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HomeMy WebLinkAboutDWQ-2025-004439 195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone (801) 536-4300 • Fax (801) 536-4301 • TDD 800 346-3128 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 Jeannie Simmonds Robert Fehr Michela Harris Joseph Havasi Trevor Heaton Jill Jones 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 From: Tess Scheuer, Wastewater Certification Program Coordinator DATE: May 28, 2025 SUBJECT: Presentation of the Utah Wastewater Operator Certification Program 2024 Annual Report to the Water Quality Board The Utah Water Quality Board has requested a yearly report of the wastewater operator certification program activities. The Utah Wastewater Operator Certification Program 2024 Annual Report is being presented by Mr. Jonathan Gubler, who currently serves as Chair of the Wastewater Operator Certification Council. The information contained within the attached report is for the 2024 calendar year. Enclosure: Utah Wastewater Operator Certification Council 2024 Annual Report DWQ-2025-003856 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY Utah Wastewater Operator Certification Program 2024 Annual Report Sunrise from North Davis Sewer District Photo courtesy of Brian Lamar Prepared by The Division of Water Quality May 2025 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY UTAH WASTEWATER OPERATOR CERTIFICATION PROGRAM 2024 ANNUAL REPORT Prepared by Tessa Scheuer Wastewater Operator Certification Program Coordinators Utah Department of Environmental Quality Division of Water Quality 195 North 1950 West Salt Lake City, UT 84116 Presented to the Water Quality Board on May 28, 2025 by the Utah Wastewater Operator Certification Council UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY i CONTENTS Introduction ....................................................................................................................................................................... 1 THE UTAH WASTEWATER OPERATOR CERTIFICATION COUNCIL ................................................................... 1 Examinations ..................................................................................................................................................................... 2 EXAMINATION PROCEDURES .................................................................................................................................. 2 EXAM CONTENT .......................................................................................................................................................... 3 EXAMINATION REVIEW ............................................................................................................................................ 4 Training .............................................................................................................................................................................. 5 COOPERATION WITH TRAINING PROVIDERS ...................................................................................................... 5 Renewal and Compliance .................................................................................................................................................. 6 Certification Council Meetings ........................................................................................................................................ 8 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 1 Introduction In March of 1991, following over 20 years of voluntary certification, wastewater works operator certification became mandatory. Wastewater operator certification is administered by the Division of Water Quality under rules adopted by the Utah Water Quality Board. The Board established the Utah Wastewater Operator Certification Council to provide guidance and stakeholder involvement in the program. During 2014, the Board adopted major revisions to Rule R317-10 that incorporated changes required by Senate Bill 21 (2012 General Session) which changed the duties and responsibilities of the environmental boards, their executive secretaries, and division directors. In response to those changes, the Board approved a revision of the rule that organizes the Utah Wastewater Operator Certification Council with members appointed by the Board to work in an advisory capacity to the director of the Division of Water Quality for the certification program. THE UTAH WASTEWATER OPERATOR CERTIFICATION COUNCIL On January 31, 2024, the terms of two council members expired. During the January 2024 Utah Water Quality Board meeting, the Board approved reappointment of Rob Jaterka and Chad Burrell to fill the vacancies for the next 3-year term. The Council members serving during 2024 were: Chad Burrell, Chair, represented certified wastewater treatment operators. He is the Operations and Safety Manager for Snyderville Basin Water Reclamation District and is certified as both a Grade IV Wastewater Treatment Operator and Grade IV Collection Operator. His term expires January 31, 2027. Brian Lamar, Vice-chair, represented certified wastewater treatment operators. He currently works at North Davis Sewer District and is certified as a Grade IV Wastewater Treatment Operator, Grade IV Collections Operator, and Grade II Biosolids Land Application Operator. His term expires January 31, 2025. Giles Demke, represented the management of municipal wastewater systems. He is the General Manager of the Mt. Olympus Improvement District and is certified as a Grade IV Wastewater Treatment Operator. His term expires January 31, 2025. Phil Harold represented vocational training. He is the wastewater circuit rider for the Rural Water Association of Utah and is certified as both restricted Grade II Collection Operator and restricted Small Lagoon System Operator. His term expires January 31, 2026. Rob Jaterka represented certified wastewater collection operators. He is the District Inspector for Magna Water District and is certified as both