DAR File No. 37856

Environmental Quality, Water Quality

Rule R317-12

General Requirements: Tax Exemption for Water Pollution Control Equipment

Notice of Proposed Rule

(Amendment)

DAR File No.: 37856
Filed: 07/15/2013 04:53:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 passed in the 2012 General Legislative Session.

Summary of the rule or change:

The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 (2012). The majority of the proposed changes are editorial, largely consisting of replacing the term "Executive Secretary" with "Director". However, the amendments also make additional changes mandated by S.B. 21 (2012) which reflect the transfer of certain powers and duties from the Water Quality Board to the Director of the Division of Water Quality in the realm of permits, certifications, and other administrative authorizations.

State statutory or constitutional authorization for this rule:

• Section 19-5-104

Anticipated cost or savings to:

the state budget:

Enactment of these changes likely will not result in direct, measurable costs to the state budget as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

local governments:

Enactment of these changes likely will not result in direct, measurable costs for local governments as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

small businesses:

Enactment of these changes likely will not result in direct, measurable costs to small businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

persons other than small businesses, businesses, or local governmental entities:

Enactment of these changes likely will not result in direct, measurable costs to other persons as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

Compliance costs for affected persons:

Enactment of these changes likely will not result in direct, measurable compliance costs as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

Comments by the department head on the fiscal impact the rule may have on businesses:

Enactment of these changes likely will not result in direct, measurable costs to businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/03/2013

This rule may become effective on:

09/10/2013

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-12. General Requirements: Tax Exemption for Water Pollution Control Equipment.

R317-12-5. Limitations on Certification.

Applications for certification shall be certified by the executive secretary of the Water Quality Board after consultation with the State Tax Commission and only if:

(1) plans for the water pollution control facility in question require review and approval by the [Water Quality Board]Director and have been so approved, or

(2) the water pollution control facility is specifically required by the Water Quality Board, including facilities constructed for pretreatment of wastes prior to discharge to a public sewerage system in accordance with R317-8-8.1, but excluding facilities which are permitted by rule under R317-6-6.2 (Ground Water Discharge Permit by Rule) unless required to obtain an individual permit by the [Water Quality Board]Director, or

([c]3) the water pollution control facility is required and permitted by another [statutory board]Division within the Department of Environmental Quality, or

([d]4) the water pollution control facility eliminates or reduces the discharge of pollutants which would be regulated by the [Water Quality Board]Division, if such pollutants were discharged.

 

R317-12-6. Exemptions from Certification.

The following items are specifically not eligible for certification:

(1) materials and supplies used in the normal operation or maintenance of the water pollution control facilities;

(2) materials, equipment, and services used to monitor water, unless required for a permit or approval from a [statutory board]Division within the Department of Environmental Quality;

(3) materials, equipment, and services for collection, treatment, and disposal of human wastes, unless the primary purpose of such materials, equipment and services is the treatment of industrial wastes;

(4) materials, equipment and services used in removal, treatment, or disposal of pollutants from contaminated ground water, if the applicant caused the ground water contamination by failing to comply with applicable permits, approvals, rules, or standards existing at the time the contamination occurred.

 

R317-12-8. Appeal and Revocation.

(1) A decision of the executive secretary of the Water Quality Board may be reviewed by filing a Request for Agency Action as provided in R305-7.[the administrative rules for Water Quality, R317.]

(2) Revocation of prior certification shall be made for any of the circumstances prescribed in Section 19-2-126, after consultation with the State Tax Commission.

 

KEY: water pollution, tax exemptions, equipment

Date of Enactment or Last Substantive Amendment: [March 9, 2007]2013

Notice of Continuation: January 25, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-123; 19-2-124; 19-2-125; 19-2-126; 19-2-127