Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 220 (2025GS)

Sponsor

Sen. Musselman, Calvin R.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• establishes standards for how the Division of Water Quality:
• regulates controls for storm water runoff;
• imposes a fine for violation; and
• inspects construction sites impacting storm water runoff;
• establishes exceptions for the Department of Transportation;
• establishes penalties for non-compliance; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

7
19-5-105
19-5-108.3
19-5-111
19-5-115
0
Construction Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Thomas W. Peterson
LONG TITLE
General Description:
This bill addresses construction site storm water runoff controls.
Highlighted Provisions:
This bill:
defines terms;
establishes standards for how the Division of Water Quality:
regulates controls for storm water runoff;
imposes a fine for violation; and
inspects construction sites impacting storm water runoff; 
establishes exceptions for the Department of Transportation;
establishes penalties for non-compliance; and 
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-5-105
, as last amended by Laws of Utah 2024, Chapter 502
19-5-108.3
, as enacted by Laws of Utah 2024, Chapter 502
19-5-111
, as last amended by Laws of Utah 2012, Chapter 360
19-5-115
, as last amended by Laws of Utah 2024, Chapter 158
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-5-105
 is amended to read:
19-5-105
. Rulemaking authority and procedure.
(1)
(a)
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. 
(b)
In making rules, the board may incorporate by reference corresponding federal 
regulations.
(c)
Any rule of the board is subject to Section 
63G-3-502
.
(2)
(a)
The board may make rules more stringent than corresponding federal regulations 
for the purpose described in Subsection (1), only if 
it
the board
 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. 
(b)
The 
Except as described in Subsection 
(4)
, a 
municipal system
 authority
 may not 
make requirements for permits that are more stringent than corresponding federal 
regulations for the purpose described in Subsection (1), unless the municipal system
authority
 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.
(c)
The board 
and
or a
 municipal system 
shall include with 
authority that makes 
a 
written finding described in Subsection (2)(a) 
an opinion
or (2)(b) shall include a 
finding
 referring to and evaluating the public health and environmental information 
and studies contained in the record that 
form
forms
 the basis for the board's or 
municipal 
system's conclusion
system authority's finding described in Subsection 
(2)(a)
 or (2)(b)
.
(3)
The board may make rules related to agriculture water more stringent than the 
corresponding federal regulations if the commission approves
 the rules being more 
stringent than the corresponding federal regulations
.
(4)
The Department of Transportation may make requirements more stringent than 
corresponding federal regulations when acting under a consent decree related to the 
administration of the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251, et seq.
Section 2, Section 
19-5-108.3
 is amended to read:
19-5-108.3
. Construction site storm water runoff control.
(1)
As used in this section:
(a)
(i)
"Applicant" means a person that applies for 
an authorization to discharge under 
a construction storm water permit to conduct or propose to conduct a use of land 
for a construction site.
(ii)
"Applicant" includes a person granted an authorization to discharge under a 
construction storm water permit once the authorization has been granted.
(b)
"Application" means a construction storm water permit application.
(c)
"Authority" means the Division of Water Quality or a municipal system authority.
(c)
(d)
"Best management practice" means the methods, measures, or practices in 
compliance with 
the federal Clean Water Act
40 C.F.R. Part 450
.
(d)
(e)
"Construction storm water permit" means a permit required for soil disturbances
where the construction activity causes a soil disturbance of:
(i)
 of 
an acre or more
, 
; or
(ii)
including 
less than an acre if 
it
the application
 is part of a common plan of 
development or sale
, where the disturbance is caused by construction activity.
.
(e)
(f)
"Electronic site inspection" means geo-located and time-stamped 
photos taken, 
evaluated, and submitted electronically by the applicant to the municipal system.
photographs the applicant takes, evaluates, and submits electronically to the authority.
(g)
"Immediate threat" means contaminants are entering a river, a stream, or a lake.
(h)
"Imminent threat" means contaminants are anticipated to be discharged into a river, a 
stream, or a lake within 48 hours.
(i)
"Municipal system authority" means the entity that is responsible for the oversight of 
the municipal system.
(j)
(f)
"Municipal system" means a municipal separate storm sewer system described in 
the federal Clean Water Act
40 C.F.R. Sec. 122.26
.
(g)
(k)
"Oversight inspection" means a construction site inspection performed by the 
municipal system 
authority 
to 
assess
impose
 compliance with the permit.
(h)
(l)
"Permit" means a construction storm water permit.
