Utah Code 19-5-108.3. Construction site storm water runoff control
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(1) As used in this section:
Terms Used In Utah Code 19-5-108.3
- Board: means the Water Quality Board created in Section 19-1-106. 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 :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- 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
- Statute: A law passed by a legislature.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) “Applicant” means a person that applies for a construction storm water permit to conduct or propose to conduct a use of land for a construction site.(1)(b) “Application” means a construction storm water permit application.(1)(c) “Best management practice” means the methods, measures, or practices in compliance with the federal Clean Water Act.(1)(d) “Construction storm water permit” means a permit required for soil disturbances of an acre or more, including less than an acre if it is part of a common plan of development or sale, where the disturbance is caused by construction activity.(1)(e) “Electronic site inspection” means geo-located and time-stamped photos taken, evaluated, and submitted electronically by the applicant to the municipal system.(1)(f) “Municipal system” means a municipal separate storm sewer system described in the federal Clean Water Act.(1)(g) “Oversight inspection” means a construction site inspection performed by the municipal system to assess compliance with the permit.(1)(h) “Permit” means a construction storm water permit.(1)(i) “Prevention plan” means the storm water pollution prevention plan described in the federal Clean Water Act.(1)(j) “Program” means the program described in Subsection (2).(1)(k) “Violation” means a failure to implement or maintain preferred best management practices.(2) This section does not supersede rules or regulations created by the board or division under this chapter.(3) No permit, rule, or action by a municipal system for the purpose of administering the program may be more stringent than the minimum requirements of the federal Clean Water Act.(4) A municipal system may not deviate from the federal Clean Water Act, unless the deviation is expressly permitted by state statute.(5)(5)(a) Each municipal system shall determine the municipal system’s preferred best management practices.(5)(b) Each municipal system shall publish the municipal system’s preferred best management practices on a website controlled by the municipal system.(6) Each municipal system shall:(6)(a) maintain a list of requirements that make a complete application for a permit; and(6)(b) publish on a website controlled by the municipal system the list described in Subsection (6)(a).(7) The list described in Subsection (6)(a) may not exceed the template in the federal Clean Water Act.(8)(8)(a) Each municipal system shall complete the review of the prevention plan within 14 business days after the day on which the applicant submits a complete prevention plan.(8)(b) Each municipal system may request more information, or modification to the prevention plan, if the request:(8)(b)(i) is specific;(8)(b)(ii) includes citations to local ordinances, or state or federal law that require the modification to the prevention plan; and(8)(b)(iii) is logged in an index of requested modification.(8)(c) Each municipal system has 14 business days after the day on which the applicant submits the information or modification described in Subsection (8)(b) to complete the review of the prevention plan.(9) A municipal system shall not impose a fine.(10) Any violation found by the municipal system may not result in an order to stop construction activity if:(10)(a) an applicant selects the preferred best management practice for the site conditions;(10)(b) an applicant implements and properly maintains the best management practices as described in Subsection (5), by the municipal system; and(10)(c) the violation is a result from a deficiency in the best management practice.(11)(11)(a) The municipal system:(11)(a)(i) shall notify the applicant, in writing, of a violation;(11)(a)(ii) shall provide the applicant a reasonable time of at least 24 hours to correct the violation; and(11)(a)(iii) may perform an inspection to verify that the violation is corrected.(11)(b) If an applicant does not correct the violation described in Subsection (11)(a)(i) within the deadline set under Subsection (11)(a)(ii), the municipal system:(11)(b)(i) shall notify the applicant, in writing, that the violation has not been corrected;(11)(b)(ii) may issue a written warning that construction activity may be stopped if the violation is not corrected within no less than another 24-hour period; and(11)(b)(iii) may perform an inspection to verify that the violation is corrected.(11)(c) If an applicant does not correct the violation described in Subsection (11)(a)(i) within the deadline set under Subsection (11)(b), the municipal system:(11)(c)(i) shall notify the applicant, in writing, that the violation has not been corrected; and(11)(c)(ii) may order the applicant to stop construction activity until the municipal system performs an inspection to verify that the violation is corrected or the applicant demonstrates that the violation is corrected through electronic site inspection.(11)(d) A municipal system may not impose the process described in this Subsection (11) later than 30 days after the day on which the municipal system provides the required preceding notice of violation or continuing violation.(11)(e) A municipal system may issue an order to stop construction earlier than described in Subsection (11)(c)(ii) if the municipal system has a clearly documented reason articulating an immediate threat to water quality.(11)(f) A municipal system may recoup the costs incurred to correct a violation the applicant refuses to correct after the enforcement process described in this Subsection (11) has been exhausted if the municipal system, at the time of clean up, determines a significant harm to water quality or the storm water system is imminent.(12)(12)(a) A municipal system shall develop a checklist for a pre-construction prevention plan review that is consistent with the federal Clean Water Act.(12)(b) The applicant, or an applicant’s designee, shall participate in the pre-construction site inspections.(12)(c) A municipal system may conduct a pre-construction site inspection in person or using an electronic site inspection tool.(13) Each municipal system shall develop, publish, and implement standard operating procedures, forms, or similar types of documents for construction site inspections.(14) A municipal system shall conduct an oversight inspection through an electronic site inspection.(15) A municipal system may conduct an on-site inspection if the municipal system has a documented reason for justifying an on-site oversight inspection.(16) Each municipal system shall:(16)(a) develop and publish a procedure for the applicant to notify the municipal system that the applicant has completed active construction and is prepared for the municipal system to conduct verification of final stabilization; and(16)(b) provide a copy of the procedure described in Subsection (16)(a) to the applicant when the municipal system issues the permit.