Utah Code 19-5-105. Rulemaking authority and procedure
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(1) Except as provided in Subsections (2) and (3), no rule that the 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. In making rules, the board may incorporate by reference corresponding federal regulations.
Terms Used In Utah Code 19-5-105
- Agriculture water: means :(2)(a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;(2)(b) return flows from irrigated agriculture; and(2)(c) agricultural storm water runoff. See Utah Code 19-5-102
- Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 regulations are 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.(3) The board may make rules related to agriculture water more stringent than the corresponding federal regulations if the commission approves.