4-18-107. Utah Agriculture Certificate of Environmental Stewardship Program.
(1)
There is created the Utah Agriculture Certificate of Environmental Stewardship Program.
Terms Used In Utah Code 4-18-107
Agricultural discharge: means the release of agriculture water from the property of a farm, ranch, or feedlot that:
(i)
pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;
(ii)
pollutes ground water; or
(iii)
constitutes a significant nuisance to urban land. See Utah Code 4-18-103
Agricultural operation: means a farm, ranch, or animal feeding operation. See Utah Code 4-18-103
Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
Best management practices: means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:
(a)
protect the environment;
(b)
protect human health;
(c)
ensure the humane treatment of animals; and
(d)
promote the financial viability of agricultural production. See Utah Code 4-18-103
Certified agricultural operation: means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107. See Utah Code 4-18-103
Certified conservation planner: means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107. See Utah Code 4-18-103
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
State technical standards: means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. See Utah Code 4-18-103
Sustainable agriculture: means agriculture production and practices that promote:
(a)
the environmental responsibility of owners and operators of farms, ranches, and feedlots; and
(b)
the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103
requirements for qualification under the Utah Agriculture Certificate of Environmental Stewardship Program that:
(i)
are consistent with sustainable agriculture;
(ii)
help prevent harm to the environment, including prevention of an agricultural discharge; and
(iii)
encourage agricultural operations in the state to follow:
(A)
best management practices; and
(B)
nutrient management plans that meet the state technical standards appropriate for each type of agricultural operation;
(c)
the procedure for qualification under the Utah Agriculture Certificate of Environmental Stewardship Program;
(d)
the requirements and certification process for an individual to become a certified conservation planner; and
(e)
standards and procedures for administering the Utah Agriculture Certificate of Environmental Stewardship Program, including:
(i)
renewal of a certification under Subsection (4)(b);
(ii)
investigation and revocation of a certification under Subsection (6); and
(iii)
revocation of a certification under Subsection (7)(b).
(3)
An owner or operator of an agricultural operation may apply to certify the agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with this section.
(4)
(a)
Except as provided in Subsection (6) or (7), a certified agricultural operation remains certified for a period of five years after the day on which the agricultural operation becomes certified.
(b)
A certified agricultural operation may, in accordance with commission rule, renew the certification for an additional five years to keep the certification for a total period of 10 years after the day on which the agricultural operation becomes certified.
(5)
Subject to review by the commissioner or the commissioner’s designee, a certified conservation planner shall certify each qualifying agricultural operation that applies to the Utah Agriculture Certificate of Environmental Stewardship Program.
(6)
(a)
Upon request of the Department of Environmental Quality or upon receipt by the department of a citizen environmental complaint, the department shall, with the assistance of certified conservation planners as necessary, investigate a certified agricultural operation to determine whether the agricultural operation has committed a significant violation of the requirements of the Utah Agriculture Certificate of Environmental Stewardship Program.
(b)
If, after completing an investigation described in Subsection (6)(a), the department determines that a certified agricultural operation has committed a significant violation of the requirements for the Utah Agriculture Certificate of Environmental Stewardship Program, the department shall report the violation to the commission.
(c)
Upon receipt of a report described in Subsection (6)(b), the commission shall review the report and:
(i)
revoke the agricultural operation’s certification; or
(ii)
set terms and conditions for the agricultural operation to maintain its certification.
(7)
(a)
If, for a certification renewal under Subsection (4)(b), or an investigation under Subsection (6)(a), the department requests access to a certified agricultural operation, the certified agricultural operation shall, at a reasonable time, allow access for the department to:
(i)
inspect the agricultural operation; or
(ii)
review the records of the agricultural operation.
(b)
If a certified agricultural operation denies the department access as described in Subsection (7)(a), the commission may revoke the agricultural operation’s certification.
(8)
If the commission changes a requirement of the Utah Agriculture Certificate of Environmental Stewardship Program after an agricultural operation is certified in accordance with former requirements, during the certification and renewal periods described in Subsections (4)(a) and (b) the agricultural operation may choose whether to abide by a new requirement, but the agricultural operation is not subject to the new requirement until the agricultural operation reapplies for certification.
(9)
Nothing in this section exempts an agricultural discharge made by a certified agricultural operation from the provisions of Subsection 19-5-105.5(3)(b).
(10)
(a)
Except as provided in Subsections 19-5-105.6(2) and (3), a certified agriculture operation may not be required to implement additional projects or best management practices to address nonpoint source discharges.
(b)
The Division of Water Quality shall consider an agriculture operation’s compliance with certification under an approved agriculture environmental stewardship program a mitigating factor for penalty purposes, as provided in Section 19-5-105.6.