a Grade IV Collection Operator and Grade I Wastewater Treatment Operator. His term expires January 31, 2027. Blaine Shipley, represented certified wastewater collection operators. He is employed as Plant Superintendent for Price River Water Improvement District and is certified as both a Grade IV Collection Operator and Grade IV Wastewater Treatment Operator. His term expires January 31, 2025. Dr. Ben Willardson represented Utah universities. He teaches the water-related courses at Utah Valley University. His term expires January 31, 2026. The council held three meetings during the year to evaluate requests for continuing education courses, consider reciprocity requests, plan for administering exams, review exam scores and comment forms, and discuss ways to improve the certification program. All meetings continued to include participants using teleconferencing platforms, and most communications with the program coordinator were done virtually, striving for majority consensus before any actions were taken. UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 2 Examinations The Division of Water Quality continued to maintain membership as a certifying authority with Water Professionals International (WPI), formerly the Association of Boards of Certification (ABC). Since 1972, Water Professionals International has been the central water industry authority that ensures that women and men in the industry are prepared to meet the standards that their communities can trust in through testing and certification services headquartered in Urbandale, Iowa. The role of WPI is to provide examination services to the Utah Wastewater Operator Certification program, which includes exam development, scoring, and compilation of exam results. A contract for exam services between WPI (ABC) and the Division of Water Quality is in effect for state fiscal years 2024-28. This contract includes computer-based exams as well as paper-based exams Paper-based exams were offered in conjunction with the Rural Water Association of Utah's Annual and Fall Conferences in St. George and Layton, respectively. On April 1st, 2024, the Division of Water Quality also began offering computer-based exams administered through PSI. In November 2024, computer-based exams were expanded to include Live Remote Proctoring exams. Onsite computer-based exams were administered at 4 different testing locations in Utah—Orem, Salt Lake City, Cedar City, and St. George—as well as various testing centers in the United States. The registration and attendance of the 2024 paper-based and computer-based exam sessions are shown in Table 1. These totals include the traditional mandatory exams, as well as the voluntary ones that are available and provided by WPI but are not required by Utah’s wastewater operator certification program. Table 1 - 2024 Exam Registration and Attendance (Voluntary and Mandatory) Locations Paper-Based Exam Sessions Computer-Based Exam Sessions March August April-December St. George (in conjunction with RWAU Annual Conference Layton (in conjunction with RWAU Fall Conference) Various Applications Received 101 72 248 Total Scored* 99 68 243 * Some individuals did not show up to take the exams at that time but may have rescheduled for a future session. EXAMINATION PROCEDURES Exam sessions were proctored by members of DWQ staff, DEQ District Engineers, Local Health Department staff, current Council members, or other individuals delegated by Council members. All examinations, regardless of grade, consist of 100 scored questions using a multiple-choice format. Answer sheets for PBT format are shipped to WPI for scoring. WPI compiles the results for each session and returns them to DWQ by electronic format for recording in the database and dissemination to the examinees. Each examinee is provided an individual statistical report, and variations of summary reports showing the cumulative results of the general areas detailed in the need-to-know criteria for all Utah examinees taking the same test during that session. Current WPI exams use a cut score of 70 for passing an exam. UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 3 EXAM CONTENT The exams administered in 2024 were compiled from WPI's data bank, including the Small Lagoon System exam, which is a customized exam using questions from the same data bank, but developed with 50 Wastewater Treatment I and 50 Collection I items to meet the need of smaller wastewater systems in Utah. The wastewater treatment and collection exams are "WPI 2019 standardized" exams which meet ISO 17024 standard to ensure the validity, reliability, and legal defensibility of the certification exams. Exam questions are reviewed by WPI's technical committees on a regular basis to ensure applicability to current wastewater technologies and processes. The Collection and Wastewater Treatment exams also have ten unscored, unidentified questions that are being pre-tested to see whether they would be good questions to use in future exams. Utah’s participation in the pre- testing of potential questions allows our operators’ knowledge, skills, and abilities to be included in the evaluation of applicability for future exams. Cumulative Totals for the 2024 mandatory wastewater exam classifications are shown in Table 2. Table 2 - Cumulative 2024 Exam Scores (Mandatory) Exam-Grade Total Examinees High Score Low Score #Pass (≥70%) Pass % C-I 33 93 57 19 58% C-II 60 84 47 28 47% C-III 14 88 53 4 29% C-IV 106 89 37 36 34% SLS-I 24 84 53 12 50% T-I 33 80 33 10 30% T-II 51 88 48 18 35% T-III 21 81 31 5 24% T-IV 54 78 38 15 28% Totals 396 147 37% Three voluntary classifications of wastewater-related certifications were again offered in 2024. They include Biosolids Land Applier Grades I - II, Wastewater Laboratory Analyst Grades I - IV, and Plant Maintenance Technologist Grades I - III. Mandatory exams include Collections Grades I - IV, Wastewater Treatment Grade I - IV, and Small Lagoons System Grade I. This is the sixth year using the 2019 version standardized exams that are based