19-4-104 - Powers of board.
19-4-104. Powers of board.
(1) The board may:
(a) make rules in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act:
(i) establishing standards that prescribe the maximum contaminant levels in any publicwater system and provide for monitoring, record-keeping, and reporting of water quality relatedmatters;
(ii) governing design, construction, operation, and maintenance of public water systems;
(iii) granting variances and exemptions to the requirements established under this chapterthat are not less stringent than those allowed under federal law;
(iv) protecting watersheds and water sources used for public water systems; and
(v) governing capacity development in compliance with Section 1420 of the federal SafeDrinking Water Act, 42 U.S.C.A. 300f et seq.;
(b) issue orders necessary to enforce the provisions of this chapter, enforce the orders byappropriate administrative and judicial proceedings, and institute judicial proceedings to securecompliance with this chapter;
(c) (i) hold a hearing that is not an adjudicative proceeding relating to the administrationof this chapter and compel the attendance of witnesses, the production of documents and otherevidence, administer oaths and take testimony, and receive evidence as necessary;
(ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceedingand authorize them to exercise powers under Subsection (1)(c)(i);
(iii) receive a proposed dispositive action from an administrative law judge as providedby Section 19-1-301; and
(iv) (A) approve, approve with modifications, or disapprove a proposed dispositiveaction; or
(B) return the proposed dispositive action to the administrative law judge for furtheraction as directed;
(d) require the submission to the executive secretary of plans and specifications forconstruction of, substantial addition to, or alteration of public water systems for review andapproval by the board before that action begins and require any modifications or impose anyconditions that may be necessary to carry out the purposes of this chapter;
(e) advise, consult, cooperate with, provide technical assistance to, and enter intoagreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,municipalities, local health departments, educational institutions, or others necessary to carry outthe purposes of this chapter and to support the laws, ordinances, rules, and regulations of localjurisdictions;
(f) request and accept financial assistance from other public agencies, private entities,and the federal government to carry out the purposes of this chapter;
(g) develop and implement an emergency plan to protect the public when decliningdrinking water quality or quantity creates a serious health risk and issue emergency orders if ahealth risk is imminent;
(h) authorize employees or agents of the department, after reasonable notice andpresentation of credentials, to enter any part of a public water system at reasonable times toinspect 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;
(i) meet the requirements of federal law related or pertaining to drinking water; and
(j) exercise all other incidental powers necessary to carry out the purpose of this chapter.
(2) (a) The board may adopt and enforce standards and establish fees for certification ofoperators of any public water system.
(b) The board may not require certification of operators for a water system serving apopulation of 800 or less except:
(i) to the extent required for compliance with Section 1419 of the federal Safe DrinkingWater Act, 42 U.S.C.A. 300f et seq.; and
(ii) for a system that is required to treat its drinking water.
(c) The certification program shall be funded from certification and renewal fees.
(3) Routine extensions or repairs of existing public water systems that comply with therules and do not alter the system's ability to provide an adequate supply of water are exempt fromthe provisions of Subsection (1)(d).
(4) (a) The board may adopt and enforce standards and establish fees for certification ofpersons engaged in administering cross connection control programs or backflow preventionassembly training, repair, and maintenance testing.
(b) The certification program shall be funded from certification and renewal fees.
Amended by Chapter 377, 2009 General Session