DWQ-2025-002682

In compliance with the American Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Larene Wyss, Office of Human resources, at [phone], TDD [phone], or by email at [e-mail] at least five working days prior to the scheduled meeting.
195 North 1950 West • Salt Lake City, UT
Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870
Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Tim Davis Interim Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
Utah Water Quality Board Meeting MASOB & Via Zoom 195 North 1950 West Salt Lake City, Ut 84116 March 26, 2025
Board Meeting Begins at 8:30 AM AGENDA Water Quality Board Meeting – Call to Order & Roll Call James Webb Minutes: Approval of Minutes for February 26, 2025 Water Quality Board Meeting James Webb Executive Secretary Report John Mackey Funding: 1. Financial Status Report Adriana Hernandez 2. Ash Creek SSD Virgin Design Advance Glen Lischeske Rule Making: 1. Request to initiate Rulemaking: R317-17. Great Salt Lake Salinity Discharge Limits James Harris Compliance & Enforcement: 1. Request Approval of Administrative Settlement Docket No. I23-14 for Claude H. Nix Construction Eric Castrejon Wastewater Certification Program: 1. Approval of Recommendation for Appointment to the Wastewater Operator Certification Council-Interim Position Tess Scheuer Other: Public Comment Period
Page 2 March 26, 2025
Water Quality Board Agenda Meeting Adjournment James Webb Next Meeting April 23, 2025 at 8:30 am MASOB & Via Zoom 195 North 1950 West Salt Lake City, Ut 84116
DWQ-2025-002678

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Tim Davis Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Tim Davis John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
MINUTES
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
UTAH WATER QUALITY BOARD
MASOB OR VIA Zoom
February 26, 2025
8:30 AM

UTAH WATER QUALITY BOARD MEMBERS PRESENT
James Webb Jill Jones Joe Havasi
Trevor Heaton
Michela Harris
DIVISION OF WATER QUALITY STAFF MEMBERS PRESENT
John Mackey James Harris Porter Henze
Clanci Hawks Ben Holcomb Lonnie Shull
Allie Rockhill Tessa Scheuer Austin Miller
Emily Canton Jodi Gardberg Danielle Lenz
Brendon Quirk Dan Griffin Eric Castrejon
Samantha Heusser Deidre Beck Alex Hepner
Judy Etherington Jeff Komel Alan Ochoa Rodriguez
Paul Burnett Jeff Studenka Benj Morris
Leanna Little-Wolf Toby Hooker Jen Robinson
Sam Taylor Linsey Shafer Sandy Wingert
Jake Vander Lan Skyler Davies Jen Berjikian
OTHERS PRESENT & ONLINE
Ty Howard Rob Dubuc Erka Naran
Haley Sousa Liz Harris Elliot (no last name)
Page 2 February 26, 2025
Water Quality Board Minutes
Mr. Webb, Chair, called the Meeting to order at 8:30 AM.

ROLL CALL
Mr. Webb took roll call for the members of the Board. APPROVAL OF MINUTES OF DECEMBER 11, 2024 MEETING
Motion: Jill Jones motioned to approve the meeting minutes. Michaela Harris seconded the motion. The motion passed unanimously.
EXECUTIVE SECRETARY REPORT
Mr. Mackey addressed the Board with the following updates:

• Mr. Mackey informed the Board that DEQ’s Executive Director, Kim Shelley resigned
her position and the Governor and the Senate have moved quickly to get the position
filled. Tim Davis has been approved through the first committee after accepting the
position. There is a 30-day waiting period before he can be approved by the full Senate
and then, assuming confirmation, Tim Davis will become DEQ’s new Executive
Director. Most recently Mr. Davis served as the Deputy Great Salt Lake Commissioner
and prior to that he was the Division Director of Drinking Water, so we know him well
and he brings broad experience that we like to see in Water Quality.

• Mr. Mackey noted that there has been a lot in the news regarding changes in priorities
with the federal government. We have spent a fair amount of time looking at funding
and grants, including the funding that comes to the Water Quality Board in the form of
SRF Grants. Mr. Mackey explained that there are different buckets of money that those
funds come from. We have the conventional Capitalization Grant, supplemental funds
awarded under Infrastructure Investment and Jobs Act (IIJA) or the Bipartisan
Infrastructure Law (BIL). In addition, an appropriation comes from the State for match.
For a while there were holds on our ability to draw on those funds, but we are happy
to report all the awards are open and we are able to draw funding which is really
important for our mission to meet our commitments for our funding projects.

• Mr. Mackey noted that on the state level, the Governor has issued Executive Order
2025-01. The purposes of this executive order are to: 1) identify ways to expand and
improve the use of permitting by rule and general permitting at DEQ and the Division
of Oil Gas and Mining (DOGM) at Utah Department of Natural Resources, and 2)
Improve permitting processes at DEQ. The full order may be viewed via this link-
Executive Order 2025-01
Page 3 February 26, 2025
Water Quality Board Minutes

• Mr. Mackey noted that the Great Salt Lake Mineral Extraction Operator Certification
rule (R317-16) within the Utah Administrative Code specifically addresses the
certification process of operators of mineral extraction facilities on the Great Salt Lake.
The rule may be viewed via this link-Water-quality-laws-and-rules-proposed-rule-
changes

• Mr. Mackey introduced two new Water Quality employees. Deidre Beck is the new
Groundwater Protection Section Manager and Austin Miller has also joined the GW
Protection Section.

• You may listen to Mr. Mackey’s full Executive Secretary Report via this Zoom
Meeting Recording Link-February 2025 WQ Board Meeting Recording

COMPLIACNE & ENFORCEMENT:
Request Approval of Administrative Settlement Docket Nos. I22-08, I22-06 & GW23-01 for
Kennecott Utah Copper LLC: Mr. Quirk requested approval of the administrative settlement dockets
as indicated in the packet. Trevor Heaton, a WQ Board Member, recused himself from this discussion
and from the approval process as he is an employee of Kennecott.

Motion: Mr. Havasi moved to approve the settlement as presented.
Ms. Jones seconded the motion.
The motion passed unanimously.

WATERSHED PROTECTION:
Presentation of Prioritization 2.0: Restoration & Protection Planning of Utah’s Waters:
Ms. Gardberg’s presented information regarding Prioritization 2.0. The full plan may be reviewed at
https://deq.utah.gov/water-quality/utahs-prioritization-2-0-approach-for-restoration-and-protection-
of-utahs-waters

WASTEWATER CERTIFICATION PROGRAM:
Recommendations for appointment to the Utah Wastewater Operator Certification Council for
February 1, 2025 through January 31, 2028: Ms. Scheuer requested approval from the Board to
appoint three (3) new members to the Wastewater Certification Council.

Motion: Ms. Jones motioned to approve the staff recommendation to approve Spencer
Parkinson, Jonathan Gubler & Matt Goodrich to serve on the Wastewater Certification
Council.
Ms. Harris seconded the motion.
The motion passed unanimously.
Page 4 February 26, 2025
Water Quality Board Minutes RULE MAKING:
Informational: Rulemaking to Address HB 453 GSL Revisions: Mr. Harris provided the Board
information on the scheduled rulemaking pursuant to House Bill 453, GSL Amendments. The deadline to have this rule completed and approved by the Board is June 1, 2025. To meet the deadline, the formal public comment period will need to begin on April 1, 2025. The Division will submit the draft rule and the economic impact form to the In order to accomplish this, we need to
give the Draft Rule and the Economic Impact to the Office of Administrative Rules (OAR) by
March 14, 2025, which is prior to the next Board Meeting on March 26, 2025. The Division will request for approval for the official rulemaking process to begin at that meeting. This schedule is different than standard procedure, which is why the Division wants to make the Board award of the schedule. Mr. Harris and the Board discussed upcoming deadlines and procedures.

No motion was required. Request to Initiate Rulemaking for Proposed Amendments to R317-2 Standards of Water Quality of the State & Invitation for a Board Member to Serve as a Hearing Officer for
Rulemaking: Mr. Vander Laan requested approval for the Division to proceed to rulemaking to
recommend three substantial changes to Utah’s Water Quality Standards as indicated in the packet. In addition, he requested a Board Member to serve as the Public Hearing Officer at the end of the Public Comment period.
Motion: Mr. Havasi motioned to initiate rulemaking and volunteered to be the Hearing
Office at the end of the Public Comment Period. Mr. Heaton seconded the motion. The motion passed unanimously.
OTHER:
PUBLIC COMMENTS
N/A
MEETING ADJOURNMENT

Motion: Ms. Jones motioned to adjourn the meeting.
Mr. Heaton seconded the motion.
The motion passed unanimously.
To view the full recording of the February 26, 2025 meeting please click this link- Zoom Meeting Recording

Page 5 February 26, 2025
Water Quality Board Minutes
Next Meeting
March 26, 2025
MASOB & Via Zoom
195 North 1950 West
Salt Lake City, UT 84116

Via Zoom
___________________________________ James Webb, Chair Utah Water Quality Board
DWQ- 2025-002664

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov
State of Utah

Department of
Environmental Quality

Tim Davis Interim Executive Director
DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Jill Jones Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Tim Davis John K. Mackey, P.E., Executive Secretary
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor

WATER QUALITY BOARD
FEASIBILITY REPORT FOR HARDSHIP GRANT
AUTHORIZATION

APPLICANT: Ash Creek Special Services District 1350 Sand Hollow Road Hurricane, UT 84737 Phone: [phone]

PRESIDING OFFICIAL: Mike Chandler, General Manager Email: [e-mail] Phone: [phone] Ext. 102
TREASURER/RECORDER: Greg Kleinman, Treasurer
Email: [e-mail] Phone: [phone] Ext. 100 CONSULTING ENGINEER: Steve Jackson, P.E.
Jackson Engineering BOND COUNSEL: Randall Larsen Gilmore & Bell PC
FINANCIAL ADVISOR: Mark Anderson, Vice President Zion’s Public Finance APPLICANT’S REQUEST
Ash Creek Special Services District (ACSSD) is requesting funding from the Water Quality Board (Board) in the amount $230,400 for the design of a regional sewer lift station and pressure sewer force main to connect the Town of Virgin to the ACSSD collection system in La Verkin, UT.
Ash Creek Special Service District March 26, 2025 Page 2 APPLICANT’S LOCATION
The project is primarily located between the Towns of Virgin and La Verkin, Northeast of St. George
in Washington County.

