Title 75, Title 75

(1) A person who holds or has applied for a permit pursuant to 75-5-401 may voluntarily file a performance bond or other surety with the department for an amount sufficient to enable the state to reclaim the land disturbed by the project or activity authorized by the permit in ac…

(1) (a) Except as provided in subsection (1)(b), a person who proposes an aquifer recharge or mitigation plan pursuant to 85-2-362 shall apply for, if necessary, a current permit pursuant to this chapter. (b) The requirements of this section do not apply to the portion of a mitig…

The department shall adopt rules establishing setback area requirements between sewage lagoons and water wells to prevent water well contamination.

(1) Under a permit issued pursuant to 75-5-401, a point source discharger to state surface waters may receive nutrient loading offsets or trading credits to satisfy permitting requirements, including nutrient effluent limitations established pursuant to this part and nutrient eff…

The department may accept loans and grants from the federal government and other sources to carry out the provisions of this chapter.

The department may accept loans and grants from the federal government and other sources to carry out the provisions of this chapter.

(1) A municipality or other entity operating a sewage system may adopt a system of charges and rates to assure that each recipient of treatment works services within the municipality's jurisdiction or service area will pay its proportionate share of the costs of operation, mainte…

A municipality or other entity operating a sewage system may retain the amounts of the revenues derived from the payment of costs by industrial users of its treatment works services and expend such revenues, together with interest thereon, for: (1) repayment to applicable agencie…

A municipality or other entity operating sewage systems shall keep records, financial statements, and books regarding its rates and charges and amounts collected on account of its treatment works and how such revenues are allocated. The department may inspect such records, financ…

(1) In the event a municipality or other entity operating sewage systems fails, neglects, or refuses when required by the department to adopt the system of charges and rates authorized by 75-5-511, the department may adopt a system of charges and rates as provided for in 75-5-511…

In determining the amount of treatment works costs to be paid by recipients of treatment works services, the municipality or other entity operating sewage systems or, if applicable, the department shall consider the strength, volume, types, and delivery flow rate characteristics …

(1) Except as provided in subsections (12) and (13), the department shall by rule prescribe fees sufficient to cover the department's documented costs, both direct and indirect, of: (a) reviewing and acting upon an application for a permit, permit modification, permit renewal, ce…

(1) All fees collected under 75-5-516 must be credited to an account in the state special revenue fund. (2) Money in the account may be used only to pay the department's cost in implementing the functions described in 75-5-516(1).

(1) The department may issue an order to a person to clean up any material that the person or the person's employee, agent, or subcontractor has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters and that may pollute state waters. (2) If a u…

In order to carry out the objectives of this chapter and to effectively monitor the discharge of sewage, industrial wastes, and other wastes into state waters, the department may require the owner or operator of any point source, or the owner or operator of any facility that disc…

The authorized representative of the department, upon presentation of the representative's credentials, may at reasonable times enter upon any public or private property to: (1) investigate conditions relating to pollution of state waters or violations of permit conditions; (2) h…

Any records, reports, or information obtained under 75-5-602 and 75-5-603 shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards.

(1) It is unlawful to: (a) cause pollution, as defined in 75-5-103, of any state waters or to place or cause to be placed any wastes where they will cause pollution of any state waters. Any placement of materials that is authorized by a permit issued by any state or federal agenc…

(1) Except as provided in subsection (2), if the person requesting a hearing under 75-5-611 is not the applicant or permittee of an energy development project, the district court shall require a written undertaking to be given by the party requesting the hearing for the payment o…

(1) When the department has reason to believe that a violation of this chapter, a rule adopted under this chapter, or a condition of a permit or authorization required by a rule adopted under this chapter has occurred, it may have a written notice letter served personally or by c…

In addition to all other remedies created by this chapter, the department is authorized to take appropriate enforcement action on its own initiative to prevent, abate, and control: (1) the pollution of state waters; (2) any violation of a condition or limitation imposed by a perm…

In furtherance of 75-5-612, a person violating a condition, limitation, standard, or other requirement established pursuant to this chapter may be served with a compliance order issued by the department. The order must specify the condition, limitation, standard, or other require…

(1) Except as provided in 81-9-240, the department is authorized to commence a civil action seeking appropriate relief, including a permanent or temporary injunction, for a violation that would be subject to a compliance order under 75-5-613. An action under this subsection may b…

(1) A person found to be in violation of a condition, limitation, standard, or other requirement established pursuant to 75-5-612 through 75-5-614 is subject to the penalty provisions of 75-5-631, 75-5-632, 75-5-633, and 75-5-635. (2) For the purpose of this section, the term "pe…

The department shall take actions that are authorized under this part to ensure that the terms and conditions of issued permits are complied with and to ensure that violations of this chapter are appropriately prosecuted.

