Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 349
                      WATER REUSE PROJECTS AMENDMENTS
                                     2023 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Casey Snider
                              Senate Sponsor: Michael K. McKell
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 LONG TITLE
 General Description:
        This bill addresses water reuse projects.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < addresses approval of water reuse projects, including providing that the director of
 the Division of Water Quality approves;
        < prohibits approval of certain water reuse projects impacting the Great Salt Lake;
        < authorizes rulemaking;
        < creates exceptions;
        < addresses water replacement plans;
        < provides for investigation of water reuse impacts as part of the integrated
 assessment of the Great Salt Lake; and
        < makes technical changes.
 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 2020, Chapter 256
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        19-5-106, as last amended by Laws of Utah 2012, Chapter 360
        73-3c-102, as enacted by Laws of Utah 2006, Chapter 179
        73-3c-301, as last amended by Laws of Utah 2008, Chapter 382
        73-3c-302, as last amended by Laws of Utah 2008, Chapter 382
        73-3c-304, as enacted by Laws of Utah 2006, Chapter 179
        73-10g-402, as enacted by Laws of Utah 2022, Chapter 81
 ENACTS:
        73-3c-103, Utah Code Annotated 1953
37
 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;
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         (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,
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 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;
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        (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) 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;]
        [(g)] (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
        [(h)] (g) to ensure compliance with applicable statutes and regulations:
        (i) review a settlement negotiated by the director in accordance with 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)(h)(i).] (3)(g)(i).
        (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
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 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.
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        Enrolled Copy                                                                            H.B. 349
        (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;
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         (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; [and]
         (k) subject to Subsection [19-5-104(3)(h),] 19-5-104(3)(g), 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;
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         (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. Section 73-3c-102 is amended to read:
         73-3c-102. Definitions.
         As used in this chapter:
         (1) "Director" means the director of the Division of Water Quality appointed under
 Section 19-5-106.
         (2) "Domestic wastewater" or "sewage" means:
         (a) a combination of the liquid or water-carried wastes from:
         (i) structures with installed plumbing facilities; and
         (ii) industrial establishments; and
         (b) any groundwater, surface water, and storm water that is present with the waste.
         (3) "Industrial facility" means a factory, mill, plant, mi