed members shall be from the same political party.
1192 (4) (a) [Except as required by Subsection (4)(b), as terms of current board members
1193 expire, the] The governor shall appoint each new member or reappointed member to a
1194 four-year term.
1195 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1196 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1197 board members are staggered so that [approximately] half of the appointed board is appointed
1198 every two years.
1199 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
1200 appointed before July 1, 2012, shall expire on June 30, 2012.
1201 (ii) On July 1, 2012, the governor shall appoint or reappoint board members in
1202 accordance with this section.
1203 (5) Each board member is eligible for reappointment to more than one term.
1204 (6) Each board member shall continue in office until the expiration of his term and
1205 until a successor is appointed, but not more than 90 days after the expiration of his term.

1206 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
1207 appointed for the unexpired term by the governor, after considering recommendations by the
1208 department and with the consent of the Senate.
1209 (8) The board shall annually elect a chair and vice chair from its members.
1210 (9) The board shall meet at least quarterly. Other meetings may be called by the chair,
1211 by the [executive secretary] director, or upon the request of three members of the board.
1212 (10) Reasonable notice shall be given each member of the board prior to any meeting.
1213 (11) [Seven] Five members constitute a quorum. The action of a majority of the
1214 members present is the action of the board.
1215 (12) A member may not receive compensation or benefits for the member's service, but
1216 may receive per diem and travel expenses in accordance with:
1217 (a) Section 63A-3-106 ;
1218 (b) Section 63A-3-107 ; and
1219 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1220 63A-3-107 .
1221 Section 20. Section 19-3-103.5 is amended to read:
1222 19-3-103.5. Board authority and duties.
1223 (1) The board may:
1224 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1225 Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;
1226 [(a) require submittal of specifications or other information relating to licensing
1227 applications for radioactive materials or registration of radiation sources for review, approval,
1228 disapproval, or termination;]
1229 (b) recommend that the director:
1230 [(b)] (i) issue orders necessary to enforce the provisions of this part[,];
1231 (ii) enforce the orders by appropriate administrative and judicial proceedings[, and]; or
1232 (iii) institute judicial proceedings to secure compliance with this part;
1233 (c) (i) hold a hearing that is not an adjudicative proceeding [and compel the attendance

1234 of witnesses, the production of documents, and other evidence, administer oaths and take
1235 testimony, and receive evidence it finds proper, or]; or
1236 (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding[
1237 and authorize them to exercise the powers under this Subsection (1)];
1238 [(ii) receive a proposed dispositive action from an administrative law judge as provided
1239 by Section 19-1-301 ; and]
1240 [(iii) (A) approve, approve with modifications, or disapprove a proposed dispositive
1241 action; or]
1242 [(B) return the proposed dispositive action to the administrative law judge for further
1243 action as directed;]
1244 [(d) settle or compromise any administrative or civil action initiated to compel
1245 compliance with this part or any rules adopted under this part;]
1246 [(e) advise, consult, cooperate with, and provide technical assistance to other agencies
1247 of the state and federal government, other states, interstate agencies, and affected groups,
1248 political subdivisions, industries, and other persons in carrying out the provisions of this part;]
1249 [(f) promote the planning and application of pollution prevention and radioactive waste
1250 minimization measures to prevent the unnecessary waste and depletion of natural resources;]
1251 [(g) cooperate with any persons in studies, research, or demonstration projects
1252 regarding radioactive waste management or control of radiation sources;]
1253 [(h)] (d) accept, receive, and administer grants or other funds or gifts from public and
1254 private agencies, including the federal government, for the purpose of carrying out any of the
1255 functions of this part; or
1256 [(i) exercise all incidental powers necessary to carry out the purposes of this part;]
1257 [(j) submit an application to the U.S. Food and Drug Administration for approval as an
1258 accrediting body in accordance with 42 U.S.C. 263b, Mammography Quality Standards Act of
1259 1992;]
1260 [(k) accredit mammography facilities, pursuant to approval as an accrediting body from
1261 the U.S. Food and Drug Administration, in accordance with 42 U.S.C. 263b, Mammography

1262 Quality Standards Act of 1992; and]
1263 [(l) review the qualifications of and issue certificates of approval to individuals who
1264 survey mammography equipment and oversee quality assurance practices at mammography
1265 facilities.]
1266 (e) order the director to impound radioactive material in accordance with Section
1267 19-3-111 .
1268 (2) The board shall:
1269 [(a) receive a proposed dispositive action from an administrative law judge on an
1270 appeal of final decisions made by the executive secretary as provided by Section 19-1-301 ;]
1271 [(b)] (a) prepare a radioactive waste management plan in compliance with Section
1272 19-3-107 as soon as practicable; [and]
1273 [(c) impound radioactive material as authorized in Section 19-3-111 .]
1274 [(3) Representatives of the board upon presentation of appropriate credentials may
1275 enter at reasonable times upon the premises of public and private properties subject to
1276 regulation under this part to perform inspections to insure compliance with this part and rules
1277 made by the board.]
1278 (b) promote the planning and application of pollution prevention and radioactive waste
1279 minimization measures to prevent the unnecessary waste and depletion of natural resources;
1280 (c) to ensure compliance with applicable statutes and regulations:
1281 (i) review a settlement negotiated by the director in accordance with Subsection
1282 19-3-108 (3)(b) that requires a civil penalty of $25,000 or more; and
1283 (ii) approve or disapprove the settlement;
1284 (d) submit an application to the U.S. Food and Drug Administration for approval as an
1285 accrediting body in accordance with 42 U.S.C. 263b, Mammography Quality Standards Act of
1286 1992;
1287 (e) accredit mammography facilities, pursuant to approval as an accrediting body from
1288 the U.S. Food and Drug Administration, in accordance with 42 U.S.C. 263b, Mammography
1289 Quality Standards Act of 1992; and

1290 (f) review the qualifications of, and issue certificates of approval to, individuals who:
1291 (i) survey mammography equipment; or
1292 (ii) oversee quality assurance practices at mammography facilities.
1293 (3) The board may not issue, amend, renew, modify, revoke, or terminate any of the
1294 following that are subject to the authority granted to the director under Section 19-3-108 :
1295 (a) a permit;
1296 (b) a license;
1297 (c) a registration;
1298 (d) a certification; or
1299 (e) another administrative authorization made by the director.
1300 (4) A board member may not speak or act for the board unless the board member is
1301 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1302 Section 21. Section 19-3-104 is amended to read:
1303 19-3-104. Registration and licensing of radiation sources by department --
1304 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
1305 (1) As used in this section:
1306 (a) "Decommissioning" includes financial assurance.
1307 (b) "Source material" and "byproduct material" have the same definitions as in 42
1308 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
1309 (2) The [board] division may require the registration or licensing of radiation sources
1310 that constitute a significant health hazard.
1311 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
1312 shall be registered or licensed by the department.
1313 (4) The board may make rules:
1314 (a) necessary for controlling exposure to sources of radiation that constitute a
1315 significant health hazard;
1316 (b) to meet the requirements of federal law relating to radiation control to ensure the
1317 radiation control program under this part is qualified to maintain primacy from the federal

1318 government;
1319 (c) to establish:
1320 (i) board accreditation requirements and procedures for mammography facilities; and
1321 (ii) certification procedure and qualifications for persons who survey mammography
1322 equipment and oversee quality assurance practices at mammography facilities; and
1323 (d) as necessary regarding the possession, use, transfer, or delivery of source and
1324 byproduct material and the disposal of byproduct material to establish requirements for:
1325 (i) the licensing, operation, decontamination, and decommissioning, including financial
1326 assurances; and
1327 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
1328 activities described in this Subsection (4).
1329 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
1330 byproduct material and the disposal of byproduct material at uranium mills or commercial
1331 waste facilities, as provided in this Subsection (5).
1332 (b) On and after January 1, 2003 through March 30, 2003:
1333 (i) $6,667 per month for uranium mills or commercial sites disposing of or
1334 reprocessing byproduct material; and
1335 (ii) $4,167 per month for those uranium mills the [executive secretary] director has
1336 determined are on standby status.
1337 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
1338 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
1339 amendment for agreement state status for uranium recovery regulation on or before March 30,
1340 2003.
1341 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
1342 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
1343 are not required to be paid until on and after the later date of:
1344 (i) October 1, 2003; or
1345 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for

1346 agreement state status for uranium recovery regulation.
1347 (e) For the payment periods beginning on and after July 1, 2003, the department shall
1348 establish the fees required under Subsection (5)(a) under Section 63J-1-504 , subject to the
1349 restrictions under Subsection (5)(d).
1350 (f) The [department] division shall deposit fees it receives under this Subsection (5)
1351 into the Environmental Quality Restricted Account created in Section 19-1-108 .
1352 (6) (a) The [department] division shall assess fees for registration, licensing, and
1353 inspection of radiation sources under this section.
1354 (b) The [department] division shall comply with the requirements of Section 63J-1-504
1355 in assessing fees for licensure and registration.
1356 (7) The [department] division shall coordinate its activities with the Department of
1357 Health rules made under Section 26-21a-203 .
1358 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
1359 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
1360 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
1361 than the corresponding federal regulations which address the same circumstances.
1362 (b) In adopting those rules, the board may incorporate corresponding federal
1363 regulations by reference.
1364 (9) (a) The board may adopt rules more stringent than corresponding federal
1365 regulations for the purpose described in Subsection (8) only if it makes a written finding after
1366 public comment and hearing and based on evidence in the record that corresponding federal
1367 regulations are not adequate to protect public health and the environment of the state.
1368 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
1369 public health and environmental information and studies contained in the record which form
1370 the basis for the board's conclusion.
1371 (10) (a) The board shall by rule:
1372 (i) authorize independent qualified experts to conduct inspections required under this
1373 chapter of x-ray facilities registered with the division; and

1374 (ii) establish qualifications and certification procedures necessary for independent
1375 experts to conduct these inspections.
1376 (b) Independent experts under this Subsection (10) are not considered employees or
1377 representatives of the division or the state when conducting the inspections.
1378 (11) (a) The board may by rule establish criteria for siting commercial low-level
1379 radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
1380 19-3-103.7 .
1381 (b) Subject to Subsection 19-3-105 (10), any facility under Subsection (11)(a) for which
1382 a radioactive material license is required by this section shall comply with those criteria.
1383 (c) Subject to Subsection 19-3-105 (10), a facility may not receive a radioactive
1384 material license until siting criteria have been established by the board. The criteria also apply
1385 to facilities that have applied for but not received a radioactive material license.
1386 (12) The board shall by rule establish financial assurance requirements for closure and
1387 postclosure care of radioactive waste land disposal facilities, taking into account existing
1388 financial assurance requirements.
1389 Section 22. Section 19-3-105 is amended to read:
1390 19-3-105. Definitions -- Legislative and gubernatorial approval required for
1391 radioactive waste license -- Exceptions -- Application for new, renewed, or amended
1392 license.
1393 (1) As used in this section:
1394 (a) "Alternate feed material" has the same definition as provided in Section 59-24-102 .
1395 (b) (i) "Class A low-level radioactive waste" means:
1396 (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
1397 (B) radium-226 up to a maximum radionuclide concentration level of 10,000
1398 picocuries per gram.
1399 (ii) "Class A low-level radioactive waste" does not include:
1400 (A) uranium mill tailings;
1401 (B) naturally occurring radioactive materials; or

1402 (C) the following radionuclides if classified as "special nuclear material" under the
1403 Atomic Energy Act of 1954, 42 U.S.C. 2014:
1404 (I) uranium-233; and
1405 (II) uranium-235 with a radionuclide concentration level greater than the concentration
1406 limits for specific conditions and enrichments established by an order of the Nuclear
1407 Regulatory Commission:
1408 (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
1409 (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
1410 waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
1411 nuclear material exemption order.
1412 (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
1413 stores, decays in storage, treats, or disposes of radioactive waste:
1414 (A) commercially for profit; or
1415 (B) generated at locations other than the radioactive waste facility.
1416 (ii) "Radioactive waste facility" does not include a facility that receives:
1417 (A) alternate feed material for reprocessing; or
1418 (B) radioactive waste from a location in the state designated as a processing site under
1419 42 U.S.C. 7912(f).
1420 (d) "Radioactive waste license" or "license" means a radioactive material license issued
1421 by the [executive secretary] director under Subsection 19-3-108 (2)[(c)(i)](d), to own, construct,
1422 modify, or operate a radioactive waste facility.
1423 (2) The provisions of this section are subject to the prohibition under Section
1424 19-3-103.7 .
1425 (3) Subject to Subsection (10), a person may not own, construct, modify, or operate a
1426 radioactive waste facility without:
1427 (a) having received a radioactive waste license for the facility;
1428 (b) meeting the requirements established by rule under Section 19-3-104 ;
1429 (c) the approval of the governing body of the municipality or county responsible for

1430 local planning and zoning where the radioactive waste is or will be located; and
1431 (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
1432 approval of the governor and the Legislature.
1433 (4) Subject to Subsection (10), a new radioactive waste license application, or an
1434 application to renew or amend an existing radioactive waste license, is subject to the
1435 requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
1436 (a) specifies a different geographic site than a previously submitted application;
1437 (b) would cost 50% or more of the cost of construction of the original radioactive
1438 waste facility or the modification would result in an increase in capacity or throughput of a
1439 cumulative total of 50% of the total capacity or throughput which was approved in the facility
1440 license as of January 1, 1990, or the initial approval facility license if the initial license
1441 approval is subsequent to January 1, 1990; or
1442 (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of
1443 radioactive waste having a higher radionuclide concentration limit than allowed, under an
1444 existing approved license held by the facility, for the specific type of waste to be received,
1445 transferred, stored, decayed in storage, treated, or disposed of.
1446 (5) The requirements of Subsection (4)(c) do not apply to an application to renew or
1447 amend an existing radioactive waste license if:
1448 (a) the radioactive waste facility requesting the renewal or amendment has received a
1449 license prior to January 1, 2004; and
1450 (b) the application to renew or amend its license is limited to a request to approve the
1451 receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
1452 radioactive waste.
1453 (6) A radioactive waste facility which receives a new radioactive waste license after
1454 May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
1455 application, renewal, or amendment that requests approval to receive, transfer, store, decay in
1456 storage, treat, or dispose of radioactive waste not previously approved under an existing license
1457 held by the facility.

