Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          H.B. 507
Approved for Filing: T. Moore 6                             rd
                                                                   3 Sub. (Cherry)
          6 02-26-24 3:47 PM 6
                Representative Calvin R. Musselman proposes the following substitute bill:
                             CONSTRUCTION AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                             Chief Sponsor: Calvin R. Musselman
                               Senate Sponsor: Curtis S. Bramble
 6
 LONG TITLE
 General Description:
        This bill addresses construction site storm water runoff controls.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < authorizes the Division of Water Quality to implement and enforce a program to
 reduce pollutants from construction sites impacting storm water runoff;
        < establishes standards regarding the issuance of a permit;
        < establishes penalties for non-compliance; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:                                                                    3 rdSub. H.B. 507
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        19-5-105, as last amended by Laws of Utah 2011, Chapter 155
 ENACTS:
     *HB0507S03*
       3rd Sub. (Cherry) H.B. 507                                                 02-26-24 3:47 PM
        19-5-108.3, Utah Code Annotated 1953
27
 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 executive
 director, director, or 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 [which address the same circumstances].
        (b) In making rules, the executive director, director, or board may incorporate by
 reference corresponding federal regulations.
        (2) (a) The executive director, director, or board may not make rules or requirements
 for permits that are more stringent than corresponding federal regulations for the purpose
 described in Subsection (1), [only if it] unless 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) [Those findings shall be accompanied by] The board shall include with a written
 finding described in Subsection (2)(a) an opinion referring to and evaluating the public health
 and environmental information and studies contained in the record [which] that form the basis
 for the board's conclusion.
        (3) The executive director, director, or board may make rules related to agriculture
 water more stringent than the corresponding federal regulations if the commission approves.
        Section 2. Section 19-5-108.3 is enacted to read:
        19-5-108.3. Construction site storm water runoff control.
        (1) As used in this section:
        (a) "Applicant" means a person that applies for a prevention plan permit to conduct or
 propose to conduct a use of land for a construction site.
        (b) "Application" means a prevention plan permit application.
        (c) "Best management practice" means the management practice described in the
 federal Clean Water Act.
        (d) "Electronic site inspection" means geo-located and time-stamped photos taken and
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       02-26-24 3:47 PM                                                 3rd Sub. (Cherry) H.B. 507
 submitted electronically by the applicant to the division or the municipal system.
         (e) "Municipal system" means a separate municipal storm water system described in
 the federal Clean Water Act.
         (f) "Oversight inspection" means a construction site inspection performed by the
 division or municipal system to assess compliance with the permit.
         (g) "Permit" means a permit for a prevention plan.
         (h) "Prevention plan" means the storm water pollution prevention plan described in the
 federal Clean Water Act.
         (i) "Program" means the program described in Subsection (2).
         (2) (a) The division shall, in accordance with the requirements of this section,
 implement and enforce a program to reduce pollutants in storm water runoff from a
 construction site with a land disturbance of:
         (i) greater than or equal to one acre; or
         (ii) less than one acre, if the construction site is part of a larger common plan of
 development or sale that collectively disturbs land greater than or equal to one acre.
         (b) Subsection (2)(a) applies to both public and private projects.
         (3) (a) No permit, rule, or action by the division or a municipal system for the purpose
 of administering the program may be more stringent than the minimum requirements of the
 federal Clean Water Act or the federal Safe Drinking Water Act.
         (b) In making rules or permit requirements, the executive director, director, or board
 shall incorporate by reference the corresponding federal regulations.
         (4) Neither the division nor a municipal system may deviate from the federal Clean
 Water Act or the federal Safe Drinking Water Act, unless the deviation is expressly permitted
 by state statute.
         (5) (a) The division and each municipal system shall determine the division's or the
 municipal system's preferred best management practice methods.
         (b) The division and each municipal system shall publish the division's or the
 municipal system's preferred best management practice methods on a website controlled by the
 division or the municipal system.
         (6) The division and each municipal system shall:
         (a) maintain a list of requirements that make a complete application for a prevention
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        3rd Sub. (Cherry) H.B. 507                                                    02-26-24 3:47 PM
 plan permit; and
         (b) publish on a website controlled by the division or the municipal system the list
 described in Subsection (6)(a).
         (7) The list described in Subsection (6)(a) may not exceed the template in the federal
 Clean Water Act.
