02-03 10:37 1st Sub. (Green) S.B. 36
Todd Weiler proposes the following substitute bill:
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Water Quality Board Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses the Utah Water Quality Board.
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Highlighted Provisions:
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This bill:
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▸ establishes a process for members of the Utah Water Quality Board to conduct a mediated
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settlement conference between the director and a party in alleged violation of the Utah
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Water Quality Act; and
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▸ authorizes members of the Utah Water Quality Board to recommend a reasonable penalty
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amount to the director.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-5-104, as last amended by Laws of Utah 2023, Chapter 176
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19-5-106, as last amended by Laws of Utah 2023, Chapter 176
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 19-5-104 is amended to read:
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19-5-104 . Powers and duties of board.
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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board may make rules that:
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(a) taking into account Subsection (6):
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(i) implement the awarding of construction loans to political subdivisions and
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municipal authorities under Section 11-8-2, including:
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(A) requirements pertaining to applications for a loan;
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(B) requirements for determination of an eligible project;
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(C) requirements for determination of the costs upon which a loan is based, which
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costs may include engineering, financial, legal, and administrative expenses
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necessary for the construction, reconstruction, and improvement of a sewage
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treatment plant, including a major interceptor, collection system, or other
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facility appurtenant to the plant;
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(D) a priority schedule for awarding loans, in which the board may consider, in
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addition to water pollution control needs, any financial needs relevant,
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including per capita cost, in making a determination of priority; and
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(E) requirements for determination of the amount of the loan;
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(ii) implement the awarding of loans for nonpoint source projects pursuant to Section
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73-10c-4.5;
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(iii) set effluent limitations and standards subject to Section 19-5-116;
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(iv) implement or effectuate the powers and duties of the board; and
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(v) protect the public health for the design, construction, operation, and maintenance
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of underground wastewater disposal systems, liquid scavenger operations, and
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vault and earthen pit privies;
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(b) govern inspection, monitoring, recordkeeping, and reporting requirements for
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underground injections and require permits for underground injections, to protect
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drinking water sources, except for wells, pits, and ponds covered by Section 40-6-5
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regarding gas and oil, recognizing that underground injection endangers drinking
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water sources if:
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(i) injection may result in the presence of a contaminant in underground water that
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supplies or can reasonably be expected to supply a public water system, as defined
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in Section 19-4-102; and
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(ii) the presence of the contaminant may:
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(A) result in the public water system not complying with any national primary
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drinking water standards; or
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(B) otherwise adversely affect the health of persons;
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(c) govern sewage sludge management, including permitting, inspecting, monitoring,
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recordkeeping, and reporting requirements; and
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(d) notwithstanding Section 19-4-112, govern design and construction of irrigation
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systems that:
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(i) convey sewage treatment facility effluent of human origin in pipelines under
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pressure, unless contained in surface pipes wholly on private property and for
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agricultural purposes; and
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(ii) are constructed after May 4, 1998.
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(2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the board shall adopt and enforce rules and establish fees to cover the costs of:
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(i) managing the certification and testing program; and
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(ii) testing for certification of operators of treatment works and sewerage systems
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operated by political subdivisions.
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(b) In establishing certification rules under Subsection (2)(a), the board shall:
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(i) base the requirements for certification on the size, treatment process type, and
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complexity of the treatment works and sewerage systems operated by political
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subdivisions;
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(ii) allow operators until three years after the date of adoption of the rules to obtain
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initial certification;
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(iii) allow a new operator one year from the date the operator is hired by a treatment
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plant or sewerage system or three years after the date of adoption of the rules,
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whichever occurs later, to obtain certification;
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(iv) issue certification upon application and without testing, at a grade level
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comparable to the grade of current certification to operators who are currently
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certified under the voluntary certification plan for wastewater works operators as
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recognized by the board; and
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(v) issue a certification upon application and without testing that is valid only at the
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treatment works or sewerage system where that operator is currently employed if
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the operator:
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(A) is in charge of and responsible for the treatment works or sewerage system on
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March 16, 1991;
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(B) has been employed at least 10 years in the operation of that treatment works or
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sewerage system before March 16, 1991; and
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(C) demonstrates to the board the operator's capability to operate the treatment
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works or sewerage system at which the operator is currently employed by
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providing employment history and references as required by the board.