1458 (7) If the board finds that approval of additional radioactive waste license applications,
1459 renewals, or amendments will result in inadequate oversight, monitoring, or licensure
1460 compliance and enforcement of existing and any additional radioactive waste facilities, the
1461 board shall suspend acceptance of further applications for radioactive waste licenses. The
1462 board shall report the suspension to the Legislative Management Committee.
1463 (8) The [board] director shall review each proposed radioactive waste license
1464 application to determine whether the application complies with the provisions of this chapter
1465 and the rules of the board.
1466 (9) (a) If the radioactive waste license application is determined to be complete, the
1467 [board] director shall issue a notice of completeness.
1468 (b) If the [board] director determines that the radioactive waste license application is
1469 incomplete, the [board] director shall issue a notice of deficiency, listing the additional
1470 information to be provided by the applicant to complete the application.
1471 (10) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104 (11) do
1472 not apply to:
1473 (a) a radioactive waste license that is in effect on December 31, 2006, including all
1474 amendments to the license that have taken effect as of December 31, 2006;
1475 (b) a license application for a facility in existence as of December 31, 2006, unless the
1476 license application includes an area beyond the facility boundary approved in the license
1477 described in Subsection (10)(a); or
1478 (c) an application to renew or amend a license described in Subsection (10)(a), unless
1479 the renewal or amendment includes an area beyond the facility boundary approved in the
1480 license described in Subsection (10)(a).
1481 Section 23. Section 19-3-106.4 is amended to read:
1482 19-3-106.4. Generator site access permits.
1483 (1) A generator or broker may not transfer radioactive waste to a commercial
1484 radioactive waste treatment or disposal facility in the state without first obtaining a generator
1485 site access permit from the [executive secretary] director.

1486 (2) The board may make rules pursuant to Section 19-3-104 governing a generator site
1487 access permit program.
1488 (3) (a) Except as provided in Subsection (3)(b), the [department] division shall
1489 establish fees for generator site access permits in accordance with Section 63J-1-504 .
1490 (b) On and after July 1, 2001 through June 30, 2002, the fees are:
1491 (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per
1492 year;
1493 (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per
1494 year; and
1495 (iii) $5,000 for brokers.
1496 (c) The [department] division shall deposit fees received under this section into the
1497 Environmental Quality Restricted Account created in Section 19-1-108 .
1498 (4) This section does not apply to a generator or broker transferring radioactive waste
1499 to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
1500 Section 24. Section 19-3-108 is amended to read:
1501 19-3-108. Powers and duties of director.
1502 (1) The executive director shall appoint [an executive secretary, with the approval of
1503 the board, to] the director. The director shall serve under the administrative direction of the
1504 executive director.
1505 (2) The [executive secretary may] director shall:
1506 (a) develop programs to promote and protect the public from radiation sources in the
1507 state;
1508 (b) advise, consult, [and] cooperate with, and provide technical assistance to other
1509 agencies, states, the federal government, political subdivisions, industries, and other [groups to
1510 further the purposes of this chapter] persons in carrying out the provisions of the Radiation
1511 Control Act;
1512 [(c) as authorized by the board:]
1513 (c) receive specifications or other information relating to licensing applications for

1514 radioactive materials or registration of radiation sources for review, approval, disapproval, or
1515 termination;
1516 [(i)] (d) issue permits, licenses, registrations, [and] certifications, and other
1517 administrative authorizations;
1518 [(ii)] (e) review and approve plans;
1519 [(iii) enforce rules through the issuance of orders and]
1520 (f) assess penalties in accordance with Section 19-3-109 ;
1521 [(iv)] (g) impound radioactive material under Section 19-3-111 ; [and]
1522 [(v) authorize employees or representatives of the department to enter at reasonable
1523 times and upon reasonable notice in and upon public or private property for the purpose of
1524 inspecting and investigating conditions and records concerning radiation sources.]
1525 (h) issue orders necessary to enforce the provisions of this part, enforce the orders by
1526 appropriate administrative and judicial proceedings, or institute judicial proceedings to secure
1527 compliance with this part; and
1528 (i) as authorized by the board and subject to the provisions of this chapter, act as
1529 executive secretary of the board under the direction of the chairman of the board.
1530 (3) The director may:
1531 (a) cooperate with any person in studies, research, or demonstration projects regarding
1532 radioactive waste management or control of radiation sources;
1533 (b) subject to Subsection 19-3-103.5 (2)(c), settle or compromise any civil action
1534 initiated by the division to compel compliance with this chapter or the rules made under this
1535 chapter; or
1536 (c) authorize employees or representatives of the department to enter, at reasonable
1537 times and upon reasonable notice, in and upon public or private property for the purpose of
1538 inspecting and investigating conditions and records concerning radiation sources.
1539 Section 25. Section 19-3-109 is amended to read:
1540 19-3-109. Civil penalties -- Appeals.
1541 (1) A person who violates any provision of Sections 19-3-104 through 19-3-113 , any

1542 rule or order issued under the authority of those sections, or the terms of a license, permit, or
1543 registration certificate issued under the authority of those sections is subject to a civil penalty
1544 not to exceed $5,000 for each violation.
1545 (2) The [board] director may assess and make a demand for payment of a penalty under
1546 this section and may compromise or remit that penalty.
1547 (3) In order to make demand for payment of a penalty assessed under this section, the
1548 [board] director shall issue a notice of agency action, specifying, in addition to the
1549 requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative
1550 Procedures Act:
1551 (a) the date, facts, and nature of each act or omission charged;
1552 (b) the provision of the statute, rule, order, license, permit, or registration certificate
1553 that is alleged to have been violated;
1554 (c) each penalty that the [bureau] director proposes to impose, together with the
1555 amount and date of effect of that penalty; and
1556 (d) that failure to pay the penalty or respond may result in a civil action for collection.
1557 (4) A person notified according to Subsection (3) may request an adjudicative
1558 proceeding.
1559 (5) Upon request by the [board] director, the attorney general may institute a civil
1560 action to collect a penalty imposed under this section.
1561 (6) (a) Except as provided in Subsection (6)(b), the department shall deposit all money
1562 collected from civil penalties imposed under this section into the General Fund.
1563 (b) The department may reimburse itself and local governments from money collected
1564 from civil penalties for extraordinary expenses incurred in environmental enforcement
1565 activities.
1566 (c) The department shall regulate reimbursements by making rules that:
1567 (i) define qualifying environmental enforcement activities; and
1568 (ii) define qualifying extraordinary expenses.
1569 Section 26. Section 19-3-111 is amended to read:

1570 19-3-111. Impounding of radioactive material.
1571 (1) The [board] director may impound the radioactive material of any person if:
1572 (a) the material poses an imminent threat or danger to the public health or safety; or
1573 (b) that person is violating:
1574 (i) any provision of Sections 19-3-104 through 19-3-113 ;
1575 (ii) any rules or orders enacted or issued under the authority of those sections; or
1576 (iii) the terms of a license, permit, or registration certificate issued under the authority
1577 of those sections.
1578 (2) Before any dispositive action may be taken with regard to impounded radioactive
1579 materials, the [board] director shall comply with the procedures and requirements of Title 63G,
1580 Chapter 4, Administrative Procedures Act and Section 19-1-301 .
1581 Section 27. Section 19-4-102 is amended to read:
1582 19-4-102. Definitions.
1583 As used in this chapter:
1584 (1) "Board" means the Drinking Water Board appointed under Section 19-4-103 .
1585 (2) "Contaminant" means a physical, chemical, biological, or radiological substance or
1586 matter in water.
1587 [(3) "Executive secretary" means the executive secretary of the board.]
1588 (3) "Director" means the director of the Division of Drinking Water.
1589 (4) "Division" means the Division of Drinking Water, created in Subsection
1590 19-1-105 (1)(b).
1591 [(4)] (5) (a) "Groundwater source" means an underground opening from or through
1592 which groundwater flows or is pumped from a subsurface water-bearing formation.
1593 (b) "Groundwater source" includes:
1594 (i) a well;
1595 (ii) a spring;
1596 (iii) a tunnel; or
1597 (iv) an adit.

1598 [(5)] (6) "Maximum contaminant level" means the maximum permissible level of a
1599 contaminant in water that is delivered to a user of a public water system.
1600 [(6)] (7) (a) "Public water system" means a system providing water for human
1601 consumption and other domestic uses that:
1602 (i) has at least 15 service connections; or
1603 (ii) serves an average of 25 individuals daily for at least 60 days of the year.
1604 (b) "Public water system" includes:
1605 (i) a collection, treatment, storage, or distribution facility under the control of the
1606 operator and used primarily in connection with the system; and
1607 (ii) a collection, pretreatment, or storage facility used primarily in connection with the
1608 system but not under the operator's control.
1609 [(7)] (8) "Retail water supplier" means a person that:
1610 (a) supplies water for human consumption and other domestic uses to an end user; and
1611 (b) has more than 500 service connections.
1612 [(8)] (9) "Supplier" means a person who owns or operates a public water system.
1613 [(9)] (10) "Wholesale water supplier" means a person that provides most of that
1614 person's water to a retail water supplier.
1615 Section 28. Section 19-4-103 is amended to read:
1616 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
1617 diem and expenses.
1618 (1) The board [created under Section 19-1-106 comprises 11 members, one of whom
1619 is] consists of the following nine members:
1620 (a) the following non-voting member, except that the member may vote to break a tie
1621 vote between the voting members:
1622 (i) the executive director [and the remainder of whom]; or
1623 (ii) an employee of the department designated by the executive director; and
1624 (b) the following eight voting members, who shall be appointed by the governor with
1625 the consent of the Senate[.]:

1626 (i) one representative who is a Utah-licensed professional engineer with expertise in
1627 civil or sanitary engineering;
1628 (ii) two representatives who are elected officials from a municipal government that is
1629 involved in the management or operation of a public water system;
1630 (iii) one representative from an improvement district, a water conservancy district, or a
1631 metropolitan water district;
1632 (iv) one representative from an entity that manages or operates a public water system;
1633 (v) one representative from:
1634 (A) the state water research community; or
1635 (B) an institution of higher education that has comparable expertise in water research
1636 to the state water research community;
1637 (vi) one representative from the public who represents:
1638 (A) an environmental nongovernmental organization; or
1639 (B) a nongovernmental organization that represents community interests and does not
1640 represent industry interests; and
1641 (vii) one representative from the public who is trained and experienced in public
1642 health.
1643 [(2) No more than five appointed members shall be from the same political party.]
1644 [(3)] (2) [The appointed members] A member of the board shall:
1645 (a) be knowledgeable about drinking water and public water systems [and shall], as
1646 evidenced by a professional degree, a professional accreditation, or documented experience;
1647 (b) represent different geographical areas within the state insofar as practicable[.];
1648 (c) be a resident of Utah;
1649 (d) attend board meetings in accordance with the attendance rules made by the
1650 department under Subsection 19-1-201 (1)(d)(i)(A); and
1651 (e) comply with all applicable statutes, rules, and policies, including the conflict of
1652 interest rules made by the department under Subsection 19-1-201 (1)(d)(i)(B).
1653 (3) No more than five appointed members of the board shall be from the same political

1654 party.
1655 [(4) The 10 appointed members shall be appointed from the following areas:]
1656 [(a) two elected officials of municipal government or their representatives involved in
1657 management or operation of public water systems;]
1658 [(b) two representatives of improvement districts, water conservancy districts, or
1659 metropolitan water districts;]
1660 [(c) one representative from an industry which manages or operates a public water
1661 system;]
1662 [(d) one registered professional engineer with expertise in civil or sanitary
1663 engineering;]
1664 [(e) one representative from the state water research community or from an institution
1665 of higher education which has comparable expertise in water research;]
1666 [(f) two representatives of the public who do not represent other interests named in this
1667 section and who do not receive, and have not received during the past two years, a significant
1668 portion of their income, directly or indirectly, from suppliers; and]
1669 [(g) one representative from a local health department.]
1670 [(5) (a) Members of the Utah Safe Drinking Water Committee created by Laws of Utah
1671 1981, Chapter 126, shall serve as members of the board throughout the terms for which they
1672 were appointed.]
1673 [(b) Except as required by Subsection (5)(c), as]
1674 (4) (a) As terms of current board members expire, the governor shall appoint each new
1675 member or reappointed member to a four-year term.
1676 [(c)] (b) Notwithstanding the requirements of Subsection [(5)(b)] (4)(a), the governor
1677 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
1678 terms of board members are staggered so that [approximately] half of the appointed board is
1679 appointed every two years.
1680 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
1681 appointed before May 1, 2013, shall expire on April 30, 2013.

