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[Utah Code Table of Contents]
[TITLE 19. Table of Contents]
19-4-101 Short title.
This chapter is known as the "Safe Drinking Water Act."
1991
19-4-102 Definitions.
As used in this chapter:
(1) "Board" means the Drinking Water Board.
(2) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.
(3) "Executive secretary" means the executive secretary of the board.
(4) "Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.
(5) "Public water system" means a system providing water for human consumption and other domestic uses, which has at least 15 service connections or serves an average of 25 individuals daily for at least 60 days of the year and includes collection, treatment, storage, and distribution facilities under the control of the operator and used primarily in connection with the system, and collection, pretreatment or storage facilities used primarily in connection with the system but not under his control.
(6) "Supplier" means a person who owns or operates a public
water system.
1991
19-4-103 Drinking Water Board - Members - Organization - Meetings - Per diem and expenses.
(1) The board created under Section 19-1-106 comprises 11 members, one of whom is the executive director and the remainder of whom shall be appointed by the governor with the consent of the Senate.
(2) No more than five appointed members shall be from the same political party.
(3) The appointed members shall be knowledgeable about drinking water and public water systems and shall represent different geographical areas within the state insofar as practicable.
(4) The ten appointed members shall be appointed from the following areas:
(a) two elected officials of municipal government or their representatives involved in management or operation of public water systems;
(b) two representatives of improvement districts, water conservancy districts, or metropolitan water districts;
(c) one representative from an industry which manages or operates a public water system;
(d) one registered professional engineer with expertise in civil or sanitary engineering;
(e) one representative from the state water research community or from an institution of higher education which has comparable expertise in water research;
(f) two representatives of the public who do not represent other interests named in this section and who do not receive, and have not received during the past two years, a significant portion of their income, directly or indirectly, from suppliers; and
(g) one representative from a local health department.
(5) (a) Members of the Utah Safe Drinking Water Committee created by Chapter 126, Laws of Utah 1981, shall serve as members of the board throughout the terms for which they were appointed.
(b) Except as required by Subsection (5)(c), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(7) Each member holds office until the expiration of the member's term, and until a successor is appointed, but not for more than 90 days after the expiration of the term.
(8) The board shall elect annually a chair and a vice chair from its members.
(9) (a) The board shall meet at least quarterly.
(b) Special meetings may be called by the chair upon his own initiative, upon the request of the executive secretary, or upon the request of three members of the board.
(c) Reasonable notice shall be given each member of the board prior to any meeting.
(10) Six members constitute a quorum at any meeting and the action of the majority of the members present is the action of the board.
(11) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per
diem and expenses for their service.
2002
19-4-104 Powers of board.
(1) The board may:
(a) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act:
(i) establishing standards that prescribe the maximum contaminant levels in any public water system and provide for monitoring, record-keeping, and reporting of water quality related matters;
(ii) governing design, construction, operation, and maintenance of public water systems;
(iii) granting variances and exemptions to the requirements established under this chapter that are not less stringent than those allowed under federal law;
(iv) protecting watersheds and water sources used for public water systems; and
(v) governing capacity development in compliance with Section 1420 of the federal Safe Drinking Water Act, 42 U.S.C.A. 300f et seq.;
(b) issue orders necessary to enforce the provisions of this chapter, enforce the orders by appropriate administrative and judicial proceedings, and institute judicial proceedings to secure compliance with this chapter;
(c) (i) hold hearings relating to the administration of this chapter and compel the attendance of witnesses, the production of documents and other evidence, administer oaths and take testimony, and receive evidence as necessary; or
(ii) appoint hearing officers and authorize them to exercise powers under this Subsection (1)(c);
(d) require the submission to the executive secretary of plans and specifications for construction of, substantial addition to, or alteration of public water systems for review and approval by the board before that action begins and require any modifications or impose any conditions that may be necessary to carry out the purposes of this chapter;
(e) advise, consult, cooperate with, provide technical assistance to, and enter into agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies, municipalities, local health departments, educational institutions, or others necessary to carry out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of local jurisdictions;
(f) request and accept financial assistance from other public agencies, private entities, and the federal government to carry out the purposes of this chapter;
(g) develop and implement an emergency plan to protect the public when declining drinking water quality or quantity creates a serious health risk and issue emergency orders if a health risk is imminent;
(h) authorize employees or agents of the department, after reasonable notice and presentation of credentials, to enter any part of a public water system at reasonable times to inspect the facilities and water quality records required by board rules, conduct sanitary surveys, take samples, and investigate the standard of operation and service delivered by public water systems;
(i) meet the requirements of federal law related or pertaining to drinking water; and
(j) exercise all other incidental powers necessary to carry out the purpose of this chapter.
