Utah Administrative Code
Topic - Environmental Quality
Title R317 - Water Quality
Rule R317-8 - Utah Pollutant Discharge Elimination System (UPDES)
Section R317-8-1 - General Provisions and Definitions
Universal Citation: UT Admin Code R 317-8-1
Current through Bulletin 2024-06, March 15, 2024
1.1 COMPARABILITY WITH THE CWA. The UPDES rules promulgated pursuant to the Utah Water Quality Act are intended to be compatible with the Federal regulations adopted pursuant to CWA.
1.2 CONFLICTING PROVISIONS. The provisions of the UPDES rules are to be construed as being compatible with and complementary to each other. In the event that any of these rules are found by a court of competent jurisdiction to be contradictory, the more stringent provisions shall apply.
1.3 SEVERABILITY. In the event that any provision of these rules is found to be invalid by a court of competent jurisdiction, the remaining UPDES rules shall not be affected or diminished thereby.
1.4 ADMINISTRATION OF THE UPDES PROGRAM. The Director has responsibility for the administration of the UPDES program, including pretreatment. The responsibility for the program is delegated to the Director in accordance with UCA Subsection 19-5-104(11) and UCA Subsection 19-5-107(2)(a). The Director has the responsibility for issuance, denial, modification, revocation and enforcement of UPDES permits, including general permits, Federal facilities permits, and sludge permits; and approval and enforcement authority for the pretreatment program.
1.5 DEFINITIONS. The following terms have the meaning as set forth unless a different meaning clearly appears from the context or unless a different meaning is stated in a definition applicable to only a portion of these rules:
(1) "Administrator" means the Administrator
of the United States Environmental Protection Agency, or an authorized
representative.
(2) "Applicable
standards and limitations" means all standards and limitations to which a
discharge, a sewage sludge use or disposal practice, or a related activity is
subject under Subsection
19-5-104(6)
of the Utah Water Quality Act and rules promulgated pursuant thereto, including
but not limited to effluent limitations, water quality standards, standards of
performance, toxic effluent standards or prohibitions, best management
practices, pretreatment standards, and standards for sewage sludge use or
disposal.
(3) "Application" means
the forms available from the Division, which are the same as the EPA standard
NPDES forms, for applying for a UPDES permit, including any additions,
revisions or modifications.
(4)
"Average monthly discharge limit" means the highest allowable average of daily
discharges over a calendar month, calculated as the sum of all daily discharge
measured during a calendar month divided by the number of daily discharges
measured during the month.
(5)
"Average weekly discharge limit" means the highest allowable average of daily
discharges over a calendar week, calculated as the sum of all daily discharges
measured during a calendar week divided by the number of daily discharges
measured during that week.
(6)
"Best management practices (BMPs)" means schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices to prevent
or reduce the pollution of waters of the state. BMPs also include treatment
requirements, operating procedures, practices to control plant site runoff,
spillage or leaks, sludge or waste disposal or drainage from raw material
storage.
(7) "Class I sludge
management facility" means any POTW required to have an approved pretreatment
program under
R317-8-8 and any
other treatment works treating domestic sewage classified as a Class I sludge
management facility by the Director, because of the potential for its sludge
use or disposal practices to adversely affect public health and the
environment.
(8) "Continuous
discharge" means a discharge which occurs without interruption throughout the
operating hours of the facility, except for infrequent shutdowns for
maintenance, process changes, or other similar activities.
(9) "CWA" means the Clean Water Act as
subsequently amended (
33 U.S.C.
1251 et seq.).
(10) "Daily discharge" means the discharge of
a pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling. For pollutants
with limitations expressed in units of mass, the daily discharge is calculated
as the total mass of the pollutant discharged over the day. For pollutants with
limitations expressed in other units of measurement, the daily discharge is
calculated as the average measurement of the pollutant over the day.
(11) "Direct discharge" means the discharge
of a pollutant.
