NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Environmental Quality, Administration
Multi Agency State Office Building
Salt Lake City, UT 84114-4810
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R305-7. Administrative Procedures
B. Purpose of the new rule or reason for the change:
This is a rule proposed to establish procedures for the implementation and appeal of the administrative fines authorized by SB 220, Construction Modifications, which went into effect 05/07/2025 after the 2025 General Session.
C. Summary of the new rule or change:
The amendment provides for how the Utah Department of Environmental Quality, Division of Water Quality (DWQ) will implement Section 19-5-108.3 and, per Section 19-5-111, establishes procedural rules for appealing an administrative fine issued under Section 19-5-108.3.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
SB 220 (2025 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule provides procedural guidance for Construction Stormwater Enforcement proceedings created by SB 220 (2025) and will therefore not impact state budget, as the cost of those proceedings is consistent with the previously anticipated cost of regulating the program.
The proposed rule is expected to result in modest cost savings for DWQ in the form of reduced administrative and legal expenses associated with construction stormwater enforcement proceedings as compared to existing procedures.
However, because the administrative fine enforcement proceeding created by SB 220 (2025) is new, there is insufficient data available to estimate the number of proceedings that will occur over the next few years, nor the cost savings of an appeal under the new informal procedures versus the existing formal procedures set forth in Rule R305-7.
Therefore, the benefit to the agency is inestimable.
Because local governments are not involved in the proceedings and procedures being implemented by this amendment, the proposed rule is not expected to have any impact on local governments' revenues or expenditures.
C. Small businesses ("small business" means a business employing 1-49 persons):
The proposed rule may result in cost savings for small construction companies involved in enforcement proceedings under the new procedures as compared to the existing procedures in Rule R305-7.
However, because the enforcement proceedings created by SB 220 (2025) are relatively new, there is insufficient data available to estimate the number of proceedings that will occur over the next few years, nor the cost savings of an appeal under the new informal procedures versus the existing formal procedures set forth in Rule R305-7.
Therefore, the benefit to these small businesses is inestimable.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed rule may result in cost savings to non-small construction companies involved in enforcement proceedings under the new procedures as compared to the existing procedures in Rule R305-7.
However, because the enforcement proceedings created by SB 220 (2025) are relatively new, there is insufficient data available to estimate the number of proceedings that will occur over the next few years, nor the cost savings of an appeal under the new informal procedures versus the existing formal procedures set forth in Rule R305-7.
Therefore, the benefit to these non-small businesses is inestimable.
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):
The proposed rule may result in cost savings for other persons involved in enforcement proceedings under the new procedures as compared to the existing procedures in Rule R305-7.
However, because the enforcement proceedings created by SB 220 (2025) are relatively new, there is insufficient data available to estimate the number of proceedings that will occur over the next few years, nor the cost savings of an appeal under the new informal procedures versus the existing formal procedures set forth in Rule R305-7.
Therefore, the benefit to these other persons is inestimable.
F. Compliance costs for affected persons:
This proposed amendment is not expected to impose any additional compliance costs on affected persons as it does not have any regulatory component beyond what was put into statute by SB 220 (2025). 6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Environmental Quality, Tim Davis, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
B. Summary of reasonable alternatives or modifications:
There are no anticipated negative impacts to family health, stability, and formation associated with this proposed rule change.
9. Citation Information
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:
Subsection 19-1-201(1)(d)(ii)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Tim Davis, Executive Director
R305. Environmental Quality, Administration.
R305-7. Administrative Procedures.
R305-7-611. Matters Governed by the Water Quality Act, Title 19, Chapter 5.
(1) [This subsection]Section R305-7-611 applies to all matters governed by the Water Quality Act, Title 19, Chapter 5. (2) Sections R305-7-611a through R305-7-611g apply to the issuance and review of administrative fines imposed under the authority of Section 19-5-108.3. "Director" means the Director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Radiation Control, the Director of the Division of Radiation Control.