(i)
(m)
"Prevention plan" means the storm water pollution prevention plan described in 
the federal Clean Water Act
40 C.F.R. Sec. 122.26
.
(j)
(n)
"Program" means 
the
a
 program described in Subsection 
(2)
19-5-104(3)(a)
.
(o)
(i)
"State transportation project" means a state project on public land to construct, 
reconstruct, replace, improve, maintain, or preserve transportation infrastructure.
(ii)
"State transportation project" includes:
(A)
a highway; or
(B)
a public transit facility.
(k)
"Violation" means a failure to implement or maintain preferred best management 
practices.
(2)
This section does not supersede rules or regulations created by the board or division 
under this chapter.
(3)
No permit, rule, or action by a municipal system for the purpose of administering the 
program may be more stringent than the minimum requirements of the federal Clean 
Water Act.
(4)
(2)
A municipal system
The authority
 may not 
deviate from the federal Clean Water 
Act
make or enforce a rule, an ordinance, or a policy regarding the municipal system, 
more stringent than the corresponding federal regulations under the federal Clean Water 
Act
, unless 
the deviation is 
expressly permitted by state statute.
(5)
(3)
(a)
Each 
municipal system
authority
 shall determine the 
municipal system's
authority's
 preferred best management practices.
(b)
Each 
municipal system
authority
 shall publish the 
municipal system's
authority's
preferred best management practices on 
a website controlled by the municipal system
the authority's website
.
(6)
(4)
Each 
municipal system
authority
 shall:
(a)
maintain a list of requirements that make a complete application for a 
permit
prevention plan approval
; and
(b)
publish 
on a website controlled by the municipal system 
the list described in 
Subsection 
(6)(a)
(4)(a) on the authority's website
.
(7)
(5)
The list
Except as described in Section 
19-5-105
, the list of requirements
described in Subsection 
(6)(a)
(4)(a)
 may not exceed the 
template in the federal Clean 
Water Act.
application requirements of 40 C.F.R. Part 122, Subpart B.
(8)
(a)
Each municipal system shall complete the review of the prevention plan within 
14 business days after the day on which the applicant submits a complete prevention 
plan.
(b)
(6)
(a)
To apply for a prevention plan approval with a municipal system authority, an 
applicant shall submit to the municipal system authority a prevention plan for review.
(b)
A municipal system authority has 14 business days after the day on which an 
applicant submits a prevention plan to review the prevention plan for compliance 
with local ordinances, state law, and federal law.
(c)
Each municipal system
A municipal system authority
 may request more 
information, or modification to the prevention plan, if the request:
(i)
is specific
for more information, lists specifically why the prevention plan is 
noncompliant
;
 and
(ii)
for modification:
(A)
includes citations to 
the permit requirements, 
local ordinances, 
or 
state
 law,
or federal law that require the modification to the prevention plan; and
(iii)
(B)
is logged in an index of requested modification.
(c)
(d)
Each municipal system has 14
The municipal system authority has five
business days after the day on which the applicant submits the information or 
modification described in Subsection 
(8)(b) 
(6)(b) 
to complete the review of the 
prevention plan.
(e)
Once the review of the prevention plan is complete, the municipal system authority 
shall notify the applicant, in writing, whether the authorization to discharge is granted.
(9)
A municipal system shall not impose a fine.
(10)
Any violation found by the municipal system may not result in an order to stop 
construction activity if:
(a)
an applicant selects the preferred best management practice for the site conditions;
(b)
an applicant implements and properly maintains the best management practices as 
described in Subsection (5), by the municipal system; and
(c)
the violation is a result from a deficiency in the best management practice.
(11)
(7)
(a)
The 
municipal system
authority
:
(i)
shall notify the applicant, in writing, of a 
specific 
violation;
(ii)
shall provide the applicant a reasonable time of at least 
24 hours
one business day
to correct the 
specific 
violation; and
(iii)
may perform an inspection to verify that
 the applicant corrects
 the 
specific 
violation
 is corrected
.
(b)
If an applicant does not correct the 
specific 
violation described in Subsection 
(11)(a)(i) 
(7)(a)(i) 
within the 
deadline
timeline
 set under Subsection 
(11)(a)(ii)
(7)(a)(ii)
, the 
municipal system
authority
:
(i)
shall 
notify the applicant, in writing
issue a written warning
, that
 the applicant 
has not corrected
 the 
specific 
violation
 has not been corrected
;
(ii)
may issue a written warning that construction activity may be stopped
may 
impose a fine
 if the 
applicant does not correct the specific 
violation
 is not 
corrected
 within no less than 
another 24-hour period
an additional one business 
day
; and
(iii)
may perform an inspection to verify that 
the applicant corrected 
the 
specific 
violation
 is corrected
.