         (8) (a) The division and each municipal system shall complete the review of the
 prevention plan permit within 14 business days after the day on which the applicant submits a
 complete prevention plan permit.
         (b) The division or municipal system may request more information, or modification to
 the prevention plan permit, if the request:
         (i) is specific;
         (ii) includes citations to local ordinances, or state or federal law that require the
 modification to the prevention plan; and
         (iii) is logged in an index of requested modification.
         (c) The division or municipal system has 14 business days after the day on which the
 applicant submits the information or modification described in Subsection (8)(b) to complete
 the review of the prevention plan permit.
         (9) Neither the division nor a municipal system may impose a penalty or fine in
 addition to the penalty described in Subsection (11).
         (10) Any violation found by the division or the municipality shall not result in a
 penalty if:
         (a) an applicant has implemented and properly maintained the best management
 practices as described in Subsection (5), by the division or by the municipality; and
         (b) the violation is a result of a deficiency in the best management practice.
         (11) (a) The division or municipality:
         (i) shall notify the applicant, in writing, of a violation;
         (ii) shall provide the applicant a reasonable time of at least 24 hours to cure the
 violation; and
         (iii) may perform an inspection to verify that the violation is cured, or the applicant
 demonstrates that the violation is cured through electronic site inspection.
         (b) If the violation described in Subsection (11)(a)(i) is not cured within the deadline
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        02-26-24 3:47 PM                                                 3rd Sub. (Cherry) H.B. 507
 set under Subsection (11)(a)(ii), the division or municipality:
        (i) shall notify the applicant, in writing, that the violation has not been cured;
        (ii) may issue a written warning that construction activity may be stopped if the
 violation is not cured within no less than another 24 hour period; and
        (iii) may perform an inspection to verify that the violation is cured, or the applicant
 demonstrates that the violation is cured through electronic site inspection.
        (c) If the violation described in Subsection (11)(a)(i) is not cured within the deadline
 set under Subsection (11)(b), the division or municipality:
        (i) shall notify the applicant, in writing, that the violation has not been cured; and
        (ii) may order the applicant to stop construction activity until the division or
 municipality performs an inspection to verify that the violation is cured, or the applicant
 demonstrates that the violation is cured through electronic site inspection.
        (d) The division or a municipal system may not impose a penalty described in this
 Subsection (11) later than 30 days after the day on which the division or municipal system
 provides the preceding notice of violation or continuing violation required.
        (e) The division or a municipal system may not issue an order to stop construction
 earlier than the occasion described in Subsection (11)(c)(ii) unless the division or municipality
 has a clearly documented reason articulating an immediate threat to public safety.
        (f) The division or municipal system may recoup the costs incurred to cure a violation
 the applicant refuses to cure after the enforcement process has been exhausted if the division or
 municipal system, at the time of clean up, determines a significant harm to the storm water
 system is imminent.
        (12) (a) The division and the municipal system shall develop a checklist for a
 pre-construction prevention plan review that is consistent with the federal Clean Water Act.
        (b) The applicant, or an applicant's designee, shall participate in the pre-construction
 site inspections.
        (c) The division or a municipal system may conduct a pre-construction site inspection
 in person or using an electronic site inspection tool.
        (13) The division shall develop, publish, and implement standard operating procedures,
 forms, or similar types of documents for construction site inspections.
        (14) An oversight inspection shall be conducted by the division or the municipal
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        3rd Sub. (Cherry) H.B. 507                                                 02-26-24 3:47 PM
 system through electronic site inspection.
        (15) The division or the municipality may require an on-site construction site
 inspection if the division or municipality has a documented reason for justifying an on-site
 construction site inspection.
        (16) The division shall:
        (a) develop and publish a procedure for the applicant to notify the division or
 municipal system that the applicant has completed active construction and is prepared for the
 division or 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 division or a municipal system issues the permit.
        Section 3. Effective date.
        This bill takes effect on January 1, 2025.
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Statutes affected: 
Introduced: 19-5-105
Enrolled: 19-5-105
H.B. 507 1st Substitute (Not Adopted) Text: 19-5-105
H.B. 507 2nd Substitute : 19-5-105
H.B. 507 3rd Substitute : 19-5-105
H.B. 507 5th Substitute (Not Adopted) Text: 19-5-105
H.B. 507 3rd Substitute (Not Adopted) Text: 19-5-105
H.B. 507 2nd Substitute (Not Adopted) Text: 19-5-105