R305-7-611a. Proceedings to Impose an Administrative Fine under the Water Quality Act; Purpose and Authority. (1) The department adopts Sections R305-7-611a through R305-7-611g under the authority of Subsections 19-5-111(4) and 63G-4-102(6) to govern adjudicative proceedings initiated by the Division of Water Quality to impose an administrative fine under Section 19-5-108.3. (2) Adjudicative proceedings under Section 19-5-108.3 are designated as informal adjudicative proceedings and shall be conducted in accordance with Section 63G-4-203 and Sections R305-7-611a through R305-7-611g. R305-7-611b. Definitions. In addition to the definitions in Section 19-5-108.3, as used in Sections R305-7-611a through R305-7-611g: (1) "Administrative fine" means a monetary penalty imposed pursuant to Section 19-5-108.3. (2) "Citation" means a document, issued by the division, which gives notice that a violation has not been corrected and imposes an administrative fine pursuant to Subsection 19-5-108.3(7)(c). (3) "Designated electronic mail address" means the most recent electronic mail address an operator or its agent has provided to the division. (4) "Director" means the director of the division. (5) "Division" means the Division of Water Quality. (6) "Failure to correct notice" means a notice meeting the requirements of Subsection 19-5-108.3(7)(b). (7) "Notice of noncompliance" means a notice meeting the requirements of Subsection 19-5-108.3(7)(a). (a) a person which has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (b) a person who has day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with permit conditions. (9) "Presiding officer" means the commissioner of the department, or a person designated by the commissioner, to conduct an informal conference. R305-7-611c. Commencement of Proceedings. (1) The division will issue a written notice of noncompliance if, during an inspection, it finds a violation specified in Subsection 19-5-108.3(7)(c)(ii). (2) A notice of noncompliance shall set forth, with reasonable specificity: (a) The nature of the violation, and include a reference to the provision of the chapter, rule, or permit alleged to have been violated; (b) Remedial actions necessary to correct the violation; (c) A reasonable timeframe for correcting the violation, which shall be no less than one business day; and (d) Instructions for submitting proof of the corrected violation to the division. (3) A violation will not be considered resolved until the division receives and approves evidence from the operator verifying that the violation has been fully corrected. (4) If the operator fails to correct an identified violation within the timeframe specified in the notice of noncompliance, the division will issue a written failure to correct notice to the operator. The failure to correct notice shall, with reasonable specificity:(a) identify an outstanding violation from the notice of noncompliance that has not been corrected; and (b) notify the operator that the division may impose an administrative fine if the violation is not corrected within a reasonable timeframe, which shall be no less than one business day. (5) If the operator fails to correct an identified violation within the timeframe specified in the failure to correct notice, the division may issue a citation and impose an administrative fine in accordance with Subsection 19-5-108.3(7)(c). (6) Each business day a violation continues uncorrected after issuance of the citation and administrative fine constitutes a separate violation and results in a separate administrative fine. (a) The accumulation of administrative fines for continuing violations is tolled upon the operator's submission of evidence demonstrating that the violation has been corrected. If, upon review, the division determines that the submitted evidence is insufficient to establish that the violation has been corrected, the accumulation of administrative fines shall resume on the date the division provides notice of its determination of insufficiency. (b) The accumulation of administrative fines for continuing violations will cease once the division determines that the operator has provided satisfactory proof to the division establishing that the violation has been fully corrected. (7) The division will provide written notice to an operator when the division determines that all violations listed in a notice of noncompliance have been corrected. (8) The division may extend the deadline to correct a violation, upon written request by the operator, if the division determines that the operator's failure to meet the deadline was not caused by lack of diligence by the operator. (1) Each citation shall be in writing and describe the nature of the violation, including a reference to the provision of the chapter, rule, or permit alleged to have been violated. The citation shall include an explanation for how the administrative fine has been calculated. (2) A citation issued to an operator shall clearly state that the operator must notify the division in writing within 30 calendar days of service of the citation if the operator wishes to contest the citation at an informal conference. The citation shall clearly explain the consequences of failure to timely contest the citation or pay any fines assessed by the citation within the time specified in the citation. (3) If, within 30 calendar days from service of the citation, the operator fails to request an informal conference to contest the citation, the citation becomes the final order of the division and is not subject to further agency or judicial review. R305-7-611e. Request for Informal Conference. (1) A request for an informal conference to contest a citation shall be filed with the division by: (a) hand delivery of a paper copy to the division, pursuant to Subsection (2)(a); (b) first class or certified mail, postage prepaid, of a paper copy, pursuant to Subsection (2)(a); or (c) attachment to electronic mail sent to the email address identified in the citation pursuant to Subsection (2)(b). (2)(a) A filing by hand delivery, first class, or certified mail is complete when it is received and date-stamped by the division. (b) A filing by electronic mail is complete upon transmission if completed and received during the division's operating hours, 8 a.m. to 5 p.m. Mountain Time, on days other than Saturdays, Sundays, or state or federal holidays. R305-7-611f. Procedures for Informal Conferences. (1) The presiding officer will arrange for an informal conference to review the facts of a violation, the imposed fine, or both, upon written request of the operator, if the request is received by the division within 30 calendar days from the date of service of the citation. (2) The presiding officer will provide reasonable notice of the time and place of the informal conference to the operator and the division. Any person may attend the conference. (3) The operator may obtain access to the division's files related to the citation by filing a request with the division in accordance with Section 63G-2-204. (4) The presiding officer will consider all relevant information on the citation. Within 30 calendar days after the conference is held, the presiding officer will issue a final written order affirming, setting aside, or modifying the citation. (5) An operator or the division may obtain judicial review of the final order through a review by trial de novo by filing a complaint in district court in accordance with Section 63G-4-402, within 30 calendar days after the final order is served. R305-7-611g. Service of Notices, Citations, and Orders. A notice, order, or citation may be served: (1)(a) On an operator upon whom a summons may be served pursuant to the Utah Rules of Civil Procedure; and (b) personally, or on the agent of the operator being served. (2) Service may be accomplished by hand delivery of a paper copy, by mail of a paper copy to the personal or business address of the intended recipient or by attachment to electronic mail sent to the intended recipient at the designated electronic mail address. (3) Service by hand delivery is complete upon delivery to: (b) any individual who is employed by, and physically present at, the business office of the operator. (4) Service by mail is complete upon mailing, as evidenced by a postmark. (5) Service by attachment to electronic mail is complete upon transmission to the operator or their agent, if transmission is completed during normal business hours, 8 a.m. to 5 p.m. on days other than Saturdays, Sundays, and state and federal holidays, at the place receiving the service. Otherwise, service is complete on the next business day. (6) Section R305-7-105 shall govern computation and extensions of time under this rule. KEY: administrative procedures, adjudicative procedures, hearings
Date of Last Change: [June 30,] 2026 Notice of Continuation: October 11, 2022