1682 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
1683 accordance with this section.
1684 [(6)] (5) When a vacancy occurs in the membership for any reason, the replacement
1685 shall be appointed for the unexpired term.
1686 [(7)] (6) Each member holds office until the expiration of the member's term, and until
1687 a successor is appointed, but not for more than 90 days after the expiration of the term.
1688 [(8)] (7) The board shall elect annually a chair and a vice chair from its members.
1689 [(9)] (8) (a) The board shall meet at least quarterly.
1690 (b) Special meetings may be called by the chair upon [his] the chair's own initiative,
1691 upon the request of the [executive secretary] director, or upon the request of three members of
1692 the board.
1693 (c) Reasonable notice shall be given to each member of the board [prior to] before any
1694 meeting.
1695 [(10) Six] (9) Five members constitute a quorum at any meeting and the action of the
1696 majority of the members present is the action of the board.
1697 [(11)] (10) A member may not receive compensation or benefits for the member's
1698 service, but may receive per diem and travel expenses in accordance with:
1699 (a) Section 63A-3-106 ;
1700 (b) Section 63A-3-107 ; and
1701 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1702 63A-3-107 .
1703 Section 29. Section 19-4-104 is amended to read:
1704 19-4-104. Powers of board.
1705 (1) (a) The board may[: (a)] make rules in accordance with Title 63G, Chapter 3, Utah
1706 Administrative Rulemaking Act:
1707 (i) establishing standards that prescribe the maximum contaminant levels in any public
1708 water system and provide for monitoring, record-keeping, and reporting of water quality related
1709 matters;

1710 (ii) governing design, construction, operation, and maintenance of public water
1711 systems;
1712 (iii) granting variances and exemptions to the requirements established under this
1713 chapter that are not less stringent than those allowed under federal law;
1714 (iv) protecting watersheds and water sources used for public water systems; and
1715 (v) governing capacity development in compliance with Section 1420 of the federal
1716 Safe Drinking Water Act, 42 U.S.C.A. Sec. 300f et seq.;
1717 (b) The board may:
1718 (i) order the director to:
1719 [(b)] (A) issue orders necessary to enforce the provisions of this chapter[,];
1720 (B) enforce the orders by appropriate administrative and judicial proceedings[, and]; or
1721 (C) institute judicial proceedings to secure compliance with this chapter;
1722 [(c) (i)] (ii) (A) hold a hearing that is not an adjudicative proceeding relating to the
1723 administration of this chapter [and compel the attendance of witnesses, the production of
1724 documents and other evidence, administer oaths and take testimony, and receive evidence as
1725 necessary]; or
1726 [(ii)] (B) appoint hearing officers to conduct a hearing that is not an adjudicative
1727 proceeding [and authorize them to exercise powers under Subsection (1)(c)(i)]; or
1728 [(iii) receive a proposed dispositive action from an administrative law judge as
1729 provided by Section 19-1-301 ; and]
1730 [(iv) (A) approve, approve with modifications, or disapprove a proposed dispositive
1731 action; or]
1732 [(B) return the proposed dispositive action to the administrative law judge for further
1733 action as directed;]
1734 [(d) require the submission to the executive secretary of plans and specifications for
1735 construction of, substantial addition to, or alteration of public water systems for review and
1736 approval by the board before that action begins and require any modifications or impose any
1737 conditions that may be necessary to carry out the purposes of this chapter;]

1738 [(e) advise, consult, cooperate with, provide technical assistance to, and enter into
1739 agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
1740 municipalities, local health departments, educational institutions, or others necessary to carry
1741 out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
1742 local jurisdictions;]
1743 [(f)] (iii) request and accept financial assistance from other public agencies, private
1744 entities, and the federal government to carry out the purposes of this chapter[;].
1745 [(g) develop and implement an emergency plan to protect the public when declining
1746 drinking water quality or quantity creates a serious health risk and issue emergency orders if a
1747 health risk is imminent;]
1748 [(h) authorize employees or agents of the department, after reasonable notice and
1749 presentation of credentials, to enter any part of a public water system at reasonable times to
1750 inspect the facilities and water quality records required by board rules, conduct sanitary
1751 surveys, take samples, and investigate the standard of operation and service delivered by public
1752 water systems;]
1753 [(i) meet the requirements of federal law related or pertaining to drinking water; and]
1754 [(j) exercise all other incidental powers necessary to carry out the purpose of this
1755 chapter.]
1756 (c) The board shall:
1757 (i) require the submission to the director of plans and specifications for construction of,
1758 substantial addition to, or alteration of public water systems for review and approval by the
1759 board before that action begins and require any modifications or impose any conditions that
1760 may be necessary to carry out the purposes of this chapter;
1761 (ii) advise, consult, cooperate with, provide technical assistance to, and enter into
1762 agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
1763 municipalities, local health departments, educational institutions, and others necessary to carry
1764 out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
1765 local jurisdictions;

1766 (iii) develop and implement an emergency plan to protect the public when declining
1767 drinking water quality or quantity creates a serious health risk and issue emergency orders if a
1768 health risk is imminent; and
1769 (iv) meet the requirements of federal law related or pertaining to drinking water.
1770 (2) (a) The board may adopt and enforce standards and establish fees for certification
1771 of operators of any public water system.
1772 (b) The board may not require certification of operators for a water system serving a
1773 population of 800 or less except:
1774 (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
1775 Water Act, 42 U.S.C.A. 300f et seq.; and
1776 (ii) for a system that is required to treat its drinking water.
1777 (c) The certification program shall be funded from certification and renewal fees.
1778 (3) Routine extensions or repairs of existing public water systems that comply with the
1779 rules and do not alter the system's ability to provide an adequate supply of water are exempt
1780 from the provisions of Subsection (1)[(d)](c)(i).
1781 (4) (a) The board may adopt and enforce standards and establish fees for certification
1782 of persons engaged in administering cross connection control programs or backflow prevention
1783 assembly training, repair, and maintenance testing.
1784 (b) The certification program shall be funded from certification and renewal fees.
1785 (5) A board member may not speak or act for the board unless the board member is
1786 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
1787 Section 30. Section 19-4-106 is amended to read:
1788 19-4-106. Director -- Appointment -- Authority.
1789 [An executive secretary to the board shall be appointed by the executive director, with
1790 the approval of the board, and serve under the direction of the executive director. The
1791 executive secretary may:]
1792 (1) The executive director shall appoint the director. The director shall serve under the
1793 administrative direction of the executive director.

1794 (2) The director shall:
1795 [(1)] (a) develop programs to promote and protect the quality of the public drinking
1796 water supplies of the state;
1797 [(2)] (b) advise, consult, and cooperate with other agencies of this and other states, the
1798 federal government, and with other groups, political subdivisions, and industries in furtherance
1799 of the purpose of this chapter;
1800 [(3)] (c) review plans, specifications, and other data pertinent to proposed or expanded
1801 water supply systems to [insure] ensure proper design and construction; and
1802 [(4) as authorized by the board and]
1803 (d) subject to the provisions of this chapter, enforce rules made by the board through
1804 the issuance of orders which may be subsequently revoked, which rules may require:
1805 [(a)] (i) discontinuance of use of unsatisfactory sources of drinking water;
1806 [(b)] (ii) suppliers to notify the public concerning the need to boil water; [and] or
1807 [(c)] (iii) suppliers in accordance with existing rules, to take remedial actions necessary
1808 to protect or improve an existing water system[.]; and
1809 (e) as authorized by the board and subject to the provisions of this chapter, act as
1810 executive secretary of the board under the direction of the chairman of the board.
1811 (3) The director may authorize employees or agents of the department, after reasonable
1812 notice and presentation of credentials, to enter any part of a public water system at reasonable
1813 times to inspect the facilities and water quality records required by board rules, conduct
1814 sanitary surveys, take samples, and investigate the standard of operation and service delivered
1815 by public water systems.
1816 Section 31. Section 19-4-107 is amended to read:
1817 19-4-107. Notice of violation of rule or order -- Action by attorney general.
1818 (1) Upon discovery of any violation of a rule or order of the board, the board or [its
1819 executive secretary] the director shall promptly notify the supplier of the violation, state the
1820 nature of the violation, and issue an order requiring correction of that violation or the filing of a
1821 request for variance or exemption by a specific date.

1822 (2) The attorney general shall, upon request of the [board] director, commence an
1823 action for an injunction or other relief relative to the order.
1824 Section 32. Section 19-4-109 is amended to read:
1825 19-4-109. Violations -- Penalties -- Reimbursement for expenses.
1826 (1) Any person that violates any rule or order made or issued pursuant to this chapter is
1827 subject to a civil penalty of not more than $1,000 per day for each day of violation. The board
1828 may assess and make a demand for payment of a penalty under this section by directing the
1829 [executive secretary] director to issue a notice of agency action under Title 63G, Chapter 4,
1830 Administrative Procedures Act.
1831 (2) (a) Any person that willfully violates any rule or order made or issued pursuant to
1832 this chapter, or that willfully fails to take any corrective action required by such an order, is
1833 guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each
1834 day of violation.
1835 (b) In addition, the person is subject, in a civil proceeding, to a penalty of not more
1836 than $5,000 per day for each day of violation.
1837 (3) (a) Except as provided in Subsection (3)(b), all penalties assessed and collected
1838 under the authority of this section shall be deposited in the General Fund.
1839 (b) The department may reimburse itself and local governments from money collected
1840 from civil penalties for extraordinary expenses incurred in environmental enforcement
1841 activities.
1842 (c) The department shall regulate reimbursements by making rules that:
1843 (i) define qualifying environmental enforcement activities; and
1844 (ii) define qualifying extraordinary expenses.
1845 Section 33. Section 19-5-102 (Effective 07/01/12) is amended to read:
1846 19-5-102 (Effective 07/01/12). Definitions.
1847 As used in this chapter:
1848 (1) "Agriculture discharge":
1849 (a) means the release of agriculture water from the property of a farm, ranch, or feed lot

1850 that:
1851 (i) pollutes a surface body of water, including a stream, lake, pond, marshland,
1852 watercourse, waterway, river, ditch, and other water conveyance system of the state;
1853 (ii) pollutes the ground water of the state; or
1854 (iii) constitutes a significant nuisance on urban land; and
1855 (b) does not include:
1856 (i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land
1857 that is not part of a body of water; or
1858 (ii) a release into a normally dry water conveyance to an active body of water, unless
1859 the release reaches the water of a lake, pond, stream, marshland, river, or other active body of
1860 water.
1861 (2) "Agriculture water" means:
1862 (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
1863 (b) return flows from irrigated agriculture; and
1864 (c) agricultural storm water runoff.
1865 (3) "Board" means the Water Quality Board created in Section 19-1-106 .
1866 (4) "Commission" means the Conservation Commission created in Section 4-18-4 .
1867 (5) "Contaminant" means any physical, chemical, biological, or radiological substance
1868 or matter in water.
1869 (6) "Director" means the director of the Division of Water Quality or, for purposes of
1870 groundwater quality at a facility licensed by and under the jurisdiction of the Division of
1871 Radiation Control, the director of the Division of Radiation Control.
1872 [(6)] (7) "Discharge" means the addition of any pollutant to any waters of the state.
1873 [(7)] (8) "Discharge permit" means a permit issued to a person who:
1874 (a) discharges or whose activities would probably result in a discharge of pollutants
1875 into the waters of the state; or
1876 (b) generates or manages sewage sludge.
1877 [(8)] (9) "Disposal system" means a system for disposing of wastes, and includes

