reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 312 - Enforcement -- Penalties.

19-3-312.
Enforcement -- Penalties.
(1) When the department or the governor has probable cause to believe a person is violating or is about to violate any provision of this part, the department or the governor shall direct the state attorney general to apply to the appropriate court for an order enjoining the person from engaging in or continuing to engage in the activity.
(2) In addition to being subject to injunctive relief, any person who violates any provision of this part is subject to a civil penalty of up to $10,000 per day for each violation.
(3) Any person who knowingly violates a provision of this part is guilty of a class A misdemeanor and subject to a fine of up to $10,000 per day.
(4) Any person or organization acting to facilitate a violation of any provision of this part regarding the regulation of greater than class C radioactive waste or high-level nuclear waste is subject to a civil penalty of up to $10,000 per day for each violation, in addition to being subject to injunctive relief.
(5) Any person or organization who knowingly acts to facilitate a violation of this part regarding the regulation of high-level nuclear waste or greater than class C radioactive waste is guilty of a class A misdemeanor and is subject to a fine of up to $10,000 per day.
(6)
(a) This section does not impose a civil or criminal penalty on any Utah-based nonprofit trade association due to the membership in the organization of a member that is engaging in, or attempting to engage in, the placement of high-level nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility within the state.
(b) Subsection (6)(a) does not apply to a nonprofit trade association if that association takes any affirmative action to promote or assist any individual or organization in efforts to conduct any activity prohibited by this part.
(c) A member of any Utah-based nonprofit trade association is not exempt from any civil or criminal liability or penalty due to membership in the association.
Amended by Chapter 107, 2001 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 313 - Reciprocity.

19-3-313.
Reciprocity.
Waste may not be transported into and transferred, stored, decayed in storage, treated, or disposed of in the state if the state of origin of the waste or the state in which the waste was generated prohibits or limits similar actions within its own boundaries.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 315 - Transportation requirements.

19-3-315.
Transportation requirements.
(1) A person may not transport wastes in the state, including on highways, roads, rail, by air, or otherwise, without:
(a) having received approval from the state Department of Transportation; and
(b) having demonstrated compliance with rules of the state Department of Transportation.
(2) The Department of Transportation may:
(a) make rules requiring a transport and route approval permit, weight restrictions, tracking systems, and state escort; and
(b) assess appropriate fees as established under Section 63J-1-504 for each shipment of waste, consistent with the requirements and limitations of federal law.
(3) The Department of Environmental Quality shall establish any other transportation rules as necessary to protect the public health, safety, and environment.
(4) Unless expressly authorized by the governor, with the concurrence of the Legislature, an easement or other interest in property may not be granted upon any lands within the state for a right of way for any carrier transportation system that:
(a) is not a class I common or contract rail carrier organized and doing business prior to January 1, 1999; and
(b) transports high level nuclear waste or greater than class C radioactive waste to a storage facility within the state.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 316 - Cost recovery.

19-3-316.
Cost recovery.
The owner or transporter or any person in possession of waste is liable, consistent with the provisions of federal law, for any expense, damages, or injury incurred by the state, its political subdivisions, or any person as a result of a release of the waste.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 317 - Severability.

19-3-317.
Severability.
If any provision of this part is held to be invalid, unconstitutional, or otherwise held to be inconsistent with law, the remainder of this part is not affected and remains in full force.
Enacted by Chapter 348, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 3 - Placement of High Level Nuclear Waste › Section 320 - Efforts to prevent siting of any nuclear waste facility to include economic development study regarding Native American reservation lands within the state.

