Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 226 Second Substitute (2020GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses rulemaking by the board regarding storm water discharges and implementation by the director;
• enacts provisions related to storm water permits and certain appeals related to post-construction retention requirements; and
• makes technical changes.

Every vote on this bill

Bill text

STORM WATER PERMITTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill addresses effects of storm water.
Highlighted Provisions:
This bill:
▸ addresses rulemaking by the board regarding storm water discharges and
implementation by the director;
▸ enacts provisions related to storm water permits and certain appeals related to
post-construction retention requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
19-5-108
, as last amended by Laws of Utah 2012, Chapter 360
ENACTS:
19-5-108.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-5-108
 is amended to read:
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) [
Each
] 
A
 discharge permit shall have a fixed term not exceeding five years. Upon
expiration of a discharge permit, a new permit 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 all applicable requirements of this chapter, including the
conditions of any 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 insure compliance
by industrial users with any system of user charges required under this chapter or the rules
adopted under [
it
] 
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 which 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.
Section 2. Section 
19-5-108.5
 is enacted to read:
 19-5-108.5.
Storm water permits.
(1) As used in this section:
(a) "Applicant" means a person who is conducting or proposing to conduct a use of
land and who a permittee requires or allows to use low impact development.
(b) "Independent review" is a review conducted:
(i) in accordance with this section; and
(ii) by an engineer, or engineering firm, designated by the division as having technical
expertise in the area of storm water calculations.
(c) "Low impact development" means structural or natural engineered systems located
close to the source of storm water that use or mimic natural processes to encourage infiltration,
evapotranspiration, or reuse of the storm water.
(d) "Permittee" means a municipality, metro township, or county with a storm water
permit under the Utah Pollutant Discharge Elimination System.
(e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
(f) "Storm water permit" means a permit issued to a permittee by the division for the
permittee's municipal separate storm sewer system.
(g) "Utah Pollutant Discharge Elimination System" means the state-wide program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
under the Utah Water Quality Act.
(2) A permittee shall reduce any requirement for an applicant to manage or control
storm water runoff rates or storm water runoff volumes for flood control purposes to account
for the reduction in storm water associated with approved low impact development practices.
(3) The director shall create and maintain a list of engineers, including engineering
firms, capable of providing independent review of low impact development designs and storm
water calculations for use by an applicant and a permittee pursuant to an appeal described in
Subsection (4).
(4) (a) An applicant who appeals a permittee's determination regarding
post-construction retention requirements under the permittee's storm water permit may request
the permittee to refer the appeal to independent review for purposes of determining the
technical aspects of the appeal, including:
(i) the required size of any low impact development system;
(ii) the calculations of reductions in storm water runoff rates or storm water runoff
volumes for flood control due to the use of low impact development; and
(iii) the feasibility of constructing low impact development practices required by the
permittee.
(b) If an applicant makes a request under Subsection (4)(a):
(i) the permittee shall:
(A) select an engineer or engineering firm from the list described in Subsection (3);
and
(B) pay one-half of the cost of the independent review.
(ii) An engineer or engineering firm selected by the permittee under Subsection
(4)(b)(i) may not be:
(A) associated with the application that is the subject of the appeal; or
(B) employed by the permittee.
(iii) The applicant shall pay:
(A) one-half of the cost of the independent review; and
(B) the municipality's published appeal fee.
Section 3. 
Effective date.
This bill takes effect on July 1, 2020.