Michael O. Leavitt Center for Politics & Public Service

Jordan Valley Water Conservancy District Aquifer Storage and Recovery System October 1999 The Jordan Valley Water Conservancy District was issued Class V Underground Injection Control (UIC) Area Permit UTU500005 to operate an aquifer storage and recovery (ASR) system as an integral part of their public water supply system. Under UAC R317-7-5.1 and UAC R317-7-5.5 the Executive Secretary of the Utah Water Quality Board is authorized to call for a permit for any Class V injection well that may endanger an underground source of drinking water.  Since the source waters may be subject to spills or deliberate dumping of contaminants, it is the determination of the Executive Secretary that the proposed injection of water as described above should be permitted. The purpose of the ASR system is to: Capture high quality mountain stream runoff water that is unstored and otherwise uncaptured, treat it, and store it underground for later use; Release stored Deer Creek Reservoir water during the winter months that would otherwise spill during the subsequent spring and cause excessively high flows in the downgradient channel, convey the water to a treatment plant, treat it, and store it underground for later use; Increase the peak demand delivery capacity within Salt (more…)

Natural Resource Damage Claim and Settlement In the late 1980’s the State of Utah became aware of potential impacts to ground water in the area of the Southwest Salt Lake Valley.  Subsequent investigations by the State assessed that there was an injury to the ground water resulting from the release of hazardous substances from Kennecott’s (Kennecott Utah Copper Company) milling and mining operations located in the Bingham mining district. The State filed an initial claim against Kennecott in October 1986 in order to preserve its resource damage claim under the then existing statute of limitations even though a five year study was underway to evaluate the existing and potential impacts to the ground water.  The Federal District Court (since the action by the State was pursued under CERCLA § 107(a)(4)(C), 42 U.S.C. § 9607(a)(4)(C)) stayed the action until the completion of the five year study and gave time to the State and Kennecott to negotiate a settlement. An initial settlement was filed with the court in 1991 but was subsequently found substantively deficient in three major areas, 1) lack sufficient foundation for the State’s determination that its ground water natural resource cannot be restored, 2) failed to require substantial protection (more…)

Creation of a Multiple Agency Cooperative Agreement to Reduce Fecal Contamination in the Waters of Lake Powell In 1996 there were multiple beach closures at the Lake Powell National Recreational Area due to high fecal coliform contamination in waters near swimming beaches. The National Park Service (NPS) was concerned about diminished recreation opportunities and negative economic impacts expected if the number of beach closures continued to increase. As a result, NPS contacted the Utah’s Division of Water Quality (DWQ) to discuss potential mechanisms that could be employed to address fecal contamination of this national resource. A Memorandum of Understanding (MOU) was written between the NPS and DWQ to formalize a cooperative agreement to develop programs to decrease threats to human health resulting from fecal pollutants at Lake Powell. At the time the MOU was drafted little was known about sources of fecal contamination, nor were formal procedures in place to protect public health. As a result, the MOU called for the creation of Lake Powell Technical Advisory Committee (TAC) to make recommendations to the NPS on how best to address fecal pollutants in the lake. The TAC consisted of scientist and resource managers from EPA Region 8, Arizona DWQ, Utah DWQ, (more…)

For the Olympic Winter Games of 2002 held in Salt Lake City, a joint effort with the organizing committee of the Olympic Winter Games of 2002, local health departments and sewerage agencies was undertaken for waste management. The Division of Water Quality worked closely with the Organizing Committee to manage environmental issues. The model used in this event was used subsequently in other venues in Europe and Australia. In February 1999, the planning for waste management strategies began.  The planning covered various contingencies from severe weather and road conditions to equipment failures. The organizing committee awarded waste management contract to a consortium of five companies having considerable experience in waste management of large public gatherings at all types of events. There were twelve venues holding different events. The Games were supported through six support sites, and ten park and ride sites.  Waste management was planned for about a quarter million visitors and support staff. Arrangements were made to bring 2500 portable toilets, 31 restroom trailers for athletes and invited guests, 80 hand wash stations, 90 holding tanks and all available in-place facilities to collect and transport 150,000 gallons per day of wastewater flow, or two million gallons over the duration of (more…)

In March of 1995 legislation passed which provides for Planning and Design Advances to be made by the Utah Water Quality Board to political subdivisions of the state. This legislation provided a means to provide interim financial assistance for project planning until the long-term project financing could be secured.  Planning Advances assisted communities in defining a current situation, selecting the best solution, and identifying an implementation plan. Design Advances gave communities the ability to complete detailed plans and specifications of the wastewater project to be built. Ultimately,