BACKGROUND
On April 23, 2024, the Board authorized a $6,876,00, 30-year 0% loan to ACSSD for the construction
of a regional sewer lift station and pressure sewer force main to connect the Town of Virgin to the ACSSD collection system in La Verkin, Utah. The Town of Virgin does not currently have a sanitary sewer collection system. Existing residential
dwellings rely on private septic systems for sewage disposal, including several Large Underground
Wastewater Disposal Systems (LUWDS).

La Verkin
Map data ©2025 Google
Virgin
Ash Creek Special Service District March 26, 2025 Page 3 Since the town is located close to the Virgin River, there is concern about potential for degradation of surface water quality in the area due to the increased number of onsite systems, including other
developments planned in the area.
In 2022, a study was completed by Sunrise Engineering, commissioned by the State of Utah (2022 Update Virgin Town Wastewater Study), which outlined several options for wastewater treatment in the region. These alternatives included a proposed sewer system connecting to the regional treatment
facility in La Verkin. In February 2024, Town of Virgin voted to annex into ACSSD.
The Town of Virgin is the 19th largest community in the State without a sanitary sewer system. The community is under significant growth and development pressures. The Division of Water Quality (Division) has encouraged construction of a sanitary sewer system trunk line to service the Town of
Virgin for several years. Most of the recent pursuits have required consideration of extensive grant
dollars and most recently the Division attempted to access American Rescue Plan Act (ARPA) funds to construct this trunk line. In late 2023, Division staff were approached about a commercial development proposing to construct
a trunk line to connect a commercial facility to ACSSD. Division staff determined it was a great
opportunity to construct a trunk line large enough to service both the commercial development and the Town of Virgin. Since the April 2024 Board meeting the project has continued to progress and ACSSD has taken the
lead on the project. Best efforts are being made however, challenging engineering efforts have arisen
specifically relating to getting Bureau of Land Management right of way approvals. In addition, while Virgin Town has been added to ACSSD service area at this time Town or Virgin has no rate payers so it is challenging for ACSSD to dedicate sewer user fees to be spent on Town of Virgin. For these reasons ACSSD is returning to the Board to request a design advance.
PROJECT NEED The design funding for a regional sewer lift station for the Town of Virgin will mitigate current and future wastewater flows by conveying the flows to the ACSSD lagoons and/or new confluence park
treatment plants. The following facilities are anticipated to be connected: White Bison Resort (168 RV
Pads, and 47 Glamping Sites); Zions Sunset Convenience Store and Restaurant; Kerlin Mobile Home Park; K&K Properties Residential project; and Smith Residential Project. Once the future gravity sewer line is constructed through the Town of Virgin to the proposed Regional
Sewer Lift Station, the majority of the towns Commercial Projects will be taken off the their LUWDS
and conventional septic systems. These include: Zion River RV Park; Furber Resort; Zion Wildflower Resort; Auto Camp Resort; and the Fairfield inn and Suites; eliminating an approximate 109,000 GPD of sewage treatment by LUWDS and septic systems overall.
Ash Creek Special Service District March 26, 2025 Page 4 ALTERNATIVES EVALUATED

An alternatives analysis was included in the 2022 Town of Virgin Wastewater Study. The analysis included alternative onsite treatment, construction of a new lagoon facility, and a sewer line connection to ACSSD. ACSSD concluded that a pressurized force main would be the best option for providing for current and future needs in the Town of Virgin
PROJECT DESCRIPTION The application will fund a design advance for the project, the project will be divided into two initial phases (Phase lA and lB). Phase IA will include the construction of a regional sewer lift station in the
Town of Virgin and an 8-inch pressurized force main providing a connection between the Lift Station
and the regional sewer treatment facility in La Verkin. This will also provide connections to a limited number of approved and existing projects, as outlined in the "Project Needs" section. Phase lB will include connections for several other existing communities, and provide the backbone for future connections in the Town of Virgin.
POPULATION GROWTH Based on 2020 and 2010 census data, the annual growth rate in the Town of Virgin is 1.18%, which is lower than the state average. However, looking at only data from the past 5 years, as was recommended
by the 2022 Wastewater Study, the annual population growth rate is much higher (3.32%). PUBLIC PARTICIPATION AND DEMONSTRATION OF PUBLIC SUPPORT In February 2024, the Town of Virgin approved annexation into ACSSD. One of the primary goals of
this project is to create a public/private partnership with the existing and anticipated communities that
are or would be connected to onsite systems without this project. ACSSD anticipates this project to include $767,000 in private contributions for the main project, but those funds are not anticipated to be available until after loan closing.
IMPLEMENTATION SCHEDULE
Construction is expected to begin this year as soon as funding is approved. Construction is expected to be completed by the end of 2025.
APPLICANTS CURRENT USER CHARGE
The current user charges for ACSSD is $36.75 per month per residential connection and $18.90 per month per RV pad connection.
Ash Creek Special Service District March 26, 2025 Page 5 COST ESTIMATE Project Costs
Pre-Construction Engineering $ 188,800 During Construction Services $ 41,600
Total Project Cost: $ 230,400 COST SHARING
Funding Source Total % of Project
Local Contribution $ 0 0% Board Request $ 230,400 100% Total Amount $ 230,400 100.0% ESTIMATED ANNUAL COST FOR SEWER SERVICE Staff developed static cost models (Attachment 1) to evaluate funding by the Board. The cost model analyzes several possible funding options. The resulting Total Annual Sewer Cost is shown for each funding option. The proposed project indicates debt service being paid by 297 Equivalent Residential
Connections (ERC). Based on the previously approved 0% interest loan with a 30-year term would be approximately $80/month for debt service and Reserve. Adding in operation and maintenance of the collection system and a treatment fee from ACSSD, the monthly rate per ERC would be approximately $150.53. FINANCIAL BURDEN EVALUATION In accordance with the Board’s Financial Burden Evaluation Policy for the Utah Wastewater Project Assistance Program, staff utilized data from the United State Census Bureau (census) website (https://data.census.gov/cedsci/) to calculate the City’s Financial Need Indicator (FNI). The calculated
FNI is 2.15. Staff compared this FNI to the percent modified MAGI in the Financial Burden Matrix and displayed the Financial Burden in Attachment 1. Based on the Financial Burden Evaluation Policy for the Utah Wastewater Project Assistance Program, the community has a Financial Burden of High. As can be seen in the attachment an interest rate of 0% would result in a rate over 3.0% of MAGI.
Therefore, the project may not be affordable as a loan. STAFF COMMENTS Division Staff is very supportive of this project. The Town of Virgin is one of the larger unsewered
areas in the State of Utah, and a public/ private partnership leading to the construction of a sewer collection system and connection to a nearby treatment facility would solve many environmental concerns about onsite systems in the area. The Town of Virgin, ACSSD, and private entities in the region have all shown support for the project. Staff feels it is very important to continue supporting this project. Currently, the loan portion of the project is funded from the CWSRF and paying for
engineering services may be challenging to meet federal procurement requirements. For this reason, staff is supportive of a grant authorization for the project.
Ash Creek Special Service District March 26, 2025 Page 6 STAFF RECOMMENDATIONS
Staff recommends the Board authorize funding in the amount of $230,400 as a hardship grant under
the following special conditions: ACSSD must agree comply with the provisions of Utah Admin. Code R317-101-3 including but not limited:

1. Participation annually in the Municipal Wastewater Planning Program (MWPP); 2. Develop, commit to adopt, and implement a capital assessment management plan; and 3. Submission of the sewer use ordinance or resolution and user charge system to the Division for review and approval to insure adequate provisions for debt retirement, operation and
maintenance, or both.