on the same need-to-know criteria as the previous 2017 version. As predicted by WPI, the overall passing rates may dip when the new forms are introduced, but without any prerequisites for testing, there is really no basis for comparison. Table 3 shows overall passing rates for mandatory exams for the past six years. Table 3 - Passing Rate Comparison for Mandatory Exams for 2019 through 2024 Exam-Grade 2019 Pass % 2020 Pass % 2021 Pass % 2022 Pass % 2023 Pass % 2024 Pass % C-I 62 59 48 66 57 58 C-II 46 35 43 36 46 47 C-III 24 21 5 30 26 29 C-IV 20 26 30 30 29 34 SLS-I 71 52 71 68 67 50 T-I 23 30 29 29 29 30 T-II 26 25 25 32 24 35 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 4 Exam-Grade 2019 Pass % 2020 Pass % 2021 Pass % 2022 Pass % 2023 Pass % 2024 Pass % T-III 13 6 18 13 17 24 T-IV 19 13 12 12 21 28 Overall 29 27 27 30 31 37 EXAMINATION REVIEW No further changes have been made to the certification rule since it was amended January 24, 2018, removing the option of a post-exam review of actual questions and answers by the examinees. The rule still provides the opportunity for the Council to review the questions, along with the WPI accepted answers, for any questions for which a comment form was submitted during the testing sessions. This provides an opportunity for the Council to respond directly to the examinee's comment and also evaluate whether a recommendation should be made to WPI regarding the validity of the question in future exams. Responses from the Council to the comments received are sent to the individuals following the review. In a few instances, the Council requested clarification or further review of the question item by WPI. Each individual was previously provided a statistical breakdown of their proficiency in the areas of testing as described in the published need-to-know criteria. The examinee, as well as those assisting them in their exam preparations, are able to use those results to focus study efforts for future testing opportunities. UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 5 Training COOPERATION WITH TRAINING PROVIDERS During 2024, certification-related training classes offered through cooperative efforts with the Water Environment Association of Utah or the Rural Water Association of Utah increased in force. Division of Water Quality staff and Certification Council members participated as instructors and presenters at conferences, seminars, and training sessions which provided training to wastewater personnel. The objective of these training opportunities was to facilitate compliance with UPDES permits, review subject matter in preparation for operator examinations, and earn required continuing education credits for renewals. Rural Water Association of Utah offered monthly in-depth wastewater training courses that were presented online at no cost to the trainee as well as many other online and in-person training opportunities. Water Environment Association of Utah continued to provide training through their Collections College classes as well as other training opportunities both in-person and virtually. Some council members and staff also continued supporting the Utah Water and Wastewater Training Coalition providing a centralized calendar of seminars and training to make it easier for water and wastewater professionals to find local training and continuing education for their respective fields. The council continues to support participation in an “on-line” calendar format. This calendar has facilitated the communication and coordination between the members of the Coalition as well as the operators. Division of Water Quality staff and representatives of the member organizations maintain their respective calendar information. Members of the Coalition are: Division of Drinking Water, Division of Water Quality, American Water Works Association, Water Environment Association of Utah, Rural Water Association of Utah, American Backflow Prevention Association, WaterOperator.org, Bridgerland Technical College, Environmental Finance Center Network, and Rural Community Assistance Corporation. Individual wastewater facility owners and managers continued to provide updated training for their personnel either “in house” or using professional training and assistance providers, including U. S. Environmental Protection Agency resources. Training was often conducted through virtual meeting platforms, as well as in person, allowing interactive participation by all. Dedication and ingenuity were definitely observed while meeting compliance, certification, and safety requirements. The majority of those not renewing particular certifications were no longer in the industry due to retirement or change of employment, or had advanced to a higher certification and no longer needed to maintain the lower certifications. UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 6 Renewal and Compliance Wastewater Operator Certifications may be valid for up to three years. Certifications will expire on December 31st of the expiration year unless they have been renewed. Continuing education during the three-year period prior to the expiration date, in wastewater-related subject matter, is a prerequisite for renewal. The number of credits required is dependent upon the grade of certification being renewed. Reinstatement of the certificate is also allowed within the year following expiration, provided that the operator has earned the required training credits prior to the certificate's expiration. All publicly-owned wastewater works are required to have adequately certified individuals "in charge" of both the wastewater treatment and collection systems as specified in Rule R317-10 Certification of Wastewater Works Operators. The statistics in Table 4 represent the certification actions taken during 2024 to comply with various aspects of the certification rule. Table 4 - Certification Actions for 2024 Action Number Number of “new operators” added to wastewater certification database during 2024 145 Certificates expired 2023, reinstated