Effective 5/5/2021
19-3-320.
Efforts to prevent siting of any nuclear waste facility to include economic development study regarding Native American reservation lands within the state.
(1) It is the intent of the Legislature that the department, in its efforts to prevent the siting of a nuclear waste facility within the exterior borders of the state, include in its work the study under Subsection (2) and the report under Subsection (3).
(2) It is the intent of the Legislature that the Department of Environmental Quality, in coordination with the office of the governor, and in cooperation with the Departments of Cultural and Community Engagement, Human Services, Health, Workforce Services, Agriculture and Food, Natural Resources, and Transportation, the State Board of Education, and the Utah Board of Higher Education:
(a) study the needs and requirements for economic development on the Native American reservations within the state; and
(b) prepare, on or before November 30, 2001, a long-term strategic plan for economic development on the reservations.
(3) It is the intent of the Legislature that this plan, prepared under Subsection (2)(b), shall be distributed to the governor and the members of the Legislature on or before December 31, 2001.
Amended by Chapter 184, 2021 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 102 - Definitions.

Affected by 63I-1-219 on 7/1/2024
Effective 7/21/2018
19-4-102.
Definitions.
As used in this chapter:
(1) "Board" means the Drinking Water Board appointed under Section 19-4-103.
(2) "Community water system" means a public water system that serves residents year-round.
(3) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water.
(4) "Director" means the director of the Division of Drinking Water.
(5) "Division" means the Division of Drinking Water, created in Subsection 19-1-105(1)(b).
(6)
(a) "Groundwater source" means an underground opening from or through which groundwater flows or is pumped from a subsurface water-bearing formation.
(b) "Groundwater source" includes:
(i) a well;
(ii) a spring;
(iii) a tunnel; or
(iv) an adit.
(7) "Maximum contaminant level" means the maximum permissible level of a contaminant in water that is delivered to a user of a public water system.
(8)
(a) "Public water system" means a system providing water for human consumption and other domestic uses that:
(i) has at least 15 service connections; or
(ii) serves an average of 25 individuals daily for at least 60 days of the year.
(b) "Public water system" includes:
(i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and
(ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control.
(9) "Retail water supplier" means a person that:
(a) supplies water for human consumption and other domestic uses to an end user; and
(b) has more than 500 service connections.
(10) "Supplier" means a person who owns or operates a public water system.
(11) "Wholesale water supplier" means a person that provides most of that person's water to a retail water supplier.
Repealed and Re-enacted by Chapter 5, 2018 Special Session 2
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 105 - Rulemaking authority and procedure.

Affected by 63I-1-219 on 7/1/2024
19-4-105.
Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing, and based on evidence in the record, that the corresponding federal regulation is not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the board's conclusion.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 107 - Notice of violation -- Action by attorney general.

Affected by 63I-1-219 on 7/1/2024
Effective 5/12/2020
19-4-107.
Notice of violation -- Action by attorney general.
(1) Upon discovery of any violation of this chapter or a rule of the board, the director shall promptly notify the supplier of the violation, state the nature of the violation, and issue an order requiring correction of that violation or the filing of a request for variance or exemption by a specific date.
(2) The attorney general shall, upon request of the director, commence an action for an injunction or other relief relative to the order.
Amended by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 108 - Supplier -- Variance or exemption -- Failure to comply -- Violation of chapter -- Public notice.

Affected by 63I-1-219 on 7/1/2024
19-4-108.
Supplier -- Variance or exemption -- Failure to comply -- Violation of chapter -- Public notice.
When a supplier has a variance or exemption granted, has failed to comply with the terms of a variance or exemption, or has been finally determined to have committed a violation of this chapter, the supplier shall provide public notice of that fact as provided by the rules of the board.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 110 - Local jurisdiction over water supply systems.

Affected by 63I-1-219 on 7/1/2024
19-4-110.
Local jurisdiction over water supply systems.
Nothing in this chapter alters the authority of local jurisdictions to control water supply systems within the local jurisdiction provided that any local laws, ordinances, or rules and regulations are not inconsistent with this chapter and rules made under authority of this chapter.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 111.1 - Provision of fluoridated water -- Request of resident.