DWQ-2025-002105 File: Ash Creek Special Service District, Municipal File
Ash Creek Special Service District March 26, 2025 Attachment 1

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD 800 346-3128 www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Tim Davis Interim Executive Director
DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi Vice Chair Jill Jones Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Tim Davis John K. Mackey, P.E.
Executive Secretary
SPENCER J. COX Governor
DEIDRE HENDERSON Lieutenant Governor

M E M O R A N D U M TO: Utah Water Quality Board THROUGH: John Mackey, P.E., Division Director
FROM: James Harris, Great Salt Lake Coordinator DATE: March 14th, 2025
SUBJECT: Request to initiate rulemaking: R317-17. Great Salt Lake Mineral Extraction
Salinity Discharge Limits Background

During the 2024 Utah legislative session, the legislature passed HB 453 “Great Salt Lake Amendments”, which addresses several Great Salt Lake related activities and improvements. Pertinent to DEQ, the bill requires that “on or before June 1, 2025, the Division of Water Quality, in consultation with the Division of Forestry, Fire, and State Lands, and in cooperation with the
Great Salt Lake Commissioner… shall make a rule… setting a limit for the salinity of water or brine
that a person may discharge into the Great Salt Lake as part of the mineral or element extraction process.” DWQ staff worked with stakeholders on the development of the rule and associated implementation
guidance. The outreach has included multiple meetings with key stakeholders, such as operators
with a permitted discharge, the Division of Forestry, Fire, and State Lands, the Great Salt Lake Commissioner’s Office, and members and participants of the Salinity Advisory Committee. Last month, DWQ initiated informal public comments and integrated several changes since reporting to the Board in February. DWQ will continue to work with these stakeholders to finalize the
implementation guidance while the rule is out for public comment. As with all our associated rule
implementation guidance documents, it will be updated as necessary to incorporate the latest scientific knowledge.

Page 2

Staff are requesting approval from the Board to initiate the formal rulemaking process. As discussed
at the February 26, 2025 Board meeting, the deadline for rule development necessitated that the draft rule and associated information be filed on March 14 with the Office of Administrative Rules in order to be published on April 1. Subject to Board recommendations, the rule may still be amended or rescinded before that date. Upon Board approval, staff will notify the public and
government officials and hold a 30-day public comment period which will end on May 1, 2025.
Next, staff will review comments from the public and other interested parties, prepare responses, and finally, return to the Board with recommendations for adoption at the May Board meeting. Proposed Rulemaking Timeline

March 26, 2025: Request WQB to initiate formal rulemaking: April 1-May 1, 2025: 30-day public comment period May 28, 2025: Request WQB to formally adopt R317-17 into rule

Attachments: Administrative Rule Analysis: R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits (DWQ-2025-002396) Density SOP Reference (DWQ-2025-002545) R317-17 Implementation Guidance (DWQ-2025-002543)
DWQ-2025-002557
State of Utah Administrative Rule Analysis Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: New
Rule or Section Number: R317-17 Filing ID: Office Use Only
Date of Previous Publication (Only for CPRs): Click or tap to enter a date.
Agency Information
1. Title catchline: Environmental Quality, Water Quality
Building: Multi-Agency State Office Building
Street address: 195 N 1950 W, DEQ 3rd floor
City, state: Salt Lake City, UT
Mailing address: PO Box 144870
City, state and zip: Salt Lake City, UT, 84114-4870
Contact persons:
Name: Phone: Email:
Jim Harris 801-541-3069 [e-mail]
Jake Vander Laan 801-536-4350 [e-mail]

Please address questions regarding information on this notice to the persons listed above.
General Information
2. Rule or section catchline:
R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits
3. Purpose of the new rule or reason for the change:
Section 73-33-203 requires the Division of Water Quality (DWQ) to set a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake (GSL) as part of the mineral or element extraction process and establish procedures to modify, revoke and reissue, or terminate any permit if those limits are exceeded.
4. Summary of the new rule or change:
This new rule establishes limits for the salinity of water or brine that a person may discharge into GSL as part of the mineral or element extraction process that prevent potential negative effects of high salinity discharges on GSL chemistry or biota, and establishes procedures to modify, revoke and reissue, or terminate any permit if those limits are exceeded. DWQ will develop corresponding guidance to be updated regularly with the latest scientific information to guide implementation decisions or written determinations.
Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
No state agency is a constrained party under the new rule, so no direct or indirect costs or savings will be incurred to the state budget.
B) Local governments:
No local government is a constrained party under the new rule, so no direct or indirect costs or savings will be incurred to local governments.
C) Small businesses ("small business" means a business employing 1-49 persons):
No small business is a constrained party under the new rule, so no direct or indirect costs or savings will be incurred to small businesses.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
Two non-small businesses are constrained parties under this new rule. One constrained party represents a net decrease of salt load to Gilbert Bay, so there are no costs or savings for that party. DWQ requested a cost estimate from the other party but did not receive additional information.
The rule includes two requirements that could result in costs or savings for these parties, a salinity discharge limit and requirements for monitoring and reporting. The potential costs incurred under the discharge limits established by this rule are triggered by specific environmental conditions within GSL that may or may not occur within the next three fiscal years, so the costs or savings are inestimable. The discharge limits in this rule would not be triggered by current or three year anticipated conditions in GSL, so costs within the next three fiscal years are anticipated to be zero. Under this rule, both parties will be required to conduct and report monitoring data for discharge salinity and volume. Based on recent GSL sample analysis and labor costs, DWQ estimates that this monitoring and reporting will result in an increased annual cost of $7,500 per constrained party.
E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
No persons other than small businesses, non-small businesses, state, or local government entities are constrained parties under the new rule, so no direct or indirect costs or savings will be incurred to other persons.
F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
The potential costs incurred under the discharge limits established by this rule are triggered by specific environmental conditions within GSL that may or may not occur within the next three fiscal years, so the costs or savings are inestimable. The discharge limits in this rule would not be triggered by current or three year anticipated conditions in GSL, so costs within the next three fiscal years are anticipated to be zero. Based on recent GSL sample analysis and labor costs, DWQ estimates that compliance with monitoring and reporting requirements will result in an increased annual cost of $7,500 per constrained party, totaling $45,000 over three years. Compliance costs and the timing of those costs for affected persons are inestimable because they would be wholly dependent on environmental conditions which at this time cannot be predicted.
G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in narratives above.)
Regulatory Impact Table
Fiscal Cost FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $7500 $7500 $7500
Other Persons $0 $0 $0
Total Fiscal Cost $15,000 $15,000 $15,000
Fiscal Benefits FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Benefits $0 $0 $0
Net Fiscal Benefits $(15,000) $(15,000) $(15,000)
H) Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Environmental Quality, Tim Davis, has reviewed and approved this regulatory impact analysis.
Citation Information
6. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Section 73-33-203

Incorporations by Reference Information
7. Incorporations by Reference (if this rule incorporates more than two items by reference, please include additional tables):
A) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated
by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page) Standard operating procedure—Great Salt Lake water density measurement and salinity calculation
Publisher Great Salt Lake Salinity Advisory Committee
Issue Date June 2020
Issue or Version Utah Geological Survey Open-File Report 728

B) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version
Public Notice Information
8. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the agency. See Section 63G-3-302 and Rule R15-1 for more information.)
A) Comments will be accepted until: 05/01/2025
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL):

To the agency: If more than one hearing will take place, continue to add rows.

9. This rule change MAY become effective on: 05/28/2025
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
To the agency: Information requested on this form is required by Sections 63G-3-301, 63G-3-302, 63G-3-303, and 63G-3-402. Incomplete forms will be returned to the agency for completion, possibly delaying publication in the Utah State Bulletin and delaying the first possible effective date.
Agency head or designee and title: John K. Mackey, Director Division of Water Quality Date: Click or tap to enter a date.
R317. Environmental Quality, Water Quality. R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits R317-17-1. Purpose and Authority.
(1) Authority. This rule is promulgated pursuant to Section 73-33-203.
(2) Purpose. To set a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake as part of the mineral or element extraction process according to Section 73-33-203 and establish procedures to modify, revoke and reissue, or terminate any permit if those limits are exceeded. (3) Applicability. This rule applies to discharges derived from the extraction of minerals or elements
from the brines of Great Salt Lake. R317-17-2. Definitions. As used in this rule: (1) "Current salinity" means the maximum daily mean salinity level in Gilbert Bay observed within the
past 90 days, measured and calculated following the Great Salt Lake Salinity Advisory Committee, 2020,
Standard operating procedure—Great Salt Lake water density measurement and salinity calculation: Utah Geological Survey Open-File Report 728, incorporated by reference, collected from multiple United States Geological Survey monitoring locations representative of Gilbert Bay using standardized sampling methods, excluding deep brine layer and freshwater lenses.
(2) "De minimis discharge" means a discharge that results in a negligible increase in salinity
concentration or load, as determined by the director.
(3) "Director" means the director of the Utah Division of Water Quality. (4) "Discharge" means any water, substance, or pollution placed into a receiving water; which may
include any combination of treated, processed, or returned waters.
(5) "Division" means the Utah Division of Water Quality. (6) "FFSL" means the Utah Department of Natural Resources, Division of Forestry, Fire, and State Lands. (7) "GSL" means Great Salt Lake, and includes Gilbert Bay, Gunnison Bay, Bear River Bay,
Farmington Bay, and Transitional Waters, as defined in Subsection R317-2-6(6.5).
(8) "Salinity" means the amount of dissolved salts in water expressed as grams per liter (g/L). (9) "Salinity Advisory Committee" means an advisory committee formed and co-chaired by the division and FFSL that makes recommendations to the division and FFSL regarding the short-term and long-term management of the salinity of GSL.
(10) "UPDES" means Utah Pollutant Discharge Elimination System, as defined in Rule R317-8. R317-17-3. Permit Discharge Limits for Salinity into Great Salt Lake (1) If the current salinity of Gilbert Bay exceeds 150 g/L, no person, as part of the mineral or element extraction process, may discharge water or brine into Gilbert Bay, Bear River Bay, Farmington Bay, or the
Transitional Waters associated with those bays, except as provided in Subsection R317-17-3(5).
(2) If the current salinity of Gilbert Bay is below 150 g/L, a person, as part of the mineral or element extraction process, may discharge water or brine, including water or brine exceeding 150 g/L salinity into Gilbert Bay, Bear River Bay, Farmington Bay, or the Transitional Waters associated with those bays. (3) For discharges of water or brine into Gunnison Bay, as part of the mineral or element extraction
process, there is no limit for the maximum salinity.
(4) The director may disallow discharges of water or brine as part of the mineral or element extraction process, when, in consultation with the GSL Salinity Advisory Committee and the GSL Commissioner’s office, the director determines that discharges will cause the salinity of Gilbert Bay to exceed 150 g/L. (5) Upon request, the director shall allow a discharge into Gilbert Bay, Bear River Bay, Farmington Bay
or the Transitional Waters associated with those bays at any time if:
(a) the director determines, in writing, as part of an UPDES permit, that the discharge is a de minimis discharge; or (b) the director determines, in writing, as part of an UPDES permit, that the discharge represents a net decrease of salt load to Gilbert Bay as a result of the extraction process.
(6) The discharge limits for salinity specified in this section and monitoring requirements for salinity
and discharge volume will be incorporated into the discharger’s UPDES permit as effluent limits. R317-17-4. Compliance (1) If a person discharges water or brine that exceeds the limit imposed under Section R317-17-3, the
director may modify, revoke and reissue, or terminate any permit issued by the director related to the discharge,
consistent with the processes provided in Subsection 19-5-106(2)(g) and Subsection R317-8-6(6.2). (2) It is a violation of the discharger’s UPDES permit to discharge water or brine that exceeds the discharge limits for salinity identified in Section R317-17-3. Key: Great Salt Lake, Salinity, Extraction Date of Last Change: Authorizing, and Implemented or Interpreted Law: Section 73-33-203