(12) "Discharge of
a pollutant" means any addition of any pollutants to "waters of the State" from
any "point source." This definition includes additions of pollutants into
waters of the State from: surface runoff which is collected or channeled by
man; discharges through pipes, sewers, or other conveyances owned by the State,
a municipality, or other person which do not lead to a treatment works; and
discharges through pipes, sewers, or other conveyances, leading into privately
owned treatment works. This term does not include an addition of pollutants by
any "indirect discharger."
(13)
"Economic impact consideration" means the reasonable consideration given by the
Director to the economic impact of water pollution control on industry and
agriculture; provided, however, that such consideration shall be consistent and
in compliance with the CWA and EPA promulgated regulations.
(14) "Discharge Monitoring Report (DMR)"
means EPA uniform national form or equivalent State form, including any
subsequent additions, revisions or modifications, for the reporting of
self-monitoring results by permittees.
(15) "Draft permit" means a document prepared
under R317-8-6.3 indicating the Director's preliminary decision to issue or
deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of
intent to terminate a permit, and a notice of intent to deny a permit are types
of draft permits. A denial of a request for modification, revocation and
reissuance, or termination as provided in R317-8-5.6 is not a draft permit. A
proposed permit prepared after the close of the public comment period is not a
draft permit.
(16) "Effluent
limitation" means any restriction imposed by the Director on quantities,
discharge rates, and concentrations of pollutants which are discharged from
point sources into waters of the State.
(17) "Effluent limitations guidelines" means
a regulation published by the Administrator under section 304(b) of C WA to
adopt or revise effluent limitations.
(18) "Environmental Protection Agency (EPA)"
means the United States Environmental Protection Agency.
(19) "Facility or activity" means any UPDES
point source, or any other facility or activity, including land or
appurtenances thereto, that is subject to regulation under the UPDES
program.
(20) "General permit"
means any UPDES permit authorizing a category of discharges within a
geographical area, and issued under R317-8-2.5.
(21) "Hazardous substance" means any
substance designated under 40 CFR Part 116.
(22) "Indirect discharge" means a nondomestic
discharger introducing pollutants to a publicly owned treatment
works.
(23) "Interstate agency"
means an agency of which Utah and one or more states is a member, established
by or under an agreement or compact, or any other agency, of which Utah and one
or more other states are members, having substantial powers or duties
pertaining to the control of pollutants.
(24) "Major facility" means any UPDES
facility or activity classified as such by the Director in conjunction with the
Regional Administrator.
(25)
"Maximum daily discharge limitation" means the highest allowable daily
discharge.
(26) "Municipality"
means a city, town, district, county, or other public body created by or under
the State law and having jurisdiction over disposal of sewage, industrial
wastes, or other wastes. For purposes of these rules, an agency designated by
the Governor under Section 208 of the C WA is also considered to be a
municipality.
(27) "National
Pollutant Discharge Elimination System (NPDES)" means the national program for
issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements under
Sections 307, 402, 318 and 405 of the CWA.
(28) "New discharger" means any building,
structure, facility, or installation:
(a) From
which there is or may be a "discharge of pollutants;"
(b) That did not commence the "discharge of
pollutants" at a particular 'site" prior to August 13, 1979;
(c) Which is not a "new source;"
and
(d) Which has never received a
finally effective UPDES permit for discharges at that 'site."
This definition includes an "indirect discharger" which commenced discharging into waters of the state after August 13, 1979.
(29) "New source" means
any building, structure, facility, or installation from which there is or may
be a direct or indirect discharge of pollutants, the construction of which
commenced;
(a) After promulgation of EPA's
standards of performance under Section 306 of C WA which are applicable to such
source, or
(b) After proposal of
Federal standards of performance in accordance with Section 306 of CWA which
are applicable to such source, but only if the Federal standards are
promulgated in accordance with Section 306 within 120 days of their
proposal.