prior to December 31, 2024 deadline 24 Certificates issued by “reciprocity” (equivalent certification from another state) 6 Issued Letter-of-Intent to issue certificate by “reciprocity” 2 Number of “reciprocity” requests denied in 2024 1 Number of "active" individuals in database (participated in certification within last 3 years) 1,883 Number of certified wastewater operators as of January 1, 2025 (all categories) 1,808 Number of certified “treatment” operators 581 WW Treatment Grade I 123 WW Treatment Grade II 155 WW Treatment Grade III 47 WW Treatment Grade IV 256 Number of certified “collection” operators 1,007 Collection Grade I 111 Collection Grade II 316 Collection Grade III 78 Collection Grade IV 502 Number of certified “small lagoon system” operators 125 Total number of current voluntary certifications (Biosolids Land Applier, WW Laboratory, Plant Maintenance) 95 Total number of publicly owned wastewater collection systems 197 Municipal Collection Class I systems 93 Municipal Collection Class II systems 51 Municipal Collection Class III systems 29 Municipal Collection Class IV systems 24 Total number of publicly owned wastewater treatment facilities 125 Municipal Treatment Class I facilities 72 Municipal Treatment Class II facilities 10 Municipal Treatment Class III facilities 21 Municipal Treatment Class IV facilities 22 Municipal Small Lagoon System I facilities (combination Treatment I & Collection I included in the above numbers) 60 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 7 As an alternative to employing a certified operator as Direct Responsible Charge (DRC), the owner of a municipal wastewater system may choose to contract with an individual or another entity with an appropriately certified operator to meet the certification requirement. Arches Special Service District, Mexican Hat Special Service District, North Village Special Service District, Powder Mountain Water and Sewer Improvement District, Strawberry Lakeview Special Service District, and Twin Creeks Special Service District renewed their contracts to remain in compliance. Other contracts in place for 2024 were Canyonland Improvement District, Emigration Improvement District, Henefer Town, and Mountain Green Special Service District. The Division of Water Quality also began the process of purchasing a new operator certification database in collaboration with the Division of Drinking Water. The purpose for the new database is to help streamline the process of entering operator information, approving and accrediting wastewater CEUs to the correct operators, and upgrading operator certification reporting. As of December 2024, a request for proposals was sent out, and evaluations were scheduled for January 2025. UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 8 Certification Council Meetings There were three Council meetings held during 2024. The following items may be of special note: • The Council members discussed the new computer-based exams that were implemented in April 2024. Computer-based exams were received well from operators who reported that they enjoyed the flexibility and access to exams. Operators were particularly pleased with the availability of Live Remote Proctored exams that were implemented in November 2024, particularly from rural or non-central Utah operators who were not near the four Utah testing locations. Computer-based testing scores averaged a 4% higher passing rate above paper-based exams in 2024, and both paper-based and computer-based exams showed a 2%-9% increase in passing rates from 2023, and the council was excited about the progress. • The Council continued to have ongoing discussions regarding computer-based testing centers not allowing approved calculators to be used during exam sessions. Multiple operators using a scientific non- programable calculator, T-30X, were not allowed to bring this calculator into their exam session. Action was requested from PSI Exams to better train test proctors on the allowed calculator models to reduce issues with this policy. • There were 410 voluntary and mandatory exams administered during the year. • Applications were received from operators requesting reciprocal certificates. Their previous certificates were issued from Colorado, Ohio, Idaho, and New Jersey. All requests were approved with certificates issued except for one certificate request. The denied operator received one of two certificates requested, and it was determined by the wastewater operator certification council that his other requested certificate would need to be obtained via exam. • Accommodation was made by council members and staff to administer one exam orally in conjunction with regular testing dates. All orally administered exams required at least one council member to participate, along with one other member or staff to verify accuracy in reading exam items. • The Council reviewed comments from examinees regarding specific test questions. One exam question was sent to WPI for review, and they submitted additional information to the council including the formula used and the math breakdown. The council ultimately approved the question as fair. • The Council meetings were conducted both in person and virtually to accommodate council members’ schedules. It allowed for discussion of the necessary agenda items, but also reduced travel for the participants. There was a quorum present at each meeting. • There was discussion about whether public works classes count for wastewater CEU credit, particularly relating to the American Public Works Association annual conference that many wastewater operators attend yearly. The council determined that training related to Wastewater Utility, Operations and Maintenance, and Safety training courses were eligible to receive full credit, stormwater trainings were eligible to receive half credit, and other trainings were allowed no credit. 