(1)  As used in this section:

Terms Used In Utah Code 19-5-108.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • 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
  • pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
(a)  “Applicant” means a person who is conducting or proposing to conduct a use of land and who a permittee requires or allows to use low impact development.

(b)  “Independent review” is a review conducted:

(i)  in accordance with this section; and

(ii)  by an engineer, or engineering firm, designated by the division as having technical expertise in the area of storm water calculations.

(c)  “Low impact development” means structural or natural engineered systems located close to the source of storm water that use or mimic natural processes to encourage infiltration, evapotranspiration, or reuse of the storm water.

(d)  “Permittee” means a municipality, metro township, or county with a storm water permit under the Utah Pollutant Discharge Elimination System.

(e)  “Storm water” means storm water runoff, snow melt runoff, and surface runoff and drainage.

(f)  “Storm water permit” means a permit issued to a permittee by the division for the permittee’s municipal separate storm sewer system.

(g)  “Utah Pollutant Discharge Elimination System” means the state-wide program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits under this chapter.

(2)  A permittee shall reduce any requirement for an applicant to manage or control storm water runoff rates or storm water runoff volumes for flood control purposes to account for the reduction in storm water associated with approved low impact development practices.

(3)  The director shall create and maintain a list of engineers, including engineering firms, capable of providing independent review of low impact development designs and storm water calculations for use by an applicant and a permittee pursuant to an appeal described in Subsection (4).

(4) 

(a)  An applicant who appeals a permittee’s determination regarding post-construction retention requirements under the permittee’s storm water permit may request the permittee to refer the appeal to independent review for purposes of determining the technical aspects of the appeal, including:

(i)  the required size of any low impact development system;

(ii)  the calculations of reductions in storm water runoff rates or storm water runoff volumes for flood control due to the use of low impact development; and

(iii)  the feasibility of constructing low impact development practices required by the permittee.

(b)  If an applicant makes a request under Subsection (4)(a):

(i)  the permittee shall:

(A)  select an engineer or engineering firm from the list described in Subsection (3); and

(B)  pay one-half of the cost of the independent review.

(ii)  An engineer or engineering firm selected by the permittee under Subsection (4)(b)(i) may not be:

(A)  associated with the application that is the subject of the appeal; or

(B)  employed by the permittee.

(iii)  The applicant shall pay:

(A)  one-half of the cost of the independent review; and

(B)  the municipality’s published appeal fee.

Amended by Chapter 4, 2020 Special Session 5

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