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(3) The board shall:
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(a) develop programs for the prevention, control, and abatement of new or existing
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pollution of the waters of the state;
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(b) adopt, modify, or repeal standards of quality of the waters of the state and classify
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those waters according to their reasonable uses in the interest of the public under
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conditions the board may prescribe for the prevention, control, and abatement of
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pollution;
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(c) give reasonable consideration in the exercise of its powers and duties to the
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economic impact of water pollution control on industry and agriculture;
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(d) meet the requirements of federal law related to water pollution;
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(e) establish and conduct a continuing planning process for control of water pollution,
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including the specification and implementation of maximum daily loads of pollutants;
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(f)(i) review total daily maximum load reports and recommendations for water
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quality end points and implementation strategies developed by the division before
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submission of the report, recommendation, or implementation strategy to the EPA;
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(ii) disapprove, approve, or approve with conditions the staff total daily maximum
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load recommendations; and
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(iii) provide suggestions for further consideration to the Division of Water Quality in
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the event a total daily maximum load strategy is rejected; [and]
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(g) to ensure compliance with applicable statutes and regulations:
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(i) review a settlement negotiated by the director [in accordance with] under
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Subsection 19-5-106(2)(k) that requires a civil penalty of $25,000 or more; and
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(ii) approve or disapprove the settlement described in Subsection (3)(g)(i)[.] ; and
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(h) to ensure a prompt and fair settlement under Subsection 19-5-106(2)(k):
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(i) review an ongoing penalty negotiation between the director and a publicly-owned
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alleged violator of a provision under this chapter if:
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(A) the director's proposed penalty exceeds $25,000;
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(B) the alleged violator requests in writing that the board review the penalty
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negotiation;
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(C) the director and the alleged violator do not dispute the violations alleged by
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the director; and
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(D) the director and the alleged violator are unable to agree on a penalty amount;
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and
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(ii) upon receiving a written request for board review that meets the requirements
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described in Subsection (3)(h)(i):
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(A) assign no more than four board members to conduct a mediated settlement
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conference with the director and the alleged violator;
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(B) schedule a settlement conference for no sooner than 45 days and no later than
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90 days after the day on which the written request is received;
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(C) recommend a reasonable penalty amount no later than 30 days after the
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settlement conference; and
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(D) inform the alleged violator that the director may commence a civil proceeding
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to assess penalties if necessary to prevent the running of a statute of limitation
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described in Sections 19-1-305 and 78B-2-307.5.
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(4) The board may:
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(a) order the director to issue, modify, or revoke an order:
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(i) prohibiting or abating discharges;
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(ii)(A) requiring the construction of new treatment works or any parts of the new
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treatment works;
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(B) requiring the modification, extension, or alteration of existing treatment works
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as specified by board rule or any parts of existing treatment works; or
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(C) the adoption of other remedial measures to prevent, control, or abate pollution;
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(iii) setting standards of water quality, classifying waters or evidencing any other
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determination by the board under this chapter; or
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(iv) requiring compliance with this chapter and with rules made under this chapter;
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(b) advise, consult, and cooperate with another agency of the state, the federal
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government, another state, an interstate agency, an affected group, an affected
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political subdivision, or affected industry to further the purposes of this chapter; or
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(c) delegate the authority to issue an operating permit to a local health department.
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(5) In performing the duties listed in Subsections (1) through (4), the board shall give
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priority to pollution that results in a hazard to the public health.
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(6) The board shall take into consideration the availability of federal grants:
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(a) in determining eligible project costs; and
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(b) in establishing priorities pursuant to Subsection (1)(a)(i).
