2006 Utah Code - 19-5-104 — Powers and duties of board.

     19-5-104.   Powers and duties of board.
     (1) The board has the following powers and duties, but the board shall give priority to pollution that results in hazards to the public health:
     (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 to further the purposes of this chapter;
     (c) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and causes of water pollution as the board finds necessary 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 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;
     (f) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, taking into account Subsection (2), to:
     (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 loans;
     (B) requirements for determination of eligible projects;
     (C) requirements for determination of the costs upon which loans are based, which costs may include engineering, financial, legal, and administrative expenses necessary for the construction, reconstruction, and improvement of sewage treatment plants, including major interceptors, collection systems, and other facilities 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;
     (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 requiring the modification, extension, or alteration of existing treatment works as specified by board rule or any parts of them, or 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; and

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     (iv) requiring compliance with this chapter and with rules made under this chapter;
     (h) review plans, specifications, or other data relative to disposal systems or any part of disposal systems, and issue construction permits for the installation or modification of treatment works or any parts of them;
     (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 prescribe to control the management of sewage sludge or to prevent or control the discharge of pollutants, including effluent limitations for the discharge of wastes into the waters of the state;
     (j) give reasonable consideration in the exercise of its powers and duties to the economic impact 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 administrative efficiency;
     (l) meet the requirements of federal law related to water pollution;
     (m) establish and conduct a continuing planning process for control of water pollution including the specification and implementation of maximum daily loads of pollutants;
     (n) make rules governing inspection, monitoring, recordkeeping, and reporting requirements for underground injections and require permits for them, 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 any contaminant in underground water which supplies or can reasonably be expected to supply any public water system, as defined in Section 19-4-102; and
     (ii) the presence of the contaminant may result in the public water system not complying with any national primary drinking water standards or may 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 certification of operators of treatment works and sewerage systems operated by political subdivisions;
     (q) notwithstanding the provisions of Section 19-4-112, make rules governing design and construction of irrigation systems which 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 which are constructed after May 4, 1998; and
     (r) (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.
     (2) In determining eligible project costs and in establishing priorities pursuant to Subsection (1)(f)(i), the board shall take into consideration the availability of federal grants.
     (3) In establishing certification rules under Subsection (1)(p), the board shall:
     (a) base the requirements for certification on the size, treatment process type, and complexity 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 initial certification;

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     (c) allow new operators one year from the date they are 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;
     (d) 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
     (e) 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:
     (i) is in charge of and responsible for the treatment works or sewerage system on March 16, 1991;
     (ii) has been employed at least ten years in the operation of that treatment works or sewerage system prior to March 16, 1991; and
     (iii) demonstrates to the board his capability to operate the treatment works or sewerage system at which he is currently employed by providing employment history and references as required by the board.

Amended by Chapter 179, 2006 General Session