(30)
"Non-continuous or batch discharge" for a discharge to be considered a
non-continuous or batch discharge the following must apply:
(a) Frequency of a non-continuous or batch
discharge:
i. shall not occur more than once
every three (3) weeks,
ii. shall
not be more than once during the three (3) weeks and
iii. shall not exceed 24 hours;
(b) Shall not cause a slug load at
the POTW.
(31) "Owner or
operator" means the owner or operator of any facility or activity subject to
regulation under the UPDES program.
(32) "Permit" means an authorization,
license, or equivalent control document issued by the Director to implement the
requirements of the UPDES rules. "Permit" includes a UPDES "general permit."
The term does not include any document which has not yet been the subject of
final agency action, such as a draft permit or a proposed permit.
(33) "Person" means any individual,
corporation, partnership, association, company or body politic, including any
agency or instrumentality of the United States government.
(34) "Point source" means any discernible,
confined, and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft, from which pollutants are or may be
discharged. This term does not include agricultural storm-water runoff or
return flows from irrigated agriculture.
(35) "Pollutant" means, for the purpose of
these rules, dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials (except those regulated under the Atomic
Energy Act of 1954, as amended (
42 U.S.C.
2011 et seq.)), heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural
waste discharged into water. It does not mean:
(a) Sewage from vessels; or
(b) Water, gas, or other material which is
injected into a well to facilitate production of oil or gas, or water derived
in association with oil and gas production and disposed of in a well, if the
well used either to facilitate production or for disposal purposes is approved
by authority of the State in which the well is located, and if the State
determines that the injection or disposal will not result in the degradation of
ground or surface water resources.
(36) "Pollution" means any man-made or
man-induced alteration of the chemical, physical, biological, or radiological
integrity of any waters of the State, unless such alteration is necessary for
the public health and safety. Alterations which are not consistent with the
requirements of the C WA and implementing regulations shall not be deemed to be
alterations necessary for the public health and safety. A discharge not in
accordance with Utah Water Quality Standards, stream classification, and UPDES
permit requirements, including technology-based standards shall be deemed to be
pollution.
(37) "Primary industry
category" means any industry category listed in R317-8-3.11.
(38) "Privately owned treatment works" means
any device or system which is used to treat wastes from any facility whose
operator is not the operator of the treatment works and which is not a
POTW.
(39) "Process wastewater"
means any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material,
intermediate product, finished product, byproduct, or waste product.
(40) "Proposed permit" means a UPDES permit
prepared after the close of the public comment period and, when applicable, any
public hearing and adjudicative proceedings, which is sent to EPA for review
before final issuance by the Director. A proposed permit is not a draft
permit.
(41) "Publicly-owned
treatment works" (POTW) means any facility for the treatment of pollutants
owned by the State, its political subdivisions, or other public entity. For the
purposes of these rules, POTW includes sewers, pipes or other conveyances
conveying wastewater to a POTW providing treatment, treatment of pollutants
includes recycling and reclamation, and pollutants refers to municipal sewage
or industrial wastes of a liquid nature.
(42) "Recommencing discharger" means a source
which resumes discharge after terminating operation.
(43) "Regional Administrator" means the
Regional Administrator of the Region VIII office of the EPA or the authorized
representative of the Regional Administrator.
(44) "Schedule of compliance" means a
schedule of remedial measures included in a permit, including an enforceable
sequence of interim requirements leading to compliance with the Utah Water
Quality Act and rules promulgated pursuant thereto.
(45) "Secondary industry category" means any
industry category which is not a primary industry category.
(46) "Septage" means the liquid and solid
material pumped from a septic tank, cesspool, or similar domestic sewage
treatment system, or a holding tank when the system is cleaned or
maintained.
(47) "Seven (7)
consecutive day discharge limit" means the highest allowable average of daily
discharges over a seven (7) consecutive day period.
(48) "Sewage from vessels" means human body
wastes and the wastes from toilets and other receptacles intended to receive or
retain body wastes that are discharged from vessels and regulated under Section
312 of CWA.