(1) Whenever, on the basis of information available to the department, the department finds that a person is in violation of this chapter, a rule adopted under this chapter, or a condition or limitation in a permit, authorization, or order issued under this chapter, the departmen…

(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this chapter, a rule adopted under this chapter, or a condition of a permit or authorization required by a rule adopted under this …

(1) Notwithstanding other provisions of this chapter, if the department finds that a person is committing or is about to commit an act in violation of this chapter or an order or rule issued under this chapter that, if it occurs or continues, will cause substantial pollution the …

Notwithstanding any other provisions of this chapter, the department, upon receipt of evidence that a pollution source or combination of sources is endangering the health, welfare, or livelihood of a person, may bring suit in the district court of any county in which the defendan…

(1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this chapter or a rule, permit, effluent standard, or order issued under the provisions of this chapter, the person is subject to a civil penalty not to exceed $…

A person who willfully or negligently violates 75-5-605 or any pretreatment standard established pursuant to this chapter is guilty of an offense and, upon conviction, is subject to a fine not to exceed $25,000 per day of violation or imprisonment for not more than 1 year, or bot…

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring de…

Fines and civil penalties collected under this chapter, except those collected in a justice's court, must be deposited into the state general fund.

(1) In a civil action initiated by the department under this chapter, the department may ask for and the court is authorized to assess a violator for the cost of the investigation or monitoring survey that led to the establishment of the violation and any expense incurred by the …

A person, association, corporation, or agency of the state or federal government may notify the department of an alleged violation of this chapter. Based upon information submitted by the person, association, corporation, or agency, the department shall conduct an investigation t…

(1) An appeal of an order of the board must be in the district court of the county in which the alleged source of pollution is located. (2) A person interested in the order may intervene, in the manner provided by the rules of civil procedure, if the person shows good cause. An i…

Consistent with the policy established in 75-5-101(2) to provide a comprehensive program for the prevention, abatement, and control of water pollution, the purpose of this part is to further direct the department to monitor state waters to accurately assess their quality and, whe…

(1) The department shall monitor state waters to assess the quality of those waters and to identify surface water bodies or segments of surface water bodies that are threatened or impaired. The department shall use the monitoring results to revise the list of water bodies that ar…

(1) The department shall, in consultation with local conservation districts and watershed advisory groups, develop total maximum daily loads or TMDLs for threatened or impaired water bodies or segments of water bodies in order of the priority ranking established by the department…

(1) In implementing the consultation requirements under 75-5-702(4) and 75-5-703(1) and (2), the department shall request the participation of representatives of the following interest groups to work in an advisory capacity with the local conservation districts and the department…

Nothing in this part may be construed to divest, impair, or diminish any water right recognized pursuant to Title 85.

For the purposes of this part, the following definitions apply: (1) "Animal feeding operation" means a lot or facility where the following conditions are met: (a) animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12…

(1) For the purpose of permitting concentrated animal feeding operations, the department shall adopt, by reference, the federal regulations and definitions contained in 40 CFR, parts 122.23 and 412. (2) Subject to the provisions of subsection (3), concentrated animal feeding oper…

(1) (a) The fees for a general permit authorization or an individual permit are $600 for the initial application and $600 for each renewal. (b) In addition to the fees provided for in subsection (1)(a), there is an annual fee for a general permit authorization or an individual pe…

This part may be cited as the "Phosphorus Ban Act".

(1) The legislature finds that: (a) high levels of phosphorus in water bodies results in heavy growths of algae; (b) excessive algae growth degrades aquatic habitats, decreases diversity in aquatic invertebrate communities, and places stress on native fish populations; (c) munici…