(1)  The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director.

Terms Used In Utah Code 19-5-106

  • Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
  • Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
  • Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
  • Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
  • Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Land: includes :Utah Code 68-3-12.5
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102
  • 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
  • Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
  • Writing: includes :Utah Code 68-3-12.5
(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;

(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;

(k)  subject to Subsection 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;

(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.

Amended by Chapter 176, 2023 General Session

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