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(7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
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following that are subject to the authority granted to the director under Section 19-5-106:
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(a) a permit;
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(b) a license;
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(c) a registration;
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(d) a certification; or
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(e) another administrative authorization made by the director.
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(8) A board member may not speak or act for the board unless the board member is
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authorized by a majority of a quorum of the board in a vote taken at a meeting of the
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board.
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Section 2. Section 19-5-106 is amended to read:
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19-5-106 . Director -- Appointment -- Duties.
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(1) The executive director shall appoint the director. The director shall serve under the
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administrative direction of the executive director.
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(2) The director shall:
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(a) develop programs for the prevention, control, and abatement of new or existing
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pollution of the waters of the state;
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(b) advise, consult, and cooperate with other agencies of the state, the federal
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government, other states and interstate agencies, and with affected groups, political
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subdivisions, and industries in furtherance of the purposes of this chapter;
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(c) develop programs for the management of sewage sludge;
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(d) subject to the provisions of this chapter, enforce rules made by the board through the
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issuance of orders, which orders may include:
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(i) prohibiting or abating discharges of wastes into the waters of the state;
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(ii) requiring the construction of new control facilities or any parts of them or the
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modification, extension, or alteration of existing control facilities or any parts of
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them, or the adoption of other remedial measures to prevent, control, or abate
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water pollution; or
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(iii) prohibiting any other violation of this chapter or rules made under this chapter;
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(e) review plans, specifications, or other data relative to pollution control systems or any
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part of the systems provided for in this chapter;
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(f) issue construction or operating permits for the installation or modification of
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treatment works or any parts of the treatment works;
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(g) after public notice and opportunity for public hearing, issue, continue in effect,
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renew, revoke, modify, or deny discharge permits under reasonable conditions the
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board may prescribe to:
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(i) control the management of sewage sludge; or
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(ii) prevent or control the discharge of pollutants, including effluent limitations for
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the discharge of wastes into the waters of the state;
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(h) meet the requirements of federal law related to water pollution;
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(i) under the direction of the executive director, represent the state in all matters
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pertaining to water pollution, including interstate compacts and other similar
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agreements;
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(j) collect and disseminate information relating to water pollution and the prevention,
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control, and abatement of water pollution;
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(k) subject to [Subsection] Subsections 19-5-104(3)(g) and (h), settle or compromise any
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civil action initiated by the division to compel compliance with this chapter or the
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rules made under this chapter; and
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(l)(i) approve, approve in part, approve with conditions, or deny, in writing, an
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application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
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(ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
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Reuse Act.
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(3) The director may:
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(a) employ full-time employees as necessary to carry out the provisions of this chapter;
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(b) subject to the provisions of this chapter, authorize any employee or representative of
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the department to enter, at reasonable times and upon reasonable notice, in or upon
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public or private property for the purposes of inspecting and investigating conditions
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and plant records concerning possible water pollution;
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(c) encourage, participate in, or conduct studies, investigations, research, and
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demonstrations relating to water pollution and causes of water pollution as necessary
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for the discharge of duties assigned under this chapter, including the establishment of
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inventories of pollution sources;
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(d) collect and disseminate information relating to water pollution and the prevention,
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control, and abatement of water pollution;
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(e) subject to the provisions of this chapter, exercise all incidental powers necessary to
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carry out the purposes of this chapter, including certification to any state or federal
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authorities for tax purposes only if the construction, installation, or acquisition of any
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facility, land, building, machinery, equipment, or any part of them conforms with this
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chapter;
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(f) cooperate with any person in studies and research regarding water pollution and its
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control, abatement, and prevention;
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(g) encourage, participate in, or conduct studies, investigations, research, and
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demonstrations relating to water pollution and causes of water pollution; or
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(h) as authorized by the board and subject to the provisions of this chapter, act as
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executive secretary of the board under the direction of the chairman of the board.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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