Standard Operating Procedure—Great Salt Lake Water
Density Measurement and Salinity Calculation
OPEN-FILE REPORT 728
UTAH GEOLOGICAL SURVEY
a division of
UTAH DEPARTMENT OF NATURAL RESOURCES
2020
by
Great Salt Lake Salinity Advisory Committee
Suggested citation:
Great Salt Lake Salinity Advisory Committee, 2020, Standard operating procedure—Great Salt Lake water density measurement
and salinity calculation: Utah Geological Survey Open-File Report 728, 6 p., https://doi.org/10.34191/OFR-728.
Disclaimer
This open-file release makes information available to the public that may not conform to UGS technical, editorial, or policy standards; this should
be considered by an individual or group planning to take action based on the contents of this report. The Utah Department of Natural Resources,
Utah Geological Survey, makes no warranty, expressed or implied, regarding its suitability for a particular use. The Utah Department of Natural
Resources, Utah Geological Survey, shall not be liable under any circumstances for any direct, indirect, special, incidental, or consequential damages with respect to claims by users of this product.
BACKGROUND
The purpose of this open-file release is to make the attached document prepared by the Great Salt Lake Salinity Advisory
Committee available to the public, part of the permanent record, and citable for future reference. The Great Salt Lake Salinity
Advisory Committee is a group of scientists and stakeholders convened by the Utah Division of Forestry, Fire and State Lands
and the Utah Division of Water Quality. The committee was formed in early 2018. Their goal and purpose, as stated in their
charter (version 3), follows:
The goal of the Great Salt Lake (GSL) Salinity Advisory Committee (SAC) is to provide recommendations for long-term
management of the salinity of GSL to the Utah Division of Forestry, Fire and State Lands (FFSL) and the Utah Division
of Water Quality (UDWQ) that maximize the benefits of GSL in accordance with the public trust doctrine and protect the
designated uses of GSL in accordance with the Utah Water Quality Act.
The purpose of the SAC is to review and interpret results from GSL salinity research and monitoring activities and make
recommendations to FFSL and UDWQ regarding potential modifications to the UPRR causeway opening, berm or channel
and long-term management of the salinity of GSL.
The following document was prepared in large part by Jeff DenBleyker (Jacobs), the facilitator of the committee, with sig-
nificant input and review by the committee members. In particular, committee members Ryan Rowland, Andrew Rupke, Jake
VanderLaan, and Elliot Jagniecki provided substantial contributions to the effort and document. This standard operating proce-
dure (SOP) was largely built upon the U.S. Geological Survey’s methods for measuring Great Salt Lake density and, to a lesser
extent, the Utah Geological Survey’s methods.
The 2020 members of the Great Salt Lake Salinity Advisory Committee are:
Cory Angeroth, U.S. Geological Survey
Jamie Barnes, Utah Division of Forestry, Fire and State Lands
Bonnie Baxter, Westminster College
Thomas Bosteels, Great Salt Lake Brine Shrimp Cooperative
Jaimi Butler, Westminster College (alternate)
Jim Harris, Utah Division of Water Quality
Joe Havasi, Compass Minerals
Tim Hawkes, Great Salt Lake Brine Shrimp Cooperative (alternate)
Ben Holcomb, Utah Division of Water Quality (alternate)
Elliot Jagniecki, Utah Geological Survey (alternate)
Paul Jewell, University of Utah (alternate)
Bill Johnson, University of Utah
Bill Kerner, Compass Minerals (alternate)
Krishna Khatri, Utah Division of Water Resources (alternate)
John Luft, Utah Division of Wildlife Resources
Craig Miller, Utah Division of Water Resources
Ryan Rowland, U.S. Geological Survey (alternate)
Andrew Rupke, Utah Geological Survey
Kyle Stone, Utah Division of Wildlife Resources (alternate)
Tom Tripp, US Magnesium
Jake VanderLaan, Utah Division of Water Quality*
Laura Vernon, Utah Division of Forestry, Fire and State Lands (alternate)
*No longer a member, but was a member at the time of document preparation.
1 | Page
Standard Operating Procedure
Great Salt Lake Salinity Advisory Committee, June 2020
Great Salt Lake
Water Density Measurement
and Salinity Calculation
Introduction
Characterization of the salinity of Great Salt Lake
(GSL) water is essential to understanding the
complex dynamics of GSL and has been a common
measurement made by lake users, managers and
researchers alike. Although there has been
coordination of data, different organizations have
used different field and laboratory analytical
methods to develop and report the salinity of GSL.
The Great Salt Lake Salinity Advisory Committee
(SAC) completed a round robin in early 2020 to
examine the different methods and develop a
standard protocol for measuring and reporting the
density and salinity of GSL waters (Jacobs 2020).
This Standard Operating Procedure (SOP) is an
adaptation of the US Geological Survey (USGS) SOP
(2019) and the Utah Geological Survey (UGS) SOP
(2019) for GSL water density measurement and
salinity calculations and has been recommended for use with GSL waters by the SAC.
Purpose
This SOP establishes a standardized method for measuring and reporting GSL water
density and calculating and reporting its salinity in weight per volume units. It sets a
consistent protocol to ensure the quality of data collected and reported for GSL —
resulting in improved uniformity, reproducibility, verifiability, and defensibility of the data.
Applicability
This SOP is available for use by all organizations measuring and reporting GSL water
density and salinity data. Individual organizations may measure GSL density and salinity
using an alternative method; however, data intended for use in comparison with long term
Water Density
A measure of the mass (grams) per
unit volume of water (cubic
centimeter) including all solutes
(g/cm3). Water density varies with
temperature and total dissolved
solids (TDS).
Salinity
A measure of the concentration of
all solutes dissolved in
water. Solutes in GSL water are
unique and difficult to accurately
measure; GSL salinity is typically
defined as the mass of dissolved
solids (or TDS) in grams per liter of
water (g/L).
Standard Operating Procedure, June 2020 Great Salt Lake Water Density Measurement and Salinity Calculation
2 | Page

datasets should include a description of the method used to enable interpretation and
comparison of results.
Note: Density measurements are not necessarily a reliable proxy for salinity at or near
saturation.
Parameters
1. Water density, in grams per cubic centimeter (g/cm3). Density shall be rounded to
the nearest thousandth; e.g. 1.018 g/cm3.
2. Water temperature at time and location of density measurement (i.e., not the
temperature in field), in degrees Celsius (°C)
3. Salinity, in grams per liter (g/L)
Personnel Qualifications
Personnel should be familiar with laboratory safety practices and steps necessary to avoid
contaminating samples. Personnel preparing samples for the first time should be
supervised by someone familiar with these procedures.
Density Instrument
Instrument- The density of water samples shall be determined with a density meter that uses the
oscillating U tube method (e.g., Anton Paar DMA 35 or equivalent).
Calibration method used- Density: factory calibration using pure water and dodecane;
calibration checks using ultra-pure deionized water. Temperature: factory calibration.
Density Acceptance criteria and response if not acceptable- The maximum permissible
error is ±0.001 g/cm3. If a calibration check reading is outside the maximum permissible
error, the density meter should be returned to the manufacturer for maintenance/repair.
Calibration frequency and location- Calibration checks should be completed per the
manufacturer’s recommendations. Laboratory calibration checks are performed prior to each
use.
Density Measurement Procedure
Important: Measurements shall be done near room temperature (preferably at 20°C).
1. Attach the filling tube to the bottom of the density meter (see instruction manual).
2. Turn on the density meter.
3. Rinse the density meter three times with ultra-pure deionized water. Fill the density meter
by pushing down on the pump lever, submerging the filling tube in ultra-pure deionized
water, and slowly releasing the pump lever. Pump out the deionized water by pushing down
on the pump lever.
Standard Operating Procedure, June 2020 Great Salt Lake Water Density Measurement and Salinity Calculation
3 | Page
4. After rinsing, check the calibration of the density meter by filling it with ultra-pure deionized
water that is near room temperature. The measured density should be within ±0.001 g/cm3
of the density of pure water at the temperature of the sample (the density meter reports
water temperature in addition to density). Table 1, below, shows the density of pure water at
temperatures ranging from 18-25 °C. The density of pure water is based on Spieweck and
Bettin (1992).
Table 1. Density of pure water at 18-25 degrees Celsius.