(49) "Sewage sludge"
means any solid, semi-solid, or liquid residue removed during the treatment of
municipal wastewater or domestic sewage. Sewage sludge includes, but is not
limited to, solids removed during primary, secondary or advanced wastewater
treatment, scum, septage, portable toilet dumpings, type III marine sanitation
device pumpings, and sewage sludge products. Sewage sludge does not include
grit or screenings, or ash generated during the incineration of sewage
sludge.
(50) "Sewage sludge use or
disposal practice" means the collection, storage, treatment, transportation,
processing, monitoring, use, or disposal of sewage sludge.
(51) "Site" means the land or water area
where any "facility or activity" is physically located or conducted, including
adjacent land used in connection with the facility or activity.
(52) "Sludge-only facility" means any
treatment works treating domestic sewage whose methods of sewage sludge use or
disposal are subject to rules promulgated pursuant to Section
19-5-104
of the Utah Water Quality Act and which is required to obtain a permit under
R317-8-2.1.
(53) "Standards for
sewage sludge use or disposal" means the rules promulgated pursuant to Section
19-5-104
of the Utah Water Quality Act which govern minimum requirements for sludge
quality, management practices, and monitoring and reporting applicable to
sewage sludge or the use or disposal of sewage sludge by any person.
(54) "State/EPA Agreement" means an agreement
between the State and the Regional Administrator which coordinates State and
EPA activities, responsibilities and programs, including those under the CWA
programs.
(55) "Thirty (30)
consecutive day discharge limit" means the highest allowable average of daily
discharges over a thirty (30) consecutive day period.
(56) "Toxic pollutant" means any pollutant
listed as toxic in R317-8-7.6 or, in the case of sludge use or disposal
practices, any pollutant identified as toxic in State adopted rules for the
disposal of sewage sludge.
(57)
"Treatment works treating domestic sewage" means a POTW or any other sewage
sludge or waste water treatment devices or systems, regardless of ownership
(including federal facilities), used in the storage, treatment, recycling, and
reclamation of municipal or domestic sewage, including land dedicated for the
disposal of sewage sludge. This definition does not include septic tanks or
similar devices. For purposes of this definition, "domestic sewage" includes
waste and swaste water from humans or household operations that are discharged
to or otherwise enter a treatment works.
(58) "Variance" means any mechanism or
provision under the UPDES rules which allows modification to or waiver of the
generally applicable effluent limitation requirements or time
deadlines.
(59) "Waters of the
State" means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface and underground, natural or artificial, public
or private, which are contained within, flow through, or border upon this State
or any portion thereof, except that bodies of water confined to and retained
within the limits of private property, and which do not develop into or
constitute a nuisance, or a public health hazard, or a menace to fish or
wildlife, shall not be considered to be "waters of the State." The exception
for confined bodies of water does not apply to any waters which meet the
definition of "waters of the United States" under
40
CFR 122.2. Waters are considered to be
confined to and retained within the limits of private property only if there is
no discharge or seepage to either surface water or groundwater. Waters of the
State includes "wetlands" as defined in the Federal Clean Water Act.
(60) "Wetlands" means those areas that are
inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstance do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas.
(61) "Whole effluent
toxicity" means the aggregate toxic effect of an effluent as measured directly
by a toxicity test.
(62) "Utah
Pollutant Discharge Elimination System (UPDES)" means the State-wide program
for issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements under
the Utah Water Quality Act.
1.6 DEFINITIONS APPLICABLE TO STORM-WAT E R DISCHARGES.
(1) "Co-Permittee" means a
permittee to a UPDES permit that is only responsible for permit conditions
relating to the discharge for which it is operator.
(2) "Illicit discharge" means any discharge
to a municipal separate storm sewer that is not composed entirely of storm
water except discharges pursuant to a UPDES permit (other than the UPDES permit
for discharges from the municipal separate storm sewer) and discharges
resulting from fire fighting activities.