195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone (801) 536-4300 • Fax (801) 536-4301 • TDD (801) 536-4284 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 Jeannie Simmonds 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 Section Manager FROM: Brendon Quirk, PhD DATE: May 28, 2025 SUBJECT: Request for Approval of Settlement Docket No. I21-16 for Citation Oil & Gas Corp. The Utah Water Quality Act, Utah Code § 19-5-104(3)(g) requires that any settlement negotiated by the Director of the Division of Water Quality (“Division”) 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 proposed settlement, the Stipulated Compliance Order (“SCO”) with Citation Oil & Gas Corp. (“Citation”). Citation agreed to the proposed SCO on February 26, 2025. Citation is a foreign corporation doing business near Escalante, UT and is responsible for the operation of the Upper Valley Sales Oil Pipeline located to the west of Escalante, UT in and around the Escalante Mountains. The proposed SCO resolves violations associated with the November 1, 2021, release of approximately 400 barrels (16,800 gallons) of crude oil that discharged to an unnamed, steep, rugged drainage (“the gulch”) as well as into the ephemeral Pet Hollow drainage, a tributary to Lake Powell. In response to the violations, the Director issued Notice of Violation and Compliance Order (“NOV/CO”), Docket No. I21-16, to Citation on November 18, 2021 (enclosed). The proposed SCO outlines both an Inspection Plan as well as a Sampling & Monitoring Plan that Citation has agreed to adhere to. The Inspection Plan requires Citation to regularly inspect the impacted spill path area semi-annually as well as the location of a constructed berm where polluted runoff may gather following any non-frozen precipitation events exceeding one-quarter inch. The Page 2 Sampling & Monitoring Plan requires Citation to monitor and sample the soils within the spill path annually, surface water within the impacted drainage following precipitation events, and shallow groundwater downstream of the constructed berm quarterly until certain conditions or corrective action concentration limits have been met. The Director proposes to hold $200,000.00 in abeyance to encourage compliance with terms in both the Inspection and Sampling & Monitoring plans. If Citation does not comply with the terms of the Inspection and Sampling & Monitoring plans, the $200,000.00 will no longer be held in abeyance and will become due and owing. The proposed SCO also requires Citation to propose a Mitigation Project as defined in Utah Admin. Code R317-1-8(8.4) and obtain approval by the Director within six months of the effective date of the proposed SCO. The Director has proposed to hold $87,500.00 in abeyance for compliance with the terms outlined in the Mitigation Project section of the Order (paragraph 3.b) of the proposed SCO. The total negotiated civil penalty is $575,000.00. The partially signed, proposed SCO can be accessed here. The terms of the settlement are as follows: Total Civil Penalty $575,000.00 ___________________________________________________________________________ Abeyance Terms Mitigation Project $87,500.00 Inspection, Sampling & Monitoring $200,000.00 Total Held in Abeyance $287,500.00 ____________________________________________________________________________ Total Settlement less Abeyance $287,500.00 The public comment period for the proposed SCO ran from February 27, 2025, to March 31, 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: I21-16 Notice of Violation and Compliance Order (DWQ-2021-029782) 195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone (801) 536-4300 • Fax (801) 536-4301 • TDD 800 346-3128 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 Jeannie Simmonds Kimberly D. Shelley John K. Mackey 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: May 28, 2025 SUBJECT: Rulemaking Action: Request to Adopt R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits Board Action: Staff recommends that the Water Quality Board adopt R317-17 as proposed in the April 1, 2025 Bulletin as a Board Order effective immediately. Background During the 2024 Utah legislative session, the legislature passed HB 453 “Great Salt Lake Amendments”, which addresses a variety of Great Salt Lake related activities and improvements. Pertinent to water quality, 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, held an informal public comment period and integrated a number of recommended changes. Since coming to the Board in March 2025 for approval to initiate formal rulemaking, DWQ held a formal public comment period from April 1-May 1 (https://rules.utah.gov/wp-content/uploads/b20250401.pdf), and no comments were received. At this time, staff recommends that the Water Quality Board adopt R317-17 as proposed in the April 1, 2025 Bulletin as a Board Order effective immediately. Page 2 Attachments: Administrative Rules Analysis: R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits (DWQ-2025-002396) Density SOP Reference (DWQ-2025-002545) DWQ-2025-004293 195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone (801) 536-4300 • Fax (801) 536-4301 • TDD 800 346-3128 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 Jeannie Simmonds Robert Fehr Michela Harris Joseph Havasi Trevor Heaton Jill Jones 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 FROM: Samuel Taylor and Sandy Wingert, Watershed Protection Section DATE: May 28, 2025 SUBJECT: Request to initiate rulemaking to adopt Total Maximum Daily Load (TMDL) by reference into R317-1-7 Castle, Mill, and Pack Creek E. coli TMDLs The Division of Water Quality (DWQ) has completed Total Maximum Daily Load (TMDL) studies to address Escherichia coli (E. coli) in Castle, Mill and Pack Creeks, near Moab, UT. The Creeks were listed on the Clean Water Act 303(d) list of impaired waterbodies for not meeting the drinking water and recreational beneficial uses due to E. coli. E. coli is an indicator of fecal contamination from human or animal waste and is a potential risk to human health. There are no point sources that contribute E. coli loading to the Creeks identified in this report. The nonpoint sources