19-4 - Safe Drinking Water Act
Title 19 > 19-4
Sections (16)
19-4-101 - Short title.
This chapter is known as the “Safe Drinking Water Act.”
19-4-102 - Definitions.
As used in this chapter: 19-4-102(1) “Board” means the Drinking Water Board appointed under Section 19-4-103. 19-4-102(2) “Community water system” means a public water system that serves residents year-round. 19-4-102(3) “Contaminant” means a physical, chemical, biological, or radiological substance or matter in water. 19-4-102(4) “Director” means the director of the Division of Drinking Water. 19-4-102(5) “Division” means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). 19-4-102(6) “Groundwater source” means an underground opening from or through which groundwater flows or is pumped from a subsurface water-bearing formation. “Groundwater source” includes: a well; a spring; a tunnel; or an adit. 19-4-102(7) “Maximum contaminant level” means the maximum permissible level of a contaminant in water that is delivered to a user of a public water system. 19-4-102(8) “Public water system” means a system providing water for human consumption and other domestic uses that: has at least 15 service connections; or serves an average of 25 individuals daily for at least 60 days of the year. “Public water system” includes: a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator’s control. 19-4-102(9) “Retail water supplier” means a person that:
supplies water for human consumption and other domestic uses to an end user; and has more than 500 service connections. 19-4-102(10) “Supplier” means a person who owns or operates a public water system. 19-4-102(11) “Wholesale water supplier” means a person that provides most of that person’s water to a retail water supplier.
19-4-103 - Drinking Water Board — Members — Organization — Meetings — Per diem and expenses.
19-4-103(1) The board consists of the following nine members:the following non-voting member, except that the member may vote to break a tie vote between the voting members:the executive director; oran employee of the department designated by the executive director; andthe following eight voting members, who shall be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:one representative who is a Utah-licensed professional engineer with expertise in civil or sanitary engineering;two representatives who are elected officials from a municipal government that is involved in the management or operation of a public water system;one representative from an improvement district, a water conservancy district, or a metropolitan water district;one representative from an entity that manages or operates a public water system;one representative from:the state water research community; oran institution of higher education that has comparable expertise in water research to the state water research community;one representative from the public who represents:an environmental nongovernmental organization; ora nongovernmental organization that represents community interests and does not represent industry interests; andone representative from the public who is trained and experienced in public health. 19-4-103(2) A member of the board shall:be knowledgeable about drinking water and public water systems, as evidenced by a professional degree, a professional accreditation, or documented experience;represent different geographical areas within the state insofar as practicable;be a resident of Utah;attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); andcomply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. 19-4-103(3) As terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years.Notwithstanding Subsection (3)(a), the term of a board member who is appointed before May 1, 2013, shall expire on April 30, 2013.On May 1, 2013, the governor shall appoint or reappoint board members in accordance with this section. 19-4-103(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. 19-4-103(5) When the governor makes a new appointment or reappointment under Subsection (3)(a), or a vacancy appointment under Subsection (4), the governor’s new appointment, reappointment, or vacancy appointment shall be with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. 19-4-103(6) Each member holds office until the expiration of the member’s term, and until a successor is appointed, but not for more than 90 days after the expiration of the term. 19-4-103(7) The board shall elect annually a chair and a vice chair from its members. 19-4-103(8) The board shall meet at least quarterly.Special meetings may be called by the chair upon the chair’s own initiative, upon the request of the director, or upon the request of three members of the board.Reasonable notice shall be given to each member of the board before any meeting. 19-4-103(9) Five members constitute a quorum at any meeting and the action of the majority of the members present is the action of the board. 19-4-103(10) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
19-4-104 - Powers of board.
