UT
Utah Senate Bill SB0036

Utah 2025 Regular Session

Utah Senate Bill SB0036 Compare Versions

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1-Enrolled Copy S.B. 36
1+02-03 10:37 1st Sub. (Green) S.B. 36
2+Todd Weiler proposes the following substitute bill:
23 1
34 Water Quality Board Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Todd Weiler
7-House Sponsor: Paul A. Cutler
8+House Sponsor:
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill addresses the Utah Water Quality Board.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
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2122 ▸ establishes a process for members of the Utah Water Quality Board to conduct a mediated
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2324 settlement conference between the director and a party in alleged violation of the Utah
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2526 Water Quality Act; and
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2728 ▸ authorizes members of the Utah Water Quality Board to recommend a reasonable penalty
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2930 amount to the director.
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3132 Money Appropriated in this Bill:
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3334 None
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3536 Other Special Clauses:
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3738 None
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3940 Utah Code Sections Affected:
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4142 AMENDS:
4243 19
4344 19-5-104, as last amended by Laws of Utah 2023, Chapter 176
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4546 19-5-106, as last amended by Laws of Utah 2023, Chapter 176
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4748
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4950 Be it enacted by the Legislature of the state of Utah:
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5152 Section 1. Section 19-5-104 is amended to read:
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5354 19-5-104 . Powers and duties of board.
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5556 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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5758 board may make rules that:
5859 27
5960 (a) taking into account Subsection (6):
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61-(i) implement the awarding of construction loans to political subdivisions and S.B. 36 Enrolled Copy
62+(i) implement the awarding of construction loans to political subdivisions and
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6364 municipal authorities under Section 11-8-2, including:
65+1st Sub. S.B. 36 1st Sub. (Green) S.B. 36 02-03 10:37
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6567 (A) requirements pertaining to applications for a loan;
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6769 (B) requirements for determination of an eligible project;
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6971 (C) requirements for determination of the costs upon which a loan is based, which
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7173 costs may include engineering, financial, legal, and administrative expenses
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7375 necessary for the construction, reconstruction, and improvement of a sewage
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7577 treatment plant, including a major interceptor, collection system, or other
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7779 facility appurtenant to the plant;
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7981 (D) a priority schedule for awarding loans, in which the board may consider, in
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8183 addition to water pollution control needs, any financial needs relevant,
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8385 including per capita cost, in making a determination of priority; and
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8587 (E) requirements for determination of the amount of the loan;
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8789 (ii) implement the awarding of loans for nonpoint source projects pursuant to Section
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8991 73-10c-4.5;
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9193 (iii) set effluent limitations and standards subject to Section 19-5-116;
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9395 (iv) implement or effectuate the powers and duties of the board; and
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9597 (v) protect the public health for the design, construction, operation, and maintenance
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9799 of underground wastewater disposal systems, liquid scavenger operations, and
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99101 vault and earthen pit privies;
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101103 (b) govern inspection, monitoring, recordkeeping, and reporting requirements for
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103105 underground injections and require permits for underground injections, to protect
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105107 drinking water sources, except for wells, pits, and ponds covered by Section 40-6-5
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107109 regarding gas and oil, recognizing that underground injection endangers drinking
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109111 water sources if:
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111113 (i) injection may result in the presence of a contaminant in underground water that
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113115 supplies or can reasonably be expected to supply a public water system, as defined
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115117 in Section 19-4-102; and
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117119 (ii) the presence of the contaminant may:
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119121 (A) result in the public water system not complying with any national primary
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121123 drinking water standards; or
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123125 (B) otherwise adversely affect the health of persons;
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125127 (c) govern sewage sludge management, including permitting, inspecting, monitoring,
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127129 recordkeeping, and reporting requirements; and
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129131 (d) notwithstanding Section 19-4-112, govern design and construction of irrigation
130-- 2 - Enrolled Copy S.B. 36
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132133 systems that:
134+- 2 - 02-03 10:37 1st Sub. (Green) S.B. 36
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134136 (i) convey sewage treatment facility effluent of human origin in pipelines under
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136138 pressure, unless contained in surface pipes wholly on private property and for
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138140 agricultural purposes; and
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140142 (ii) are constructed after May 4, 1998.
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142144 (2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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144146 the board shall adopt and enforce rules and establish fees to cover the costs of:
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146148 (i) managing the certification and testing program; and
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148150 (ii) testing for certification of operators of treatment works and sewerage systems
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150152 operated by political subdivisions.