1878 sewerage systems and treatment works.
1879 (10) "Division" means the Division of Water Quality, created in Subsection
1880 19-1-105 (1)(f).
1881 [(9)] (11) "Effluent limitations" means any restrictions, requirements, or prohibitions,
1882 including schedules of compliance established under this chapter which apply to discharges.
1883 [(10) "Executive secretary" means the executive secretary of the board.]
1884 [(11)] (12) "Point source":
1885 (a) means any discernible, confined, and discrete conveyance, including any pipe,
1886 ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
1887 animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
1888 discharged; and
1889 (b) does not include return flows from irrigated agriculture.
1890 [(12)] (13) "Pollution" means any man-made or man-induced alteration of the
1891 chemical, physical, biological, or radiological integrity of any waters of the state, unless the
1892 alteration is necessary for the public health and safety.
1893 [(13)] (14) "Publicly owned treatment works" means any facility for the treatment of
1894 pollutants owned by the state, its political subdivisions, or other public entity.
1895 [(14)] (15) "Schedule of compliance" means a schedule of remedial measures,
1896 including an enforceable sequence of actions or operations leading to compliance with this
1897 chapter.
1898 [(15)] (16) "Sewage sludge" means any solid, semisolid, or liquid residue removed
1899 during the treatment of municipal wastewater or domestic sewage.
1900 [(16)] (17) "Sewerage system" means pipelines or conduits, pumping stations, and all
1901 other constructions, devices, appurtenances, and facilities used for collecting or conducting
1902 wastes to a point of ultimate disposal.
1903 [(17)] (18) "Total maximum daily load" means a calculation of the maximum amount
1904 of a pollutant that a body of water can receive and still meet water quality standards.
1905 [(18)] (19) "Treatment works" means any plant, disposal field, lagoon, dam, pumping

1906 station, incinerator, or other works used for the purpose of treating, stabilizing, or holding
1907 wastes.
1908 [(19)] (20) "Underground injection" means the subsurface emplacement of fluids by
1909 well injection.
1910 [(20)] (21) "Underground wastewater disposal system" means a system for disposing of
1911 domestic wastewater discharges as defined by the board and the executive director.
1912 [(21)] (22) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator
1913 residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
1914 radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
1915 industrial, municipal, and agricultural waste discharged into water.
1916 [(22)] (23) "Waters of the state":
1917 (a) means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
1918 irrigation systems, drainage systems, and all other bodies or accumulations of water, surface
1919 and underground, natural or artificial, public or private, which are contained within, flow
1920 through, or border upon this state or any portion of the state; and
1921 (b) does not include bodies of water confined to and retained within the limits of
1922 private property, and which do not develop into or constitute a nuisance, a public health hazard,
1923 or a menace to fish or wildlife.
1924 Section 34. Section 19-5-103 is amended to read:
1925 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
1926 Organization -- Meetings -- Per diem and expenses.
1927 (1) The board [comprises] consists of the following nine members:
1928 (a) the following non-voting member, except that the member may vote to break a tie
1929 vote between the voting members:
1930 (i) the executive director [and 11 members]; or
1931 (ii) an employee of the department designated by the executive director; and
1932 (b) the following eight voting members, who shall be appointed by the governor with
1933 the consent of the Senate[.]:

1934 (i) one representative who:
1935 (A) is not connected with industry;
1936 (B) is an expert in water quality matters; and
1937 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
1938 with relevant training and experience;
1939 (ii) two government representatives who do not represent the federal government;
1940 (iii) one representative from the mineral industry;
1941 (iv) one representative from the manufacturing industry;
1942 (v) one representative who represents agricultural and livestock interests;
1943 (vi) one representative from the public who represents:
1944 (A) an environmental nongovernmental organization; or
1945 (B) a nongovernmental organization that represents community interests and does not
1946 represent industry interests; and
1947 (vii) one representative from the public who is trained and experienced in public
1948 health.
1949 [(2) No more than six of the appointed members may be from the same political party.]
1950 [(3) The appointed members, insofar as practicable, shall include the following:]
1951 [(a) one member representing the mineral industry;]
1952 [(b) one member representing the food processing industry;]
1953 [(c) one member representing another manufacturing industry;]
1954 [(d) two members who are officials of a municipal government or the officials'
1955 representative involved in the management or operation of a wastewater treatment facility;]
1956 [(e) one member representing agricultural and livestock interests;]
1957 [(f) one member representing fish, wildlife, and recreation interests;]
1958 [(g) one member representing an improvement or special service district;]
1959 [(h) two members at large, one of whom represents organized environmental interests,
1960 selected with due consideration of the areas of the state affected by water pollution and not
1961 representing other interests named in this Subsection (3); and]

1962 [(i) one member representing a local health department.]
1963 (2) A member of the board shall:
1964 (a) be knowledgeable about water quality matters, as evidenced by a professional
1965 degree, a professional accreditation, or documented experience;
1966 (b) be a resident of Utah;
1967 (c) attend board meetings in accordance with the attendance rules made by the
1968 department under Subsection 19-1-201 (1)(d)(i)(A); and
1969 (d) comply with all applicable statutes, rules, and policies, including the conflict of
1970 interest rules made by the department under Subsection 19-1-201 (1)(d)(i)(B).
1971 (3) No more than five of the appointed members may be from the same political party.
1972 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
1973 appointed for the unexpired term with the consent of the Senate.
1974 (5) (a) [Except as required by Subsection (5)(b), a] A member shall be appointed for a
1975 term of four years and is eligible for reappointment.
1976 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1977 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1978 board members are staggered so that [approximately] half of the appointed board is appointed
1979 every two years.
1980 (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
1981 appointed before March 1, 2013, shall expire on February 28, 2013.
1982 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
1983 accordance with this section.
1984 (6) A member shall hold office until the expiration of the member's term and until the
1985 member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
1986 (7) The board shall:
1987 (a) organize and annually select one of its members as chair and one of its members as
1988 vice chair;
1989 (b) hold at least four regular meetings each calendar year; and

1990 (c) keep minutes of its proceedings which are open to the public for inspection.
1991 (8) The chair may call a special meeting upon the request of three or more members of
1992 the board.
1993 (9) Each member of the board and the [executive secretary] director shall be notified of
1994 the time and place of each meeting.
1995 (10) [Seven] Five members of the board constitute a quorum for the transaction of
1996 business, and the action of a majority of members present is the action of the board.
1997 (11) A member may not receive compensation or benefits for the member's service, but
1998 may receive per diem and travel expenses in accordance with:
1999 (a) Section 63A-3-106 ;
2000 (b) Section 63A-3-107 ; and
2001 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2002 63A-3-107 .
2003 Section 35. Section 19-5-104 (Effective 07/01/12) is amended to read:
2004 19-5-104 (Effective 07/01/12). Powers and duties of board.
2005 [(1) The board has the following powers and duties:]
2006 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2007 board may make rules that:
2008 (a) taking into account Subsection (6):
2009 (i) implement the awarding of construction loans to political subdivisions and
2010 municipal authorities under Section 11-8-2 , including:
2011 (A) requirements pertaining to applications for loans;
2012 (B) requirements for determination of eligible projects;
2013 (C) requirements for determination of the costs upon which loans are based, which
2014 costs may include engineering, financial, legal, and administrative expenses necessary for the
2015 construction, reconstruction, and improvement of sewage treatment plants, including major
2016 interceptors, collection systems, and other facilities appurtenant to the plant;
2017 (D) a priority schedule for awarding loans, in which the board may consider, in

2018 addition to water pollution control needs, any financial needs relevant, including per capita
2019 cost, in making a determination of priority; and
2020 (E) requirements for determination of the amount of the loan;
2021 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
2022 73-10c-4.5 ;
2023 (iii) set effluent limitations and standards subject to Section 19-5-116 ;
2024 (iv) implement or effectuate the powers and duties of the board; and
2025 (v) protect the public health for the design, construction, operation, and maintenance of
2026 underground wastewater disposal systems, liquid scavenger operations, and vault and earthen
2027 pit privies;
2028 (b) govern inspection, monitoring, recordkeeping, and reporting requirements for
2029 underground injections and require permits for underground injections, to protect drinking
2030 water sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and
2031 oil, recognizing that underground injection endangers drinking water sources if:
2032 (i) injection may result in the presence of any contaminant in underground water that
2033 supplies or can reasonably be expected to supply any public water system, as defined in Section
2034 19-4-102 ; and
2035 (ii) the presence of the contaminant may:
2036 (A) result in the public water system not complying with any national primary drinking
2037 water standards; or
2038 (B) otherwise adversely affect the health of persons;
2039 (c) govern sewage sludge management, including permitting, inspecting, monitoring,
2040 recordkeeping, and reporting requirements; and
2041 (d) notwithstanding the provisions of Section 19-4-112 , govern design and construction
2042 of irrigation systems that:
2043 (i) convey sewage treatment facility effluent of human origin in pipelines under
2044 pressure, unless contained in surface pipes wholly on private property and for agricultural
2045 purposes; and

2046 (ii) are constructed after May 4, 1998.
2047 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2048 the board shall adopt and enforce rules and establish fees to cover the costs of testing for
2049 certification of operators of treatment works and sewerage systems operated by political
2050 subdivisions.
2051 (b) In establishing certification rules under Subsection (2)(a), the board shall:
2052 (i) base the requirements for certification on the size, treatment process type, and
2053 complexity of the treatment works and sewerage systems operated by political subdivisions;
2054 (ii) allow operators until three years after the date of adoption of the rules to obtain
2055 initial certification;
2056 (iii) allow a new operator one year from the date the operator is hired by a treatment
2057 plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
2058 later, to obtain certification;
2059 (iv) issue certification upon application and without testing, at a grade level
2060 comparable to the grade of current certification to operators who are currently certified under
2061 the voluntary certification plan for wastewater works operators as recognized by the board; and
2062 (v) issue a certification upon application and without testing that is valid only at the
2063 treatment works or sewerage system where that operator is currently employed if the operator:
2064 (A) is in charge of and responsible for the treatment works or sewerage system on
2065 March 16, 1991;
2066 (B) has been employed at least 10 years in the operation of that treatment works or
2067 sewerage system before March 16, 1991; and
2068 (C) demonstrates to the board the operator's capability to operate the treatment works
2069 or sewerage system at which the operator is currently employed by providing employment
2070 history and references as required by the board.
2071 (3) The board shall:
2072 (a) develop programs for the prevention, control, and abatement of new or existing
2073 pollution of the waters of the state;

2074 [(b) advise, consult, and cooperate with other agencies of the state, the federal
2075 government, other states, and interstate agencies, and with affected groups, political
2076 subdivisions, and industries to further the purposes of this chapter;]
2077 [(c) encourage, participate in, or conduct studies, investigations, research, and
2078 demonstrations relating to water pollution and causes of water pollution as the board finds
2079 necessary to discharge its duties;]
2080 [(d) collect and disseminate information relating to water pollution and the prevention,
2081 control, and abatement of water pollution;]
2082 [(e)] (b) adopt, modify, or repeal standards of quality of the waters of the state and
2083 classify those waters according to their reasonable uses in the interest of the public under
2084 conditions the board may prescribe for the prevention, control, and abatement of pollution;
2085 [(f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2086 Rulemaking Act, taking into account Subsection (3), to:]
2087 [(i) implement the awarding of construction loans to political subdivisions and
2088 municipal authorities under Section 11-8-2 , including:]
2089 [(A) requirements pertaining to applications for loans;]
2090 [(B) requirements for determination of eligible projects;]
2091 [(C) requirements for determination of the costs upon which loans are based, which
2092 costs may include engineering, financial, legal, and administrative expenses necessary for the
2093 construction, reconstruction, and improvement of sewage treatment plants, including major
2094 interceptors, collection systems, and other facilities appurtenant to the plant;]
2095 [(D) a priority schedule for awarding loans, in which the board may consider in
2096 addition to water pollution control needs any financial needs relevant, including per capita cost,
2097 in making a determination of priority; and]
2098 [(E) requirements for determination of the amount of the loan;]
2099 [(ii) implement the awarding of loans for nonpoint source projects pursuant to Section
2100 73-10c-4.5 ;]
2101 [(iii) set effluent limitations and standards subject to Section 19-5-116 ;]