19-4-104(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: establishing standards that prescribe the maximum contaminant levels in a public water system and provide for monitoring, record-keeping, and reporting of water quality related matters; governing design, construction, operation, and maintenance of public water systems; granting variances and exemptions to the requirements established under this chapter that are not less stringent than those allowed under federal law; protecting watersheds and water sources used for public water systems; governing capacity development in compliance with Section 1420 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and for a community water system failing to comply with the reporting requirements under Subsections (1)(c)(iv) and (v):
establishing fines and penalties, including posting on the division’s web page those community water systems that fail to comply with the reporting requirements; and allowing a community water system, in lieu of penalties established under Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the director that requires compliance and establishes a compliance schedule approved by the director. The board may: hold a hearing that is not an adjudicative proceeding relating to an aspect of, or matter in, the administration of this chapter; appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding; recommend that the director:
issue an order necessary to enforce this chapter; enforce an order by appropriate administrative and judicial proceedings; institute a judicial proceeding to secure compliance with this chapter; or advise, consult, contract, and cooperate with another agency of the state, a local government, an industry, another state, an interstate or interlocal agency, the federal government, or an interested person; or request and accept financial assistance from other public agencies, private entities, and the federal government to carry out the purposes of this chapter. The board shall: require the submission to the director of plans and specifications for construction of, substantial addition to, or alteration of public water systems for review and approval by the director before that action begins and require any modifications or impose any conditions that may be necessary to carry out the purposes of this chapter; advise, consult, cooperate with, provide technical assistance to, and enter into agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies, municipalities, local health departments, educational institutions, and others necessary to carry out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of local jurisdictions; develop and implement an emergency plan to protect the public when declining drinking water quality or quantity creates a serious health risk and issue emergency orders if a health risk is imminent; require a community water system serving a population of 500 or more to annually collect accurate water use data, described in Subsection (7), and annually report that data to the Division of Water Rights; require a certified operator, or a professional engineer performing the duties of a certified water operator, to verify by certification or license number the accuracy of water use data reported by a public water system, including the data required from a community water system under Subsection (1)(c)(iv); meet the requirements of federal law related or pertaining to drinking water; and to ensure compliance with applicable statutes and rules:
review a settlement negotiated by the director in accordance with Subsection 19-4-109(3) that requires a civil penalty equal to or greater than $25,000; and approve or disapprove the settlement described in Subsection (1)(c)(vii)(A). 19-4-104(2) The board may adopt standards and establish fees for certification of operators of a public water system. The board may not require certification of operators for a water system serving a population of 800 or less except: to the extent required for compliance with Section 1419 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and for a system that is required to treat its drinking water. The certification program shall be funded from certification and renewal fees. 19-4-104(3) Routine extensions or repairs of existing public water systems that comply with the rules and do not alter the public water system’s ability to provide an adequate supply of water are exempt from Subsection (1)(c)(i). 19-4-104(4) The board may adopt standards and establish fees for certification of persons engaged in administering cross connection control programs or backflow prevention assembly training, repair, and maintenance testing. The certification program shall be funded from certification and renewal fees. 19-4-104(5) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under this chapter:
a permit; a license; a registration; a certificate; or another administrative authorization made by the director. 19-4-104(6) A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board. 19-4-104(7) The water use data required to be collected in Subsection (1)(c)(iv) shall include peak day source demand, average annual demand, the number of equivalent residential connections for retail service, and the quantity of non-revenue water. The division may, by rule, establish: other types of water use data required to be collected in addition to that listed in Subsection (7)(a); and alternative methods for calculating the water use data listed in Subsection (7)(a).
19-4-105 - Rulemaking authority and procedure.
19-4-105(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations. 19-4-105(2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing, and based on evidence in the record, that the corresponding federal regulation is not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the board’s conclusion.
19-4-106 - Director — Appointment — Authority.
7/1/2029 19-4-106(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. 19-4-106(2) The director shall:
develop programs to promote and protect the quality of the public drinking water supplies of the state; advise, consult, and cooperate with other agencies of this and other states, the federal government, and with other groups, political subdivisions, and industries in furtherance of the purpose of this chapter; review plans, specifications, and other data pertinent to proposed or expanded water supply systems to ensure proper design and construction; and subject to the provisions of this chapter, enforce rules made by the board through the issuance of orders that may be subsequently revoked, which orders may require: discontinuance of use of unsatisfactory sources of drinking water; suppliers to notify the public concerning the need to boil water; or suppliers in accordance with existing rules, to take remedial actions necessary to protect or improve an existing water system; and as authorized by the board and subject to the provisions of this chapter, act as executive secretary of the board under the direction of the chair of the board. 19-4-106(3) The director may authorize employees or agents of the department, after reasonable notice and presentation of credentials, to enter any part of a public water system at reasonable times to inspect the facilities and water quality records required by board rules, conduct sanitary surveys, take samples, and investigate the standard of operation and service delivered by public water systems. 19-4-106(4) As provided in this chapter and in accordance with rules made by the board, the director may:
issue and enforce a notice of violation and an administrative order; and assess and make a demand for payment of an administrative penalty arising from a violation of this chapter, a rule or order issued under the authority of this chapter, or the terms of a permit or other administrative authorization issued under the authority of this chapter. 19-4-106(5) The director shall study how water providers, municipalities, counties, and state agencies may find greater efficiencies through improved coordination, consolidation, and regionalization related to: water use and conservation; and administrative and economic efficiencies. The study under this Subsection (5) shall consider recommendations including incentives, funding, regulatory changes, and statutory changes to promote greater coordination and efficiency and to help meet water infrastructure needs statewide. The director shall: conduct the study in conjunction with the Division of Water Resources; and consult with a diverse group consisting of water providers, state agencies, local governments, and relevant stakeholders to help the director conduct the study and develop recommendations described in this Subsection (5). On or before October 30, 2024, the director shall provide a written report of the study’s findings, including any recommended legislative action, to the Natural Resources, Agriculture, and Environment Interim Committee.
