§ 19-4-104 — Powers of board.

(1) (1)(a) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(1)(a)(i) establishing standards that prescribe the maximum contaminant levels in a public water system and provide for monitoring, record-keeping, and reporting of water quality related matters;
(1)(a)(ii) governing design, construction, operation, and maintenance of public water systems;
(1)(a)(iii) granting variances and exemptions to the requirements established under this chapter that are not less stringent than those allowed under federal law;
(1)(a)(iv) protecting watersheds and water sources used for public water systems;
(1)(a)(v) governing capacity development in compliance with Section 1420 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and
(1)(a)(vi) for a community water system failing to comply with the reporting requirements under Subsections (1)(c)(iv) and (v):

(1)(a)(vi)(A) establishing fines and penalties, including posting on the division's web page those community water systems that fail to comply with the reporting requirements; and
(1)(a)(vi)(B) allowing a community water system, in lieu of penalties established under Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the director that requires compliance and establishes a compliance schedule approved by the director.
(1)(b) The board may:
(1)(b)(i) hold a hearing that is not an adjudicative proceeding relating to an aspect of, or matter in, the administration of this chapter;
(1)(b)(ii) appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding;
(1)(b)(iii) recommend that the director:

(1)(b)(iii)(A) issue an order necessary to enforce this chapter;
(1)(b)(iii)(B) enforce an order by appropriate administrative and judicial proceedings;
(1)(b)(iii)(C) institute a judicial proceeding to secure compliance with this chapter; or
(1)(b)(iii)(D) advise, consult, contract, and cooperate with another agency of the state, a local government, an industry, another state, an interstate or interlocal agency, the federal government, or an interested person; or
(1)(b)(iv) request and accept financial assistance from other public agencies, private entities, and the federal government to carry out the purposes of this chapter.
(1)(c) The board shall:
(1)(c)(i) require the submission to the director of plans and specifications for construction of, substantial addition to, or alteration of public water systems for review and approval by the director before that action begins and require any modifications or impose any conditions that may be necessary to carry out the purposes of this chapter;
(1)(c)(ii) 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, and others necessary to carry out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of local jurisdictions;
(1)(c)(iii) 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;
(1)(c)(iv) require a community water system serving a population of 500 or more to annually collect accurate water use data, described in Subsection (7), and annually report that data to the Division of Water Rights;
(1)(c)(v) require a certified operator, or a professional engineer performing the duties of a certified water operator, to verify by certification or license number the accuracy of water use data reported by a public water system, including the data required from a community water system under Subsection (1)(c)(iv);
(1)(c)(vi) meet the requirements of federal law related or pertaining to drinking water; and
(1)(c)(vii) to ensure compliance with applicable statutes and rules:

(1)(c)(vii)(A) review a settlement negotiated by the director in accordance with Subsection 19-4-109(3) that requires a civil penalty equal to or greater than $25,000; and
(1)(c)(vii)(B) approve or disapprove the settlement described in Subsection (1)(c)(vii)(A).
(2) (2)(a) The board may adopt standards and establish fees for certification of operators of a public water system.
(2)(b) The board may not require certification of operators for a water system serving a population of 800 or less except:
(2)(b)(i) to the extent required for compliance with Section 1419 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and
(2)(b)(ii) for a system that is required to treat its drinking water.
(2)(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 public water system's ability to provide an adequate supply of water are exempt from Subsection (1)(c)(i).
(4) (4)(a) The board may adopt standards and establish fees for certification of persons engaged in administering cross connection control programs or backflow prevention assembly training, repair, and maintenance testing.
(4)(b) The certification program shall be funded from certification and renewal fees.
(5) 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 this chapter:

(5)(a) a permit;
(5)(b) a license;
(5)(c) a registration;
(5)(d) a certificate; or
(5)(e) another administrative authorization made by the director.
(6) 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.
(7) (7)(a) The water use data required to be collected in Subsection (1)(c)(iv) shall include peak day source demand, average annual demand, the number of equivalent residential connections for retail service, and the quantity of non-revenue water.
(7)(b) The division may, by rule, establish:
(7)(b)(i) other types of water use data required to be collected in addition to that listed in Subsection (7)(a); and
(7)(b)(ii) alternative methods for calculating the water use data listed in Subsection (7)(a).

Legislative History

Amended by Chapter 256, 2020 General Session