SB 220: Construction Modifications - Utah

Amended 2/21/2025 16:02:368 → Substitute #1 · 7 edits

MODERATE

This bill updates Utah's construction site storm water runoff regulations by clarifying definitions, establishing preferred best management practices for municipal systems, setting specific timelines for permit reviews and violation corrections, and creating a tiered fine structure for violations. The changes aim to standardize enforcement while allowing flexibility for municipal authorities and the Department of Transportation.

Scope change

The bill applies to construction sites requiring storm water permits, municipal system authorities, and the Department of Transportation, with specific exemptions for DOT under certain conditions.

DEFINITION

Updated and clarified definitions for terms like 'Applicant', 'Authority', 'Electronic site inspection', and 'Best management practice' to align with federal regulations.

REQUIREMENT

Requires municipal system authorities to publish preferred best management practices on their websites and complete prevention plan reviews within 14 business days.

TIMELINE

Established specific deadlines for permit reviews (14 business days), violation correction notices (24 hours), and final enforcement actions (30 days).

ENFORCEMENT

Created a tiered fine structure ranging from $100 to $500 per occurrence for various violations like mud tracking, spill cleanup failures, and permitless work.

Limited municipal authority's ability to stop construction, reserving that power primarily for immediate threats to water quality.

TECHNICAL

Added requirements for electronic site inspections including geo-location, time-stamping, and photo resolution standards.

ELIGIBILITY

Modified permit applicability thresholds for soil disturbance areas and common development plans.

Amended Excerpts 2/21/2025 16:02:368 → Amended 2/21/2025 16:02:368 · 9 edits

MAJOR

This bill amends Utah's storm water runoff regulations to clarify definitions, establish standards for construction site inspections, and create exceptions for the Department of Transportation. The changes modernize terminology and update compliance requirements for construction projects affecting storm water runoff.

Scope change

The bill expands clarity on who is subject to storm water runoff regulations and establishes specific definitions for permit holders, inspection types, and threat levels.

DEFINITION

Added new definitions for 'Applicant', 'Electronic site inspection', 'Immediate threat', 'Imminent threat', and 'State transportation project'.

Modified definition of 'Best management practice' to reference 40 C.F.R. Part 450 instead of the federal Clean Water Act.

Modified definition of 'Construction storm water permit' to clarify soil disturbance thresholds for acreage requirements.

Modified definition of 'Oversight inspection' to clarify that inspections are performed by the authority to impose compliance.

Modified definition of 'Municipal system' to reference 40 C.F.R. Sec. 122.26 instead of the federal Clean Water Act.

Modified definition of 'Prevention plan' to reference 40 C.F.R. Sec. 122.26 instead of the federal Clean Water Act.

Modified definition of 'Program' to reference Section 19-5-104(3)(a) instead of the federal Clean Water Act.

REQUIREMENT

Added new requirements for construction site storm water runoff control with specific permit and inspection procedures.

ENFORCEMENT

Modified enforcement provisions to clarify authority for imposing fines and administrative penalties for violations.

Enrolled → Amended Excerpts 2/21/2025 16:02:368 · 1 edit

MINOR

This amendment modifies the enforcement process for construction site storm water violations, specifically changing how administrative fines are imposed and clarifying the timeline for corrections. The change shifts language from 'may impose' to 'shall impose' for certain fine scenarios, making the penalty requirement more mandatory rather than discretionary for the authority.

ENFORCEMENT

Changed the language regarding administrative fine imposition from discretionary ('may') to mandatory ('shall') for specific violation scenarios, ensuring authorities must impose fines rather than having the option to do so.

Introduced → Enrolled · 6 edits · Mar 24, 2025

MODERATE

This bill amends Utah's water quality laws to strengthen storm water runoff controls at construction sites, clarifies rulemaking authority to align with federal standards, and establishes specific enforcement procedures and penalties for violations.

Scope change

The bill expands the definition of who must comply to include anyone granted an authorization to discharge, clarifies that the Division of Water Quality is an 'Authority' alongside municipal system authorities, and maintains the Department of Transportation's exemption from certain municipal requirements.

DEFINITION

Updated definitions to clarify that 'Authority' includes the Division of Water Quality, and changed 'permit' references to 'authorization to discharge' in some contexts for consistency.

REQUIREMENT

Revised rulemaking procedures to require written findings after public comment and hearing when rules exceed federal standards, with specific requirements for documenting the basis for conclusions.

ENFORCEMENT

Established a tiered enforcement process with specific timelines (14 business days for initial review, 5 business days for additional review), mandatory 24-hour correction periods, and defined fine amounts for various violations.

Added authority for the Division of Water Quality to impose administrative fines and issue stop-work orders for violations not covered by municipal system authority procedures.

PENALTIES

Increased criminal penalties for knowing violations from class A misdemeanor to third degree felony with fines up to $50,000 per day, and added second degree felony provisions for violations causing imminent danger of death or serious bodily injury.

TECHNICAL

Made technical and conforming changes to align state statutes with federal Clean Water Act requirements and updated cross-references to current laws.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill substitutes a revised version of SB 220 that refines definitions, clarifies enforcement procedures, and adjusts penalty structures for construction site storm water runoff violations. The changes aim to improve clarity in how permits are issued, how violations are documented, and how fines are assessed and collected.

Scope change

The bill's scope remains focused on construction site storm water runoff controls, but the applicability of certain provisions has been clarified, particularly regarding municipal system authorities and the Department of Transportation.

DEFINITION

Updated definitions for terms like 'Applicant', 'Authority', and 'Electronic site inspection' to clarify who is responsible for oversight and how inspections are conducted.

REQUIREMENT

Revised timelines for reviewing prevention plans, changing from 14 business days to 5 business days for certain requests, and clarified the process for requesting additional information.

ENFORCEMENT

Adjusted enforcement procedures to specify when authorities can issue fines versus stopping construction, and clarified the process for escalating violations.

Revised fine amounts and structures, including specific fines for various violations like working without a permit, tracking mud, and failure to clean up spills.

TECHNICAL

Made technical corrections to formatting, cross-references, and language throughout the bill to improve clarity and consistency.

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