Temperature, in degrees Celsius Density, in grams per cubic centimeter
18.0 0.9986 18.5 0.9985 19.0 0.9984 19.5 0.9983 20.0 0.9982 20.5 0.9981 21.0 0.9980 21.5 0.9979 22.0 0.9978 22.5 0.9977 23.0 0.9975 23.5 0.9974 24.0 0.9973 24.5 0.9972 25.0 0.9970

5. If the density of ultra-pure deionized water is not within ± 0.001 g/cm3 of the actual value
shown in table 1, repeat the measurement. Ensure there are no water bubbles in the
measuring cell. If it still fails the calibration check, suspend the density measurements.
There is a problem with the deionized water or the density meter needs to be repaired and
calibrated by the manufacturer.
6. If the density meter passes the calibration check, proceed to measuring the sample (bring
the sample to 20 ± 0.5 °C). Rinse the density meter three times with the sample water. Fill
the meter a fourth time for the actual measurement. Record the temperature and density
value.
7. Pump out the sample and repeat the measurement to verify the initial measurement.
Record the check measurement temperature and density value. If the density
measurements do not agree, repeat the measurement again. Ensure there are no air
bubbles in the measuring cell. Continue density measurements until two consecutive
density values are equal, or within ±0.0001 g/cm3. It should only take two or three
Standard Operating Procedure, June 2020 Great Salt Lake Water Density Measurement and Salinity Calculation
4 | Page
measurements to verify agreement. There is something wrong with the sensor if it takes
more than three measurements to verify the density value.
8.Rinse the meter three times with ultra-pure deionized water before proceeding to the next
sample.
Important: Depress pump slowly several times on last rinse to get water out before taking
the next measurement.
9.When finished with sample measurements recheck the calibration of the unit with ultra-
pure deionized water (rinse the meter three times with ultra-pure deionized water before
checking the calibration). Pump out the deionized water after the calibration check.
10.To begin cleaning the instrument, flush with several mL (50 or more) of water (deionized
or tap) using the pump.
11.After flushing instrument with water, flush the instrument with ethanol/ethyl alcohol* 2 to
3 times using the pump. Remove the ethyl alcohol using the pump. Again, depress pump
slowly to remove as much of the ethanol as possible.
12.Power down the unit, remove the filling tube, and store the meter in its designated area.
Note: * Grain alcohol that is at least 95 percent alcohol (e.g., Everclear™) may be used as a
substitute cleaning and drying agent. Alconox may also be used to flush through the
instrument as recommended by the manufacturer. Applying the Alconox step would come
before flushing water through the instrument after measurements have been taken.
Salinity Calculation
Measured densities of water samples collected from GSL are used to compute the salinity of
each sample (in grams per liter (g/L)).
Salinity is calculated with an equation of state specific to GSL waters with salinities ranging from
23 to 182 g/L (Equation 1; Naftz et al., 2011). The GSL SAC is working with its partners to
develop a new equation of state for GSL waters with salinities ranging from 10 to about 360 g/L.
Until the new equation is developed, results for GSL waters outside of the range of 23 to 182 g/L
shall be noted as “outside the salinity range used to develop the GSL equation of state”. The
equation of state can be solved for salinity as a function of water temperature, density of the
sample, and the density of pure water at the same temperature as the water sample (Equation
2). Note that water temperature refers to the temperature of the water when the density
measurement is made (should be 20 ± 0.5 °C), not the temperature measured in the field, when
the sample was collected.
Equation 1 (Naftz et al, 2011). 𝝆𝝆𝝆𝝆–𝝆𝝆𝝆𝝆𝟎𝟎𝟎𝟎=�𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏.𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎∗(𝟏𝟏𝟏𝟏.𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏∗𝑺𝑺𝑺𝑺)–(𝟏𝟏𝟏𝟏.𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏∗𝑻𝑻𝑻𝑻)+�𝟑𝟑𝟑𝟑.𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏−𝟏𝟏𝟏𝟏∗𝑺𝑺𝑺𝑺𝟎𝟎𝟎𝟎�+�𝟎𝟎𝟎𝟎.𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎∗𝑻𝑻𝑻𝑻𝟎𝟎𝟎𝟎�–(𝟎𝟎𝟎𝟎.𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎∗𝑺𝑺𝑺𝑺∗ 𝑻𝑻𝑻𝑻)�∗𝟏𝟏𝟏𝟏𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎
Standard Operating Procedure, June 2020 Great Salt Lake Water Density Measurement and Salinity Calculation
5 | Page
Equation 2 (transposed from Equation 1).
S=�-�1.104708-(0.00112*T)� + �����1.04708-(0.00112* T)� 2�-�4 * 0.000314721 * (-(ρ * 1000)+(ρ0 * 1000)+(0.00199 * T2)-(1.21061 * T)+184.01602)����(2 * 0.000314721)
ρ = density of GSL water (g/cm3) ρ0 = density of pure water (g/cm3)
S = salinity (g/L) T = water temperature (°K)
Reporting
Water density (in g/cm3) and the temperature of the water when the density was measured (in
°C) shall be reported for each water sample. Additional sampling metadata that should be
reported are the date, location, and the depth below the water surface at which the sample was
collected, and the water temperature of the sample when collected from Great Salt Lake.
Important: The density and temperature of a water sample shall always be measured and
reported together; the density of a water sample will vary with temperature.
Note: The GSL SAC recognizes that the density of GSL water has been historically
measured and reported at different temperatures. Users of density data must be aware of
the corresponding temperature at which the water density was measured as the density
of a water sample will be different at different temperatures. A means to facilitate
accurate comparison and evaluation of these GSL water density data that is independent
of water temperature would be useful. The SAC is evaluating the feasibility of developing
an equation to normalize water densities measured at various water temperatures to a
water density at 20°C.
References
Anton Paar DMA 35N Portable Density Meter Instruction Manual

Jacobs Engineering Group Inc (Jacobs). 2020. Round Robin of Methods to Estimate the
Salinity of Great Salt Lake Waters. Technical memorandum prepared with the Great Salt
Lake Salinity Advisory Council.
Naftz, D.L., Millero, F.J., Jones, B.F., and Green, W.R., 2011, An equation of state for
hypersaline water in Great Salt Lake, Utah, USA. Aquatic Geochemistry (2011) 17:809-
820.
Spieweck F, Bettin H (1992) Review: solid and liquid density determination. Technisches
Messen 59:285–292
US Geological Survey (USGS). 2019. Great Salt Lake Water Density Measurement and
Salinity Calculation. 4pp.
Utah Geological Survey (UGS). 2019. Density Meter Procedures. 1p.
DRAFT
R31717 Implementation Guidance
Great Salt Lake Mineral or Element
Extraction Salinity Discharge Limits