2102 [(iv) implement or effectuate the powers and duties of the board; and]
2103 [(v) protect the public health for the design, construction, operation, and maintenance
2104 of underground wastewater disposal systems, liquid scavenger operations, and vault and
2105 earthen pit privies;]
2106 (c) give reasonable consideration in the exercise of its powers and duties to the
2107 economic impact of water pollution control on industry and agriculture;
2108 (d) meet the requirements of federal law related to water pollution;
2109 (e) establish and conduct a continuing planning process for control of water pollution,
2110 including the specification and implementation of maximum daily loads of pollutants;
2111 (f) (i) approve, approve in part, approve with conditions, or deny, in writing, an
2112 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act;
2113 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
2114 Reuse Act;
2115 (g) (i) review all total daily maximum load reports and recommendations for water
2116 quality end points and implementation strategies developed by the division before submission
2117 of the report, recommendation, or implementation strategy to the EPA;
2118 (ii) disapprove, approve, or approve with conditions all staff total daily maximum load
2119 recommendations; and
2120 (iii) provide suggestions for further consideration to the Division of Water Quality in
2121 the event a total daily maximum load strategy is rejected; and
2122 (h) to ensure compliance with applicable statutes and regulations:
2123 (i) review a settlement negotiated by the director in accordance with Subsection
2124 19-5-106 (2)(k) that requires a civil penalty of $25,000 or more; and
2125 (ii) approve or disapprove the settlement.
2126 (4) The board may:
2127 [(g)] (a) order the director to issue, modify, or revoke orders:
2128 (i) prohibiting or abating discharges;
2129 (ii) requiring the construction of new treatment works or any parts of them, or requiring

2130 the modification, extension, or alteration of existing treatment works as specified by board rule
2131 or any parts of them, or the adoption of other remedial measures to prevent, control, or abate
2132 pollution;
2133 (iii) setting standards of water quality, classifying waters or evidencing any other
2134 determination by the board under this chapter; [and] or
2135 (iv) requiring compliance with this chapter and with rules made under this chapter;
2136 [(h) (i) review plans, specifications, or other data relative to disposal systems or any
2137 part of disposal systems;]
2138 [(ii) issue construction or operating permits for the installation or modification of
2139 treatment works or any parts of the treatment works; and]
2140 (b) advise, consult, and cooperate with other agencies of the state, the federal
2141 government, other states, or interstate agencies, or with affected groups, political subdivisions,
2142 or industries to further the purposes of this chapter; or
2143 [(iii)] (c) delegate the authority to issue an operating permit to a local health
2144 department[;].
2145 [(i) after public notice and opportunity for a public hearing, issue, continue in effect,
2146 revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe
2147 to:]
2148 [(i) control the management of sewage sludge; or]
2149 [(ii) prevent or control the discharge of pollutants, including effluent limitations for the
2150 discharge of wastes into the waters of the state;]
2151 [(j) give reasonable consideration in the exercise of its powers and duties to the
2152 economic impact of water pollution control on industry and agriculture;]
2153 [(k) exercise all incidental powers necessary to carry out the purposes of this chapter,
2154 including delegation to the department of its duties as appropriate to improve administrative
2155 efficiency;]
2156 [(l) meet the requirements of federal law related to water pollution;]
2157 [(m) establish and conduct a continuing planning process for control of water pollution

2158 including the specification and implementation of maximum daily loads of pollutants;]
2159 [(n) make rules governing inspection, monitoring, recordkeeping, and reporting
2160 requirements for underground injections and require permits for them, to protect drinking water
2161 sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,
2162 recognizing that underground injection endangers drinking water sources if:]
2163 [(i) injection may result in the presence of any contaminant in underground water that
2164 supplies or can reasonably be expected to supply any public water system, as defined in Section
2165 19-4-102 ; and]
2166 [(ii) the presence of the contaminant may:]
2167 [(A) result in the public water system not complying with any national primary
2168 drinking water standards; or]
2169 [(B) otherwise adversely affect the health of persons;]
2170 [(o) make rules governing sewage sludge management, including permitting,
2171 inspecting, monitoring, recordkeeping, and reporting requirements;]
2172 [(p) adopt and enforce rules and establish fees to cover the costs of testing for
2173 certification of operators of treatment works and sewerage systems operated by political
2174 subdivisions;]
2175 [(q) notwithstanding the provisions of Section 19-4-112 , make rules governing design
2176 and construction of irrigation systems that:]
2177 [(i) convey sewage treatment facility effluent of human origin in pipelines under
2178 pressure, unless contained in surface pipes wholly on private property and for agricultural
2179 purposes; and]
2180 [(ii) are constructed after May 4, 1998;]
2181 [(r) (i) approve, approve in part, approve with conditions, or deny, in writing, an
2182 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act;]
2183 [(ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
2184 Reuse Act; and]
2185 [(s) (i) review all total daily maximum load reports and recommendations for water

2186 quality end points and implementation strategies developed by the division before submission
2187 of the report, recommendation, or implementation strategy to the EPA;]
2188 [(ii) disapprove, approve, or approve with conditions all staff total daily maximum load
2189 recommendations; and]
2190 [(iii) provide suggestions for further consideration to the Division of Water Quality in
2191 the event a total daily maximum load strategy is rejected.]
2192 [(2)] (5) In performing the duties listed in [Subsection] Subsections (1) through (4), the
2193 board shall give priority to pollution that results in a hazard to the public health.
2194 [(3)] (6) The board shall take into consideration the availability of federal grants:
2195 (a) in determining eligible project costs; and
2196 (b) in establishing priorities pursuant to Subsection [(1)(f)(i)] (1)(a)(i).
2197 [(4) In establishing certification rules under Subsection (1)(p), the board shall:]
2198 [(a) base the requirements for certification on the size, treatment process type, and
2199 complexity of the treatment works and sewerage systems operated by political subdivisions;]
2200 [(b) allow operators until three years after the date of adoption of the rules to obtain
2201 initial certification;]
2202 [(c) allow a new operator one year from the date the operator is hired by a treatment
2203 plant or sewerage system or three years after the date of adoption of the rules, whichever occurs
2204 later, to obtain certification;]
2205 [(d) issue certification upon application and without testing, at a grade level
2206 comparable to the grade of current certification to operators who are currently certified under
2207 the voluntary certification plan for wastewater works operators as recognized by the board;
2208 and]
2209 [(e) issue a certification upon application and without testing that is valid only at the
2210 treatment works or sewerage system where that operator is currently employed if the operator:]
2211 [(i) is in charge of and responsible for the treatment works or sewerage system on
2212 March 16, 1991;]
2213 [(ii) has been employed at least 10 years in the operation of that treatment works or

2214 sewerage system prior to March 16, 1991; and]
2215 [(iii) demonstrates to the board the operator's capability to operate the treatment works
2216 or sewerage system at which the operator is currently employed by providing employment
2217 history and references as required by the board.]
2218 (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
2219 following that are subject to the authority granted to the director under Section 19-5-106 :
2220 (a) a permit;
2221 (b) a license;
2222 (c) a registration;
2223 (d) a certification; or
2224 (e) another administrative authorization made by the director.
2225 (8) A board member may not speak or act for the board unless the board member is
2226 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
2227 Section 36. Section 19-5-105.5 is amended to read:
2228 19-5-105.5. Agriculture water.
2229 (1) (a) The board shall draft any rules relating to agriculture water in cooperation with
2230 the commission.
2231 (b) The commission shall advise the board before the board may adopt rules relating to
2232 agriculture water.
2233 (2) A program or rule adopted by the board for agriculture production or irrigation
2234 water shall:
2235 (a) be consistent with the federal Clean Water Act; and
2236 (b) if possible, be developed in a voluntary cooperative program with the agriculture
2237 producer associations and the commission.
2238 (3) (a) The board's authority to regulate a discharge is subject to Subsection (3)(b)
2239 relating to an agriculture discharge.
2240 (b) (i) A person responsible for an agriculture discharge shall mitigate the resulting
2241 damage in a reasonable manner, as approved by the [executive secretary] director after

2242 consulting with the commission chair.
2243 (ii) A penalty imposed on an agriculture discharge shall be proportionate to the
2244 seriousness of the resulting harm, as determined by the [executive secretary] director in
2245 consultation with the commission chair.
2246 (iii) An agriculture producer may not be held liable for an agriculture discharge
2247 resulting from a large weather event if the agriculture producer has taken reasonable measures,
2248 as the board defines by rule, to prevent an agriculture discharge.
2249 Section 37. Section 19-5-106 is amended to read:
2250 19-5-106. Director -- Appointment -- Duties.
2251 [The executive secretary shall be appointed by the executive director with the approval
2252 of the board, shall serve under the administrative direction of the executive director, and has
2253 the following duties:]
2254 (1) The executive director shall appoint the director. The director shall serve under the
2255 administrative direction of the executive director.
2256 (2) The director shall:
2257 [(1) to] (a) develop programs for the prevention, control, and abatement of new or
2258 existing pollution of the waters of the state;
2259 [(2) to] (b) advise, consult, and cooperate with other agencies of the state, the federal
2260 government, other states and interstate agencies, and with affected groups, political
2261 subdivisions, and industries in furtherance of the purposes of this chapter;
2262 [(3) to employ full-time employees as necessary to carry out the provisions of this
2263 chapter;]
2264 [(4) as authorized by the board and subject to the provisions of this chapter, to
2265 authorize any employee or representative of the department to enter at reasonable times and
2266 upon reasonable notice in or upon public or private property for the purposes of inspecting and
2267 investigating conditions and plant records concerning possible water pollution;]
2268 [(5) to encourage, participate in, or conduct studies, investigations, research, and
2269 demonstrations relating to water pollution and causes of water pollution as necessary for the

2270 discharge of duties assigned under this chapter, including the establishment of inventories of
2271 pollution sources;]
2272 [(6) to collect and disseminate information relating to water pollution and the
2273 prevention, control, and abatement of water pollution;]
2274 [(7) to] (c) develop programs for the management of sewage sludge;
2275 [(8) as authorized by the board and]
2276 (d) subject to the provisions of this chapter, [to] enforce rules made by the board
2277 through the issuance of orders [which may be subsequently amended or revoked by the board],
2278 which orders may include:
2279 [(a)] (i) prohibiting or abating discharges of wastes into the waters of the state;
2280 [(b)] (ii) requiring the construction of new control facilities or any parts of them or the
2281 modification, extension, or alteration of existing control facilities or any parts of them, or the
2282 adoption of other remedial measures to prevent, control, or abate water pollution; [and] or
2283 [(c)] (iii) prohibiting any other violation of this chapter or rules made under this
2284 chapter;
2285 [(9) to] (e) review plans, specifications, or other data relative to pollution control
2286 systems or any part of the systems provided for in this chapter;
2287 (f) issue construction or operating permits for the installation or modification of
2288 treatment works or any parts of the treatment works;
2289 (g) after public notice and opportunity for public hearing, issue, continue in effect,
2290 renew, revoke, modify, or deny discharge permits under reasonable conditions the board may
2291 prescribe to:
2292 (i) control the management of sewage sludge; or
2293 (ii) prevent or control the discharge of pollutants, including effluent limitations for the
2294 discharge of wastes into the waters of the state;
2295 (h) meet the requirements of federal law related to water pollution;
2296 [(10) as authorized by the board and subject to the provisions of this chapter, to
2297 exercise all incidental powers necessary to carry out the purposes of this chapter, including

2298 certification to any state or federal authorities for tax purposes only if the fact of construction,
2299 installation, or acquisition of any facility, land, or building, machinery, or equipment, or any
2300 part of them conforms with this chapter;]
2301 [(11) to cooperate, where the board finds appropriate, with any person in studies and
2302 research regarding water pollution and its control, abatement, and prevention; and]
2303 [(12) to] (i) under the direction of the executive director, represent the state [with the
2304 specific concurrence of the executive director] in all matters pertaining to water pollution,
2305 including interstate compacts and other similar agreements[.];
2306 (j) collect and disseminate information relating to water pollution and the prevention,
2307 control, and abatement of water pollution; and
2308 (k) subject to Subsection 19-5-104 (3)(h), settle or compromise any civil action initiated
2309 by the division to compel compliance with this chapter or the rules made under this chapter.
2310 (3) The director may:
2311 (a) employ full-time employees as necessary to carry out the provisions of this chapter;
2312 (b) subject to the provisions of this chapter, authorize any employee or representative
2313 of the department to enter, at reasonable times and upon reasonable notice, in or upon public or
2314 private property for the purposes of inspecting and investigating conditions and plant records
2315 concerning possible water pollution;
2316 (c) encourage, participate in, or conduct studies, investigations, research, and
2317 demonstrations relating to water pollution and causes of water pollution as necessary for the
2318 discharge of duties assigned under this chapter, including the establishment of inventories of
2319 pollution sources;
2320 (d) collect and disseminate information relating to water pollution and the prevention,
2321 control, and abatement of water pollution;
2322 (e) subject to the provisions of this chapter, exercise all incidental powers necessary to
2323 carry out the purposes of this chapter, including certification to any state or federal authorities
2324 for tax purposes only if the construction, installation, or acquisition of any facility, land,
2325 building, machinery, equipment, or any part of them conforms with this chapter;