19-4-107 - Notice of violation — Action by attorney general.
19-4-107(1) Upon discovery of any violation of this chapter or a rule of the board, the director shall promptly notify the supplier of the violation, state the nature of the violation, and issue an order requiring correction of that violation or the filing of a request for variance or exemption by a specific date. 19-4-107(2) The attorney general shall, upon request of the director, commence an action for an injunction or other relief relative to the order.
19-4-108 - Supplier — Variance or exemption — Failure to comply — Violation of chapter — Public notice.
When a supplier has a variance or exemption granted, has failed to comply with the terms of a variance or exemption, or has been finally determined to have committed a violation of this chapter, the supplier shall provide public notice of that fact as provided by the rules of the board.
19-4-109 - Violations — Penalties — Reimbursement for expenses.
19-4-109(1) As used in this section, “criminal negligence” means the same as that term is defined in Section 76-2-103. 19-4-109(2) A person who violates this chapter, a rule or order issued under the authority of this chapter, or the terms of a permit or other administrative authorization issued under the authority of this chapter is subject to an administrative penalty:not to exceed 1,000 per day per violation, with respect to a public water system serving a population of more than 10,000 individuals.In all cases, each day of violation is considered a separate violation. 19-4-109(3) The director may assess and make a demand for payment of an administrative penalty under this section and may compromise or settle that penalty. 19-4-109(4) To make a demand for payment of an administrative penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:the date, facts, and nature of each act or omission charged;the provision of the statute, rule, order, permit, or administrative authorization that is alleged to have been violated;each penalty that the director proposes to assess, together with the amount and date of effect of that penalty; andthat failure to pay the penalty or respond may result in a civil action for collection. 19-4-109(5) A person notified according to Subsection (4) may request an adjudicative proceeding. 19-4-109(6) Upon request by the director, the attorney general may institute a civil action to collect a penalty assessed under this section. 19-4-109(7) A person who, with criminal negligence, violates any rule or order made or issued pursuant to this chapter, or with criminal negligence fails to take corrective action required by an order, is guilty of a class B misdemeanor and subject to a fine of not more than 5,000 per day for each day of violation. 19-4-109(8) The director may bring a civil action for appropriate relief, including a permanent or temporary injunction, for a violation for which the director is authorized to issue a compliance order under Section 19-4-107.Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring an action under this Subsection (8) in the county where the violation occurs if the director brings the action in a district court. 19-4-109(9) The attorney general is the legal advisor for the board and the director and shall defend them in an action or proceeding brought against the board or director.The county attorney or district attorney, as appropriate under Section 17-68-302 or 17-68-303, in the county in which a cause of action arises, shall bring an action, civil or criminal, requested by the director, to abate a condition that exists in violation of, or to prosecute for the violation of, or to enforce the laws or the standards, orders, and rules of the board or the director issued under this chapter.The director may initiate action under this section and be represented by the attorney general. 19-4-109(10) If a person fails to comply with a cease and desist order that is not subject to a stay pending administrative or judicial review, the director may initiate an action for and be entitled to injunctive relief to prevent further or continued violation of the order. 19-4-109(11) A bond may not be required for injunctive relief under this chapter. 19-4-109(12) Except as provided in Subsection (12)(b), a penalty assessed and collected under the authority of this section shall be deposited into the General Fund.The department may reimburse itself and local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities.The department shall regulate reimbursements by making rules that define:qualifying environmental enforcement activities; andqualifying extraordinary expenses.