DRAFT
Introduction
In 2024 House Bill 453, the Utah State Legislature tasked the Utah Division of Water Quality DWQ
with developing rules that establish a salinity limit for discharges to Great Salt Lake GSL that occur
as part of the mineral or element extraction process. The relevant bill text was codified to Utah Code
Section 7333203.
Section 7333203 Relevant Text
(a) On or before June 1, 2025, the Division of Water Quality, in consultation with the Division of
Forestry, Fire, and State Lands, and in cooperation with the Great Salt Lake commissioner pursuant
to Section 7332203, shall make a rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, seing a limit for the salinity of water or brine that a person may
discharge into the Great Salt Lake as part of the mineral or element extraction process.
(b) If a person discharges water or brine that exceeds the limit imposed under Subsection 3(a),
the Division of Water Quality may modify, revoke and reissue, or terminate any permit issued by the
Division of Water Quality related to the discharge.
DWQ’s goal for this rule is to establish limits for the salinity of water or brine that a person may
discharge into GSL as part of the mineral or element extraction process that prevent potential
negative eects of high salinity discharges on GSL chemistry or biota, particularly when the salinity
in GIlbert Bay of GSL is at or approaching a critical level.
Scope
The limits defined in this rule apply to all Utah Pollutant Discharge Elimination System UPDES
permied discharges that discharge to GSL and GSL transitional waters as defined at R31726, use
classes 5A-5E, and that are derived from the extraction of minerals or elements from the brines of
GSL. Section 7333 applies to discharges of water or brine, “as part of the mineral or element
extraction process.” The phrase, “mineral or element extraction process,” is not defined in section
7333101. However, based on the scope of the law, which is specific to GSL distribution
management and GSL water rights, DWQ has applied the rule only to discharges derived from the
extraction of minerals or elements from GSL brines.
R31717 Implementation Guidance • GSL Mineral or Element Extraction Salinity Discharge Limits 2 of 6
DRAFT
Salinity benchmarks
DWQ defines beneficial uses for GSL to include both recreational and aquatic life uses. Recreational
uses include frequent and infrequent primary and secondary contact recreation. Aquatic life uses
include waterfowl, shore birds and other water-oriented wildlife including their necessary food
chain. In addition, GSL waters are used for mineral extraction processes, managed by the Utah
Division of Forestry Fire and State Lands. Of these uses, aquatic life uses are the most likely to be
negatively impacted by increased salinity in GSL. High salinity levels in GSL do not pose a human
health risk or limit recreational access, and mineral extraction processes are feasible at salinities up
to the saturation point. However, salinity levels exceeding biological thresholds could threaten
populations of key GSL biota such as benthic photosynthetic communities, brine shrimp, brine flies,
and the birds and other organisms that depend on them. Therefore, a salinity benchmark for aquatic
life uses is the appropriate basis for determining salinity discharge limits.
The GSL Salinity Advisory Commiee GSLSAC aggregated the best available science
documenting ideal ranges and critical stressor levels of salinity for mineral extraction and aquatic life
uses in GSL, referred to as the GSL Salinity Matrix (GSLSAC 2021). Using the GSL Salinity Matrix,
DWQ identified salinity ranges between 80 and 150 g/L as supporting Gilbert Bay’s aquatic life use,
and selected the upper limit of 150 g/L as the rule’s action level for limiting salinity in discharges to
Gilbert Bay.
Historical 19662020 salinity in Gunnison Bay exceeds 150 g/L, and recent 2011-present) salinities
routinely exceed 270 g/L (GSLSAC 2021), severely limiting aquatic life uses. Under these salinity
conditions, the aquatic life of Gunnison Bay is unlikely to be negatively impacted by high salinity
discharges, and a salinity limit for discharges to Gunnison Bay is unnecessary. Given the presence of
a causeway between Gunnison and Gilbert Bays and current management strategies for flows
through the causeway opening, which prioritize the maintenance of appropriate salinity conditions
in Gilbert Bay, very high salinities in Gunnison Bay are expected to persist for the foreseeable future.
Measuring salinity
Implementation of this rule depends on an accurate and repeatable characterization of salinity in
GSL and euent. The rule defines “current salinity” as, “the maximum salinity level in Gilbert Bay
observed within the past 90 days, as measured and calculated in accordance with best practices
developed in consultation with the GSL Salinity Advisory Commiee.”
R31717 Implementation Guidance • GSL Mineral or Element Extraction Salinity Discharge Limits 3 of 6
DRAFT
Salinity measures used to determine in-lake and euent salinity should follow salinity measurement
standard operating procedures SOP for GSL as defined by the GSLSAC (GSLSAC 2020). The
GSLSAC salinity SOP establishes a standardized method for measuring and reporting GSL water
density and calculating and reporting its salinity in weight per volume units. DWQ should consider
and incorporate recommended salinity measurement method changes from the GSLSAC as
needed in the future.
The calculation of current salinity in Gilbert Bay must be based on data collected from a
standardized set of four site locations representative of the open waters of Gilbert Bay, and samples
collected in deep brine layers or freshwater lenses must be excluded. These requirements ensure
consistency and representativeness of salinity measurements used in implementing this rule. The
current recommended approach to calculate current salinity is to calculate daily mean salinities
from near surface samples (~0.1 - 1 m depth) collected from the open waters of Gilbert Bay at four
monitoring locations USGS-405356112205601, USGS-410422112200001, USGS-410644112382601,
and USGS-411116112244401. The maximum daily mean observed within the 90 days prior to
discharge should be used to determine if GIlbert Bay is exceeding the 150 mg/L salinity benchmark
used in this rule.
De minimis discharges
The rule defines a de minimis discharge as, “a discharge that results in a negligible increase in
salinity concentration, as determined by the DWQ Director.” Discharges determined to be de
minimis are allowed regardless of Gilbert Bay’s current salinity. A de minimis determination would
only be made by DWQ on the request of the permiee. A request for a de minimis determination shall
be identified in the UPDES permit application by the permiee. DWQ may request cost-recovery to
evaluate a de minimis request. The request should include appropriate data and information for
DWQ to determine whether the discharge should be considered de minimis including a
characterization of the location, salinity, and volume of the discharge. A de minimis determination
should characterize the potential increase in salinity in GIlbert Bay resulting from the discharge by
comparing the discharge salinity and salt load to that of the receiving water to determine whether
the impact should be considered negligible. As part of a de minimis determination, DWQ may also
request a review of less degrading feasible alternatives to the discharge.
Permiing considerations
The rule requires that discharge limits for salinity and monitoring requirements for salinity and
discharge volume be incorporated into a discharger's UPDES permits. To ensure compliance with this
R31717 Implementation Guidance • GSL Mineral or Element Extraction Salinity Discharge Limits 4 of 6
DRAFT rule and a discharger’s permit, DWQ and the permiee will need to coordinate to characterize
current salinity in Gilbert Bay prior to any non-de minimis discharges. UPDES permits are typically
evaluated and renewed on a 5-year cycle. Determinations of de minimis discharges and discharges
resulting in a net decreased salt load to Gilbert Bay should be documented in the permit and
reevaluated at each 5-year renewal. The permit writer should consider including a salt load cap for a
de minimis discharge to ensure the eect of the discharge remains negligible during the duration of
the permit. The rule requires monitoring of both salinity and discharge volume for all applicable
discharges. Appropriate monitoring should be determined based on the duration of the discharge.
For continuous discharges, monthly monitoring could be suicient, but for a short duration
discharge (e.g. 13 months), weekly monitoring may be necessary.
Consultation with GSLSAC
The goal of the GSLSAC is to provide recommendations for longterm management of the salinity of
GSL to the Utah Division of Forestry, Fire and State Lands FFSL and DWQ that maximize the
benefits of GSL in accordance with the public trust doctrine and protect the designated uses of GSL
in accordance with the Utah Water Quality Act. This includes guiding the process of evaluating the
science and making recommendations to FFSL and DWQ on the benefits and impacts of dierent
salinities and potential uncertainties in data and appropriate salinity ranges for various conditions in
GSL.
Therefore, DWQ proposes to consult with the SAC during the development of this guidance
document and the future implementation of R31717 in UPDES permits on a number of relevant
topics including:
1. Current and forecasted GSL salinity and estimates of GSL salt mass.
2. Interpretation of GSL salinity data
3. Methods for salinity and salt mass estimation
4. Evaluation of de minimis impacts
5. Recommendations of compliance monitoring and methods

R31717 Implementation Guidance • GSL Mineral or Element Extraction Salinity Discharge Limits 5 of 6
DRAFT
Citations
Great Salt Lake Salinity Advisory Council. Influence of Salinity on the Resources and Uses of Great
Salt Lake. 2021,
hps://sl.utah.gov/wp-content/uploads/GSLSAC_SalinityInfluencesRangesTM_Final_July2
021.pdf.
Great Salt Lake Salinity Advisory Council. Standard Operating Procedure—Great Salt Lake Water
Density Measurement and Salinity Calculation. 2020,
hps://sl.utah.gov/wp-content/uploads/SOPGSLDensity-Measurement-Salinity-Calc.pdf.
R31717 Implementation Guidance • GSL Mineral or Element Extraction Salinity Discharge Limits 6 of 6

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Tim Davis Interim Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi Vice Chair Jill Jones Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Tim Davis John K. Mackey, P.E. Executive Secretary
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M TO: Water Quality Board THROUGH: John K. Mackey, P.E., Director
THROUGH: Samantha Heusser, Compliance and Enforcement Manager FROM: Eric Castrejon, Environmental Scientist III
DATE: March 26, 2025
SUBJECT: Request for Approval of Settlement Docket No. I23-14 for Claude H. Nix Construction Co.
The Utah Water Quality Act, Utah Code Section 19-5-104(3)(g) requires any settlement negotiated
by the Director with a civil penalty of $25,000 or more must be reviewed and approved or disapproved by the Utah Water Quality Board (“Board”). The Division is requesting Board approval of a settlement with Claude H. Nix Construction Co. (“Nix Construction”).
Nix Construction is a domestic corporation doing business in South Ogden, Utah and is legally
responsible for the operation of the construction project ‘1800 North’ located at 924 W. 1500 N. Salt Lake City, UT (“Project Site”). Nix Construction held a Utah Pollutant Discharge Elimination System General Permit for Construction Dewatering and Hydrostatic Testing Permit (Permit No. UTG790096) issued by the Director on November 14, 2022.

The settlement agreement resolves violations of Permit No. UTG790096, including effluent limit exceedances, failure to monitor discharges, and reporting requirements. In response to the violations, the Director issued Notice of Violation and Compliance Order
(“NOV/CO”), Docket No. I23-14, to Nix Construction on May 28, 2024 (enclosed). Nix
Construction has timely complied with the requirements in the issued NOV/CO, including correction of certified discharge monitoring reports.
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The total negotiated civil penalty is $31,906.25. The proposed and partially signed stipulated compliance order (“SCO’) can be accessed here.

