19-5-105 - Rulemaking authority and procedure.
19-5-105. Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purposeof the state administering a program under the federal Clean Water Act or the federal SafeDrinking Water Act may be more stringent than the corresponding federal regulations whichaddress the same circumstances. In making rules, the board may incorporate by referencecorresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations forthe purpose described in Subsection (1), only if it makes a written finding after public commentand hearing and based on evidence in the record that the corresponding federal regulations are notadequate to protect public health and the environment of the state. Those findings shall beaccompanied by an opinion referring to and evaluating the public health and environmentalinformation and studies contained in the record which form the basis for the board's conclusion.
Renumbered and Amended by Chapter 112, 1991 General Session