Affected by 63I-1-219 on 7/1/2024
19-4-111.1.
Provision of fluoridated water -- Request of resident.
A public water system in a county of the first or second class whose entire water inventory is fluoridated may supply water to a residence or business in a municipality that is located in two counties, one that has approved fluoridation and one that has not approved fluoridation in accordance with Section 19-4-111 if:
(1) the owner requests that the public water system supply water to the residence or business;
(2) no reasonable alternative water supply exists; and
(3) the owner's request can be fulfilled without affecting other residences or businesses in the municipality or county that has not approved fluoridation.
Amended by Chapter 321, 2013 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 111.2 - Provision of fluoridated water -- Emergency circumstances.

Affected by 63I-1-219 on 7/1/2024
19-4-111.2.
Provision of fluoridated water -- Emergency circumstances.
(1) A public water system that is simultaneously supplying water to a municipality or county that approved fluoridation in accordance with Section 19-4-111 and a municipality or county that has not approved fluoridation may provide water from its fluoridated inventory to a municipality or county that has not approved fluoridation if:
(a) as a result of a short-term emergency, the only water available is from the public water system's fluoridated inventory;
(b) the public water system ceases providing fluoridated water to the municipality or county that has not approved fluoridation in accordance with Section 19-4-111 in a time consistent with repair times following best industrial practice; and
(c) where feasible, provide prompt notice to the affected area.
(2)
(a) A resident of an affected area that does not wish to receive fluoridated water during an emergency may contact the public water system to have delivery of fluoridated water to their residence or business terminated.
(b) The resident shall determine when to resume delivery of water and shall contact the public water system to have delivery of water resumed.
Amended by Chapter 321, 2013 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 4 - Safe Drinking Water Act › Section 112 - Limit on authority of department and board to control irrigation facilities -- Precautions relating to nonpotable water systems.

Affected by 63I-1-219 on 7/1/2024
19-4-112.
Limit on authority of department and board to control irrigation facilities -- Precautions relating to nonpotable water systems.
(1) Except as provided in this section and in Section 19-5-104, nothing contained in this chapter authorizes the department or board to:
(a) exercise administrative control over water used solely for irrigation purposes, whether conveyed in pipes, ditches, canals, or by other facilities; or
(b) adopt rules relating to the construction, operation, and maintenance of facilities for conveying irrigation water to the place of use.
(2) Where nonpotable water is conveyed in pipelines under pressure in areas served by a potable water system, the following precautions shall be observed:
(a) a distinctive coloring or other marking on all exposed portions of the nonpotable system shall be used;
(b) potable and nonpotable water system service lines and extensions shall be completely separated and shall be installed in separate trenches;
(c) all hydrants and sprinkling system control valves shall be operated by a removable key so that it is not possible to turn on the hydrant or valve without a key;
(d) there shall be no cross connection between the potable and nonpotable water systems;
(e) the nonpotable system may not be extended into any building except greenhouses or other buildings for plant and animal production; and
(f) no connection in the nonpotable water system shall be made except by the persons responsible for its management.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 105 - Rulemaking authority and procedure.

Affected by 63I-1-219 on 7/1/2029
19-5-105.
Rulemaking authority and procedure.
(1) Except as provided in Subsections (2) and (3), no rule that the board makes for the purpose of the state administering a program under the federal Clean Water Act or the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making rules, the board may incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the board's conclusion.
(3) The board may make rules related to agriculture water more stringent than the corresponding federal regulations if the commission approves.
Amended by Chapter 155, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 105.5 - Agriculture water.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2020
19-5-105.5.
Agriculture water.
(1)
(a) The board shall draft any rules relating to agriculture water in cooperation with the commission.
(b) The commission shall advise the board before the board may adopt a rule relating to agriculture water.
(2) A program or rule adopted by the board for agriculture production or irrigation water shall:
(a) be consistent with the federal Clean Water Act; and
(b) if possible, be developed in a voluntary cooperative program with the agriculture producer associations and the commission.
(3)
(a) The board's authority to regulate a discharge is subject to Subsection (3)(b) relating to an agriculture discharge.
(b)
(i) A person responsible for an agriculture discharge shall mitigate the resulting damage in a reasonable manner, as approved by the director after consulting with the commission chair.
(ii) A penalty imposed on an agriculture discharge shall be consistent with the penalty policy described in Section 19-5-115 and associated rules, as determined by the director in consultation with the commission chair.
(iii) An agriculture producer may not be held liable for an agriculture discharge resulting from a large weather event if the agriculture producer has taken reasonable measures, as the board defines by rule, to prevent an agriculture discharge.
Amended by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 105.6 - Agriculture Certificate of Environmental Stewardship.

