(1)As used in this section:
(1)(a) (1)(a)(i) "Applicant" means a person that applies for an authorization to discharge under a construction storm water permit to conduct or propose to conduct a use of land for a construction site.
(1)(a)(ii) "Applicant" includes a person granted an authorization to discharge under a construction storm water permit once the authorization has been granted.
(1)(b) "Application" means a construction storm water permit application.
(1)(c) "Authority" means the Division of Water Quality or a municipal system authority.
(1)(d) "Best management practice" means the methods, measures, or practices in compliance with 40 C.F.R. Part 450. (1)(e) "Construction storm water permit" means a permit required for soil disturbances where the construction activity causes a soi
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(1) As used in this section:
(1)(a) (1)(a)(i) "Applicant" means a person that applies for an authorization to discharge under a construction storm water permit to conduct or propose to conduct a use of land for a construction site.
(1)(a)(ii) "Applicant" includes a person granted an authorization to discharge under a construction storm water permit once the authorization has been granted.
(1)(b) "Application" means a construction storm water permit application.
(1)(c) "Authority" means the Division of Water Quality or a municipal system authority.
(1)(d) "Best management practice" means the methods, measures, or practices in compliance with 40 C.F.R. Part 450.
(1)(e) "Construction storm water permit" means a permit required for soil disturbances where the construction activity causes a soil disturbance of:
(1)(e)(i) an acre or more; or
(1)(e)(ii) less than an acre if the application is part of a common plan of development or sale.
(1)(f) "Electronic site inspection" means geo-located and time-stamped photographs the applicant takes, evaluates, and submits electronically to the authority.
(1)(g) "Immediate threat" means contaminants are entering a river, a stream, or a lake.
(1)(h) "Imminent threat" means contaminants are anticipated to be discharged into a river, a stream, or a lake within 48 hours.
(1)(i) "Municipal system authority" means the entity that is responsible for the oversight of the municipal system.
(1)(j) "Municipal system" means a municipal separate storm sewer system described in 40 C.F.R. Sec. 122.26.
(1)(k) "Oversight inspection" means a construction site inspection performed by the authority to impose compliance with the permit.
(1)(l) "Permit" means a construction storm water permit.
(1)(m) "Prevention plan" means the storm water pollution prevention plan described in 40 C.F.R. Sec. 122.26.
(1)(n) "Program" means a program described in Subsection 19-5-104(3)(a).
(1)(o) (1)(o)(i) "State transportation project" means a state project on public land to construct, reconstruct, replace, improve, maintain, or preserve transportation infrastructure.
(1)(o)(ii) "State transportation project" includes:
(1)(o)(ii)(A) a highway; or
(1)(o)(ii)(B) a public transit facility.
(2) The authority may not make or enforce a rule, an ordinance, or a policy regarding the municipal system, more stringent than the corresponding federal regulations under the federal Clean Water Act, unless expressly permitted by state statute.
(3) (3)(a) Each authority shall determine the authority's preferred best management practices.
(3)(b) Each authority shall publish the authority's preferred best management practices on the authority's website.
(4) Each authority shall:
(4)(a) maintain a list of requirements that make a complete application for a prevention plan approval; and
(4)(b) publish the list described in Subsection (4)(a) on the authority's website.
(5) Except as described in Section 19-5-105, the list of requirements described in Subsection (4)(a) may not exceed the application requirements of 40 C.F.R. Part 122, Subpart B.
(6) (6)(a) To apply for a prevention plan approval with a municipal system authority, an applicant shall submit to the municipal system authority a prevention plan for review.
(6)(b) A municipal system authority has 14 business days after the day on which an applicant submits a prevention plan to review the prevention plan for compliance with local ordinances, state law, and federal law.
(6)(c) A municipal system authority may request more information, or modification to the prevention plan, if the request:
(6)(c)(i) for more information, lists specifically why the prevention plan is noncompliant; and
(6)(c)(ii) for modification:
(6)(c)(ii)(A) includes citations to the permit requirements, local ordinances, state law, or federal law that require the modification to the prevention plan; and
(6)(c)(ii)(B) is logged in an index of requested modification.
(6)(d) The municipal system authority has five business days after the day on which the applicant submits the information or modification described in Subsection (6)(b) to complete the review of the prevention plan.
(6)(e) Once the review of the prevention plan is complete, the municipal system authority shall notify the applicant, in writing, whether the authorization to discharge is granted.
(7) (7)(a) The authority:
(7)(a)(i) shall notify the applicant, in writing, of a specific violation;
(7)(a)(ii) shall provide the applicant a reasonable time of at least one business day to correct the specific violation; and
(7)(a)(iii) may perform an inspection to verify that the applicant corrects the specific violation.