(2) (a) The board may adopt and enforce standards and establish fees for certification of operators of any public water system.
(b) The board may not require certification of operators for a water system serving a population of 800 or less except:
(i) to the extent required for compliance with Section 1419 of the federal Safe Drinking Water Act, 42 U.S.C.A. 300f et seq.; and
(ii) for a system that is required to treat its drinking water.
(c) The certification program shall be funded from certification and renewal fees.
(3) Routine extensions or repairs of existing public water systems that comply with the rules and do not alter the system's ability to provide an adequate supply of water are exempt from the provisions of Subsection (1)(d).
(4) (a) The board may adopt and enforce standards and establish fees for certification of persons engaged in administering cross connection control programs or backflow prevention assembly training, repair, and maintenance testing.
(b) The certification program shall be funded from certification
and renewal fees.
2002
19-4-105 Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding
federal regulations for the purpose described in Subsection
(1), only if it makes a written finding after public comment
and hearing, and based on evidence in the record, that the
corresponding federal regulation is not adequate to protect
public health and the environment of the state. Those findings
shall be accompanied by an opinion referring to and evaluating
the public health and environmental information and studies
contained in the record which form the basis for the board's
conclusion.
1991
19-4-106 Executive secretary to board - Appointment - Authority.
An executive secretary to the board shall be appointed by the executive director, with the approval of the board, and serve under the direction of the executive director. The executive secretary may:
(1) develop programs to promote and protect the quality of the public drinking water supplies of the state;
(2) advise, consult, and cooperate with other agencies of this and other states, the federal government, and with other groups, political subdivisions, and industries in furtherance of the purpose of this chapter;
(3) review plans, specifications, and other data pertinent to proposed or expanded water supply systems to insure proper design and construction; and
(4) as authorized by the board and subject to the provisions of this chapter, enforce rules made by the board through the issuance of orders which may be subsequently revoked, which rules may require:
(a) discontinuance of use of unsatisfactory sources of drinking water;
(b) suppliers to notify the public concerning the need to boil water; and
(c) suppliers in accordance with existing rules, to take
remedial actions necessary to protect or improve an existing
water system.
1991
19-4-107 Notice of violation of rule or order - Action by attorney general.
(1) Upon discovery of any violation of a rule or order of the board, the board or its executive secretary shall promptly notify the supplier of the violation, state the nature of the violation, and issue an order requiring correction of that violation or the filing of a request for variance or exemption by a specific date.
(2) The attorney general shall, upon request of the board,
commence an action for an injunction or other relief relative
to the order.
1991
19-4-108 Supplier - Variance or exemption - Failure to comply - Violation of chapter - Public notice.
When a supplier has a variance or exemption granted, has
failed to comply with the terms of a variance or exemption,
or has been finally determined to have committed a violation
of this chapter, the supplier shall provide public notice
of that fact as provided by the rules of the board.
1991
19-4-109 Violations - Penalties - Reimbursement for expenses.
(1) Any person that violates any rule or order made or issued pursuant to this chapter is subject to a civil penalty of not more than $1,000 per day for each day of violation. The board may assess and make a demand for payment of a penalty under this section by directing the executive secretary to issue a notice of agency action under Title 63, Chapter 46b, Administrative Procedures Act.
(2) (a) Any person that willfully violates any rule or order made or issued pursuant to this chapter, or that willfully fails to take any corrective action required by such an order, is guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each day of violation.
(b) In addition, the person is subject, in a civil proceeding, to a penalty of not more than $5,000 per day for each day of violation.
(3) (a) Except as provided in Subsection (b), all penalties assessed and collected under the authority of this section shall be deposited in the General Fund.
(b) The department may reimburse itself and local governments from monies collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities.
(c) The department shall regulate reimbursements by making rules that:
(i) define qualifying environmental enforcement activities; and
(ii) define qualifying extraordinary expenses.
1998
19-4-110 Local jurisdiction over water supply systems.
Nothing in this chapter alters the authority of local
jurisdictions to control water supply systems within the
local jurisdiction provided that any local laws, ordinances,
or rules and regulations are not inconsistent with this chapter
and rules made under authority of this chapter.
1991
19-4-111 Fluorine added to or removed from water - Election required.