identified are not regulated by DWQ and instead, addressed through voluntary and incentive-based grants. Therefore, there are no costs associated with these TMDLs. Finalization Timeline May 28, 2025: Water Quality Board preliminary approval of TMDL / Petition to initiate rulemaking June 15, 2025 - July 15, 2025: 30-day Division of Administrative Rule Public Notice Period August 27, 2025: Petition Water Quality Board for formal adoption of TMDL into R317-1-7 August 28, 2025: Submit TMDL to the Environmental Protection Agency (EPA) for approval Page 2 Background The Clean Water Act (CWA) requires states develop TMDLs for waters that do not meet water quality standards for their designated beneficial uses. Waterbodies that do not protect their beneficial uses are added to the 303(d) list, which is updated every two years as part of the DWQ Integrated Report. The purpose of a TMDL is to establish an allowable amount of a pollutant to a waterbody and use data to determine why a waterbody is not meeting its beneficial use. Although not required by EPA, DWQ includes an implementation plan with each TMDL that acts as a guide for projects, financial assistance, and to foster community support for improving water quality. The Castle Creek-1, Mill Creek-1-Moab, and Pack Creek Assessment Units (AU) were listed for an E. coli impairment on the 303(d) list of impaired waterbodies with a high priority to receive a TMDL. These listings, in conjunction with input from local stakeholders and the Moab Area Watershed Partnership (MAWP), triggered a targeted data collection effort that culminated in the completion of a TMDL for each waterbody in 2025. DWQ coordinated and collaborated with the MAWP and other stakeholders throughout the development of the TMDLs. Stakeholders reviewed the TMDL document and staff addressed their comments, which are linked with the full report. Background Page 3 Results The TMDL analysis for Castle, Mill, and Pack Creeks incorporated ten years of E. coli data. Results from this study determined that E. coli reductions are needed to protect recreational beneficial uses for all three water bodies: 4% in Castle Creek, 45% in Mill Creek, and 87% in Pack Creek. Data shows E. coli concentrations peak in late summer and decrease in the fall in all Assessment Units. The analysis determined that the main sources of E. coli pollution are failing onsite wastewater systems and agricultural practices. Stakeholder and Public Involvement Year Activity 2013 Escherichia coli (E. coli) and field sampling conducted by DWQ and local watershed coordinator 2014 MAWP request for TMDL development in E. coli impaired waterbodies 2022 November 15 - Tour of Mill Creek and Pack Creek Watersheds with the local watershed coordinator November 16 - Introduction of TMDLs to the MAWP 2023 March 14 - Tour of Castle Creek Watershed with the local watershed coordinator March 22 - Introduction of TMDLs to the Water Quality Board July 27 - Microbial Source Tracking (MST) on Castle, Pack, and Mill Creek August 23 - Microbial Source Tracking (MST) on Castle, Pack, and Mill Creek September 11 - Microbial Source Tracking (MST) on Castle, Pack, and Mill Creek September 20 - TMDL and monitoring update to MAWP 2024 January 17 - E. coli data summary update to MAWP February 22 - Virtual meeting with SEUHD representative and the local watershed coordinator April 15/16 - Tour of Castle Creek, Mill Creek, and Pack Creek Watersheds with the local watershed coordinator. Meet with SEUHD and the local watershed coordinator to discuss E. coli sources. May 14 - Virtual meeting with USGS to discuss hydrology of impaired Assessment Units (AUs) July 15 - Castle Creek synoptic E. coli sampling run. Meeting with the Town of Castle Valley, Castle Valley Irrigation Company, and the local watershed coordinator July 16 - Mill Creek and Pack Creek synoptic E. coli run July 17 - Meeting with Moab Irrigation Company and local watershed coordinator. MAWP meeting August 13 - San Juan Conservation District meeting and Grand Conservation District (GCD) meeting to discuss the E. coli TMDLs August 14 - Virtual meeting with Utah Division of Wildlife (Makeda Hanson) August 28 - Virtual Meeting with Utah Division of Wildlife (Josh Fife) September 18 - MAWP meeting September 19 - Tour of Castle Creek Watershed with the local watershed coordinator November 20 - Presented the draft TMDL Implementation Plan to the MAWP for their feedback 2025 January 15 - Presented the TMDL results to MAWP and stakeholders. February 18 - Presented the TMDL Grand County Commission. February 19 - Presented the TMDL to Moab City staff March 3 – Stakeholder draft sent out for review and comments March 19 - Presented TMDL at Castle Valley Town Council March 26 – Presented the TMDL results to MAWP and stakeholders Main Report and Comments LINK TO MAIN REPORT LINK TO COMMENTS 195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone (801) 536-4300 • Fax (801) 536-4301 • TDD 800 346-3128 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 Jeannie Simmonds Robert Fehr Michela Harris Joseph Havasi Trevor Heaton Jill Jones 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 Mackey, P.E., Director FROM: DATE: Paul Burnett May 28, 2025 SUBJECT: State Nonpoint Source Program Annual Report for Fiscal Year 2025 and Fiscal Year 2026 Project Selection The Utah Division of Water Quality receives grant funds through two sources: Federal Section 319(h) funds from the EPA, and an annual allocation of $1M in hardship grant funds from the Utah Water Quality Board to implement nonpoint source pollution control projects throughout the state. Every year the Watershed Protection Section submits an annual report to the EPA documenting the accomplishments of the State’s Nonpoint Source Program from the previous federal fiscal year. Paul Burnett will present a summary of the federal Fiscal Year 2024 annual report including an overview of the projects selected for Federal Fiscal Year 2025 and State Fiscal Year 2026. State Fiscal Year 2026 Utah Nonpoint Source Grant Awards