19-4-110 - Local jurisdiction over water supply systems.
Nothing in this chapter alters the authority of local jurisdictions to control water supply systems within the local jurisdiction provided that any local laws, ordinances, or rules and regulations are not inconsistent with this chapter and rules made under authority of this chapter.
19-4-111 - Prohibition of fluoride in public water systems.
19-4-111(1) As used in this section, “fluoride” means a chemical compound that contains the fluoride ion and is used to fluoridate drinking water, including:fluorosilicic acid;sodium fluorosilicate; orsodium fluoride. 19-4-111(2) A person may not add fluoride to water in, or water that will be introduced into, a public water system. 19-4-111(3) A political subdivision may not enact or enforce an ordinance that requires or permits the addition of fluoride to water in, or water that will be introduced into, a public water system.
19-4-112 - Limit on authority of department and board to control irrigation facilities — Precautions relating to nonpotable water systems.
19-4-112(1) Except as provided in this section and in Section 19-5-104, nothing contained in this chapter authorizes the department or board to:
exercise administrative control over water used solely for irrigation purposes, whether conveyed in pipes, ditches, canals, or by other facilities; or adopt rules relating to the construction, operation, and maintenance of facilities for conveying irrigation water to the place of use. 19-4-112(2) Where nonpotable water is conveyed in pipelines under pressure in areas served by a potable water system, the following precautions shall be observed:
a distinctive coloring or other marking on all exposed portions of the nonpotable system shall be used; potable and nonpotable water system service lines and extensions shall be completely separated and shall be installed in separate trenches; all hydrants and sprinkling system control valves shall be operated by a removable key so that it is not possible to turn on the hydrant or valve without a key; there shall be no cross connection between the potable and nonpotable water systems; the nonpotable system may not be extended into any building except greenhouses or other buildings for plant and animal production; and no connection in the nonpotable water system shall be made except by the persons responsible for its management.
19-4-113 - Water source protection ordinance.
19-4-113(1) As used in this section, “municipality” means the same as that term is defined in Section 10-1-104. 19-4-113(2) Before May 3, 2010, a first or second class county shall:adopt an ordinance in compliance with this section after:considering the rules established by the board to protect a watershed or water source used by a public water system;consulting with a wholesale water supplier or retail water supplier whose drinking water source is within the county’s jurisdiction;considering the effect of the proposed ordinance on:agriculture production within an agricultural protection area created under Title 17, Chapter 81, Agriculture, Industrial, and Critical Infrastructure Materials; anda manufacturing, industrial, or mining operation within the county’s jurisdiction; andholding a public hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; andfile a copy of the ordinance with the board.A municipality in a first or second class county may adopt an ordinance that a first or second class county is required to adopt by this section by following the procedures and requirements of this section. 19-4-113(3) A county ordinance adopted in accordance with this section applies to the incorporated and unincorporated areas of the county unless a municipality adopts an ordinance in accordance with this section.A municipal ordinance adopted in accordance with this section supercedes, within the municipality’s jurisdiction, a county ordinance adopted in accordance with this section. 19-4-113(4) An ordinance required or authorized by this section at a minimum shall:designate a drinking water source protection zone in accordance with Subsection (5) for a groundwater source that is:used by a public water system; andlocated within the county’s or municipality’s jurisdiction;contain a zoning provision regulating the storage, handling, use, or production of a hazardous or toxic substance within a drinking water source protection zone designated under Subsection (4)(a); andauthorize a retail water supplier or wholesale water supplier to seek enforcement of the ordinance provision required by Subsections (4)(a) and (b) in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the county or municipality:notifies the retail water supplier or wholesale water supplier within 10 days of receiving notice of a violation of the ordinance that the county or municipality will not seek enforcement of the ordinance; ordoes not seek enforcement within two days of a notice of violation of the ordinance when the violation may cause irreparable harm to the groundwater source. 19-4-113(5) A county shall designate a drinking water source protection zone required by Subsection (4)(a) within:a 100 foot radius from the groundwater source; anda 250 day groundwater time of travel to the groundwater source if the supplier calculates the time of travel in the public water system’s drinking water source protection plan in accordance with board rules. 19-4-113(6) A zoning provision required by Subsection (4)(b) is not subject to Subsection 17-81-302(3). 19-4-113(7) An ordinance authorized by Section 10-8-15 supercedes an ordinance required or authorized by this section to the extent that the ordinances conflict. 19-4-113(8) The board shall provide information, guidelines, and technical resources to a county or municipality preparing and implementing an ordinance in accordance with this section. 19-4-113(9) A third, fourth, fifth, or sixth class county or a municipality located within a third, fourth, fifth, or sixth class county may adopt an ordinance in accordance with this section to establish a drinking water source protection zone and take any other action allowed under this section.