(c)
If an applicant does not correct the 
specific 
violation 
described in 
for which the 
applicant received notice in accordance with 
Subsection 
(11)(a)(i) 
(7)(a)(i) 
within 
the 
deadline
timeline
 set under Subsection 
(11)(b), the municipal system
(7)(b), the 
authority
:
(i)
shall notify the applicant, in writing, that 
the applicant has not corrected 
the 
specific 
violation
 has not been corrected
; and
(ii)
may 
order the applicant to stop construction activity until the municipal system 
performs an inspection to verify that the violation is corrected or the applicant 
demonstrates that the violation is corrected through electronic site inspection.
impose an administrative fine for each occurrence as follows:
(A)
$500 per occurrence for working without an approved storm water permit;
(B)
$300 per occurrence for tracking mud on road;
(C)
$250 per occurrence for failure to clean up or report spills;
(D)
$100 per occurrence for failure to conduct storm water inspections;
(E)
$100 per occurrence for failure to maintain storm water records; and
(F)
$500 per site, per occurrence, for failure to use general best management 
practices, as determined by the authority; and
(iii)
may impose the administrative fine:
(A)
for each business day the specific violation continues beginning on the day 
after the day on which the authority issues the administrative fine; and
(B)
within 30 days after the day on which the applicant corrects the violation.
(d)
The authority shall:
(i)
impose each fine in writing and clearly document the specific violation in the 
writing; and
(ii)
deposit collected fines into a restricted account for education and outreach under 
a program.
(d)
A municipal system may not impose the process described in this Subsection (11) 
later than 30 days after the day on which the municipal system provides the required 
preceding notice of violation or continuing violation.
(e)
A municipal system 
Except as provided in Subsection (7)(f), the authority may not 
issue an order to stop construction activity for a violation if:
(i)
an applicant selects the preferred best management practice for the site conditions;
(ii)
an applicant implements and properly uses the preferred best management 
practices; and
(iii)
the violation results from a deficiency in the preferred best management practice.
(f)
The authority 
may issue an order to stop construction 
earlier than described in 
Subsection (11)(c)(ii) 
if the 
municipal system
authority
 has a clearly documented 
reason articulating an immediate threat to water quality.
(f)
(g)
A municipal system
The authority
 may recoup the 
reasonable 
costs incurred to 
correct a 
specific 
violation the applicant refuses to correct after the enforcement 
process described in this Subsection 
(11) 
(7) 
has been exhausted if the 
municipal 
system
authority
, at the time of clean up, determines 
a 
there is
an imminent threat of
significant harm to water quality or the storm water system
 is imminent
.
(h)
An authority may not impose a fine for any reason except as provided in Subsection 
(7)
.
(8)
(a)
Subsections 
(3)
 through (7) do not apply to the Department of Transportation.
(b)
The Department of Transportation may implement financial disincentives as part of a 
project contract or specifications.
(c)
The Department of Transportation may use financial disincentives under this 
Subsection (8) to offset the cost of a state transportation project.
(12)
(9)
(a)
A municipal system 
The authority 
shall develop a checklist for a 
pre-construction prevention plan review that is consistent with the 
federal Clean 
Water Act
current EPA Construction General Permit
.
(b)
The applicant, or an applicant's designee, shall participate in the pre-construction site 
inspections.
(c)
A municipal system
The authority
 may conduct a pre-construction site inspection in 
person or using an electronic site inspection tool.
(13)
(10)
(a)
The authority that owns the municipal system that accepts runoff from the 
construction site shall inspect the construction site.
(b)
Each 
municipal system
authority
 shall develop, publish, and implement standard 
operating procedures, forms, or similar types of documents for construction site 
inspections.
(c)
The applicant shall allow construction site inspections by the authority.
(14)
(11)
(a)
A municipal system 
Except as provided in Subsection (12), the authority 
shall conduct an oversight inspection through an electronic site inspection.
(b)
Photographs submitted for electronic site inspection shall:
(i)
include meta data verifying the date, time, and GPS location corresponding to the 
construction site; and
(ii)
be of sufficient resolution and clarity to assess compliance with general best 
management practices.
(c)
An applicant may opt out of the electronic site inspection and instead elect an on-site 
inspection.