Affected by 63I-1-219 on 7/1/2029
Effective 5/13/2014
19-5-105.6.
Agriculture Certificate of Environmental Stewardship.
(1) As used in this section:
(a) "Agriculture operation" means a farm, ranch, or animal feeding operation.
(b) "Approved agriculture environmental stewardship program" means a program:
(i) created under Section 4-18-107;
(ii) that is approved by the board; and
(iii) that includes practices and other requirements sufficient to prevent violations of the Utah Pollutant Discharge Elimination System program, statute, or rules.
(c) "Certified agriculture operation" means an agriculture operation that has current certification under an approved agriculture certificate of environmental stewardship program and that is in compliance with the requirements of that certification.
(2)
(a) The division may not require a certified agriculture operation to implement additional or different practices to control nonpoint source discharges for the purpose of meeting total maximum daily load requirements.
(b) If the division implements additional or different best management practices to control nonpoint source discharges, those best management practices shall be effective on a certified agriculture operation upon the expiration of the operation's certificate, as described in Subsection 4-18-107(4).
(3) Notwithstanding Subsection (2), a certified agriculture operation may be required to undertake projects or additional best management practices for the purpose of meeting the total maximum daily load requirements under the following conditions:
(a) the certified agriculture operation has nonpoint source discharges to surface waters in an impaired watershed that is covered by an approved total maximum daily load;
(b) the board, in consultation with the Conservation Commission, has determined that the best management practice or project is necessary to restore water quality in the affected watershed; and
(c) the project or best management practice is funded:
(i) at least 75% by the state, federal government sources, or private sources other than the certified agriculture operation; or
(ii) at least 90% by the state, federal government sources, or private sources other than the certified agriculture operation if the director, commissioner of the Department of Agriculture and Food, and director of the Utah State University Extension service, or their designees, determine by majority vote that the requirements of Subsection (3)(b) pose a serious financial hardship to the certified agriculture operation.
(4) The division shall consider an agriculture operation's compliance with certification under an approved agriculture environmental stewardship program as a mitigating factor for any penalty purposes.
Enacted by Chapter 383, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 107 - Discharge of pollutants unlawful -- Discharge permit required.

Affected by 63I-1-219 on 7/1/2029
Effective 5/8/2018
19-5-107.
Discharge of pollutants unlawful -- Discharge permit required.
(1)
(a) Except as provided in this chapter or rules made under it, it is unlawful for any person to discharge a pollutant into waters of the state or to cause pollution which constitutes a menace to public health and welfare, or is harmful to wildlife, fish, or aquatic life, or impairs domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or cause to be placed any waste in a location where there is probable cause to believe it will cause pollution.
(b) For purposes of injunctive relief, any violation of this subsection is a public nuisance.
(2)
(a) A person may not generate, store, treat, process, use, transport, dispose, or otherwise manage sewage sludge, except in compliance with this chapter and rules made under it.
(b) For purposes of injunctive relief, any violation of this subsection is a public nuisance.
(3) It is unlawful for any person, without first securing a permit from the director, to:
(a) make any discharge or manage sewage sludge not authorized under an existing valid discharge permit; or
(b) construct, install, modify, or operate any treatment works or part of any treatment works or any extension or addition to any treatment works, or construct, install, or operate any establishment or extension or modification of or addition to any treatment works, the operation of which would probably result in a discharge.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 108 - Discharge permits -- Requirements and procedure for issuance.

