Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 36 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes a process for members of the Utah Water Quality Board to conduct a mediated settlement conference between the director and a party in alleged violation of the Utah Water Quality Act; and
• authorizes members of the Utah Water Quality Board to recommend a reasonable penalty amount to the director.

Every vote on this bill

Bill text

5
19-5-104
19-5-106
0
Water Quality Board Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Paul A. Cutler
LONG TITLE
General Description:
This bill addresses the Utah Water Quality Board.
Highlighted Provisions:
This bill:
establishes a process for members of the Utah Water Quality Board to conduct a mediated 
settlement conference between the director and a party in alleged violation of the Utah 
Water Quality Act; and
authorizes members of the Utah Water Quality Board to recommend a reasonable penalty 
amount to the director.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-5-104
, as last amended by Laws of Utah 2023, Chapter 176
19-5-106
, as last amended by Laws of Utah 2023, Chapter 176
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-5-104
 is amended to read:
19-5-104
. Powers and duties of board.
(1)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
board may make rules that:
(a)
taking into account Subsection 
(6)
:
(i)
implement the awarding of construction loans to political subdivisions and 
municipal authorities under Section 
11-8-2
, including:
(A)
requirements pertaining to applications for a loan;
(B)
requirements for determination of an eligible project;
(C)
requirements for determination of the costs upon which a loan is based, which 
costs may include engineering, financial, legal, and administrative expenses 
necessary for the construction, reconstruction, and improvement of a sewage 
treatment plant, including a major interceptor, collection system, or other 
facility appurtenant to the plant;
(D)
a priority schedule for awarding loans, in which the board may consider, in 
addition to water pollution control needs, any financial needs relevant, 
including per capita cost, in making a 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 Section 
73-10c-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 
of underground wastewater disposal systems, liquid scavenger operations, and 
vault and earthen pit privies;
(b)
govern inspection, monitoring, recordkeeping, and reporting requirements for 
underground injections and require permits for underground injections, to protect 
drinking water sources, 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 a contaminant in underground water that 
supplies or can reasonably be expected to supply a public water system, as defined 
in Section 
19-4-102
; and
(ii)
the presence of the contaminant may:
(A)
result in the public water system not complying with any national primary 
drinking water standards; or
(B)
otherwise adversely affect the health of persons;
(c)
govern sewage sludge management, including permitting, inspecting, monitoring, 
recordkeeping, and reporting requirements; and
(d)
notwithstanding Section 
19-4-112
, govern design and construction 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.
(2)
(a)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the board shall adopt and enforce rules and establish fees to cover the costs of:
(i)
managing the certification and testing program; and
(ii)
testing for certification of operators of treatment works and sewerage systems 
operated by political subdivisions.
(b)
In establishing certification rules under Subsection 
(2)(a)
, the board shall:
(i)
base the requirements for certification on the size, treatment process type, and 
complexity of the treatment works and sewerage systems operated by political 
subdivisions;
(ii)
allow operators until three years after the date of adoption of the rules to obtain 
initial certification;
(iii)
allow a new operator one year from the date the operator is hired by a treatment 
plant or sewerage system or three years after the date of adoption of the rules, 
whichever occurs later, to obtain certification;
(iv)
issue certification upon application and without testing, at a grade level 
comparable to the grade of current certification to operators who are currently 
certified under the voluntary certification plan for wastewater works operators as 
recognized by the board; and
(v)
issue a certification upon application and without testing that is valid only at the 
treatment works or sewerage system where that operator is currently employed if 
the operator:
(A)
is in charge of and responsible for the treatment works or sewerage system on 
March 16, 1991;
(B)
has been employed at least 10 years in the operation of that treatment works or 
sewerage system before March 16, 1991; and
(C)
demonstrates to the board the operator's capability to operate the treatment 
works or sewerage system at which the operator is currently employed by 
providing employment history and references as required by the board.
(3)
The board shall:
(a)
develop programs for the prevention, control, and abatement of new or existing 
pollution of the waters of the state;
(b)
adopt, modify, or repeal standards of quality of the waters of the state and classify 
those waters according to their reasonable uses in the interest of the public under 
conditions the board may prescribe for the prevention, control, and abatement of 
pollution;
(c)
give reasonable consideration in the exercise of its powers and duties to the 
economic impact of water pollution control on industry and agriculture;
(d)
meet the requirements of federal law related to water pollution;
(e)
establish and conduct a continuing planning process for control of water pollution, 
including the specification and implementation of maximum daily loads of pollutants;
(f)
(i)
review total daily maximum load reports and recommendations for water 
quality end points and implementation strategies developed by the division before 
submission of the report, recommendation, or implementation strategy to the EPA;
(ii)
disapprove, approve, or approve with conditions the staff total daily maximum 
load recommendations; and
(iii)
provide suggestions for further consideration to the Division of Water Quality in 
the event a total daily maximum load strategy is rejected; 
and
(g)
to ensure compliance with applicable statutes and regulations:
(i)
review a settlement negotiated by the director 
in accordance with
under
Subsection 
19-5-106(2)(k)
 that requires a civil penalty of $25,000 or more; and
(ii)
approve or disapprove the settlement described in Subsection 
(3)(g)(i)
.
; and
(h)
to ensure a prompt and fair settlement under Subsection 
19-5-106(2)(k)
:
(i)
review an ongoing penalty negotiation between the director and a publicly-owned 
alleged violator of a provision under this chapter if:
(A)
the director's proposed penalty exceeds $25,000;
(B)
the alleged violator requests in writing that the board review the penalty 