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152154 (b) In establishing certification rules under Subsection (2)(a), the board shall:
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154156 (i) base the requirements for certification on the size, treatment process type, and
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156158 complexity of the treatment works and sewerage systems operated by political
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158160 subdivisions;
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160162 (ii) allow operators until three years after the date of adoption of the rules to obtain
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162164 initial certification;
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164166 (iii) allow a new operator one year from the date the operator is hired by a treatment
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166168 plant or sewerage system or three years after the date of adoption of the rules,
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168170 whichever occurs later, to obtain certification;
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170172 (iv) issue certification upon application and without testing, at a grade level
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172174 comparable to the grade of current certification to operators who are currently
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174176 certified under the voluntary certification plan for wastewater works operators as
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176178 recognized by the board; and
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178180 (v) issue a certification upon application and without testing that is valid only at the
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180182 treatment works or sewerage system where that operator is currently employed if
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182184 the operator:
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184186 (A) is in charge of and responsible for the treatment works or sewerage system on
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186188 March 16, 1991;
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188190 (B) has been employed at least 10 years in the operation of that treatment works or
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190192 sewerage system before March 16, 1991; and
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192194 (C) demonstrates to the board the operator's capability to operate the treatment
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194196 works or sewerage system at which the operator is currently employed by
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196198 providing employment history and references as required by the board.
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198200 (3) The board shall:
199-- 3 - S.B. 36 Enrolled Copy
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201202 (a) develop programs for the prevention, control, and abatement of new or existing
203+- 3 - 1st Sub. (Green) S.B. 36 02-03 10:37
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203205 pollution of the waters of the state;
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205207 (b) adopt, modify, or repeal standards of quality of the waters of the state and classify
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207209 those waters according to their reasonable uses in the interest of the public under
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209211 conditions the board may prescribe for the prevention, control, and abatement of
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211213 pollution;
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213215 (c) give reasonable consideration in the exercise of its powers and duties to the
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215217 economic impact of water pollution control on industry and agriculture;
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217219 (d) meet the requirements of federal law related to water pollution;
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219221 (e) establish and conduct a continuing planning process for control of water pollution,
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221223 including the specification and implementation of maximum daily loads of pollutants;
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223225 (f)(i) review total daily maximum load reports and recommendations for water
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225227 quality end points and implementation strategies developed by the division before
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227229 submission of the report, recommendation, or implementation strategy to the EPA;
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229231 (ii) disapprove, approve, or approve with conditions the staff total daily maximum
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231233 load recommendations; and
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233235 (iii) provide suggestions for further consideration to the Division of Water Quality in
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235237 the event a total daily maximum load strategy is rejected; [and]
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237239 (g) to ensure compliance with applicable statutes and regulations:
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239241 (i) review a settlement negotiated by the director [in accordance with] under
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241243 Subsection 19-5-106(2)(k) that requires a civil penalty of $25,000 or more; and
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243245 (ii) approve or disapprove the settlement described in Subsection (3)(g)(i)[.] ; and
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245247 (h) to ensure a prompt and fair settlement under Subsection 19-5-106(2)(k):
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247249 (i) review an ongoing penalty negotiation between the director and a publicly-owned
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249251 alleged violator of a provision under this chapter if:
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251253 (A) the director's proposed penalty exceeds $25,000;
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253255 (B) the alleged violator requests in writing that the board review the penalty
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255257 negotiation;
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257259 (C) the director and the alleged violator do not dispute the violations alleged by
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259261 the director; and
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261263 (D) the director and the alleged violator are unable to agree on a penalty amount;
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263265 and
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265267 (ii) upon receiving a written request for board review that meets the requirements
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267269 described in Subsection (3)(h)(i):
268-- 4 - Enrolled Copy S.B. 36
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270271 (A) assign no more than four board members to conduct a mediated settlement
272+- 4 - 02-03 10:37 1st Sub. (Green) S.B. 36
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272274 conference with the director and the alleged violator;
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274276 (B) schedule a settlement conference for no sooner than 45 days and no later than
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276278 90 days after the day on which the written request is received;
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278280 (C) recommend a reasonable penalty amount no later than 30 days after the
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280282 settlement conference; and
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282284 (D) inform the alleged violator that the director may commence a civil proceeding
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284286 to assess penalties if necessary to prevent the running of a statute of limitation
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286288 described in Sections 19-1-305 and 78B-2-307.5.
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288290 (4) The board may:
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290292 (a) order the director to issue, modify, or revoke an order:
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292294 (i) prohibiting or abating discharges;
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294296 (ii)(A) requiring the construction of new treatment works or any parts of the new
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296298 treatment works;
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298300 (B) requiring the modification, extension, or alteration of existing treatment works
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300302 as specified by board rule or any parts of existing treatment works; or
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302304 (C) the adoption of other remedial measures to prevent, control, or abate pollution;
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304306 (iii) setting standards of water quality, classifying waters or evidencing any other
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306308 determination by the board under this chapter; or
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308310 (iv) requiring compliance with this chapter and with rules made under this chapter;
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310312 (b) advise, consult, and cooperate with another agency of the state, the federal
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312314 government, another state, an interstate agency, an affected group, an affected
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314316 political subdivision, or affected industry to further the purposes of this chapter; or
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316318 (c) delegate the authority to issue an operating permit to a local health department.
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318320 (5) In performing the duties listed in Subsections (1) through (4), the board shall give
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320322 priority to pollution that results in a hazard to the public health.
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322324 (6) The board shall take into consideration the availability of federal grants:
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324326 (a) in determining eligible project costs; and
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326328 (b) in establishing priorities pursuant to Subsection (1)(a)(i).
