Utah Code 19-5-113. Power of director to enter property for investigation — Records and reports required of owners or operators
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(1) The director or the director’s authorized representative has, after presentation of credentials, the authority to enter at reasonable times upon any private or public property for the purpose of:
Terms Used In Utah Code 19-5-113
- 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
- Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
- 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
- Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102
- 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
(1)(a) sampling, inspecting, or investigating matters or conditions relating to pollution or the possible pollution of any waters of the state, effluents or effluent sources, monitoring equipment, or sewage sludge; and
(1)(b) reviewing and copying records required to be maintained under this chapter.
(2)
(2)(a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner or operator of a disposal system, including a system discharging into publicly owned treatment works, to:
(2)(a)(i) establish and maintain reasonable records and make reports relating to the operation of the system or the management of the sewage sludge;
(2)(a)(ii) install, use, and maintain monitoring equipment or methods;
(2)(a)(iii) sample, and analyze effluents or sewage sludges; and
(2)(a)(iv) provide other information reasonably required.
(2)(b) The records, reports, and information shall be available to the public except as provided in Subsection 19-1-306(2) or Subsections 63G-2-305(1) and (2), Government Records Access and Management Act, as appropriate, for other than effluent information.