negotiation;
(C)
the director and the alleged violator do not dispute the violations alleged by 
the director; and
(D)
the director and the alleged violator are unable to agree on a penalty amount; 
and
(ii)
upon receiving a written request for board review that meets the requirements 
described in Subsection 
(3)(h)(i)
:
(A)
assign no more than four board members to conduct a mediated settlement 
conference with the director and the alleged violator;
(B)
schedule a settlement conference for no sooner than 45 days and no later than 
90 days after the day on which the written request is received;
(C)
recommend a reasonable penalty amount no later than 30 days after the 
settlement conference; and
(D)
inform the alleged violator that the director may commence a civil proceeding 
to assess penalties if necessary to prevent the running of a statute of limitation 
described in Sections 
19-1-305
 and 
78B-2-307.5
.
(4)
The board may:
(a)
order the director to issue, modify, or revoke an order:
(i)
prohibiting or abating discharges;
(ii)
(A)
requiring the construction of new treatment works or any parts of the new 
treatment works;
(B)
requiring the modification, extension, or alteration of existing treatment works 
as specified by board rule or any parts of existing treatment works; or
(C)
the adoption of other remedial measures to prevent, control, or abate pollution;
(iii)
setting standards of water quality, classifying waters or evidencing any other 
determination by the board under this chapter; or
(iv)
requiring compliance with this chapter and with rules made under this chapter;
(b)
advise, consult, and cooperate with another agency of the state, the federal 
government, another state, an interstate agency, an affected group, an affected 
political subdivision, or affected industry to further the purposes of this chapter; or
(c)
delegate the authority to issue an operating permit to a local health department.
(5)
In performing the duties listed in Subsections 
(1)
 through 
(4)
, the board shall give 
priority to pollution that results in a hazard to the public health.
(6)
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)(a)(i)
.
(7)
The board may not issue, amend, renew, modify, revoke, or terminate any of the 
following that are subject to the authority granted to the director under Section 
19-5-106
:
(a)
a permit;
(b)
a license;
(c)
a registration;
(d)
a certification; or
(e)
another administrative authorization made by the director.
(8)
A board member may not speak or act for the board unless the board member is 
authorized by a majority of a quorum of the board in a vote taken at a meeting of the 
board.
Section 2, Section 
19-5-106
 is amended to read:
19-5-106
. Director -- Appointment -- Duties.
(1)
The executive director shall appoint the director. The director shall serve under the 
administrative direction of the executive director.
(2)
The director shall:
(a)
develop programs for the prevention, control, and abatement of new or existing 
pollution of the waters of the state;
(b)
advise, consult, and cooperate with other agencies of the state, the federal 
government, other states and interstate agencies, and with affected groups, political 
subdivisions, and industries in furtherance of the purposes of this chapter;
(c)
develop programs for the management of sewage sludge;
(d)
subject to the provisions of this chapter, enforce rules made by the board through the 
issuance of orders, which orders may include:
(i)
prohibiting or abating discharges of wastes into the waters of the state;
(ii)
requiring the construction of new control facilities or any parts of them or the 
modification, extension, or alteration of existing control facilities or any parts of 
them, or the adoption of other remedial measures to prevent, control, or abate 
water pollution; or
(iii)
prohibiting any other violation of this chapter or rules made under this chapter;
(e)
review plans, specifications, or other data relative to pollution control systems or any 
part of the systems provided for in this chapter;
(f)
issue construction or operating permits for the installation or modification of 
treatment works or any parts of the treatment works;
(g)
after public notice and opportunity for public hearing, issue, continue in effect, 
renew, revoke, modify, or deny discharge permits under reasonable conditions the 
board may prescribe to:
(i)
control the management of sewage sludge; or
(ii)
prevent or control the discharge of pollutants, including effluent limitations for 
the discharge of wastes into the waters of the state;
(h)
meet the requirements of federal law related to water pollution;
(i)
under the direction of the executive director, represent the state in all matters 
pertaining to water pollution, including interstate compacts and other similar 
agreements;
(j)
collect and disseminate information relating to water pollution and the prevention, 
control, and abatement of water pollution;
(k)
subject to 
Subsection
Subsections
19-5-104(3)(g)
 and (h)
, settle or compromise any 
civil action initiated by the division to compel compliance with this chapter or the 
rules made under this chapter; and
(l)
(i)
approve, approve in part, approve with conditions, or deny, in writing, an 
application 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, Wastewater 
Reuse Act
.
(3)
The director may:
(a)
employ full-time employees as necessary to carry out the provisions of this chapter;
(b)
subject to the provisions of this chapter, authorize any employee or representative of 
the department to enter, at reasonable times and upon reasonable notice, in or upon 
public or private property for the purposes of inspecting and investigating conditions 
and plant records concerning possible water pollution;
(c)
encourage, participate in, or conduct studies, investigations, research, and 
demonstrations relating to water pollution and causes of water pollution as necessary 
for the discharge of duties assigned under this chapter, including the establishment of 
inventories of pollution sources;
(d)
collect and disseminate information relating to water pollution and the prevention, 
control, and abatement of water pollution;
(e)
subject to the provisions of this chapter, exercise all incidental powers necessary to 
carry out the purposes of this chapter, including certification to any state or federal 
authorities for tax purposes only if the construction, installation, or acquisition of any 
facility, land, building, machinery, equipment, or any part of them conforms with this 
chapter;
(f)
cooperate with any person in studies and research regarding water pollution and its 
control, abatement, and prevention;
(g)
encourage, participate in, or conduct studies, investigations, research, and 
demonstrations relating to water pollution and causes of water pollution; or
(h)
as authorized by the board and subject to the provisions of this chapter, act as 
executive secretary of the board under the direction of the chairman of the board.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:22 PM