Sales Tax Diversion to the Water Loan Programs February 1994 A water development bill, sponsored by Sen. John Holmgren, passed the legislature. The bill directs 1/8% of sales tax revenue to water projects. Revenue would be split among state water boards as follows: 50% to the Board of Water Resources; 25% to the Water Quality Board; and 25% to the Drinking Water Board. In the second year of funding the bill provided for 50% of the revenues to go to the Department of Transportation provided two conditions occurred: 1) if state surplus revenues are greater than $200 million; and 2) the legislature did not pass a gasoline tax to fund transportation needs.  The funding would initially provide $5 million per year to fund needed wastewater projects. In 1995 this percentage was amended to 1/16%.  Governor Leavitt was opposed to this legislation. Governor Leavitt’s Campaign to Stop the Use of Using Sales Tax Funds To Help Fund Water Projects December 2002 Governor Leavitt attended a joint meeting of the Water Quality Board and Drinking Water Board to speak to his plan to petition the legislature to discontinue the pledging of 1/16% of sales tax revenues to the water loan programs. His (more…)

Storm Water Phase I Program November 1990 Phase I of EPA’s administrative rules for the storm water program were published in the Federal Register on this date. The mandate for the new storm water program came from the reauthorization of the 1987 Clean Water Act. These rules required storm water permits for large and medium municipalities (large municipalities have populations over 250,000; medium municipalities have populations between 100,000 to 250,000). Salt Lake City and Salt Lake County are the only municipalities in Utah that fit the qualifications for permitting, however, with the highway and drainage system that UDOT had through the two municipalities, UDOT was a co-permittee in both municipal permits.  Applications for large and medium municipalities were due in two parts. Part A for large municipalities was due November 18, 1991, Part B was due November 16, 1992. Part A for medium municipalities was due May 18, 1992, Part B was due May 17, 1993. To achieve compliance with the new storm water permit Salt Lake City and Salt Lake County developed storm water ordinances with legal authority and financial resources to support an extensive storm water management and monitoring program. Also included in Phase I of the UPDES (more…)

June 2001 Land development activities within the State cast a spot light on decentralized systems program managed by the Division of Water Quality.  This fact necessitated skilled designers, operators, inspectors and maintenance personnel for a successful decentralized program.  In recognition of this need, the Legislature adopted an onsite professional certification program and funded a training center at the Utah State University, Logan in 2001. In less than six months, the Utah Water Quality Board adopted rules for the certification and certified as many as 300 professionals within a short time frame of four months.

October 1994 The Underground Injection Control (UIC) Program exists to protect underground sources of ground water from contamination through discharges into the subsurface via injection wells. Underground sources of drinking water, or USDWs, are ground water aquifers that currently serve as sources of drinking water or could do so in the future based on the quality of the ground water and a sustainable flow rate sufficient to supply a drinking water well. Although the UIC Program is a federal EPA Program, Utah has received authority from EPA to administer the program for all injection wells. The Utah Division of Water Quality administers the Utah UIC Program for Class I, III, IV, and V injection wells, the definitions for which are available in the regulations, R317-7.  DETAIL OF THE PARTICULAR ISSUE On October 28, 1994, the Utah Water Quality Board approved revisions to the Utah UIC Program administrative rules, R317-7, to incorporate recent changes in the federal UIC rules that clarify existing requirements pertaining to financial responsibility and permit applications and add additional requirements for Class I, III, and V injection wells pertaining to mechanical integrity, plugging and abandonment, Class V authorization by rule, and hazardous waste injection.  WHY IT WAS (more…)

1995, November: DEQ joined the Utah Partners for Conservation and Development, a partnership of federal, state and local authorities interested in the conservation of Utah’s land and water resources. In November, 1995 DEQ joined the Utah Partners for Conservation and Development, a coalition of seventeen federal, state and local agencies and organizations dedicated to protecting and enhancing Utah’s natural resources. The UtahPCD members work together to leverage limited financial and technical resources and increase the effectiveness of their respective programs. The Core Values of the UtahPCD include: Water Quality and Water Quantity for municipal, agricultural and natural resource uses Protecting Utah’s Biological Diversity including wildlife and vegetation Sustainable Agriculture through working and productive farms and ranches Outdoor Recreation opportunity, access, delivery, and quality As a member agency, DEQ is committed to coordinating its efforts, particularly as they relate to protecting and improving water quality through watershed management. Coordination of projects with partners allows one to accomplish more than any one agency or organization could alone.