(1) (a) Except as provided in Subsection 19-4-104 (1)(a)(i), public water supplies, whether state, county, municipal, or district, may not have fluorine or any of its derivatives or compounds added to or removed from them without the approval of a majority of voters in an election in the area affected.
(b) An election shall be held:
(i) upon the filing of an initiative petition requesting the action in accordance with state law governing initiative petitions;
(ii) in the case of a municipal, special district, or county water system which is functionally separate from any other water system, upon the passage of a resolution by the legislative body or special district board representing the affected voters, submitting the question to the affected voters at a municipal general election; or
(iii) in a county of the first or second class, upon the passage of a resolution by the county legislative body to place an opinion question relating to all public water systems within the county, except as provided in Subsection (2), on the ballot at a general election.
(2) If a majority of voters on an opinion question under Subsection (1)(b)(iii) approve the addition of fluorine to or the removal of fluorine from the public water supplies within the county, the local health departments shall require the addition of fluorine to or the removal of fluorine from all public water supplies within that county other than those systems:
(a) that are functionally separate from any other public water systems in that county; and
(b) where a majority of the voters served by the public water system voted against the addition or removal of fluorine on the opinion question under Subsection (1)(b)(iii).
(3) Nothing contained in this section prohibits the addition of chlorine or other water purifying agents.
(4) Any political subdivision which, prior to November 2, 1976, decided to and was adding fluorine or any of its derivatives or compounds to the drinking water is considered to have complied with Subsection (1).
(5) In an election held pursuant to Subsections (1)(b)(i), (ii), or (iii), where a majority of the voters approve the addition to or removal of fluorine from the public water supplies, no election to consider removing fluorine from or adding fluorine to the public water supplies shall be held for a period of four years from the date of approval by the majority of voters beginning with elections held in November 2000.
(6) For purposes of this section, "removal" means ceasing
to add fluorine to a public water supply, the addition having
been previously approved by the voters of a political subdivision.
2003
19-4-111.1 Provision of fluoridated water - Request of resident.
A public water system in a county of the first or second class whose entire water inventory is fluoridated may supply water to a residence or business in a municipality that is located in two counties, one that has approved fluoridation and one that has not approved fluoridation in accordance with Subsection 19-4-111 (1) if:
(1) the owner requests that the public water system supply water to the residence or business;
(2) no reasonable alternative water supply exists; and
(3) the owner's request can be fulfilled without affecting
other residences or businesses in the municipality or county
that has not approved fluoridation.
2002
19-4-111.2 Provision of fluoridated water - Emergency circumstances.
(1) A public water system that is simultaneously supplying water to a municipality or county that approved fluoridation in accordance with Section 19-4-111 and a municipality or county that has not approved fluoridation may provide water from its fluoridated inventory to a municipality or county that has not approved fluoridation if:
(a) as a result of a short-term emergency, the only water available is from the public water system's fluoridated inventory;
(b) the public water system ceases providing fluoridated water to the municipality or county that has not approved fluoridation in accordance with Subsection 19-4-111 (1) in a time consistent with repair times following best industrial practice; and
(c) where feasible provide prompt notice to the affected area.
(2) (a) A resident of an affected area that does not wish to receive fluoridated water during an emergency may contact the public water system to have delivery of fluoridated water to their residence or business terminated.
(b) The resident shall determine when to resume delivery
of water and shall contact the public water system to have
delivery of water resumed.
2002
19-4-112 Limit on authority of department and board to control irrigation facilities - Precautions relating to nonpotable water systems.
(1) Except as provided in this section and in Section 19-5-104 , nothing contained in this chapter authorizes the department or board to:
(a) exercise administrative control over water used solely for irrigation purposes, whether conveyed in pipes, ditches, canals, or by other facilities; or
(b) adopt rules relating to the construction, operation, and maintenance of facilities for conveying irrigation water to the place of use.
(2) Where nonpotable water is conveyed in pipelines under pressure in areas served by a potable water system, the following precautions shall be observed:
(a) a distinctive coloring or other marking on all exposed portions of the nonpotable system shall be used;
(b) potable and nonpotable water system service lines and extensions shall be completely separated and shall be installed in separate trenches;
(c) all hydrants and sprinkling system control valves shall be operated by a removable key so that it is not possible to turn on the hydrant or valve without a key;
(d) there shall be no cross connection between the potable and nonpotable water systems;
(e) the nonpotable system shall not be extended into any building except greenhouses or other buildings for plant and animal production; and
(f) no connection in the nonpotable water system shall
be made except by the persons responsible for its management.
1998