(7)(b) If an applicant does not correct the specific violation described in Subsection (7)(a)(i) within the timeline set under Subsection (7)(a)(ii), the authority:
(7)(b)(i) shall issue a written warning, that the applicant has not corrected the specific violation;
(7)(b)(ii) may impose a fine if the applicant does not correct the specific violation within no less than an additional one business day; and
(7)(b)(iii) may perform an inspection to verify that the applicant corrected the specific violation.
(7)(c) If an applicant does not correct the specific violation for which the applicant received notice in accordance with Subsection (7)(a)(i) within the timeline set under Subsection (7)(b), the authority:
(7)(c)(i) shall notify the applicant, in writing, that the applicant has not corrected the specific violation; and
(7)(c)(ii) may impose an administrative fine for each occurrence as follows:
(7)(c)(ii)(A) $500 per occurrence for working without an approved storm water permit;
(7)(c)(ii)(B) $300 per occurrence for tracking mud on road;
(7)(c)(ii)(C) $250 per occurrence for failure to clean up or report spills;
(7)(c)(ii)(D) $100 per occurrence for failure to conduct storm water inspections;
(7)(c)(ii)(E) $100 per occurrence for failure to maintain storm water records; and
(7)(c)(ii)(F) $500 per site, per occurrence, for failure to use general best management practices, as determined by the authority; and
(7)(c)(iii) may impose the administrative fine:
(7)(c)(iii)(A) for each business day the specific violation continues beginning on the day after the day on which the authority issues the administrative fine; and
(7)(c)(iii)(B) within 30 days after the day on which the applicant corrects the violation.
(7)(d) The authority shall:
(7)(d)(i) impose each fine in writing and clearly document the specific violation in the writing; and
(7)(d)(ii) deposit collected fines into a restricted account for education and outreach under a program.
(7)(e) Except as provided in Subsection (7)(f), the authority may not issue an order to stop construction activity for a violation if:
(7)(e)(i) an applicant selects the preferred best management practice for the site conditions;
(7)(e)(ii) an applicant implements and properly uses the preferred best management practices; and
(7)(e)(iii) the violation results from a deficiency in the preferred best management practice.
(7)(f) The authority may issue an order to stop construction if the authority has a clearly documented reason articulating an immediate threat to water quality.
(7)(g) The authority may recoup the reasonable costs incurred to correct a specific violation the applicant refuses to correct after the enforcement process described in this Subsection (7) has been exhausted if the authority, at the time of clean up, determines there is an imminent threat of significant harm to water quality or the storm water system.
(7)(h) An authority may not impose a fine for any reason except as provided in Subsection (7).
(8) (8)(a) Subsections (3) through (7) do not apply to the Department of Transportation.
(8)(b) The Department of Transportation may implement financial disincentives as part of a project contract or specifications.
(8)(c) The Department of Transportation may use financial disincentives under this Subsection (8) to offset the cost of a state transportation project.
(9) (9)(a) The authority shall develop a checklist for a pre-construction prevention plan review that is consistent with the current EPA Construction General Permit.
(9)(b) The applicant, or an applicant's designee, shall participate in the pre-construction site inspections.
(9)(c) The authority may conduct a pre-construction site inspection in person or using an electronic site inspection tool.
(10) (10)(a) The authority that owns the municipal system that accepts runoff from the construction site shall inspect the construction site.
(10)(b) Each authority shall develop, publish, and implement standard operating procedures, forms, or similar types of documents for construction site inspections.
(10)(c) The applicant shall allow construction site inspections by the authority.
(11) (11)(a) Except as provided in Subsection (12), the authority shall conduct an oversight inspection through an electronic site inspection.
(11)(b) Photographs submitted for electronic site inspection shall:
(11)(b)(i) include meta data verifying the date, time, and GPS location corresponding to the construction site; and
(11)(b)(ii) be of sufficient resolution and clarity to assess compliance with general best management practices.
(11)(c) An applicant may opt out of the electronic site inspection and instead elect an on-site inspection.
(12) The authority may conduct an on-site inspection if the authority:
(12)(a) has a documented reason for justifying an on-site oversight inspection, which may include:
(12)(a)(i) alterations of electronic photographs;
(12)(a)(ii) failure to submit an electronic site inspection at the appropriate time; or
(12)(a)(iii) the construction site is within one-half mile of a river, a stream, or a lake;
(12)(b) is inspecting a state transportation project; or
(12)(c) is inspecting a military project.
(13) Only the authority that owns the municipal system that accepts runoff from the construction site may require post-construction maintenance agreements.