(3) "Incorporated place" means a city or town
that is incorporated under the laws of Utah.
(4) "Large municipal separate storm sewer
system" means all municipal separate storm sewers that are:
(a) Located in an incorporated place with a
population of 250,000 or more as determined by the 1990 Decennial Census by the
Bureau of Census; or
(b) Located in
counties with unincorporated urbanized areas with a population of 250,000 or
more according to the 1990 Decennial Census by the Bureau of Census, except
municipal separate storm sewers that are located in the incorporated places,
townships or towns within the County; or
(c) Owned or operated by a municipality other
than those described in R317-8-1.6(4)(a) or (b) and that are designated by the
Director as part of a large or medium municipal separate storm sewer system.
See R317-8-3.9(6)(a) for provisions regarding this definition.
(5) "Major municipal separate
storm sewer outfall" (or "major outfall") means a municipal separate storm
sewer outfall that discharges from a single pipe with an inside diameter of 36
inches or more or its equivalent (discharge from a single conveyance other than
circular pipe which is associated with a drainage area of more than 50 acres);
or for municipal separate storm sewers that receive storm water from lands
zoned for industrial activity (based on comprehensive zoning plans or the
equivalent), an outfall that discharges from a single pipe with an inside
diameter of 12 inches or more or from its equivalent (discharge from other than
a circular pipe associated with a drainage area of 2 acres or more).
(6) "Major outfall" means a major municipal
separate storm sewer outfall.
(7)
"Medium municipal separate storm sewer system" means all municipal separate
storm sewers that are:
(a) Located in an
incorporated place with a population of 100,000 or more but less than 250,000,
as determined by the 1990 Decennial Census by the Bureau of Census;
(b) Located in counties with unincorporated
urbanized areas with a population greater than 100,000 but less than 250,000 as
determined by the 1990 Decennial Census by the Bureau of the Census;
or
(c) Owned or operated by a
municipality other than those described in R317-8-1.6(4)(a) and (b) and that
are designated by the Director as part of the large or medium municipal
separate storm sewer system. See R317-8-3.9(6)(b) for provisions regarding this
definition.
(8) "MS4"
means a municipal separate storm sewer system.
(9) "Municipal separate storm sewer system"
means all separate storm sewers that are defined as "large" or "medium" or
'small" municipal separate storm sewer systems pursuant to paragraphs
R317-8-1.6(4), (7), and (14) of this section, or designated under paragraph
R317-8-3.9(1)(a) 5 of this section.
(10) "Outfall" means a point source at the
point where a municipal separate storm sewer discharges to waters of the State
and does not include open conveyances connecting two municipal separate storm
sewers, or pipes, tunnels or other conveyances which connect segments of the
same stream or other waters of the State and are used to convey waters of the
State.
(11) "Overburden" means any
material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally occurring surface materials
that are not disturbed by mining operations.
(12) "Runoff coefficient" means the fraction
of total rainfall that will appear at a conveyance as runoff.
(13) "Significant materials" means, but is
not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances
designated under section 101(14) of CERCLA: any chemical the facility is
required to report pursuant to section 313 of Title III of SARA: fertilizers;
pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with storm water discharges.
(14) "Small municipal separate storm sewer
system" means all separate storm sewers that are:
(a) Owned or operated by the United States,
State of Utah, city, town, county, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial waste, storm water, or other wastes, including special
districts under State law such as a sewer district, flood control district or
drainage district, or similar entity, or a designated and approved management
agency under section 208 of the C WA that discharges to waters of the
State.
(b) Not defined as "large"
or "medium" municipal separate storm sewer system pursuant to paragraphs
R317-8-1.6(4) and (7) of this section, or designated under paragraph
R317-8-3.9(1)(a) 5 of this section.