(15)
(12)
A municipal system 
The authority 
may conduct an on-site inspection if the 
municipal system
authority:
(a)
has a documented reason for justifying an on-site oversight inspection
.
, which may 
include:
(i)
alterations of electronic photographs;
(ii)
failure to submit an electronic site inspection at the appropriate time; or
(iii)
the construction site is within one-half mile of a river, a stream, or a lake;
(b)
is inspecting a state transportation project; or
(c)
is inspecting a military project.
(13)
Only the authority that owns the municipal system that accepts runoff from the 
construction site may require post-construction maintenance agreements.
(16)
Each municipal system shall:
(a)
develop and publish a procedure for the applicant to notify the municipal system 
that the applicant has completed active construction and is prepared for the municipal 
system to conduct verification of final stabilization; and
(b)
provide a copy of the procedure described in Subsection (16)(a) to the applicant 
when the municipal system issues the permit.
Section 3, Section 
19-5-111
 is amended to read:
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 
Except as provided in Subsection 
(4)
, 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.
(4)
A person that receives a notice may request an informal adjudicative proceeding to 
contest a notice or fine imposed in accordance with Subsection 
19-5-108.3(7)(c)
, 
Section 
63G-4-203
, and procedural rules the department makes in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 4, Section 
19-5-115
 is amended to read:
19-5-115
. Violations -- Penalties -- Civil actions by director -- Ordinances and 
rules of political subdivisions -- Acts of individuals.
(1)
As used in this section:
(a)
"Criminal negligence" means the same as that term is defined in Section 
76-2-103
.
(b)
"Knowingly" means the same as that term is defined in Section 
76-2-103
.
(c)
(i)
"Organization" means a legal entity, other than a government, established or 
organized for any purpose
, and
.
(ii)
"Organization" 
includes a corporation, company, association, firm, partnership, 
joint stock company, foundation, institution, trust, society, union, or any other 
association of persons.
(d)
"Serious bodily injury" means bodily injury that involves a substantial risk of death, 
unconsciousness, extreme physical pain, protracted and obvious disfigurement, or 
protracted loss or impairment of the function of a bodily member, organ, or mental 
faculty.
(e)
"Willfully" means the same as that term is defined in Section 
76-2-103
.
(2)
(a)
A person 
who
that
 violates this chapter, or any permit, rule, or order adopted 
under this chapter, 
upon a showing that the violation occurred, 
is subject in a civil 
proceeding to a civil penalty not to exceed $10,000 per day of violation.
(b)
The department shall retain the revenue from an administrative fine under Subsection 
19-5-108.3(7)
 as a dedicated credit for the purposes of outreach and education to 
applicants.
(c)
The division may issue an order to stop construction in accordance with Subsection 
19-5-108.3(7)
.
(3)
(a)
A person is guilty of a class A misdemeanor
 and is
,
 subject to imprisonment 
under Section 
76-3-204
,
 and
 subject to
 a fine not exceeding $25,000 per day
 who
,
 if 
the person
 with criminal negligence:
(i)
discharges pollutants in violation of Subsection 
19-5-107
(1) or in violation of any 
condition or limitation included in a permit issued under Subsection 
19-5-107
(3);
(ii)
violates Section 
19-5-113
;
(iii)
violates a pretreatment standard or toxic effluent standard for publicly owned 
treatment works; or
(iv)
manages sewage sludge in violation of this chapter or rules adopted under this 
chapter.
(b)
A person is guilty of a third degree felony
 and is
,
 subject to imprisonment under 
Section 
76-3-203
,
 and
 subject to
 a fine not to exceed $50,000 per day of violation
who 
, if the person 
knowingly:
(i)
discharges pollutants in violation of Subsection 
19-5-107
(1) or in violation of any 
condition or limitation included in a permit issued under Subsection 
19-5-107
(3);
(ii)
violates Section 
19-5-113
;
(iii)
violates a pretreatment standard or toxic effluent standard for publicly owned 
treatment works; or
(iv)
manages sewage sludge in violation of this chapter or rules adopted under this 
chapter.
(4)
A person is guilty of a third degree felony
 and
,
 subject to imprisonment under Section 
76-3-203
,
 and 
shall be punished by
subject to
 a fine not exceeding $10,000 per day of 
violation
 if that person
, if the
person 
knowingly:
(a)
makes a false material statement, representation, or certification in any application, 
record, report, plan, or other document filed or required to be maintained under this 
chapter, or by any permit, rule, or order issued under this chapter; or
(b)
falsifies, tampers with, or knowingly renders inaccurate a monitoring device or 
method required to be maintained under this chapter.