2326 (f) cooperate with any person in studies and research regarding water pollution and its
2327 control, abatement, and prevention;
2328 (g) encourage, participate in, or conduct studies, investigations, research, and
2329 demonstrations relating to water pollution and causes of water pollution; or
2330 (h) as authorized by the board and subject to the provisions of this chapter, act as
2331 executive secretary of the board under the direction of the chairman of the board.
2332 Section 38. Section 19-5-107 is amended to read:
2333 19-5-107. Discharge of pollutants unlawful -- Discharge permit required.
2334 (1) (a) Except as provided in this chapter or rules made under it, it is unlawful for any
2335 person to discharge a pollutant into waters of the state or to cause pollution which constitutes a
2336 menace to public health and welfare, or is harmful to wildlife, fish or aquatic life, or impairs
2337 domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or
2338 cause to be placed any wastes in a location where there is probable cause to believe it will
2339 cause pollution.
2340 (b) For purposes of injunctive relief, any violation of this subsection is a public
2341 nuisance.
2342 (2) (a) A person may not generate, store, treat, process, use, transport, dispose, or
2343 otherwise manage sewage sludge, except in compliance with this chapter and rules made under
2344 it.
2345 (b) For purposes of injunctive relief, any violation of this subsection is a public
2346 nuisance.
2347 (3) It is unlawful for any person, without first securing a permit from the [executive
2348 secretary as authorized by the board] director, to:
2349 (a) make any discharge or manage sewage sludge not authorized under an existing
2350 valid discharge permit; or
2351 (b) construct, install, modify, or operate any treatment works or part of any treatment
2352 works or any extension or addition to any treatment works, or construct, install, or operate any
2353 establishment or extension or modification of or addition to any treatment works, the operation

2354 of which would probably result in a discharge.
2355 Section 39. Section 19-5-108 is amended to read:
2356 19-5-108. Discharge permits -- Requirements and procedure for issuance.
2357 (1) The board may [prescribe conditions] make rules, in accordance with Title 63G,
2358 Chapter 3, Utah Administrative Rulemaking Act, for and require the submission of plans,
2359 specifications, and other information to the [executive secretary] director in connection with
2360 the issuance of discharge permits.
2361 (2) Each discharge permit shall have a fixed term not exceeding five years. Upon
2362 expiration of a discharge permit, a new permit may be issued by the [executive secretary]
2363 director as authorized by the board after notice and an opportunity for public hearing and upon
2364 condition that the applicant meets or will meet all applicable requirements of this chapter,
2365 including the conditions of any permit granted by the board.
2366 (3) The board may require notice to the [executive secretary] director of the
2367 introduction of pollutants into publicly-owned treatment works and identification to the
2368 [executive secretary] director of the character and volume of any pollutant of any significant
2369 source subject to pretreatment standards under Subsection 307(b) of the federal Clean Water
2370 Act. The [executive secretary] director shall provide in the permit for compliance with
2371 pretreatment standards.
2372 (4) The [board] director may impose as conditions in permits for the discharge of
2373 pollutants from publicly-owned treatment works appropriate measures to establish and insure
2374 compliance by industrial users with any system of user charges required under this chapter or
2375 the rules adopted under it.
2376 (5) The [board] director may apply and enforce against industrial users of
2377 publicly-owned treatment works, toxic effluent standards and pretreatment standards for the
2378 introduction into the treatment works of pollutants which interfere with, pass through, or
2379 otherwise are incompatible with the treatment works.
2380 Section 40. Section 19-5-111 is amended to read:
2381 19-5-111. Notice of violations -- Hearings.

2382 (1) Whenever the [board] director determines there are reasonable grounds to believe
2383 that there has been a violation of this chapter or any order of the director or the board, [it] the
2384 director may give written notice to the alleged violator specifying the provisions that have been
2385 violated and the facts that constitute the violation.
2386 (2) The notice shall require that the matters complained of be corrected.
2387 (3) The notice may order the alleged violator to appear before an administrative law
2388 judge as provided by Section 19-1-301 at a time and place specified in the notice and answer
2389 the charges.
2390 Section 41. Section 19-5-112 is amended to read:
2391 19-5-112. Hearings conducted by an administrative law judge -- Decisions on
2392 denial or revocation of permit conducted by executive director.
2393 (1) [(a)] Except as provided by Subsection (2), an administrative law judge shall
2394 conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301 .
2395 [(b) All decisions shall be rendered by a majority of the board.]
2396 (2) (a) An administrative law judge shall conduct, on the executive director's behalf, a
2397 hearing regarding an appeal of a permit decision for which the state has assumed primacy under
2398 the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
2399 [(b) Notwithstanding Subsection 19-1-301 (6), the administrative law judge shall
2400 submit to the executive director a proposed dispositive action.]
2401 [(c) The executive director may:]
2402 [(i) approve, approve with modifications, or disapprove a proposed dispositive action
2403 submitted to the executive director under Subsection (2)(b); or]
2404 [(ii) return the proposed dispositive action to the administrative law judge for further
2405 action as directed.]
2406 [(d)] (b) The decision of the executive director is final and binding on all parties [as a
2407 final determination of the board] unless stayed or overturned on appeal.
2408 Section 42. Section 19-5-113 is amended to read:
2409 19-5-113. Power of director to enter property for investigation -- Records and

2410 reports required of owners or operators.
2411 (1) The [board] director or [its] the director's authorized representative has, after
2412 presentation of credentials, the authority to enter at reasonable times upon any private or public
2413 property for the purpose of:
2414 (a) sampling, inspecting, or investigating matters or conditions relating to pollution or
2415 the possible pollution of any waters of the state, effluents or effluent sources, monitoring
2416 equipment, or sewage sludge; and
2417 (b) reviewing and copying records required to be maintained under this chapter.
2418 (2) (a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
2419 Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner
2420 or operator of a disposal system, including a system discharging into publicly owned treatment
2421 works, to:
2422 (i) establish and maintain reasonable records and make reports relating to the operation
2423 of the system or the management of the sewage sludge;
2424 (ii) install, use, and maintain monitoring equipment or methods;
2425 (iii) sample, and analyze effluents or sewage sludges; and
2426 (iv) provide other information reasonably required.
2427 (b) The records, reports, and information shall be available to the public except as
2428 provided in Subsection 19-1-306 (2) or Subsections 63G-2-305 (1) and (2), Government
2429 Records Access and Management Act, as appropriate, for other than effluent information.
2430 Section 43. Section 19-5-114 is amended to read:
2431 19-5-114. Spills or discharges of oil or other substance -- Notice to director.
2432 Any person who spills or discharges any oil or other substance which may cause the
2433 pollution of the waters of the state shall immediately notify the [executive secretary] director of
2434 the spill or discharge, any containment procedures undertaken, and a proposed procedure for
2435 cleanup and disposal, in accordance with rules of the board.
2436 Section 44. Section 19-5-115 is amended to read:
2437 19-5-115. Violations -- Penalties -- Civil actions by director -- Ordinances and

2438 rules of political subdivisions.
2439 (1) The terms "knowingly," "willfully," and "criminal negligence" are as defined in
2440 Section 76-2-103 .
2441 (2) Any person who violates this chapter, or any permit, rule, or order adopted under it,
2442 upon a showing that the violation occurred, is subject in a civil proceeding to a civil penalty not
2443 to exceed $10,000 per day of violation.
2444 (3) (a) A person is guilty of a class A misdemeanor and is subject to imprisonment
2445 under Section 76-3-204 and a fine not exceeding $25,000 per day who with criminal
2446 negligence:
2447 (i) discharges pollutants in violation of Subsection 19-5-107 (1) or in violation of any
2448 condition or limitation included in a permit issued under Subsection 19-5-107 (3);
2449 (ii) violates Section 19-5-113 ;
2450 (iii) violates a pretreatment standard or toxic effluent standard for publicly owned
2451 treatment works; or
2452 (iv) manages sewage sludge in violation of this chapter or rules adopted under it.
2453 (b) A person is guilty of a third degree felony and is subject to imprisonment under
2454 Section 76-3-203 and a fine not to exceed $50,000 per day of violation who knowingly:
2455 (i) discharges pollutants in violation of Subsection 19-5-107 (1) or in violation of any
2456 condition or limitation included in a permit issued under Subsection 19-5-107 (3);
2457 (ii) violates Section 19-5-113 ;
2458 (iii) violates a pretreatment standard or toxic effluent standard for publicly owned
2459 treatment works; or
2460 (iv) manages sewage sludge in violation of this chapter or rules adopted under it.
2461 (4) A person is guilty of a third degree felony and subject to imprisonment under
2462 Section 76-3-203 and shall be punished by a fine not exceeding $10,000 per day of violation if
2463 that person knowingly:
2464 (a) makes a false material statement, representation, or certification in any application,
2465 record, report, plan, or other document filed or required to be maintained under this chapter, or

2466 by any permit, rule, or order issued under it; or
2467 (b) falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
2468 method required to be maintained under this chapter.
2469 (5) (a) As used in this section:
2470 (i) "Organization" means a legal entity, other than a government, established or
2471 organized for any purpose, and includes a corporation, company, association, firm, partnership,
2472 joint stock company, foundation, institution, trust, society, union, or any other association of
2473 persons.
2474 (ii) "Serious bodily injury" means bodily injury which involves a substantial risk of
2475 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
2476 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
2477 (b) A person is guilty of a second degree felony and, upon conviction, is subject to
2478 imprisonment under Section 76-3-203 and a fine of not more than $250,000 if that person:
2479 (i) knowingly violates this chapter, or any permit, rule, or order adopted under it; and
2480 (ii) knows at that time that he is placing another person in imminent danger of death or
2481 serious bodily injury.
2482 (c) If a person is an organization, it shall, upon conviction of violating Subsection
2483 (5)(b), be subject to a fine of not more than $1,000,000.
2484 (d) (i) A defendant who is an individual is considered to have acted knowingly if:
2485 (A) the defendant's conduct placed another person in imminent danger of death or
2486 serious bodily injury; and
2487 (B) the defendant was aware of or believed that there was an imminent danger of death
2488 or serious bodily injury to another person.
2489 (ii) Knowledge possessed by a person other than the defendant may not be attributed to
2490 the defendant.
2491 (iii) Circumstantial evidence may be used to prove that the defendant possessed actual
2492 knowledge, including evidence that the defendant took affirmative steps to be shielded from
2493 receiving relevant information.

