Michael O. Leavitt Center for Politics & Public Service

Concentrated Animal Feeding Operations in Utah In 1992, the City of Milford and Beaver and Iron Counties invited a consortium of hog producers to build a Concentrated Animal Feeding Operation (CAFO) as a means to provide economic stimulus and expand their tax base. Local officials and citizens had little working knowledge of CAFOs. Initial public meetings supported the concept based on economic issues and employment prospects for the community. In 1993, the hog CAFO was approved and a groundwater discharge permit was issued by the Utah Department of Environmental Quality. Groundwater discharge permits protect the beneficial uses of groundwater from the CAFO wastewater facilities and manure lagoons. Other existing Utah environmental regulations may or may not have been adequate at the time to respond to the potential negative impacts associated with CAFOs. The hog farm was first populated in 1994 and is still expanding in 2008. While State permits for groundwater and drinking water protection were in place, other unknown or unintended consequences became apparent after hog farming operations began. By 1997 the local communities were demanding public meetings to complain about noxious odor emissions, contaminated drinking water resources, increasing health impairments, and questioning whether the economic benefits were worth (more…)

Legislation to Acquire Authority for Funding Nonpoint Source Pollution Projects January 2000 The law went into effect on May 1, 2000 that enabled the WQB to make loans from the State Revolving Fund to individuals, corporations, associations, or other private entities to acquire, construct, or implement nonpoint source (NPS) or underground wastewater disposal system (UWDS) projects. DWQ worked with soil conservation districts, the Natural Resources Conservation Service, Utah Association of Conservation Districts & local health departments to develop the program. NPS project means ‘any facility, system, practice, or mechanism to abate, prevent or reduce pollution of waters of the state caused by nonpoint sources’. The NPS objectives included: Abate or reduce untreated or uncontrolled runoff; Abate or reduce untreated raw sewage discharges; Improve critical aquatic habitat resources; Preserve and protect beneficial uses; Reduce the number of water bodies not achieving WQ standards; Improve watershed management; Prepare and implement TMDL assessments; Conserve soil, water, or other natural resources; Protect and improve ground water quality; and wastewater collection and treatment.  The Water Quality Board approved the Executive Secretary to authorize funding for projects under $150,000.  Projects must have a water quality improvement component. Stormwater Projects Water Quality Improvement must be the main (more…)

Wastewater Needs Survey June 2000 A report was prepared for the U.S. Environmental Protection Agency’s to identify Utah’s capital needs for wastewater infrastructure over the next 20 years. The report presented the potential capital costs for publicly-owned municipal wastewater collection and treatment, municipal storm water management, and NPS pollution control needs as of January 1, 2000. Information and data was obtained by collecting planning level documents prepared by local municipalities and districts. Based upon information gather Utah’s capital costs for infrastructure that will meet the state’s wastewater needs through 2020 were $848 million dollars, including $421 million for treatment facilities, $412 million for sewer system, and $15 million for storm water and non-point. No capital costs were considered if no plans had been prepared to substantiate the costs.

March 1996 During Governor Leavitt administration, legislation was passed imposing requirements that stated “a water conservancy district or retail water provider may only receive state funds for water development if they comply with the requirement to prepare a water conservation plan.” The most recent version of the legislation is found in UCA 73-10-32 (5). It was the intent of the Legislature that the water conservation plans, amendments to water conservation plans, and the studies and report by the board be handled within the existing budgets of the respective entities or agencies. As a result, water agencies now require that a water conservation plan is submitted prior to closing loans for any municipal water or wastewater infrastructure project. The Department of Natural Resources, Division of Water Resources passed rules found at UAC R-653 that have further defined the components of a water conservation plan.

Development of the East Canyon Creek In February,  2000 the Division of Water Quality completed a water quality study for East Canyon Creek in Summit County. The study,  referred to as a Total Maximum Daily Load or “TMDL”, was one of the first in Utah that addressed point source (permitted discharge) and nonpoint sources of pollutant loading into the Creek. East Canyon Creek suffers from excessive aquatic plant growth in the stream channel that affects the dissolved oxygen levels in the Creek required by fish such as cutthroat trout to thrive. To reduce this plant growth reductions in phosphorus, a key nutrient, were established for both the East Canyon Water Reclamation Facility and other sources including the ski resorts, golf courses,  and agricultural grazing lands. Since then, significant reductions in phosphorus loading have been realized,  primarily through an upgrade of the treatment plant. At the same time other activities in the watershed,  especially commercial and residential developments, have greatly increased.  Although phosphorus remains a concern,  the water quality impacts of rapid development such as increased soil erosion, sedimentation of the stream bed and decreased flows have become more prevalent.

