DWQ-2024-000373

MINUTES
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
UTAH WATER QUALITY BOARD
MASOB, Redrocks Conference Room 3132
and
Via Zoom
December 13, 2023
8:30 amMeeting
UTAH WATER QUALITY BOARD MEMBERS PRESENTJim WebbJill JonesCarly CastleJohn MackeyTrevor HeatonJoe HavasiMichela HarrisMayor KaufusiRobert FehrExcusedKim ShellyDIVISION OF WATER QUALITY
STAFF MEMBERS PRESENT &ONLINEEmily CantónSkyler DavisKen HoffmanGlen LischeskeClanci HawksAndrew Pompeo Haley SousaGeorge MeadosBen HolcombLonnie ShullJudy EtheringtonDave PiersonBeth
WondimuLinsey ShaferRobert BeersAlex HeppnerJennifer RobinsonJeff StudenkaDan GriffinJennifer BerjikianEric CastrejonOTHERS PRESENT & ONLINERob DubucMayor Paul EricksonDaniel HauleyMayor
Jeffren PeiRen LambertPaul Heinzal
Mayor Stephanie Miller
Angela Pritchett
Justin Lewis
Westin
Mr. Webb, Chair,called the Meeting to order at 8:30 AM.
ROLL CALL
Mr. Webbtook roll call for the members of the Board.
APPROVAL OF MINUTES OF October 25, 2023 BOARD MEETING
Mr. Webbmoved to approve the minutes of the October 25, 2023 Board meeting.
Motion: Ms. Jones motioned to accept the minutes.
Mr. Heaton seconded the motion.
The motion passed unanimously to approve the October 25, 2023 meeting minutes.
APPROVAL OF 2024WQ BOARD MEETING SCHEDULE
Motion:All members of the Board reviewed the 2024 meeting schedule and were all in agreement to proceed as noted.In the event a date needs to be changed, that will be addressed as needed.
EXECUTIVE SECRETARY REPORT
Mr. Mackey addressed the Boardregarding the following:
National News:
Clean Water Act Section 401 Water Quality Certification Improvement Rule. The final 2023 Clean Water Act Section 401 Water Quality Certification Improvement Rule went into effect on
November 27, 2023. The final rule provides stakeholders with a clear and consistent certification process. The 2023 Rule allows time to collaborate with federal agencies to determine
the time frame for review, up to the one-year statutory maximum.
To ensure timely action and negotiation, the 2023 Rule provides a 6-month default timeframe if the certifying authority and federal agency do not agree on a timeframe.
The State of Louisiana has filed a complaint of the validity of EPA’s interpretation of Section 401 of the Clean Water Act. Mr. Mackey noted the State of Utah has not joined the complaint.
EPA announces plans for Wastewater Regulations and Studies, including limits for PFAS and a new study for Nutrients.
State/Division News:
The Governorallotteda 20 Million Dollar budget for SRF Funding.Mr. Mackey explainedthe new Legislative Session is coming up and there are serval bills to be discussed that involve the
Division of Water Quality, such as requirements for stormwater post construction, as the state has 6600 active permits and 90 or more MS4 Permits.
House Bill HB513 went through the informal Public Comment session with numerous comments received from different Environmental Group. A Public Meeting is taking place on December 18,
2023 in Salt Lake City at 6:00pm, in person and online to accept informal comments regarding HB 513 Rules.
A number of Audits have taken place this year, mainly focusing on the Great Salt Lake Permits. Audits focus on the Division of Water Qualities performance regarding the permitting processes
of the wide variety of permits the division handles. Mr. Mackey touched on the number of Stormwater construction permits, Compliance and Enforcement Actions the Division handles at any
given time.
Mr. Mackey noted that the State of Utah has had 250 Spills Recorded and 188 of them have been reported since June of 2023.
Triennial Review- DWQ is required to review Utah’s WQ Standards at least once every three years as required by the Clean Water Act. An Informal Public Hearing will be held on December
14, 2023 in person and online to receive comments.
Mr. Mackey touch on the Watershed Assessment of Water of the State. There are 130 Lakes that are monitored for WQ on a regular basis. One-half are sampled during odd numbered years and
the other during even. They are sampled twice a year. Mr. Mackey encourages people to take the Water Quality Restoration & Protection Survey. Which can be found at https://deq.utah.gov/water-quality/take-the-water-quality-restoration-protection-survey.