2494 (e) (i) It is an affirmative defense to prosecution under this Subsection (5) that the
2495 conduct charged was consented to by the person endangered and that the danger and conduct
2496 charged were reasonably foreseeable hazards of:
2497 (A) an occupation, a business, or a profession; or
2498 (B) medical treatment or medical or scientific experimentation conducted by
2499 professionally approved methods and the other person was aware of the risks involved prior to
2500 giving consent.
2501 (ii) The defendant has the burden of proof to establish any affirmative defense under
2502 this Subsection (5)(e) and shall prove that defense by a preponderance of the evidence.
2503 (6) For purposes of Subsections 19-5-115 (3) through (5), a single operational upset
2504 which leads to simultaneous violations of more than one pollutant parameter shall be treated as
2505 a single violation.
2506 (7) (a) The [board] director may begin a civil action for appropriate relief, including a
2507 permanent or temporary injunction, for any violation or threatened violation for which it is
2508 authorized to issue a compliance order under Section 19-5-111 .
2509 (b) Actions shall be brought in the district court where the violation or threatened
2510 violation occurs.
2511 (8) (a) The attorney general is the legal advisor for the board and [its executive
2512 secretary] the director and shall defend them in all actions or proceedings brought against them.
2513 (b) The county attorney or district attorney as appropriate under Sections 17-18-1 ,
2514 17-18-1.5 , and 17-18-1.7 in the county in which a cause of action arises, shall bring any action,
2515 civil or criminal, requested by the [board] director, to abate a condition that exists in violation
2516 of, or to prosecute for the violation of, or to enforce, the laws or the standards, orders, and rules
2517 of the board or the [executive secretary] director issued under this chapter.
2518 (c) The [board] director may [itself] initiate any action under this section and be
2519 represented by the attorney general.
2520 (9) If any person fails to comply with a cease and desist order that is not subject to a
2521 stay pending administrative or judicial review, the [board] director may[, through its executive

2522 secretary,] initiate an action for and be entitled to injunctive relief to prevent any further or
2523 continued violation of the order.
2524 (10) Any political subdivision of the state may enact and enforce ordinances or rules
2525 for the implementation of this chapter that are not inconsistent with this chapter.
2526 (11) (a) Except as provided in Subsection (11)(b), all penalties assessed and collected
2527 under the authority of this section shall be deposited in the General Fund.
2528 (b) The department may reimburse itself and local governments from money collected
2529 from civil penalties for extraordinary expenses incurred in environmental enforcement
2530 activities.
2531 (c) The department shall regulate reimbursements by making rules that:
2532 (i) define qualifying environmental enforcement activities; and
2533 (ii) define qualifying extraordinary expenses.
2534 Section 45. Section 19-6-102 is amended to read:
2535 19-6-102. Definitions.
2536 As used in this part:
2537 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
2538 19-1-106 .
2539 (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
2540 which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
2541 disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
2542 facility or site.
2543 (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
2544 means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
2545 disposal.
2546 (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
2547 does not include a facility that:
2548 (i) receives waste for recycling;
2549 (ii) receives waste to be used as fuel, in compliance with federal and state

2550 requirements; or
2551 (iii) is solely under contract with a local government within the state to dispose of
2552 nonhazardous solid waste generated within the boundaries of the local government.
2553 (4) "Construction waste or demolition waste":
2554 (a) means waste from building materials, packaging, and rubble resulting from
2555 construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
2556 and other structures, and from road building and land clearing; and
2557 (b) does not include: asbestos; contaminated soils or tanks resulting from remediation
2558 or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar
2559 hazardous or potentially hazardous materials.
2560 (5) "Demolition waste" has the same meaning as the definition of construction waste in
2561 this section.
2562 (6) "Director" means the director of the Division of Solid and Hazardous Waste.
2563 [(6)] (7) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
2564 or placing of any solid or hazardous waste into or on any land or water so that the waste or any
2565 constituent of the waste may enter the environment, be emitted into the air, or discharged into
2566 any waters, including groundwaters.
2567 (8) "Division" means the Division of Solid and Hazardous Waste, created in
2568 Subsection 19-1-105 (1)(e).
2569 [(7) "Executive secretary" means the executive secretary of the board.]
2570 [(8)] (9) "Generation" or "generated" means the act or process of producing
2571 nonhazardous solid or hazardous waste.
2572 [(9)] (10) "Hazardous waste" means a solid waste or combination of solid wastes other
2573 than household waste which, because of its quantity, concentration, or physical, chemical, or
2574 infectious characteristics may cause or significantly contribute to an increase in mortality or an
2575 increase in serious irreversible or incapacitating reversible illness or may pose a substantial
2576 present or potential hazard to human health or the environment when improperly treated,
2577 stored, transported, disposed of, or otherwise managed.

2578 [(10)] (11) "Health facility" means hospitals, psychiatric hospitals, home health
2579 agencies, hospices, skilled nursing facilities, intermediate care facilities, intermediate care
2580 facilities for people with an intellectual disability, residential health care facilities, maternity
2581 homes or birthing centers, free standing ambulatory surgical centers, facilities owned or
2582 operated by health maintenance organizations, and state renal disease treatment centers
2583 including free standing hemodialysis units, the offices of private physicians and dentists
2584 whether for individual or private practice, veterinary clinics, and mortuaries.
2585 [(11)] (12) "Household waste" means any waste material, including garbage, trash, and
2586 sanitary wastes in septic tanks, derived from households, including single-family and
2587 multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
2588 campgrounds, picnic grounds, and day-use recreation areas.
2589 [(12)] (13) "Infectious waste" means a solid waste that contains or may reasonably be
2590 expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
2591 a susceptible host could result in an infectious disease.
2592 [(13)] (14) "Manifest" means the form used for identifying the quantity, composition,
2593 origin, routing, and destination of hazardous waste during its transportation from the point of
2594 generation to the point of disposal, treatment, or storage.
2595 [(14)] (15) "Mixed waste" means any material that is a hazardous waste as defined in
2596 this chapter and is also radioactive as defined in Section 19-3-102 .
2597 [(15)] (16) "Modification plan" means a plan under Section 19-6-108 to modify a
2598 facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or
2599 disposing of hazardous waste.
2600 [(16)] (17) "Operation plan" or "nonhazardous solid or hazardous waste operation
2601 plan" means a plan or approval under Section 19-6-108 , including:
2602 (a) a plan to own, construct, or operate a facility or site for the purpose of disposing of
2603 nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
2604 (b) a closure plan;
2605 (c) a modification plan; or

2606 (d) an approval that the [executive secretary] director is authorized to issue.
2607 [(17)] (18) "Permittee" means a person who is obligated under an operation plan.
2608 [(18)] (19) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from
2609 a waste treatment plant, water supply treatment plant, or air pollution control facility, or other
2610 discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
2611 from industrial, commercial, mining, or agricultural operations and from community activities
2612 but does not include solid or dissolved materials in domestic sewage or in irrigation return
2613 flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
2614 Act, or under the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.
2615 (b) "Solid waste" does not include any of the following wastes unless the waste causes
2616 a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
2617 (i) certain large volume wastes, such as inert construction debris used as fill material;
2618 (ii) drilling muds, produced waters, and other wastes associated with the exploration,
2619 development, or production of oil, gas, or geothermal energy;
2620 (iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
2621 generated primarily from the combustion of coal or other fossil fuels;
2622 (iv) solid wastes from the extraction, beneficiation, and processing of ores and
2623 minerals; or
2624 (v) cement kiln dust.
2625 [(19)] (20) "Storage" means the actual or intended containment of solid or hazardous
2626 waste either on a temporary basis or for a period of years in such a manner as not to constitute
2627 disposal of the waste.
2628 [(20)] (21) "Transportation" means the off-site movement of solid or hazardous waste
2629 to any intermediate point or to any point of storage, treatment, or disposal.
2630 [(21)] (22) "Treatment" means a method, technique, or process designed to change the
2631 physical, chemical, or biological character or composition of any solid or hazardous waste so as
2632 to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
2633 recovery, amenable to storage, or reduced in volume.

2634 [(22)] (23) "Underground storage tank" means a tank which is regulated under Subtitle
2635 I of the Resource Conservation and Recovery Act, 42 U.S.C., Section 6991, et seq.
2636 Section 46. Section 19-6-102.1 is amended to read:
2637 19-6-102.1. Treatment and disposal -- Exclusions.
2638 As used in Subsections 19-6-104 [(1)(j)(ii)(B)] (1)(e)(ii)(B), 19-6-108 (3)(b) and
2639 (3)(c)(ii)(B), and 19-6-119 (1)(a), the term "treatment and disposal" specifically excludes the
2640 recycling, use, reuse, or reprocessing of fly ash waste, bottom ash waste, slag waste, or flue gas
2641 emission control waste generated primarily from the combustion of coal or other fossil fuels;
2642 waste from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
2643 dust, including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road
2644 construction, railway ballast, construction fill, aggregate, and other construction-related
2645 purposes.
2646 Section 47. Section 19-6-102.6 is amended to read:
2647 19-6-102.6. Legislative participation in landfill siting disputes.
2648 (1) (a) Upon the Legislature's receipt of a written request by a county governing body
2649 or a member of the Legislature whose district is involved in a landfill siting dispute, the
2650 president of the Senate and the speaker of the House shall appoint a committee as described
2651 under Subsection (2) and volunteers under Subsection (3) to actively seek an acceptable
2652 location for a municipal landfill if there is a dispute between two or more counties regarding
2653 the proposed site of a municipal landfill.
2654 (b) The president and the speaker shall consult with the legislators appointed under this
2655 subsection regarding their appointment of members of the committee under Subsection (2), and
2656 volunteers under Subsection (3).
2657 (2) The committee shall consist of the following members, appointed jointly by the
2658 president and the speaker:
2659 (a) two members from the Senate:
2660 (i) one member from the county where the proposed landfill site is located; and
2661 (ii) one member from the other county involved in the dispute, but if more than one

2662 other county is involved, still only one senator from one of those counties;
2663 (b) two members from the House:
2664 (i) one member from the county where the proposed landfill site is located; and
2665 (ii) one member from the other county involved in the dispute, but if more than one
2666 other county is involved, still only one representative from one of those counties;
2667 (c) one individual whose current principal residence is within a community located
2668 within 20 miles of any exterior boundary of the proposed landfill site, but if no community is
2669 located within 20 miles of the community, then an individual whose current residence is in the
2670 community nearest the proposed landfill site;
2671 (d) two resident citizens from the county where the proposed landfill site is located;
2672 and
2673 (e) three resident citizens from the other county involved in the dispute, but if more
2674 than one other county is involved, still only three citizen representatives from those counties.
2675 (3) Two volunteers shall be appointed under Subsection (1). The volunteers shall be
2676 individuals who agree to assist, as requested, the committee members who represent the
2677 interests of the county where the proposed landfill site is located.
2678 (4) (a) Funding and staffing for the committee shall be provided jointly and equally by
2679 the Senate and the House.
2680 (b) The Department of Environmental Quality shall, at the request of the committee
2681 and as funds are available within the department's existing budget, provide support in arranging
2682 for committee hearings to receive public input and secretarial staff to make a record of those
2683 hearings.
2684 (5) The committee shall:
2685 (a) appoint a chair from among its members; and
2686 (b) meet as necessary, but not less often than once per month, until its work is
2687 completed.
2688 (6) The committee shall report in writing the results of its work and any
2689 recommendations it may have for legislative action to the interim committees of the Legislature

2690 as directed by the Legislative Management Committee.
2691 (7) (a) All action by the division, the [executive secretary] director, or the division
2692 board of the Department of Environmental Quality regarding any proposed municipal landfill
2693 site, regarding which a request has been submitted under Subsection (1), is tolled for one year
2694 from the date the request is submitted, or until the committee completes its work under this
2695 section, whichever occurs first. This Subsection (7) also tolls the time limits imposed by
2696 Subsection 19-6-108 (13).
2697 (b) This Subsection (7) applies to any proposed landfill site regarding which the
2698 department has not granted final approval on or before March 21, 1995.
2699 (c) As used in this Subsection (7), "final approval" means final agency action taken
2700 after conclusion of proceedings under Sections 63G-4-207 through 63G-4-405 .
2701 (8) This section does not apply to a municipal solid waste facility that is, on or before
2702 March 23, 1994:
2703 (a) operating under an existing permit or the renewal of an existing permit issued by
2704 the local health department or other authority granted by the Department of Environmental
2705 Quality; or
2706 (b) operating under the approval of the local health department, regardless of whether a
2707 formal permit has been issued.
2708 Section 48. Section 19-6-103 is amended to read:
2709 19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
2710 Organization -- Meetings -- Per diem and expenses.
2711 (1) The [Solid and Hazardous Waste Control Board created by Section 19-1-106
2712 comprises the] board consists of the following nine members:
2713 (a) the following non-voting member, except that the member may vote to break a tie
2714 vote between the voting members:
2715 (i) the executive director [and 12]; or
2716 (ii) an employee of the department designated by the executive director; and
2717 (b) the following eight voting members appointed by the governor with the consent of

2718 the Senate[.]:
2719 (i) one representative who:
2720 (A) is not connected with industry;
2721 (B) is an expert in waste management matters; and
2722 (C) is a Utah-licensed professional engineer;
2723 (ii) two government representatives who do not represent the federal government;
2724 (iii) one representative from the manufacturing, mining, or fuel industry;
2725 (iv) one representative from the private solid or hazardous waste disposal industry;
2726 (v) one representative from the private hazardous waste recovery industry;
2727 (vi) one representative from the public who represents:
2728 (A) an environmental nongovernmental organization; or
2729 (B) a nongovernmental organization that represents community interests and does not
2730 represent industry interests; and
2731 (vii) one representative from the public who is trained and experienced in public
2732 health.
2733 (2) [The appointed members] A member of the board shall:
2734 (a) be knowledgeable about solid and hazardous waste matters [and consist of:] as
2735 evidenced by a professional degree, a professional accreditation, or documented experience;
2736 [(a) one representative of municipal government;]
2737 [(b) one representative of county government;]
2738 [(c) one representative of the manufacturing or fuel industry;]
2739 [(d) one representative of the mining industry;]
2740 [(e) one representative of the private solid waste disposal or solid waste recovery
2741 industry;]
2742 [(f) one registered professional engineer;]
2743 [(g) one representative of a local health department;]
2744 [(h) one representative of the hazardous waste disposal industry; and]
2745 [(i) four representatives of the public, at least one of whom is a representative of