Utah Strategy for Animal Feeding Operation (AFO) Compliance 2000, March: The Division of Water Quality entered into an agreement called A Utah Strategy to Address Water Pollution From Animal Feeding Operations (Utah Strategy) with Utah Farm Bureau, Utah Association of Conservation Districts, Utah Department of Agriculture and Food, and other agricultural agencies and producer groups, to implement a cooperative process to improve waste management at AFOs. The Utah Strategy agreement departed from the traditional regulatory approach to protect water quality. The strategy is unique among the states and has received national recognition from EPA and the National CAFO Roundtable. The strategy relied on partnering and voluntary compliance.  The Utah Strategy provided for the agricultural industry and agencies to identify problem AFOs and then provide education, compliance and technical assistance, and financial assistance to address compliance problems at AFOs. The strategy utilized the agricultural partner’s knowledge and working relationships with the producers to increase compliance with the water quality regulations. Impacts to Utah’s waters were reduced through the assistance of the agricultural partners in the preparation and implementation of nutrient management plans which provide proper management and control of wastes.  The innovative Utah Strategy has been successful at assisting AFOs with (more…)

Utah Aquifer Classifications The October 4, 1984 Governor’s Executive Order stated that it will be Utah’s ground water protection policy that “The quality of ground water will be protected to a degree commensurate with current and probable future uses.  Preventive measures will be taken to minimize contamination of the resources so that current and future public and private beneficial uses will not be impaired.” Classification still remains the primary means for implementing this policy. The Utah Ground Water Quality Protection Regulations, R-317-6-5, defines procedures for preparing a petition to classify entire aquifers or parts of an aquifer as a method for maintaining ground water quality in these areas. By classifying an aquifer, the limit of degradation allowable in ground water is established. Aquifer classification does not mandate any specific actions for local planning and zoning, nor obligate local governments to perform any technical assessments or monitoring, nor restrict existing or future land use.  Any entity may petition the Utah Water Quality Board for the classification or reclassification of an aquifer.  During the Michael O Leavitt’s administration, January 1993 through November 2003, five areas in the state classified their aquifers.  They were: Wasatch County (Heber Valley and Round Valley) in 1995; (more…)

Ground Water Bacterial Investigation for Milford Valley In the fall of 1998, DEQ and the Southwest Public Health Department began receiving complaints from residents of the Milford Flats area that bacteria were present in private drinking water wells.  Milford Flats is located south of the town of Milford in Beaver County.  In response to these complaints, DEQ formed a Ground Water Steering Committee comprised of federal, state, and local agencies, and Milford Flat residents. The objective of the Ground Water Steering Committee was to determine the extent of contamination and other factors concerning ground water in the Milford Flats area. In December 1998 and January and February 1999, water samples were collected from the following: 25 private wells; the Beaver River and associated canals; Circle Four Farms swine wastewater lagoons; Circle Four Farms shallow monitoring wells; and Circle Four Farms deep water supply wells. Six different analytical approaches were conducted for the water samples.  The first analysis identified coliform bacteria isolates from 20 of the 25 private water wells. After wellhead decontamination by sodium hypochlorite, a second analysis was conducted for the 20 private wells that tested positive for bacteria in the first round of sampling. A third analysis was (more…)

The Governor’s “Growth Summit” December 1995 Quality growth planning in Utah began with the Growth Summit in 1995, a conference sponsored by Governor Mike Leavitt in partnership with state and local leaders intended to result in solutions to the growth challenges facing the state. The governor focused the summit on transportation, water and open space issues that he felt needed to be addressed to preserve Utah’s quality of life.  In addition to state and local leaders, journalists and citizens were engaged in the policy dialogue at a town meeting discussion that was hosted on the Internet and by radio and TV stations. Governor Leavitt also hosted a lunch-hour Internet chat about growth issues. The Growth Summit resulted in many proposals and a legacy of quality growth planning in Utah that includes: In 1996,  Governor Leavitt created the Utah Critical Lands Committee. This Committee supported numerous open space projects and developed educational materials describing the tools and techniques for open space conservation. In 1997, the state partnered with Envision Utah, a public/private community partnership dedicated to studying the effects of long term growth, creating a publicly supported vision for the future, and advocating the necessary strategies necessary to achieve this vision. (more…)

Development of Guidance Document for Heap Leach Extraction Facilities January 1998 The Division of Water Quality (DWQ) began regulating cyanide heap leach operations in the late 1980s when a number of applications for construction permits were received from various mining companies. During the review process for these initial heap leach permit applications, and the subsequent application reviews for facility expansions and permit renewals, DWQ staff developed a scientific and engineering knowledge base for the design and construction of heap leach facilities. This knowledge base was augmented by formal staff technical training, on-going interaction with mining companies and/or their consultants, and benchmarking of regulations for other western states including Colorado,  Idaho, Montana, Nevada, New Mexico,  and South Dakota. Although DWQ considered promulgating regulations for the design and construction of heap leach facilities, the agency recognized that specific, detailed regulations could unnecessarily constrain facility designs and restrict consideration of site-specific conditions or application of new technologies. Instead of prescriptive rules, DWQ used its extensive experience and knowledge base to develop guidelines for the design and construction of heap leach facilities including leach pads, solution ponds, solution collection systems, and solution conveyance systems that are adequate for protecting ground water quality while considering (more…)