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328330 (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
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330332 following that are subject to the authority granted to the director under Section 19-5-106:
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332334 (a) a permit;
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334336 (b) a license;
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336338 (c) a registration;
337-- 5 - S.B. 36 Enrolled Copy
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339340 (d) a certification; or
341+- 5 - 1st Sub. (Green) S.B. 36 02-03 10:37
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341343 (e) another administrative authorization made by the director.
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343345 (8) A board member may not speak or act for the board unless the board member is
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345347 authorized by a majority of a quorum of the board in a vote taken at a meeting of the
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347349 board.
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349351 Section 2. Section 19-5-106 is amended to read:
350352 171
351353 19-5-106 . Director -- Appointment -- Duties.
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353355 (1) The executive director shall appoint the director. The director shall serve under the
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355357 administrative direction of the executive director.
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357359 (2) The director shall:
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359361 (a) develop programs for the prevention, control, and abatement of new or existing
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361363 pollution of the waters of the state;
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363365 (b) advise, consult, and cooperate with other agencies of the state, the federal
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365367 government, other states and interstate agencies, and with affected groups, political
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367369 subdivisions, and industries in furtherance of the purposes of this chapter;
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369371 (c) develop programs for the management of sewage sludge;
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371373 (d) subject to the provisions of this chapter, enforce rules made by the board through the
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373375 issuance of orders, which orders may include:
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375377 (i) prohibiting or abating discharges of wastes into the waters of the state;
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377379 (ii) requiring the construction of new control facilities or any parts of them or the
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379381 modification, extension, or alteration of existing control facilities or any parts of
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381383 them, or the adoption of other remedial measures to prevent, control, or abate
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383385 water pollution; or
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385387 (iii) prohibiting any other violation of this chapter or rules made under this chapter;
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387389 (e) review plans, specifications, or other data relative to pollution control systems or any
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389391 part of the systems provided for in this chapter;
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391393 (f) issue construction or operating permits for the installation or modification of
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393395 treatment works or any parts of the treatment works;
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395397 (g) after public notice and opportunity for public hearing, issue, continue in effect,
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397399 renew, revoke, modify, or deny discharge permits under reasonable conditions the
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399401 board may prescribe to:
400402 196
401403 (i) control the management of sewage sludge; or
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403405 (ii) prevent or control the discharge of pollutants, including effluent limitations for
404406 198
405407 the discharge of wastes into the waters of the state;
406-- 6 - Enrolled Copy S.B. 36
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408409 (h) meet the requirements of federal law related to water pollution;
410+- 6 - 02-03 10:37 1st Sub. (Green) S.B. 36
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410412 (i) under the direction of the executive director, represent the state in all matters
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412414 pertaining to water pollution, including interstate compacts and other similar
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414416 agreements;
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416418 (j) collect and disseminate information relating to water pollution and the prevention,
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418420 control, and abatement of water pollution;
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420422 (k) subject to [Subsection] Subsections 19-5-104(3)(g) and (h), settle or compromise any
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422424 civil action initiated by the division to compel compliance with this chapter or the
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424426 rules made under this chapter; and
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426428 (l)(i) approve, approve in part, approve with conditions, or deny, in writing, an
427429 209
428430 application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
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430432 (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater
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432434 Reuse Act.
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434436 (3) The director may:
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436438 (a) employ full-time employees as necessary to carry out the provisions of this chapter;
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438440 (b) subject to the provisions of this chapter, authorize any employee or representative of
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440442 the department to enter, at reasonable times and upon reasonable notice, in or upon
441443 216
442444 public or private property for the purposes of inspecting and investigating conditions
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444446 and plant records concerning possible water pollution;
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446448 (c) encourage, participate in, or conduct studies, investigations, research, and
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448450 demonstrations relating to water pollution and causes of water pollution as necessary
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450452 for the discharge of duties assigned under this chapter, including the establishment of
451453 221
452454 inventories of pollution sources;
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454456 (d) collect and disseminate information relating to water pollution and the prevention,
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456458 control, and abatement of water pollution;
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458460 (e) subject to the provisions of this chapter, exercise all incidental powers necessary to
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460462 carry out the purposes of this chapter, including certification to any state or federal
461463 226
462464 authorities for tax purposes only if the construction, installation, or acquisition of any
463465 227
464466 facility, land, building, machinery, equipment, or any part of them conforms with this
465467 228
466468 chapter;
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468470 (f) cooperate with any person in studies and research regarding water pollution and its
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470472 control, abatement, and prevention;
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472474 (g) encourage, participate in, or conduct studies, investigations, research, and
473475 232
474476 demonstrations relating to water pollution and causes of water pollution; or
475-- 7 - S.B. 36 Enrolled Copy
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477478 (h) as authorized by the board and subject to the provisions of this chapter, act as
479+- 7 - 1st Sub. (Green) S.B. 36 02-03 10:37
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479481 executive secretary of the board under the direction of the chairman of the board.
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481483 Section 3. Effective Date.
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483485 This bill takes effect on May 7, 2025.
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