(c) This term includes systems similar to
separate storm sewer systems in municipalities, such as systems at military
bases, large hospital or prison complexes, and highways and other
thoroughfares. The term does not include separate storm sewers in very discrete
areas, such as individual buildings.
(15) "Small MS4" means a small municipal
separate storm sewer system.
(16)
"Storm water" means storm water runoff, snow melt runoff, and surface runoff
and drainage.
(17) "Storm water
discharge associated with industrial activity" means the discharge from any
conveyance which is directly related to manufacturing, processing or raw
materials storage areas at an industrial plant. The term does not include
discharges from facilities or activities excluded from the UPDES program. See
R317-8-3.9(6)(c) and (d) for provisions applicable to this
definition.
(18) "Uncontrolled
sanitary landfill means a landfill or open dump, whether in operation or
closed, that does not meet the requirements for runon or runoff controls
established pursuant to subtitle D of the Solid Waste Disposal Act.
1.7 ABBREVIATIONS AND ACRONYMS. The following abbreviations and acronyms, as used throughout the UPDES rules, shall have the meaning given below:
(1) "BAT"
means best available technology economically achievable;
(2) "BCT" means best conventional pollutant
control technology;
(3) "BMPs"
means best management practices;
(4) "BOD" means biochemical oxygen
demands;
(5) "BPT" means best
practicable technology currently available;
(6) "CFR" means Code of Federal
Regulations;
(7) "COD" means
chemical oxygen demand;
(8) "CWA"
means the Federal Clean Water Act;
(9) "DMR" means discharge monitoring
report;
(10) "NPDES" means National
Pollutant Discharge Elimination System;
(11) "POTW" means publicly owned treatment
works;
(12) "SIC" means standard
industrial classification;
(13)
"TDS" means total dissolved solids;
(14) "TSS" means total suspended
solids;
(15) "UPDES" means Utah
Pollutant Discharge Elimination System;
(16) "UWQB" means the Utah Water Quality
Board;
(17) "WET" means whole
effluent toxicity.
1.8 UPGRADE AND RECLASSIFICATION. Upgrading or reclassification of waters of the State by the Utah Water Quality Board may be done periodically, but only using procedures and in a manner consistent with the requirements of State and Federal law.
1.9 PUBLIC PARTICIPATION. The Division will investigate and provide written response to all citizen complaints. In addition, the Director shall not oppose intervention in any civil or administrative proceeding by any citizen where permissive intervention may be authorized by statute, rule or regulation. The Director will publish notice of and provide at least 30 days for public comment on any proposed settlement of any enforcement action.
1.10 INCORPORATION OF FEDERAL REGULATIONS BY REFERENCE. The State adopts the following Federal standards and procedures, effective as of December 8, 1999 unless otherwise noted, which are incorporated by reference:
(1)40 CFR 129 (Toxic Effluent
Standards) with the following exceptions:
(a)
Substitute "UPDES" for all federal regulation references to "NPDES".
(b) Substitute Director of the Division of
Water Quality for all federal regulation references to 'State
Director".
(c) Substitute
"R317-8-4.4,
R317-8-6, and
R317-8-7 "
for all federal regulation references to "40 CFR Parts 124 and
125".
(2)40 CFR 133
(Secondary Treatment Regulation) with the following exceptions:
(a)
40 CFR
133.102 for which R317-1-3.2 is
substituted.
(b)
40 CFR
133.105.
(c) Substitute "UPDES" or "Utah Pollutant
Discharge Elimination System" for all federal regulation references for "NPDES"
or "National Pollutant Discharge Elimination System", respectively.
(d) Substitute Director of the Division of
Water Quality for all federal regulation references to 'State Director" in
40 CFR
133.103.
(3)40 CFR 136 (Guidelines Establishing Test
Procedures for the Analysis of Pollutants)
(4)
40 CFR
403.6 (National Pretreatment Standards and
Categorical Standards), effective as of May 16, 2008, with the following
exception:
(a) Substitute Director of the
Division of Water Quality for all federal regulation references to
"Director".