The public comment period for the proposed SCO ran from January 31, 2025, to March 03, 2025 and no comments were received. The proposed SCO represents what the Division believes to be a fair and reasonable settlement. It
is the Division’s recommendation that this settlement be granted Board approval for execution by
the Director. Attachments: I23-14 Notice of Violation and Compliance Order (DWQ-2024-003734)

DWQ-2025-002098

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY

This Notice of Violation and Compliance Order (“NOV/CO”) is issued to Claude H. Nix Construction Co. (“Nix Construction”) in its capacity as operator of the 1800 North project located at 924 W. 1500 N. Salt Lake City, UT 84116 (“Project Site”), based upon the Facts and Determinations asserted herein. This NOV/CO is issued by the Director of
the Utah Division of Water Quality (“Director”) pursuant to the Director’s authority
under the Utah Water Quality Act, Utah Code §§ 19-5-101 et seq. (the “Act”) and the Utah Admin. Code R317-1 et seq. (“Water Quality Rules”). This NOV/CO is also issued in accordance with the administrative procedures of the Utah Department of Environmental Quality, Utah Admin. Code R305-7 et seq.
A. STATUTORY AUTHORITY
1. The State of Utah’s surface water quality programs as adopted in the Act by the Utah Legislature operate with federal oversight and under delegation from the
Environmental Protection Agency (“EPA”) under the Clean Water Act, 33 U.S.C. §
1342. 2. The Director is authorized to issue, continue in effect, renew, revoke, modify, or deny discharge permits and to issue orders under the Act, and in accordance with Utah
Code § 19-5-106(2)(d), may enforce rules made by the Water Quality Board
(“Board”) through the issuance of orders. 3. The Utah Division of Water Quality (“Division”) was created to administer the Act under the immediate direction and control of the Director pursuant to Utah Code §
19-1-105.
4. EPA delegated authority to the State of Utah to administer the National Pollutant Discharge Elimination System permit program under the Clean Water Act, known in Utah as the Utah Pollutant Discharge Elimination System (“UPDES”).

5. Pursuant to Utah Code § 19-5-111, whenever the Director determines there are reasonable grounds to believe that there has been a violation of the Act, the Water Quality Rules, or any order of the Director or the Board, the Director may issue a notice of violation. In that event, the notice of violation shall require that the matters
complained of be corrected.
In the Matter of: Claude H. Nix Construction Co. Permit No. UTG790096
NOTICE OF VIOLATION AND COMPLIANCE ORDER DOCKET NO. I23-14

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6. Pursuant to Utah Code § 19-5-115, violation of the Act, or any permit, rule, or order
adopted under the Act, may be subject to a civil penalty of up to $10,000 per day of
violation. Higher penalties and other sanctions may arise in situations amounting to knowing violations. 7. Under Utah Admin. Code R317-8-5.2, the Director is authorized to specify a schedule
of compliance leading to compliance with the Act, as amended, and the Water
Quality Rules.
B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS 1. Utah Code § 19-5-107(1)(a) states: “Except as provided in [the Act] or [Water
Quality Rules], it is unlawful for any person to discharge a pollutant into waters of the
state or to cause pollution which constitutes a menace to public health and welfare, or is harmful to wildlife, fish, or aquatic life, or impairs domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or cause to be placed any waste in a location where there is probable cause to believe it will cause
pollution.”
2. Utah Code § 19-5-102(22) defines “Waste” or “pollutant” as “dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.” 3. Utah Code § 19-5-102(23)(a) defines “Waters of the state” as “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, that are contained within, flow through, or border upon this state or any portion of the state.” 4. Utah Admin. Code R317-8-4.1(1)(a) requires that the permittee must comply with all
conditions of the UPDES permit. “Any permit noncompliance is a violation of the
[Act] . . . and is grounds for enforcement action; permit termination, revocation and reissuance or modification; or denial of a permit renewal application.” 5. Utah Admin. Code R317-8-2.5 gives the Director authority to issue general permits to
cover discharges of treated groundwater and surface water that have been
contaminated by operations located in the State of Utah. Under this authority, the Director issued the General Permit for Treated Groundwater and Surface Water UTG790000 (“TGSW General Permit”).
6. TGSW General Permit Section IV.A. Duty to Comply states, “The permittee must
comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal
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application. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity, which may result in noncompliance with
permit requirements.”
C. FACTS & DETERMINATIONS 1. Nix Construction is a domestic corporation registered and doing business in the State
of Utah. Its headquarters are located at 1893 East Skyline Drive, Suite No. 203, South
Ogden, Utah 84403. 2. Nix Construction is a “person” as defined by Utah Code § 19-1-103(4) and is subject to all applicable provisions of the Act and the Water Quality Rules.

3. Nix Construction submitted a Notice of Intent (“NOI”) for coverage under the TGSW General Permit for the Project Site on or about October 06, 2022, and was assigned UPDES Permit ID No. UTG790096 (“Nix Construction TGSW Permit”). Nix Construction listed itself as the Operator of the Project Site in its NOI. Nix
Construction TGSW General Permit became effective November 14, 2022, and
expired on November 14, 2023. 4. TGSW General Permit authorizes Nix Construction to discharge from the Project Site to the Salt Lake City Municipal Separate Storm Water Sewer System (“SLC MS4”)
via Outfall 001, Outfall 002, and Outfall 003 (“Outfalls”), which are point sources
identified in the NOI. 5. TGSW General Permit part I.D.4. requires Nix Construction to self-monitor for the following, but not limited to, pollutants: Total Suspended Solids, Total Dissolved
Solids, pH, Total Recoverable Copper, Total Recoverable Lead, and Total Petroleum
Hydrocarbons. a. Nix Construction failed to self-monitor for all parameters on seventeen (17) occasions during the monitoring periods of March, 2023, through August,
2023, for all Outfalls.
6. TGSW General Permit part I.G. requires that Nix Construction enter certified Discharge Monitoring Reports (“DMRs”) into NetDMR or a submit a DMR Form via mail for all Outfalls at the Project Site no later than the twenty-eighth (28th) day of the
month following the completed reporting period.
a. Nix Construction failed to report monitoring results by the twenty-eighth (28th) day of the following month for all Outfalls on fifteen (15) occasions during the monitoring periods of March, 2023, through July, 2023.