19-4-114 - Source and storage minimum sizing requirements for public water systems.
19-4-114(1) Except as provided in Subsection (1)(b), upon submission of plans for a substantial addition to or alteration of a community water system, the director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of more than 3,300 based on at least the most recent three years of a community water system’s actual water use data submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v). If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available to the division, or if the community water system determines that the data submitted does not represent future system use, the director may establish source and storage minimum sizing requirements for the community water system based on: an engineering study submitted by the community water system and accepted by the director; or at least three years of historical water use data that is:
submitted by the community water system; and accepted by the director. A community water system serving a population of more than 3,300 shall provide the information necessary to establish the system-specific standards described in this Subsection (1) by no later than March 1, 2019. 19-4-114(2) By no later than October 1, 2023, and except as provided in Subsection (2)(b), the director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of between 500 and no more than 3,300 based on at least the most recent three years of a community water system’s actual water use data submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v). If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available to the division, or if the community water system determines that the data submitted does not represent future system use, the director may establish source and storage minimum sizing requirements for the community water system based on: an engineering study submitted by the community water system and accepted by the director; or at least three years of historical water use data that is:
submitted by the community water system; and accepted by the director. A community water system serving a population of between 500 and no more than 3,300 shall provide the information necessary to establish system-specific standards described in this Subsection (2) by no later than March 1, 2023. 19-4-114(3) The director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of fewer than 500 based on:
at least the most recent three years of a community water system’s actual water use data submitted to the division and accepted by the director; an engineering study submitted by the community water system and accepted by the director; standards, comparable to those of established community water systems, as determined by the director; or relevant information, as determined by the director. 19-4-114(4) The director shall:
for community water systems described in Subsection (3), establish a schedule to transition from statewide sizing standards to system-specific standards; establish minimum sizing standards for public water systems that are not community water systems; provide for the routine evaluation of changes to the system-specific standards; and include, as part of system-specific standards, necessary fire storage capacity in accordance with the state fire code adopted under Section 15A-1-403 and as determined by the local fire code official. 19-4-114(5) The director may adjust system-specific sizing standards, established under this section for a public water system, based on information submitted by the public water system addressing the effect of any wholesale water deliveries or other system-specific conditions affecting infrastructure needs. 19-4-114(6) Except as provided for under Subsection (7), a wholesale water supplier is exempt from this section if the wholesale water supplier serves:
a total population of more than 10,000; and a wholesale population that is 75% or more of the total population served. 19-4-114(7) Upon request of a wholesale water supplier and the community water systems receiving water from the wholesale water supplier, the director may establish regional source and storage minimum sizing standards for community water systems receiving water from the wholesale water supplier using actual water use data submitted by the wholesale water supplier and the community water systems served by the wholesale water supplier. 19-4-114(8) The director may adjust system-specific sizing standards established under this section for a public water system based on adopted enforceable water conservation measures that are consistent with regional water conservation goals adopted pursuant to Subsection 73-10-32(2)(d)(ii)(A) or (B).
19-4-115 - Drinking water quality in schools and child care centers.
