State Codes and Statutes
Statutes > Utah > Title-19 > Chapter-05 > 19-5-10419-5-104. Powers and duties of board.
(1) The board has the following powers and duties:
(a) develop programs for the prevention, control, and abatement of new or existingpollution of the waters of the state;
(b) advise, consult, and cooperate with other agencies of the state, the federalgovernment, other states, and interstate agencies, and with affected groups, political subdivisions,and industries to further the purposes of this chapter;
(c) encourage, participate in, or conduct studies, investigations, research, anddemonstrations relating to water pollution and causes of water pollution as the board findsnecessary to discharge its duties;
(d) collect and disseminate information relating to water pollution and the prevention,control, and abatement of water pollution;
(e) adopt, modify, or repeal standards of quality of the waters of the state and classifythose waters according to their reasonable uses in the interest of the public under conditions theboard may prescribe for the prevention, control, and abatement of pollution;
(f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative RulemakingAct, taking into account Subsection (3), to:
(i) implement the awarding of construction loans to political subdivisions and municipalauthorities under Section 11-8-2, including:
(A) requirements pertaining to applications for loans;
(B) requirements for determination of eligible projects;
(C) requirements for determination of the costs upon which loans are based, which costsmay include engineering, financial, legal, and administrative expenses necessary for theconstruction, reconstruction, and improvement of sewage treatment plants, including majorinterceptors, collection systems, and other facilities appurtenant to the plant;
(D) a priority schedule for awarding loans, in which the board may consider in additionto water pollution control needs any financial needs relevant, including per capita cost, in makinga determination of priority; and
(E) requirements for determination of the amount of the loan;
(ii) implement the awarding of loans for nonpoint source projects pursuant to Section73-10c-4.5;
(iii) set effluent limitations and standards subject to Section 19-5-116;
(iv) implement or effectuate the powers and duties of the board; and
(v) protect the public health for the design, construction, operation, and maintenance ofunderground wastewater disposal systems, liquid scavenger operations, and vault and earthen pitprivies;
(g) issue, modify, or revoke orders:
(i) prohibiting or abating discharges;
(ii) requiring the construction of new treatment works or any parts of them, or requiringthe modification, extension, or alteration of existing treatment works as specified by board ruleor any parts of them, or the adoption of other remedial measures to prevent, control, or abatepollution;
(iii) setting standards of water quality, classifying waters or evidencing any otherdetermination by the board under this chapter; and
(iv) requiring compliance with this chapter and with rules made under this chapter;
(h) (i) review plans, specifications, or other data relative to disposal systems or any partof disposal systems;
(ii) issue construction or operating permits for the installation or modification oftreatment works or any parts of the treatment works; and
(iii) delegate the authority to issue an operating permit to a local health department;
(i) after public notice and opportunity for a public hearing, issue, continue in effect,revoke, modify, or deny discharge permits under reasonable conditions the board may prescribeto:
(i) control the management of sewage sludge; or
(ii) prevent or control the discharge of pollutants, including effluent limitations for thedischarge of wastes into the waters of the state;
(j) give reasonable consideration in the exercise of its powers and duties to the economicimpact of water pollution control on industry and agriculture;
(k) exercise all incidental powers necessary to carry out the purposes of this chapter,including delegation to the department of its duties as appropriate to improve administrativeefficiency;
(l) meet the requirements of federal law related to water pollution;
(m) establish and conduct a continuing planning process for control of water pollutionincluding the specification and implementation of maximum daily loads of pollutants;
(n) make rules governing inspection, monitoring, recordkeeping, and reportingrequirements for underground injections and require permits for them, to protect drinking watersources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil,recognizing that underground injection endangers drinking water sources if:
(i) injection may result in the presence of any contaminant in underground water thatsupplies or can reasonably be expected to supply any public water system, as defined in Section19-4-102; and
(ii) the presence of the contaminant may:
(A) result in the public water system not complying with any national primary drinkingwater standards; or
(B) otherwise adversely affect the health of persons;
(o) make rules governing sewage sludge management, including permitting, inspecting,monitoring, recordkeeping, and reporting requirements;
(p) adopt and enforce rules and establish fees to cover the costs of testing for certificationof operators of treatment works and sewerage systems operated by political subdivisions;
(q) notwithstanding the provisions of Section 19-4-112, make rules governing design andconstruction of irrigation systems that:
(i) convey sewage treatment facility effluent of human origin in pipelines under pressure,unless contained in surface pipes wholly on private property and for agricultural purposes; and
(ii) are constructed after May 4, 1998; and
(r) (i) approve, approve in part, approve with conditions, or deny, in writing, anapplication for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and
(ii) issue an operating permit for water reuse under Title 73, Chapter 3c, WastewaterReuse Act.
(2) In performing the duties listed in Subsection (1), the board shall give priority topollution that results in a hazard to the public health.
(3) The board shall take into consideration the availability of federal grants:
(a) in determining eligible project costs; and
(b) in establishing priorities pursuant to Subsection (1)(f)(i).
(4) In establishing certification rules under Subsection (1)(p), the board shall:
(a) base the requirements for certification on the size, treatment process type, andcomplexity of the treatment works and sewerage systems operated by political subdivisions;
(b) allow operators until three years after the date of adoption of the rules to obtain initialcertification;
(c) allow a new operator one year from the date the operator is hired by a treatment plantor sewerage system or three years after the date of adoption of the rules, whichever occurs later,to obtain certification;
(d) issue certification upon application and without testing, at a grade level comparableto the grade of current certification to operators who are currently certified under the voluntarycertification plan for wastewater works operators as recognized by the board; and
(e) issue a certification upon application and without testing that is valid only at thetreatment works or sewerage system where that operator is currently employed if the operator:
(i) is in charge of and responsible for the treatment works or sewerage system on March16, 1991;
(ii) has been employed at least 10 years in the operation of that treatment works orsewerage system prior to March 16, 1991; and
(iii) demonstrates to the board the operator's capability to operate the treatment works orsewerage system at which the operator is currently employed by providing employment historyand references as required by the board.
Amended by Chapter 336, 2008 General Session
Amended by Chapter 382, 2008 General Session