(5)
40 CFR 403.7,
effective as of May 16, 2008, (Removal Credits)
(6)
40
CFR 403.13, effective as of May 16, 2008,
(Variances from Categorical Pretreatment Standards for Fundamentally Different
Factors)
(7) 40 CFR Parts 405
through 411
(8) 40 CFR Part 412,
effective as of July 30, 2012, with the following changes:
(a) Substitute Director of the Division of
Water Quality for all federal regulation references to "Director".
(b) Substitute "UPDES" for all federal
regulation references to "NPDES".
(c) Substitute 'surface waters" of the state
for all federal regulation references to 'surface water," "waters of the United
States," "navigable waters," or "U.S. waters."
(9) 40 CFR Parts 413 through 471
(10)40 CFR 503 (Standards for the Use or
Disposal of Sewage Sludge), effective as of the date that responsibility for
implementation of the federal Sludge Management Program is delegated to the
State except as provided in R317-1-6.4, with the following changes:
(a) Substitute Director of the Division of
Water Quality for all federal regulation references to "Director".
(11)
40
CFR 122.30
(12)
40
CFR 122.32
(a) In 122.32(a)(2), replace the reference
122.26(f) with R317-8-3.9(5).
(13)
40
CFR 122.33
(a) In 122.33(b)(2)(i), replace the reference
122.21(f) with R317-8-3.1(6).
(b)
In 122.33(b)(2)(i), replace the reference 122.21(f)(7) with
R317-8-3.1(6)(g).
(c) In
122.33(b)(2)(ii), replace the reference 122.26(d)(1) and (2) with
R317-8-3.9(3)(a) and (b)
(d) In
122.33(b)(3), replace the reference 122.26 with R317-8.
(e) In 122.33(b)(3), replace the reference
122.26(d)(1)(iii) and (iv); and (d)(2)(iv) with R317-8-3.9(3)(a) 3 and 4; and
(3)(b)4.
(14)
40
CFR 122.34
(a) In 122.34(a), replace the reference
122.26(d) with R317-8-3.9(3).
(b)
In 122.34(b)(3)(i), replace the reference 122.26(d)(2) with
R317-8-3.9(3)(b).
(c) In
122.34(b)(4)(i), replace the reference 122.26(b)(15)(i) with R317-8-3.9(6)(e)
1.
(d) In 122.34(f), replace the
references 122.41 through 122.49 with R317-8-4.1 through R317-8-5.4.
(e) In 122.34(g)(2), replace the reference
122.7 with R317-8-3.3.
(15)
40
CFR 122.35
(a) In 122.35, replace the reference 122 with
R317-8.
(16)
40
CFR 122.36
(17) For the references R317-8-1.10(12),
(13), (14), (15), and (16), make the following substitutions:
(a) Substitute the Director of the Division
of Water Quality for the "NPDES permitting authority"
(b) Substitute "UPDES" for "NPDES"
(18) Effective as of July 30,
2012,
40
CFR 122.2 1(i) Application requirements for
new and existing concentrated animal feeding operations and aquatic animal
production facilities,
40
CFR 122.23 Concentrated animal feeding
operations,
40
CFR 122.28(b)(2)
Authorization to discharge,
40
CFR 122.42(e) Additional
conditions applicable to specified categories of NPDES permits,
40
CFR 122.62(a)(17)
Modification or revocation and reissuance of permits, Nutrient Management
Plans, and
40 CFR
122.63(h) Minor modification
of permits, changes to the terms of a CAFO's Nutrient Management Plan, with the
following substitutions:
(a) Substitute
"Director of the Division of Water Quality" for all federal regulation
references to "Director" or 'State Director".
(b) Substitute "UPDES" for all federal
regulation references to "NPDES".
(c) Substitute 'surface waters of the state"
for all federal regulation references to 'surface water," "waters of the United
States," "navigable waters," or "U.S. waters."
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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