Affected by 63I-1-219 on 7/1/2029
Effective 7/1/2020
19-5-108.
Discharge permits -- Requirements and procedure for issuance.
(1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for and require the submission of plans, specifications, and other information to the director in connection with the issuance of discharge permits.
(2) A discharge permit shall have a fixed term not exceeding five years. Upon expiration of a discharge permit, a new permit, the permit may be renewed or may be issued by the director as authorized by the board after notice and an opportunity for public hearing and upon condition that the applicant meets or will meet the applicable requirements of this chapter, including the conditions of a permit granted by the board.
(3) The board may require notice to the director of the introduction of pollutants into publicly-owned treatment works and identification to the director of the character and volume of any pollutant of any significant source subject to pretreatment standards under Subsection 307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance with pretreatment standards.
(4) The director may impose as conditions in permits for the discharge of pollutants from publicly-owned treatment works appropriate measures to establish and ensure compliance by industrial users with any system of user charges required under this chapter or the rules adopted under this chapter.
(5) The director may apply and enforce against industrial users of publicly-owned treatment works, toxic effluent standards and pretreatment standards for the introduction into the treatment works of pollutants that interfere with, pass through, or otherwise are incompatible with the treatment works.
(6) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for the permitting of storm water discharges into waters of the state.
(7) The director shall administer storm water permits to be consistent with rules established by the board.
Amended by Chapter 99, 2020 General Session
Amended by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 109 - Grounds for revocation, modification, or suspension of discharge permit.

Affected by 63I-1-219 on 7/1/2029
19-5-109.
Grounds for revocation, modification, or suspension of discharge permit.
(1) Any permit issued under this chapter may be revoked, modified, or suspended in whole or in part for cause including:
(a) violation of any condition of the permit;
(b) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
(c) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
(2) For purposes of Subsection (1)(c), "condition" does not include statutory or regulatory effluent limitations enacted or adopted during the permit term, other than for toxic pollutants.
Amended by Chapter 114, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 110 - Designation by governor of areas with quality control problems -- Classification of waters -- Adoption of standards of quality.

Affected by 63I-1-219 on 7/1/2029
19-5-110.
Designation by governor of areas with quality control problems -- Classification of waters -- Adoption of standards of quality.
(1) The governor may identify and designate by boundary, or make a determination not to designate, areas within the state which, as a result of urban-industrial concentration or other factors, have substantial water quality control problems, and designate planning agencies and waste treatment management agencies for these areas.
(2) The board may group the waters of the state into classes according to their present most reasonable uses, and after public hearing, upgrade and reclassify from time to time the waters of the state to the extent that it is practical and in the public interest.
(3)
(a) The board may establish standards of quality for each classification consistent with most reasonable present and future uses of the waters, and the standards may be modified or changed from time to time.
(b) Prior to classifying waters, setting quality standards or modifying or repealing them the board shall conduct public hearings for the consideration, adoption, or amendment of the classifications of waters and standards of purity and quality.
(c) The notice shall specify the waters concerning which a classification is sought to be made for which standards are sought to be adopted and the time, date, and place of the hearing.
(d) The notice shall be:
(i) published:
(A) at least twice in a newspaper of general circulation in the area affected; and
(B) as required in Section 45-1-101; and
(ii) mailed at least 30 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the board has reason to believe will be affected by the classification and the setting of standards.
(4)
(a) The adoption of standards of quality for the waters of the state and classification of the waters or any modification or change in classification shall be effectuated by an order of the board which shall be published:
(i) in a newspaper of general circulation in the area affected; and
(ii) as required in Section 45-1-101.
(b) In classifying waters and setting standards of water quality, adopting rules, or making any modification or change in classification or standards, the board shall allow and announce a reasonable time, not exceeding statutory deadlines contained in the federal Clean Water Act, for persons discharging wastes into the waters of the state to comply with the classification or standards and may, after public hearing if requested by the permittee, set and revise schedules of compliance and include these schedules within the terms and conditions of permits for the discharge of pollutants.
(5) Any discharge in accord with classification or standards authorized by a permit is not pollution for the purpose of this chapter.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 111 - Notice of violations -- Hearings.