P R E P A R E D B Y Paul Burne, Nonpoint Source Program Coordinator State Fiscal Year 2026 Utah Nonpoint Source Project Awards •May 6, 2025 2 of 6 Watershed Project Title Brief Project Description Sponsoring Organization Project Category Award Jordan River Big Bend Adaptive Monitoring and Stewardship Plan The Big Bend Adaptive Monitoring and Stewardship Plan aims to work with project stakeholders to develop a sustainable and adaptive implementation strategy to ensure the successful establishment of the River Phase of the Big Bend Habitat Restoration Project. By engaging stakeholders, scientists, and community members, this project ensures sustainable ecological and water quality benefits for the Jordan River Corridor. McCulley Watershed Consulting Services, LLC Monitoring and Assessment $49,700.00 Lower Jordan River Basin Watershed Coordinator FY 2026 Funds will support a variety of projects throughout the basin including: water quality project effectiveness monitoring, ongoing restoration and bank stabilization efforts, ongoing outreach efforts, collaboration and coordination with partners, as well as supporting time spent in search of new restoration projects. Salt Lake County Watershed Planning and Restoration Program Technical Assistance (e.g. staff capacity) $30,000.00 Stream Improvements to Rose Creek & Tributaries, Phase 2 Rose Creek and its tributaries are plagued by high volumes of E.coli being introduced to the stream due to excessive recreational usage. SLCo WPRP will be implementing multiple locations of exclusionary fencing, vegetative buffers, and bioengineered bank stabilization with the intention of reducing E.coli and sediment load to the stream. Salt Lake County Watershed Planning and Restoration Program Stream Restoration $29,500.00 Logan River JH streambank stabilization phase 3 Excessive stream erosion has diminished an agricultural producer's land. This project would remedy this by installing low-tech devices near the ordinary high water mark to slow erosive velocities and capture sediments. See prior years, phase 1 and phase 2. Utah Department of Agriculture and Food Stream Restoration $20,000.00 Ogden River Ogden Valley Virtual Fencing This project will support grazing in the Ogden Valley with virtual fencing to ensure protection of riparian areas, water quality, and soil health. Utah Department of Agriculture and Food Agricultural Nonpoint Source $43,500.00 Ogden Valley BDAs This project will support the installation of 5 BDAs on a tributary to the N. Fork Ogden River. Utah Department of Agriculture and Food Stream Restoration $2,250.00 State Fiscal Year 2026 Utah Nonpoint Source Project Awards •May 6, 2025 3 of 6 Watershed Project Title Brief Project Description Sponsoring Organization Project Category Award Price River Impaired Watershed Capacity Funding SFY 26 Watersheds in Utah are degraded to varying degrees due to land use practices and lack of understanding of proper management. We can accelerate the rate of improvement to Utah’s watersheds by building on the past success of TU and the UDWQ. This proposal presents an opportunity for partnership through co-funding positions in the Price River and Duchesne River watersheds to capacity for accelerated and scaled riverscape improvements leading to improved water quality. Trout Unlimited Technical Assistance (e.g. staff capacity) $56,580.82 Price River Minimum Instream Flow Study This project will determine a minimum instream flow rate for the Price River required to support ecological restoration, native and wild fish, and other aquatic species. This instream flow rate study will help inform resource managers, water users, land managers, and wildlife advocates as to the needs required to maintain current aquatic ecosystems and riverine function present in the Price River. Trout Unlimited Monitoring and Assessment $44,000.00 Provo River Provo River Watershed Council Information and Education This project will benefit water quality in the Middle Provo by implementing several information and education projects. Projects include partnering with local stakeholders to continue supporting annual trash cleanup events, hosting the Provo River Watershed Council annual tour, and working with a local nonprofit to host a watershed festival for the Provo River. Utah Department of Agriculture and Food Information and Education $10,000.00 Sevier River - Upper Panguitch Lake fence and riparian restoration Install 15,300 feet of wildlife-friendly fence excluding cattle from access to low water mark along Panguith Lake. Install off sight watering system to allow cattle access to water in excluded pasture. Utah Department of Agriculture and Food Agricultural Nonpoint Source $75,000.00 Panguitch Lake Hypolimnetic Drain This project is to fund the cost of incorporating a hypolimnetic drain as part of a newly constructed dam planned at Pangutich Lake. The drain would pull water from the most nutrient-rich areas of the lake in an effort to reduce water quality issues caused by nutrient loading that currently pose a threat to the extremely popular and economically important fishery. Utah Division of Wildlife Resources In-Lake Treatment $50,000.00 State Fiscal Year 2026 Utah Nonpoint Source Project Awards •May 6, 2025 4 of 6 Watershed Project Title Brief Project Description Sponsoring Organization Project Category Award Upper Sevier I&E Host approximately 600 elementary school kids on a farm field day or natural resource day each year. Host Panguitch High School Freshman class planting willows and trees and teaching kids about the importance of macroinvertebrate populations on a stream system. Host an Upper Sevier Watershed Tour and any other tours/workshops needed in the watershed. Utah Department of Agriculture and Food Information and Education $16,000.00 Southeast Colorado River Southeast Colorado River Basin Watershed Coordinator This funding will support the watershed coordinator position for the Southeast Colorado River Basin that encompasses waterbodies in both Grand County and San Juan County. The