7. The certified DMRs submitted by Nix Construction to the Division indicate that discharges from the Project Site exceeded the effluent concentration limitations for the parameters identified in paragraph 5, during the following monitoring periods:
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Table 1: Nix Construction Effluent Limit Exceedances April 2023 - November 2023.
Report Certification Date
Monitoring Period (Month Ending) Outfall: Pollutant Parameter Permit Limit Result % Exceedance
8/03/2023 4/30/2023 Outfall 002: pH 9 11.9 2.9*
8/03/2023 4/30/2023 Outfall 002: pH 9 11.4 2.4*
8/03/2023 4/30/2023 Outfall 003: pH 9 12.1 3.1*
8/31/2023 07/31/2023 Outfall 001: Total Dissolved Solids Daily Max 1200 3110 159%
8/31/2023 07/31/2023 Outfall 002: Total Dissolved Solids Daily Max 1200 2920 143%
8/31/2023 07/31/2023 Outfall 003: Total Dissolved Solids Daily Max 1200 2920 143%
8/31/2023 08/31/2023 Outfall 001: Total Dissolved Solids Daily Max 1200 4420 268%
8/31/2023 08/31/2023 Outfall 002: Total Suspended Solids Daily Max 70 84 20%
8/31/2023 08/31/2023 Outfall 002: Total Suspended Solids Average Weekly 35 84 140%
8/31/2023 08/31/2023 Outfall 002: Total Suspended Solids Average Monthly 25 84 236%
8/31/2023 08/31/2023 Outfall 002: Total Dissolved Solids Daily Max 1200 3860 222%
8/31/2023 08/31/2023 Outfall 003: Total Dissolved Solids Daily Max 1200 3860 222%
8/31/2023 08/31/2023 Outfall 003: Total Suspended Solids Daily Max 70 84 20%
8/31/2023 08/31/2023 Outfall 003: Total Suspended Solids Average Weekly 35 84 140%
8/31/2023 08/31/2023 Outfall 003: Total Suspended Solids Average Monthly 25 84 236%
09/29/2023 09/30/2023 Outfall 001: Total Dissolved Solids Daily Max 1200 5460 355%
09/29/2023 09/30/2023 Outfall 002: Total Dissolved Solids Daily Max 1200 4630 286%
10/28/2023 10/31/2023 Outfall 001: Total Dissolved Solids Daily Max 1200 5800 383%
10/28/2023 10/31/2023 Outfall 001: Total Recoverable Lead Daily Max 0.005 0.0075 50%
10/28/2023 10/31/2023 Outfall 001: Total Recoverable Copper Daily Max 0.003 0.0057 90%
10/28/2023 10/31/2023 Outfall 001: Total Suspended Solids Daily Max 70 159 127%
10/28/2023 10/31/2023 Outfall 001: Total Suspended Solids Average Weekly 35 159 354%
10/28/2023 10/31/2023 Outfall 001: Total Suspended Solids Average Monthly 25 159 536%
10/28/2023 10/31/2023 Outfall 001: Total Petroleum Hydrocarbon DRO Daily Max 1.0 1.9 90%
10/28/2023 10/31/2023 Outfall 002: Total Dissolved Solids Daily Max 1200 3320 177%
10/28/2023 10/31/2023 Outfall 002: Total Suspended Solids Average Weekly 35 38 8.57%
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Report Certification Date
Monitoring Period (Month Ending) Outfall: Pollutant Parameter Permit Limit Result % Exceedance
10/28/2023 10/31/2023 Outfall 002: Total Suspended Solids Average Monthly 25 38 52%
11/27/2023 11/30/2023 Outfall 001: Total Suspended
Solids Daily Max 70 148 111%
11/27/2023 11/30/2023 Outfall 001: Total Suspended Solids Average Weekly 35 148 323%
11/27/2023 11/30/2023 Outfall 001: Total Suspended
Solids Average Monthly 25 148 492%
11/27/2023 11/30/2023 Outfall 001: Total Dissolved Solids Daily Max 1200 5460 355%
11/27/2023 11/30/2023 Outfall 001: Total Recoverable
Copper Daily Max 0.003 0.0057 90%
11/27/2023 11/30/2023 Outfall 002: Total Dissolved Solids Daily Max 1200 2530 111%
Note. Values in bold and italics indicates a violation of Permit condition I.E. effluent limitations.
*Exceedance expressed in pH units.
8. TGSW General Permit part I.D.4. limits Nix Construction from discharging pollutant concentrations of pH to a Daily Maximum of 9. On August 22, 2023, Nix Construction provided the Division with analytical results for effluent samples collected in April of 2023 from Outfall 002. The results indicated a pH measurement
of 12.5 on April 21, 2023, and 12.4 on April 26, 2023. The effluent with a pH level of 12.5 observed on April 21, 2023 from Outfall 002 is considered hazardous for corrosivity. 9. Utah Admin. Code R317-1-9 states that any person who submits a DMR or related
information under the NetDMR program, and who signs the report makes a certification that the information submitted is, to the best of that person’s knowledge and belief, true, accurate, and complete, acknowledging an awareness that there are significant penalties for submitting false information. The Nix Construction Permit part V.G.4 and V.H incorporates the same requirements.
a. Certified DMR values submitted by Nix Construction were compared to analytical results, also provided by Nix Construction and documented in lab reports created by Chemtech-Ford Laboratories. The comparison shows that Nix Construction submitted incorrect monitoring data on certified DMRs by
reporting inaccurate values on seven (7) occasions during the June, 2023, through November, 2023, monitoring periods for all Outfalls. b. Nix Construction falsely represented monitoring data on certified DMRs by reporting Non-Detect for parameters that were not analyzed by Chemtech-
Ford Laboratories or any certified laboratory. Nix Construction submitted false monitoring data on sixteen (16) occasions during the monitoring periods of March, 2023, through June, 2023, for all Outfalls.
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10. The TGSW General Permit part III.J.2. requires Nix Construction to report occurrences of noncompliance to the Division no later than twenty-four (24) hours
from the time Nix Construction becomes aware of the occurrence. Noncompliance
includes any violation of a maximum daily discharge limitation for any of the pollutants listed in the TGSW General Permit. a. Nix Construction reported the effluent exceedances of pH daily maximum
limitations, identified in Table 1 and paragraph 8 above, to the Division
approximately four (4) months after Nix Construction discovered the exceedance. 11. TGSW General Permit part III.J.3. also requires Nix Construction to provide the
Division with a written submission of the occurrence within five (5) days of the time
that Nix Construction becomes aware of the noncompliance. a. Nix Construction failed to submit a written report regarding exceedance of daily maximum limitations violations identified in Table 1 and paragraph 8 to
the Division within five (5) days. As of the date of this NOV/CO, the Division
has not received a written report from Nix Construction.
D. VIOLATIONS Based on the foregoing, the Director determines that Nix Construction has violated the
Act, the Water Quality Rules, or an order of the Director or the Board. Specifically, Nix
Construction has violated the following: 1. UPDES Permit No. UTG790096 condition I.D.4. for failure to monitor for pollutants discharged from all Outfalls.

2. UPDES Permit No. UTG790096 part I.G. for failure to submit certified DMRs no later than the 28th day of the month following the completed reporting period, for all Outfalls.
3. UPDES Permit No. UTG790096 condition I.D.4. for exceeding daily maximum
effluent limitations for Total Recoverable Copper. 4. UPDES Permit No. UTG790096 condition I.D.4. for exceeding daily maximum effluent limitations for Total Recoverable Lead.

5. UPDES Permit No. UTG790096 condition I.D.4. for exceeding daily maximum effluent limitations for pH. 6. UPDES Permit No. UTG790096 condition I.D.4. for exceeding effluent limitations
for Total Dissolved Solids.
7. UPDES Permit No. UTG790096 condition I.D.4. for exceeding daily maximum effluent limitations for Total Suspended Solids.
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8.UPDES Permit No. UTG790096 condition I.D.4. for exceeding average weekly
effluent limitations for Total Suspended Solids.
9.UPDES Permit No. UTG790096 condition I.D.4. for exceeding average monthlyeffluent limitations for Total Suspended Solids.
10.UPDES Permit No. UTG790096 condition I.D.4. for exceeding daily maximum
effluent limitations for Total Petroleum Hydrocarbons.
11.UPDES Permit No. UTG790096 condition III.J.2.d for failure to report, by telephone,the exceedance (violation) of a daily discharge limitation within 24 hours of its
occurrence.
12.UPDES Permit No. UTG790096 condition III.J.3 for failure to provide writtensubmission, within five days of discovery, for the exceedance of daily dischargelimitations.
E.ORDER
Based on the foregoing Facts, Determinations, and Violations, and pursuant to Utah Code §§ 19-5-107 and 19-5-111, Claude H. Nix Construction Co. is hereby ORDERED to:
1.As of the date of issuance of this NOV/CO, if not already initiated, initiate all actionrequired to come into compliance with all applicable provisions of the Act and theWater Quality Rules.
2. Within thirty (30) calendar days of the date of issuance of this NOV/CO, if not
already completed, submit corrected certified DMRs to the Division. The correctionsshould reflect lab sample results for Total Dissolved Solids for the monitoring periodof June, 2023, through November, 2023, for all Outfalls.
3. Within thirty (30) calendar days of the date of issuance of this NOV/CO, if not
already completed, submit corrected certified DMRs to the Division. The correctionsshould reflect Not Sampled for all parameters falsely reported as Non-Detect for themonitoring period of March 2023 through June 2023 for all Outfalls.
4. Cease and desist all unpermitted actions that violate Utah water quality standards.
5. Submit a report to the Director within thirty (30) calendar days of the date ofissuance of this NOV/CO that includes the following information in detail:
a.The cause of each violation;
b.The specific corrective actions taken and/or planned to be taken to attain andcontinue to be in full compliance with this NOV/CO, including resultsachieved, and applicable dates;
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c.How the corrective actions will prevent similar violations from recurring; andd.The specific environmental mitigation and restoration plans for the area
affected by the discharge, and the applicable dates related to these plans.
F.NOTICE
This NOV/CO is effective upon issuance (date signed) and shall become final unless it is
administratively contested. This NOV/CO may be contested by filing and serving a
written Request for Agency Action as provided by Utah Admin. Code R305-7-303 and R305-7-104(5). Even if this NOV/CO is contested, it remains effective unless a stay is issued or this NOV/CO is rescinded, vacated, or otherwise terminated.
Failure to contest this NOV/CO within the time period and manner prescribed by Utah
Admin. Code R305-7-303 constitutes a waiver of any right of administrative contest, reconsideration, review, or judicial appeal.
All reports required under this NOV/CO must be accompanied by the following
certification, which is to be signed in accordance with Utah Admin. Code R317-8-3.4(4):
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment for
knowing violations.”
Utah Code § 19-5-115 provides that violation of the Act, or any permit, rule, or order adopted under the Act, may be subject to a civil penalty not to exceed $10,000 per day of violation. Failure to comply with this NOV/CO may result in additional civil penalties or
criminal sanctions under Utah Code § 19-5-115.
Issued this Twenty-eighth day of May, 2024.
___________________________ John K. Mackey, P.E. Director, Division of Water Quality

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD 800 346-3128 www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Tim Davis Interim Executive Director
DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi Vice Chair Jill Jones Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Tim Davis John K. Mackey, P.E.
Executive Secretary
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M TO: Utah Water Quality Board THROUGH: John K. Mackey, P.E., Director
THROUGH: Emily Canton, Assistant Director and Alexander Heppner, Data and Information Services Section Manager FROM: Tessa Scheuer, Wastewater Certification Program Coordinator
DATE: March 26, 2025 SUBJECT: Recommendation for Interim Appointment to the Utah Wastewater Operator Certification Council for April 1, 2025 through January 31, 2027

As of February 20, 2025, council member Rob Jaterka stepped away from his position as certified wastewater collection operator representative on the wastewater operator certification council. Mr. Jaterka accepted a new position in the private sector and is no longer able to fulfill his duties on the council. His term was set to end on January 31, 2027.

Recommendations for a representative for certified collection operators in Utah were solicited from individuals and organizations in the wastewater sector in winter 2024 to fill the second certified collection operator seat on the council. The name recommended to the Board to fill the interim position was selected from these written recommendations received by the Division of Water Quality prior to January 6, 2025.
At this time, it is recommended that Kyle Dean, manager for the wastewater collection division at Granger-Hunter Improvement District, be appointed to serve the interim term representing certified wastewater collection operators.
This is a request for Board approval of this individual for the interim term April 1, 2025 through January 31, 2027.