(5)
(a)
A person is guilty of a second degree felony
 and, upon conviction, is 
, 
subject to 
imprisonment under Section 
76-3-203
,
 and 
subject to 
a fine of not more than 
$250,000 if 
that
the
 person:
(i)
knowingly violates this chapter, or any permit, rule, or order adopted under this 
chapter; and
(ii)
knows at that time that the person is placing another person in imminent danger 
of death or serious bodily injury.
(b)
If a person is an organization, the organization shall, upon conviction of violating 
Subsection (5)(a), be subject to a fine of not more than $1,000,000.
(c)
(i)
A defendant who is an individual is considered to have acted knowingly if:
(A)
the defendant's conduct placed another person in imminent danger of death or 
serious bodily injury; and
(B)
the defendant was aware of or believed that there was an imminent danger of 
death or serious bodily injury to another person.
(ii)
Knowledge possessed by a person other than the defendant may not be attributed 
to the defendant.
(iii)
Circumstantial evidence may be used to prove that the defendant possessed 
actual knowledge, including evidence that the defendant took affirmative steps to 
be shielded from receiving relevant information.
(d)
(i)
It is an affirmative defense to prosecution under this Subsection (5) that the 
conduct charged was consented to by the person endangered and that the danger 
and conduct charged were reasonably foreseeable hazards of:
(A)
an occupation, a business, or a profession; or
(B)
medical treatment or medical or scientific experimentation conducted by 
professionally approved methods and the other person was aware of the risks 
involved before giving consent.
(ii)
The defendant has the burden of proof to establish an affirmative defense under 
this Subsection (5)(d) and shall prove that defense by a preponderance of the 
evidence.
(6)
For purposes of Subsections (3) through (5), a single operational upset that leads to 
simultaneous violations of more than one pollutant parameter shall be treated as a single 
violation.
(7)
(a)
The director may bring a civil action for appropriate relief, including a permanent 
or temporary injunction, for any violation or threatened violation for which the 
director is authorized to issue a compliance order under Section 
19-5-111
.
(b)
Notwithstanding Title 
78A, Chapter 3a, Venue for Civil Actions
78B, Chapter 3a, 
Venue for Civil Actions
, the director shall bring a civil action in the district court 
where the violation or threatened violation occurs if the director brings the action in a 
district court.
(8)
(a)
The attorney general is the legal advisor for the board and the director and shall 
defend the board or director in an action or proceeding brought against the board or 
director.
(b)
The county attorney or district attorney, as appropriate under Section 
17-18a-202
 or 
17-18a-203
, in the county in which a cause of action arises, shall bring an action, 
civil or criminal, requested by the director, to abate a condition that exists in violation 
of, or to prosecute for the violation of, or to enforce, the laws or the standards, orders, 
and rules of the board or the director issued under this chapter.
(c)
The director may initiate an action under this section and be represented by the 
attorney general.
(9)
If a person fails to comply with a cease and desist order that is not subject to a stay 
pending administrative or judicial review, the director may initiate an action for and be 
entitled to injunctive relief to prevent any further or continued violation of the order.
(10)
A political subdivision of the state may enact and enforce ordinances or rules for the 
implementation of this chapter that are not inconsistent with this chapter.
(11)
(a)
Except as provided in 
Subsection
Subsections 
19-5-108.3(7)(d)
 and
19-5-115
(11)(b)
 and (c)
, 
the department shall deposit 
penalties 
assessed
imposed
 and 
collected under the authority of this section 
shall be deposited 
into the General 
Fund.
(b)
The department may reimburse itself and local governments from money collected 
from civil penalties for extraordinary expenses incurred in environmental 
enforcement activities.
(c)
The department shall regulate reimbursements by making rules, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(i)
define qualifying environmental enforcement activities; and
(ii)
define qualifying extraordinary expenses.
(12)
(a)
For purposes of this section or an ordinance or rule enacted by a political 
subdivision under Subsection (10), an act performed by an individual wholly within 
the scope of the individual's employment with an organization, is attributed to the 
organization.
(b)
Notwithstanding the other provisions of this section, an action may not be brought 
against an individual acting wholly within the scope of the individual's employment 
with an organization if the action is brought under:
(i)
this section;
(ii)
an ordinance or rule issued by a political subdivision under Subsection (10); or
(iii)
any local law or ordinance governing discharge.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 2:30 PM