Affected by 63I-1-219 on 7/1/2029
19-5-111.
Notice of violations -- Hearings.
(1) Whenever the director determines there are reasonable grounds to believe that there has been a violation of this chapter or any order of the director or the board, the director may give written notice to the alleged violator specifying the provisions that have been violated and the facts that constitute the violation.
(2) The notice shall require that the matters complained of be corrected.
(3) The notice may order the alleged violator to appear before an administrative law judge as provided by Section 19-1-301 at a time and place specified in the notice and answer the charges.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 112 - Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director.

Affected by 63I-1-219 on 7/1/2029
19-5-112.
Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director.
(1) Except as provided by Subsection (2), an administrative law judge shall conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301.
(2)
(a) An administrative law judge shall conduct, on the executive director's behalf, a hearing regarding an appeal of a permit decision for which the state has assumed primacy under the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
(b) The decision of the executive director is final and binding on all parties unless stayed or overturned on appeal.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 113 - Power of director to enter property for investigation -- Records and reports required of owners or operators.

Affected by 63I-1-219 on 7/1/2029
19-5-113.
Power of director to enter property for investigation -- Records and reports required of owners or operators.
(1) The director or the director's authorized representative has, after presentation of credentials, the authority to enter at reasonable times upon any private or public property for the purpose of:
(a) sampling, inspecting, or investigating matters or conditions relating to pollution or the possible pollution of any waters of the state, effluents or effluent sources, monitoring equipment, or sewage sludge; and
(b) reviewing and copying records required to be maintained under this chapter.
(2)
(a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner or operator of a disposal system, including a system discharging into publicly owned treatment works, to:
(i) establish and maintain reasonable records and make reports relating to the operation of the system or the management of the sewage sludge;
(ii) install, use, and maintain monitoring equipment or methods;
(iii) sample, and analyze effluents or sewage sludges; and
(iv) provide other information reasonably required.
(b) The records, reports, and information shall be available to the public except as provided in Subsection 19-1-306(2) or Subsections 63G-2-305(1) and (2), Government Records Access and Management Act, as appropriate, for other than effluent information.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 114 - Spills or discharges of oil or other substance -- Notice to director.

Affected by 63I-1-219 on 7/1/2029
19-5-114.
Spills or discharges of oil or other substance -- Notice to director.
Any person who spills or discharges any oil or other substance which may cause the pollution of the waters of the state shall immediately notify the director of the spill or discharge, any containment procedures undertaken, and a proposed procedure for cleanup and disposal, in accordance with rules of the board.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 116 - Limitation on effluent limitation standards for BOD, Total Suspended Solids, Bacteria, and pH for domestic or municipal sewage.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2020
19-5-116.
Limitation on effluent limitation standards for BOD, Total Suspended Solids, Bacteria, and pH for domestic or municipal sewage.
Unless required to meet instream water quality standards or federal requirements established under the federal Clean Water Act, the board may not establish, under Section 19-5-104, effluent limitation standards for Biochemical Oxygen Demand (BOD), Total Suspended Solids (SS), Bacteria, and pH for domestic or municipal sewage that are more stringent than the following:
(1) Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values determined on effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period.
(2) Total Suspended Solids (SS): The arithmetic mean of SS values determined on effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period.
(3) Bacteria:
(a) The geometric mean of total coliforms and fecal coliform bacteria in effluent samples collected during any 30-day period may not exceed either 2000/100 ml for total coliforms or 200/100 ml for fecal coliforms. The geometric mean during any seven-day period may not exceed 2500/100 ml for total coliforms or 250/100 for fecal coliforms.
(b) The geometric mean of E. coli bacteria in effluent samples collected during any 30-day period shall not exceed 126 per 100 mL nor shall the geometric mean exceed 158 per 100 mL respectively during any 7-day period.
(4) pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.
Amended by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 117 - Purpose and construction of chapter.