The Division of Water Quality was awarded $5,000,000 for the America the Beautiful Grant.
The Upcoming Budget has been set, we earn about $22,000,000 a year, half comes from Federal Government and a quarter from General Funding and the remaining balance comes from fees. Mr.
Mackey noted that fees become more and more important. There will be a request for improving the fee process in today’s meeting.
Mr. Mackey wanted to share with the Board that the Division has a “Hall of Fame” award. This year Toby Hooker was the recipient. Toby is an Environmental Scientist III and Chemist, whom
has been with the Division for 15 years. Toby has a very important job within the Division, he ensures that proper procedures are followed to import the data of the samples and test
results that come into the Division from the Monitors and other entities.
FUNDINGFinancial Status Report: Ms. Hernandez presented the financial status report to the Board as indicated in the packet. Hyrum City Planning Advance:Mr.Meadospresented a request
for a planning advance in the amount of $74,900 to develop a Master Plan that will include a capital facility plan
Motion: Ms. Jones motioned to authorize funding in the amount of $74,900 as a short-term loan with zero percent interest following the conditions in the board packet.
Mr. Heaton seconded the motion.
The motion passed unanimously.

Richmond Planning Advance:Mr. Hoffman & Ms.Wondimu presented a request for a planning advance in the amount of $99,800 to evaluate their wastewater treatment plant capability to handle
the current and future wastewater flows and loads.
Motion:Ms. Jones motioned to authorize funding in the amount $99,800 as a short-term loan over five years starting three years after completion and following the conditions in the board
packet.Mr. Heaton seconded the motion.The motion passed unanimously.
Hanksville Supplemental Funding Authorization: Mr. Meados presented a request for supplemental funding in the amount of $180,000 to complete repairs to their flood damaged wastewater
treatment lagoons.
Motion #1:Mr. Heaton motioned to authorize potential forgiveness on the $36,000 following the conditions in the board packet.Mr. Hauvsi seconded the motion.
Motion #2:Mr. Heaton motioned to reauthorizefunding in the amount of $143,400 following the conditions in the board packet.Ms. Jones seconded the motion.The motion passed unanimously.OTHERPublic
Hearing for FY25 Fee Schedule Change: Mr. Webb requested motions to open the Public Hearing for comments.Motion:Ms. Jones motioned to open the Public Hearing for comments.Mr. Hauvsi
seconded the motion. (No roll call vote was required)Ms. Canton provided the board with a brief explanation of what was being requested for the FY25 Fee Schedule Change and explained
that a fee for “Technical review of and assistance given” is currently on the DEQ FY25 Draft Fee Schedule. Mr. Mackey explained to the board that the purpose of the hearing it to inform
the public of the upcoming change, no comments will be addressed today. No Public Comments were made during the open comment session. Mr. Webb asked for a motion to close the comment
session.Motion: Ms. Jones motioned to close the comment session.Mr. Hauvis seconded the motion.
PUBLIC COMMENTS
No comments were presented.
MEETING ADJOURNMENT
Motion:Ms. Jones motion to adjourn the meeting.Mr. Heaton seconded the motionto adjourn the meeting.
Next Meeting –January 24, 2024
Meeting begins at 8:30 am
In-Person
MASOB
Board Room 1015
195 North 1950 West
Salt Lake City, UT 84116
Via Zoom
https://us02web.zoom.us/j/7074990271___________________________________James Webb, ChairUtah Water Quality BoardDWQ-2024-