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7 LONG TITLE
8 General Description:
9 This bill modifies the Water Quality Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ states that an inadvertent release of water from a publicly owned culinary water
13 system is not considered to be a discharge of a pollutant, under the Water Quality
14 Act, unless:
15 • the release is caused by misconduct;
16 • the release is the primary cause of pollution of waters of the state; and
17 • the water that is released is in violation of numeric water quality standards; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 19-5-107, as last amended by Laws of Utah 2012, Chapter 360
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 19-5-107 is amended to read:
29 19-5-107. Discharge of pollutants unlawful -- Discharge permit required.
30 (1) (a) Except as provided in this chapter or rules made under it, it is unlawful for any
31 person to discharge a pollutant into waters of the state or to cause pollution which constitutes a
32 menace to public health and welfare, or is harmful to wildlife, fish or aquatic life, or impairs
33 domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or
34 cause to be placed any wastes in a location where there is probable cause to believe it will
35 cause pollution.
36 (b) For purposes of injunctive relief, any violation of this subsection is a public
37 nuisance.
38 (c) An inadvertent release of water from a publicly owned culinary water system is not
39 considered to be a discharge of a pollutant under this chapter, unless:
40 (i) the release is caused by misconduct;
41 (ii) the release is the primary cause of pollution of waters of the state; and
42 (iii) the water that is released is in violation of numeric water quality standards.
43 (2) (a) A person may not generate, store, treat, process, use, transport, dispose, or
44 otherwise manage sewage sludge, except in compliance with this chapter and rules made under
45 it.
46 (b) For purposes of injunctive relief, any violation of this subsection is a public
47 nuisance.
48 (3) It is unlawful for any person, without first securing a permit from the director, to:
49 (a) make any discharge or manage sewage sludge not authorized under an existing
50 valid discharge permit; or
51 (b) construct, install, modify, or operate any treatment works or part of any treatment
52 works or any extension or addition to any treatment works, or construct, install, or operate any
53 establishment or extension or modification of or addition to any treatment works, the operation
54 of which would probably result in a discharge.
Legislative Review Note
Office of Legislative Research and General Counsel