2746 organized environmental interests.]
2747 (b) be a resident of Utah;
2748 (c) attend board meetings in accordance with the attendance rules made by the
2749 department under Subsection 19-1-201 (1)(d)(i)(A); and
2750 (d) comply with all applicable statutes, rules, and policies, including the conflict of
2751 interest rules made by the department in accordance with Subsection 19-1-201 (1)(d)(i)(B).
2752 (3) [Not] No more than [six] five of the appointed members may be from the same
2753 political party.
2754 (4) (a) [Except as required by Subsection (4)(b), members] Members shall be
2755 appointed for terms of four years each.
2756 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2757 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2758 board members are staggered so that [approximately] half of the appointed board is appointed
2759 every two years.
2760 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
2761 appointed before March 1, 2013, shall expire on February 28, 2013.
2762 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
2763 accordance with this section.
2764 (5) Each member is eligible for reappointment.
2765 (6) Board members shall continue in office until the expiration of their terms and until
2766 their successors are appointed, but not more than 90 days after the expiration of their terms.
2767 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
2768 appointed for the unexpired term by the governor, after considering recommendations of the
2769 board and with the consent of the Senate.
2770 (8) The board shall elect a chair and vice chair on or before April 1 of each year from
2771 its membership.
2772 (9) A member may not receive compensation or benefits for the member's service, but
2773 may receive per diem and travel expenses in accordance with:

2774 (a) Section 63A-3-106 ;
2775 (b) Section 63A-3-107 ; and
2776 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2777 63A-3-107 .
2778 (10) (a) The board shall hold a meeting at least once every three months including one
2779 meeting during each annual general session of the Legislature.
2780 (b) Meetings shall be held on the call of the chair, the [executive secretary] director, or
2781 any three of the members.
2782 (11) [Seven] Five members constitute a quorum at any meeting, and the action of the
2783 majority of members present is the action of the board.
2784 Section 49. Section 19-6-104 is amended to read:
2785 19-6-104. Powers of board -- Creation of statewide solid waste management plan.
2786 (1) The board shall:
2787 (a) survey solid and hazardous waste generation and management practices within this
2788 state and, after public hearing and after providing opportunities for comment by local
2789 governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
2790 waste management plan for the state;
2791 [(b) carry out inspections pursuant to Section 19-6-109 ;]
2792 [(c) (i) hold a hearing that is not an adjudicative proceeding and compel the attendance
2793 of witnesses, the production of documents, and other evidence, administer oaths and take
2794 testimony, and receive evidence it finds proper, or appoint hearing officers to conduct a hearing
2795 that is not an adjudicative proceeding who shall be delegated these powers;]
2796 [(ii) receive a proposed dispositive action from an administrative law judge as provided
2797 by Section 19-1-301 ; and]
2798 [(iii) (A) approve, approve with modifications, or disapprove a proposed dispositive
2799 action; or]
2800 [(B) return the proposed dispositive action to the administrative law judge for further
2801 action as directed;]

2802 (b) order the director to:
2803 [(d)] (i) issue orders necessary to effectuate the provisions of this part and
2804 [implementing] rules [and] made under this part;
2805 (ii) enforce [them] the orders by administrative and judicial proceedings[, and cause
2806 the initiation of]; or
2807 (iii) initiate judicial proceedings to secure compliance with this part;
2808 [(e) settle or compromise any administrative or civil action initiated to compel
2809 compliance with this part and any rules adopted under this part;]
2810 [(f) require submittal of specifications or other information relating to hazardous waste
2811 plans for review, and approve, disapprove, revoke, or review the plans;]
2812 [(g) advise, consult, cooperate with, and provide technical assistance to other agencies
2813 of the state and federal government, other states, interstate agencies, and affected groups,
2814 political subdivisions, industries, and other persons in carrying out the purposes of this part;]
2815 [(h)] (c) promote the planning and application of resource recovery systems to prevent
2816 the unnecessary waste and depletion of natural resources;
2817 [(i)] (d) meet the requirements of federal law related to solid and hazardous wastes to
2818 insure that the solid and hazardous wastes program provided for in this part is qualified to
2819 assume primacy from the federal government in control over solid and hazardous waste;
2820 [(j)] (e) (i) require any facility, including those listed in Subsection (1)[(j)](e)(ii), that is
2821 intended for disposing of nonhazardous solid waste or wastes listed in Subsection
2822 (1)[(j)](e)(ii)(B) to submit plans, specifications, and other information required by the board to
2823 the board prior to construction, modification, installation, or establishment of a facility to allow
2824 the board to determine whether the proposed construction, modification, installation, or
2825 establishment of the facility will be in accordance with rules made under this part;
2826 (ii) facilities referred to in Subsection (1)[(j)](e)(i) include:
2827 (A) any incinerator that is intended for disposing of nonhazardous solid waste; and
2828 (B) except for facilities that receive the following wastes solely for the purpose of
2829 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,

2830 and with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
2831 emission control waste generated primarily from the combustion of coal or other fossil fuels;
2832 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
2833 dust wastes; and
2834 [(k) exercise all other incidental powers necessary to carry out the purposes of this
2835 part.]
2836 (f) to ensure compliance with applicable statutes and regulations:
2837 (i) review a settlement negotiated by the director in accordance with Subsection
2838 19-6-107 (3)(a) that requires a civil penalty of $25,000 or more; and
2839 (ii) approve or disapprove the settlement.
2840 (2) The board may:
2841 (a) (i) hold a hearing that is not an adjudicative proceeding; or
2842 (ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
2843 or
2844 (b) advise, consult, cooperate with, or provide technical assistance to other agencies of
2845 the state or federal government, other states, interstate agencies, or affected groups, political
2846 subdivisions, industries, or other persons in carrying out the purposes of this part.
2847 [(2)] (3) (a) The board shall establish a comprehensive statewide solid waste
2848 management plan by January 1, 1994.
2849 (b) The plan shall:
2850 (i) incorporate the solid waste management plans submitted by the counties;
2851 (ii) provide an estimate of solid waste capacity needed in the state for the next 20
2852 years;
2853 (iii) assess the state's ability to minimize waste and recycle;
2854 (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
2855 needs and existing capacity;
2856 (v) evaluate facility siting, design, and operation;
2857 (vi) review funding alternatives for solid waste management; and

2858 (vii) address other solid waste management concerns that the board finds appropriate
2859 for the preservation of the public health and the environment.
2860 (c) The board shall consider the economic viability of solid waste management
2861 strategies prior to incorporating them into the plan and shall consider the needs of population
2862 centers.
2863 (d) The board shall review and modify the comprehensive statewide solid waste
2864 management plan no less frequently than every five years.
2865 [(3)] (4) (a) The board shall determine the type of solid waste generated in the state and
2866 tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
2867 waste management plan.
2868 (b) The board shall review and modify the inventory no less frequently than once every
2869 five years.
2870 [(4)] (5) Subject to the limitations contained in Subsection 19-6-102 [(18)](19)(b), the
2871 board shall establish siting criteria for nonhazardous solid waste disposal facilities, including
2872 incinerators.
2873 (6) The board may not issue, amend, renew, modify, revoke, or terminate any of the
2874 following that are subject to the authority granted to the director under Section 19-6-107 :
2875 (a) a permit;
2876 (b) a license;
2877 (c) a registration;
2878 (d) a certification; or
2879 (e) another administrative authorization made by the director.
2880 (7) A board member may not speak or act for the board unless the board member is
2881 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
2882 Section 50. Section 19-6-105 is amended to read:
2883 19-6-105. Rules of board.
2884 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
2885 Administrative Rulemaking Act:

2886 (a) establishing minimum standards for protection of human health and the
2887 environment, for the storage, collection, transport, recovery, treatment, and disposal of solid
2888 waste, including requirements for the approval by the director of plans for the construction,
2889 extension, operation, and closure of solid waste disposal sites;
2890 (b) identifying wastes which are determined to be hazardous, including wastes
2891 designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
2892 1976, 42 U.S.C., Sec. 6921, et seq.;
2893 (c) governing generators and transporters of hazardous wastes and owners and
2894 operators of hazardous waste treatment, storage, and disposal facilities, including requirements
2895 for keeping records, monitoring, submitting reports, and using a manifest, without treating
2896 high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
2897 muds, and oil production brines in a manner more stringent than they are treated under federal
2898 standards;
2899 (d) requiring an owner or operator of a treatment, storage, or disposal facility that is
2900 subject to a plan approval under Section 19-6-108 or which received waste after July 26, 1982,
2901 to take appropriate corrective action or other response measures for releases of hazardous waste
2902 or hazardous waste constituents from the facility, including releases beyond the boundaries of
2903 the facility;
2904 (e) specifying the terms and conditions under which the [board] director shall approve,
2905 disapprove, revoke, or review hazardous wastes operation plans;
2906 (f) governing public hearings and participation under this part;
2907 (g) establishing standards governing underground storage tanks, in accordance with
2908 Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
2909 (h) relating to the collection, transportation, processing, treatment, storage, and
2910 disposal of infectious waste in health facilities in accordance with the requirements of Section
2911 19-6-106 ;
2912 (i) defining closure plans as major or minor;
2913 (j) defining modification plans as major or minor; and

2914 (k) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
2915 organic waste substance of any kind to be thrown, or remain upon or in any street, road, ditch,
2916 canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or
2917 well.
2918 (2) If any of the following are determined to be hazardous waste and are therefore
2919 subjected to the provisions of this part, the board shall, in the case of landfills or surface
2920 impoundments that receive the solid wastes, take into account the special characteristics of the
2921 wastes, the practical difficulties associated with applying requirements for other wastes to the
2922 wastes, and site specific characteristics, including the climate, geology, hydrology, and soil
2923 chemistry at the site, if the modified requirements assure protection of human health and the
2924 environment and are no more stringent than federal standards applicable to wastes:
2925 (a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
2926 including phosphate rock and overburden from the mining of uranium;
2927 (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
2928 generated primarily from the combustion of coal or other fossil fuels; and
2929 (c) cement kiln dust waste.
2930 (3) The board shall establish criteria for siting commercial hazardous waste treatment,
2931 storage, and disposal facilities, including commercial hazardous waste incinerators. Those
2932 criteria shall apply to any facility or incinerator for which plan approval is required under
2933 Section 19-6-108 .
2934 Section 51. Section 19-6-107 is amended to read:
2935 19-6-107. Director -- Appointment -- Powers.
2936 [The executive secretary shall be appointed by the executive director with the approval
2937 of the board and shall serve under the administrative direction of the executive director. The
2938 executive secretary may:]
2939 (1) The executive director shall appoint the director. The director shall serve under the
2940 administrative direction of the executive director.
2941 (2) The director shall:

2942 (a) carry out inspections pursuant to Section 19-6-109 ;
2943 (b) require submittal of specifications or other information relating to hazardous waste
2944 plans for review, and approve, disapprove, revoke, or review the plans;
2945 [(1)] (c) develop programs for solid waste and hazardous waste management and
2946 control within the state;
2947 [(2)] (d) advise, consult, and cooperate with other agencies of the state, the federal
2948 government, other states and interstate agencies, and with affected groups, political
2949 subdivisions, and industries in furtherance of the purposes of this part;
2950 (e) subject to the provisions of this part, enforce rules made or revised by the board
2951 through the issuance of orders;
2952 (f) review plans, specifications or other data relative to solid waste and hazardous
2953 waste control systems or any part of the systems as provided in this part;
2954 (g) under the direction of the executive director, represent the state in all matters
2955 pertaining to interstate solid waste and hazardous waste management and control including,
2956 under the direction of the board, entering into interstate compacts and other similar agreements;
2957 and
2958 (h) as authorized by the board and subject to the provisions of this part, act as
2959 executive secretary of the board under the direction of the chairman of the board.
2960 (3) The director may:
2961 (a) subject to Subsection 19-6-104 (1)(f), settle or compromise any administrative or
2962 civil action initiated to compel compliance with this part and any rules adopted under this part;
2963 [(3)] (b) employ full-time employees necessary to carry out this part;
2964 [(4)] (c) as authorized by the board pursuant to the provisions of this part, authorize
2965 any employee or representative of the department to conduct inspections as permitted in this
2966 part;
2967 [(5)] (d) encourage, participate in, or conduct studies, investigations, research, and
2968 demonstrations relating to solid waste and hazardous waste management and control necessary