Affected by 63I-1-219 on 7/1/2029
19-5-117.
Purpose and construction of chapter.
(1) It is the purpose of this chapter to provide:
(a) additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state; and
(b) sufficient authority to allow the state to meet federal requirements for the state's assumption of primacy under the federal Water Pollution Control Act, as amended by the Water Quality Act of 1987, 33 U.S.C. Section 1251 et seq.
(2) Nothing in this chapter:
(a) abridges or alters rights of action or remedies in equity or under common or statutory law, criminal or civil; or
(b) estops the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under common or statutory law to suppress nuisances or to abate pollution.
Amended by Chapter 79, 1996 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 118 - Chapter deemed auxiliary and supplementary to other laws.

Affected by 63I-1-219 on 7/1/2029
19-5-118.
Chapter deemed auxiliary and supplementary to other laws.
This chapter does not repeal any laws relating to the pollution of waters or any conservation laws, but is auxiliary and supplementary to them except to the extent that the laws are in direct conflict with this chapter.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 119 - State permits not required where federal government has primary responsibility.

Affected by 63I-1-219 on 7/1/2029
19-5-119.
State permits not required where federal government has primary responsibility.
If for any reason, including cessation of federal funding, the federal government has the primary responsibility for the discharge permit or underground injection permit programs in this state, discharge or underground injection permits established by this chapter are not required.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 120 - Sewage permit program fee.

Affected by 63I-1-219 on 7/1/2029
19-5-120.
Sewage permit program fee.
(1) The department may assess a fee established under Section 63J-1-504 against persons required to obtain a permit under Section 19-5-108 for the management of sewage sludge, to be applied to the costs of administering the sewage permit program required by this chapter.
(2) In establishing the fee for each sludge disposal permit holder, the department shall take into account the proportionate size of the population served by the permit holder.
(3) All proceeds from the fee shall be applied to the administering of the sewage permit program required by this chapter.
Amended by Chapter 281, 2013 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 121 - Underground wastewater disposal systems -- Certification required to design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules -- Fees.

Affected by 63I-1-219 on 7/1/2029
19-5-121.
Underground wastewater disposal systems -- Certification required to design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules -- Fees.
(1) As used in this section, "maintain" does not include the pumping of an underground wastewater disposal system.
(2)
(a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002, a person may not design, inspect, maintain, or conduct percolation or soil tests for an underground wastewater disposal system, without first obtaining certification from the board.
(b) An individual is not required to obtain certification from the board to maintain an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual or a member of the individual's family and in which the individual or a member of the individual's family resides or an employee of the individual resides without payment of rent.
(c) The board shall make rules allowing an uncertified individual to conduct percolation or soil tests for an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual and in which the individual resides or intends to reside, or which is intended for use by an employee of the individual without payment of rent, if the individual:
(i) has the capability of properly conducting the tests; and
(ii) is supervised by a certified individual when conducting the tests.
(3)
(a) The board shall adopt and enforce rules for the certification and recertification of individuals who design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems.
(b)
(i) The rules shall specify requirements for education and training and the type and duration of experience necessary to obtain certification.
(ii) The rules shall recognize the following in meeting the requirements for certification:
(A) the experience of a contractor licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, who has five or more years of experience installing underground wastewater disposal systems;
(B) the experience of an environmental health scientist licensed under Title 58, Chapter 20b, Environmental Health Scientist Act; or
(C) the educational background of a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
(iii) If eligibility for certification is based on experience, the applicant for certification shall show proof of experience.
(4) The department may establish fees in accordance with Section 63J-1-504 for the testing and certification of individuals who design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 122 - Underground wastewater disposal systems -- Fee imposed on new systems.