watershed coordinator provides important resources for watershed planning, support in directing and tracking implementation practices to attain defined TMDL endpoints, and assistance to the local watershed group to establish management plans and implementation activities recommended within approved TMDLs. Utah Division of Water Quality Technical Assistance (e.g. staff capacity) $74,300.00 BLM Phase VII Mill Creek Watershed Erosion Control This project involves nature-based solutions to reduce accelerated erosion within the Mill Creek Watershed on BLM lands. Sustainable ecosystem friendly designs would enhance streambank stability, increase soil stability and improve riparian conditions. This project entails construction of Zeedyk type structures in gullies and upland areas, hardening hiking trails, limiting social trailing, and stabilizing streambanks by planting locally sourced willow cuttings and other simple techniques. BLM Stream Restoration $50,000.00 Spanish Fork River Implementing Low Impact Designs to Spanish Fork's Stormwater Management System Spanish Fork City manages conveyance of stormwater by a network of pipes and ditches throughout the city. The end point for stormwater runoff is either retention basins or being discharged in Dry Creek or the Spanish Fork River. Runoff is a primary contributor of pollutants and pathogens found in natural waterbodies. We propose to decrease the amount of pollutants entering the Spanish Fork River by retrofitting green infrastructure following Low Impact Development principles at appropriate sites. Trout Unlimited Urban Nonpoint Source $35,000.00 State Fiscal Year 2026 Utah Nonpoint Source Project Awards •May 6, 2025 5 of 6 Watershed Project Title Brief Project Description Sponsoring Organization Project Category Award Statewide The 2025 Small Farm Water Quality Improvement Project The Small Farm Water Quality Improvement Project aims to provide small-scale agriculture producers with funding to improve water quality and waste management on agricultural properties and Utah waterways. Large farms or agriculture facilities often have resources available to improve water quality and waste management; this project seeks to offer a similar opportunity for smaller farms and ranchers. Utah State University Extension Animal Feeding Operation Waste Management $85,000.00 Onsite Wastewater Hardship Financial Assistance Program This program assists homeowners with demonstrated financial hardship to repair or replace malfunctioning onsite wastewater (septic) systems that they could not otherwise afford to repair or replace. Requested funding will repair or replace 6-8 septic systems per year. Utah Division of Water Quality Onsite Waste Water (e.g. septic) $70,000.00 FY2026 NPS Sponsorship Fund Throughout a typical fiscal year, the Nonpoint Source Program is asked to sponsor events from public meetings to conferences. This fund will allow the NPS program to sponsor these events without developing applications for each one. Utah Division of Water Quality Information and Education $5,000.00 Utah Lake Utah Lake Watershed Stormwater Seminar - Year 2 Utah Lake's watershed is highly populated and only continuing to grow. As this growth continues, the more residents, businesses, and municipalities need access to education. We request funds to build on a pilot year of stormwater education outreach and seminars. In partnership with Utah County Stormwater Coalition and Provo River Watershed Council, the first year of Utah County stormwater outreach is underway. Utah Lake Authority Information and Education $30,869.59 Weber River Phase 3: Addressing Sediment in Echo Canyon with riparian habitat restoration This State Nonpoint Source grant will provide matching support for an existing project addressing sediment in Echo Creek through riparian habitat restoration. Echo Creek is an important source of drinking water in the Weber River watershed and is impaired for sediment. We propose to design and implement low-tech, process-based restoration (LTPBR) practices on up to 4 miles of Echo Creek and tributaries to address sediment according to the 2024 Watershed Plan. Sageland Collaborative Stream Restoration $68,600.00 State Fiscal Year 2026 Utah Nonpoint Source Project Awards •May 6, 2025 6 of 6 Watershed Project Title Brief Project Description Sponsoring Organization Project Category Award Weber River Water-Quality Monitoring and Floodplain Restoration In this project, we propose to complete floodplain and stream bank restoration in a degraded reach of the Weber River to enhance instream and riparian habitat, reduce sediment loading, and reduce nutrient loading. At the same time, we will implement a pilot program for collecting real-time water-quality data at three sites. The pilot program will help to monitor effects of the restoration work, engage community members, and develop monitoring methods that can be scaled throughout the state. Trout Unlimited Stream Restoration $65,000.00 Upper East Canyon Creek 9-Element Watershed Plan Create an EPA approved 9-element watershed plan for the upper East Canyon Creek watershed. Trout Unlimited EPA 9-Element Watershed Plan Development $38,830.00 Weber Basin Floodplain Restoration Workshops FY26 We propose two workshops- one focused on the urban/ lower Weber and one focused on the rural/upper Weber Basin. Both will address floodplain restoration, providing stakeholders, local governments, planners, engineers, and private landowners with technologies and techniques to improve waterway health. These workshops will include visits to successful floodplain restoration projects, hands-on training, and the opportunity to network with partners to share ideas and best practices. Sageland Collaborative Information and Education $30,869.59 Pace Trough Expansion Pt 2 This project will implement a pumping plant alongside troughs and piping to increase rangeland use and reduce riparian grazing pressure from cattle and sheep. Utah Department of Agriculture and Food Agricultural Nonpoint Source $20,000.00