19-4-115(1) As used in this section:
“Action level” means a lead concentration equal to five parts per billion. “Certified laboratory” means a laboratory certified by the Department of Health and Human Services that analyzes drinking water for lead. “Child care center” means: a center based child care, as defined in Section 26B-2-401; or an exempt provider, as defined in Section 26B-2-401. “Consumable tap” means a sink or fountain used for consumption of water or food preparation. “School” means a public or private: elementary school or secondary school; preschool; or kindergarten. 19-4-115(2) A school shall, and a child care center may test the school’s or child care center’s consumable taps for lead by no later than December 31, 2023. In conducting a test under this Subsection (2), a school or child care center shall: comply with current state testing guidelines for reducing lead in drinking water in schools and child care centers; and submit a sample to a certified laboratory that has entered into a memorandum of understanding with the division as described in Subsection (3). Notwithstanding Subsection (2)(a), if a school or child care center has conducted a test for lead in drinking water in a consumable tap of the school or child care center on or after January 1, 2016, but before May 4, 2022, the school or child care center: is not required to conduct a test under Subsection (2)(a) on the previously sampled consumable tap; if the test described in this Subsection (2)(c) finds a lead level for a consumable tap equals or exceeds the action level, shall take steps to stop the use of the consumable tap or to reduce the lead level below the action level as described in Subsection (5); and by no later than the end of the time period established under Subsection (4)(c), shall report to the division:
the findings of the test described in this Subsection (2)(c); and any steps taken under Subsection (2)(c)(ii). 19-4-115(3) The division shall enter into a memorandum of understanding with one or more certified laboratories under which the division pays the costs of testing a sample submitted by a school or child care center in accordance with Subsection (2). Subject to appropriations, the division shall pay the costs of testing in the order that a sample is submitted to the certified laboratory. A certified laboratory shall report test results for a sample submitted in accordance with Subsection (2) to: the school or child care center that submitted the sample; and the division. 19-4-115(4) If after paying the costs of testing under Subsection (3) there remains money appropriated under this section, the division may issue grants to schools and child care centers for costs associated with taking action under Subsection (5). The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: to establish a procedure for a school or child care center applying for a grant under Subsection (4)(a); and for what constitutes steps to reduce the lead level below the action level as described in Subsection (5). The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the time period to take steps to reduce the lead level below the action level as described in Subsection (5). 19-4-115(5) If a test result of a consumable tap under Subsection (2) results in a lead level that equals or exceeds the action level, the school or child care center shall:
within the time period established under Subsection (4)(c) take steps to stop the use of the consumable tap or to reduce the lead level below the action level; and report the steps taken under Subsection (5)(a) to the division within 30 days after taking the steps. 19-4-115(6) After the time period established under Subsection (4)(c) has ended, the division shall post on a public website for at least five years from the day on which the division receives the information:
the test results for a test taken under Subsection (2); and the steps taken as required under Subsection (5).
19-4-116 - Fee schedule — Exemption — Report — Monitoring of fees.
19-4-116(1) The department shall establish a fee schedule for the regulation of public water systems in the state in accordance with Section 63J-1-504.To create the fee schedule described in Subsection (1)(a), the department shall:complete a review of program costs and indirect costs of regulating public water systems in the state, after consulting with industry, local governments, special districts, and special service districts;use the findings from the review described in Subsection (1)(b)(i); andevaluate other sources of funding to support the regulation of public water systems in the state.The fee schedule described in Subsection (1)(a) may:implement an annual fee on a public water system in the state, on the basis of consumption, for the direct delivery of water to an end user for human consumption and other domestic uses;implement a reasonable fee for plan review;implement a reasonable fee for a public water system sanitary survey;provide for reasonable and timely oversight of the fee schedule by the department; andbe in an amount needed to reasonably enable the department and public water systems to:employ qualified personnel to appropriately oversee public drinking water regulation; andbeginning on July 1, 2026, fund water infrastructure projects ranked and prioritized in the unified water infrastructure plan under Section 73-10g-603.The fee schedule described in Subsection (1)(a) may include fees that provide financial incentives:to a public water system that is not a community water system if the public water system complies with Section 19-4-114; andto a community water system if the community water system:installs water meters on each residential connection in the community water system;adopts tiered water rates;creates a drinking water master plan report within 10 years before the day on which the fee is imposed; andcomplies with Section 19-4-114. 19-4-116(2) Except for water delivered by a wholesale water supplier directly to an end user for human consumption and other domestic uses, a public water system that is a wholesale water supplier is exempt from the fee established under Subsection (1)(c)(i). 19-4-116(3) Agricultural water, as that term is defined in Section 73-10g-601, is exempt from the fee established under Subsection (1). 19-4-116(4) A public water system shall submit payment of the fee established by Subsection (1) to the department:in accordance with a schedule provided by the department; andusing a form provided by the department. 19-4-116(5) Except as provided in Subsection (5)(b), the department shall deposit fees collected under this section into the Water Infrastructure Fund created in Section 73-10g-107.The department shall retain a portion of the fees collected under Subsection (1)(c) to offset the department’s costs in regulating public water systems. 19-4-116(6) The Office of the Legislative Fiscal Analyst shall monitor fees collected under this section.