Affected by 63I-1-219 on 7/1/2029
19-5-122.
Underground wastewater disposal systems -- Fee imposed on new systems.
(1) Beginning July 1, 2001, a one-time fee is imposed on each new underground wastewater disposal system installed.
(2)
(a) From July 1, 2001 through June 30, 2002, the fee shall be $25.
(b) Beginning July 1, 2002, the fee shall be established by the department in accordance with Section 63J-1-504.
(3)
(a) The fee shall be paid when plans and specifications for the construction of a new underground wastewater disposal system are approved by the local health department or the Department of Environmental Quality.
(b) A local health department shall remit the fee revenue to the Division of Finance quarterly.
(4) The fee revenue shall be:
(a) deposited into the Underground Wastewater Disposal Restricted Account created in Section 19-5-123; and
(b) used to pay for costs of underground wastewater disposal system training programs.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 123 - Underground Wastewater Disposal System Restricted Account created -- Contents -- Use of account money.

Affected by 63I-1-219 on 7/1/2029
19-5-123.
Underground Wastewater Disposal System Restricted Account created -- Contents -- Use of account money.
(1) The Underground Wastewater Disposal System Restricted Account is created within the General Fund.
(2) The contents of the account shall consist of:
(a) revenue from fees collected under Sections 19-5-121 and 19-5-122; and
(b) interest and earnings on account money.
(3) Money in the account shall be appropriated by the Legislature to the department for costs of training, testing, and certifying individuals who design, inspect, maintain, or conduct percolation or soils tests for underground wastewater disposal systems.
Enacted by Chapter 274, 2001 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 124 - Phosphorus limit for household dishwashing detergent.

Affected by 63I-1-219 on 7/1/2029
19-5-124.
Phosphorus limit for household dishwashing detergent.
(1) As used in this section, "household dishwashing detergent" means a substance used:
(a) to clean an item commonly used for preparing food, eating, or drinking; and
(b) by an individual for a personal, family, or household purpose.
(2) Except as provided by Subsection (3), a person may not sell a household dishwashing detergent that contains 0.5% or more phosphorus by weight on or after July 1, 2010.
(3) This section does not apply to a dishwashing detergent designed and used for a commercial or industrial purpose.
Enacted by Chapter 81, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 125 - Yurt exemption.

Affected by 63I-1-219 on 7/1/2029
Effective 5/28/2021
19-5-125.
Yurt exemption.
(1) As used in this section:
(a) "Backcountry waste containment and disposal system" means a pickle pail, rocket box, tube toilet, John-E partner, or similar container used to collect and carry out waste, including fecal matter.
(b) "Remote yurt" means the same as that term is defined in Section 15A-1-202.
(2) Unless otherwise provided by ordinance in accordance with Subsection 15A-1-204(12)(b), a remote yurt is exempt from this chapter, rules made under this chapter, and local health department's jurisdiction over onsite wastewater disposal, except that the owner of a remote yurt shall ensure that an individual using the remote yurt uses a backcountry waste containment and disposal system and the local health department may enforce the provisions of this section.
Amended by Chapter 3, 2021 Special Session 1
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Section 126 - Division of Water Quality Oil, Gas, and Mining Restricted Account.

Affected by 63I-1-219 on 7/1/2029
Effective 5/5/2021
19-5-126.
Division of Water Quality Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Division of Water Quality Oil, Gas, and Mining Restricted Account created by this section.
(b) "Division" means the Division of Water Quality.
(2)
(a) There is created a restricted account within the General Fund known as the "Division of Water Quality Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 51-9-306;
(ii) appropriations of the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3)
(a) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division that are primarily related to oil, gas, and mining.
(b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
Enacted by Chapter 401, 2021 General Session