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Uintah County Notice of Violation

Uintah County Notice of Violation

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Published by Geoff Liesik
A Notice of Violation issued by the Utah Water Quality Board to Uintah County on Feb. 1, 2011, for its use of oil field production water to de-ice culverts.
A Notice of Violation issued by the Utah Water Quality Board to Uintah County on Feb. 1, 2011, for its use of oil field production water to de-ice culverts.

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Published by: Geoff Liesik on Feb 08, 2011
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02/08/2011

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State
of
Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
February 1,2011
Water
Quality Board
Department
of
Jay Ivan Olsen,
Chair
Environmental Quality
Paula Doughty,
Vice-Chair
Myron E, BatemanAmanda Smith David
F.
Echols
Executive Director
Merritt
K.
FreyDarrell H. MenselDIVISION OF WATER QUALITYLeland
1.
MyersWalter
L.
Baker, P.E.Neal
L.
Peacock
Director
Gregory
L.
RowleySteven P. SimpsonAmanda SmithDaniel C. SnarrWalter
L.
Baker
Executive Secretary
CERTIFIED MAIL(Return Receipt Requested)
Darlene Bums
Uintah County Commission147 East MainVernal, UT 84078Dear Commissioner Bums:Subject:Uintah County Commission, Notice
of
Violation & Order Docket No. M11-03Transmitted herewith is a Notice
of
Violation from the Utah Water Quality Board for yourimmediate attention.
If
you have any questions regarding this notice, please contact JohnKennington at (801) 536-4380 or email at jkennington@utah.gov.Sincerely,UTAH WATER QUALITY BOARD
~ &
 
a ter
L.
Baker, P.E.Executive SecretaryWLB:MH:mcEnclosurecc: Paul Me Conkie, Assistant Attorney General
(w/encl)
Stephanie Gieck, U.S. EPA Region VIII
(w/encl)
Damn
Brown, Tricounty Health Department
(w/encl)
Scott Hacking, District Engineer
(w/encl)
F:\MH\WP\TricountyNOVFeb2011.doc195 North 1050
West·
Salt Lake City, UTMailing Address: P.O. Box
144870'
Salt Lake City, UT 84114-4870Telephone (801)
536-4300'
Fax (801) 536-4301 • T.D.D. (801) 536-4414
www.deq.utah.gov
 
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Uintah County CommissionNOTICE OF VIOLATION AND147 E MainCOMPLIANCE ORDERVernal, UT 84078DOCKET NO.
Mll-03
A. STATUTORY AUTHORITY
This
NOTICE OF VIOLATION
and
COMPLIANCE
ORDER
(NOV/CO)
is issuedby the UTAH WATER QUALITY BOARD (the
BOARD)
under the Utah Water QualityAct, as amended, Utah Code Ann.
§§
19-5-101 to 19-5-123 (the
ACT),
including UtahCode Ann.
§§
19-5-104, 19-5-106, 19-5-111 and 19-5-115. This
NOV/CO
is also issuedin accordance with the Utah Administrative Procedures Act, Utah Code Ann.
§§
63G-4101 to 63G-4-601. The
BOARD
has delegated to the Executive Secretary
of
the
BOARD(EXECUTIVE SECRETARY)
authority to issue such
NOTICES AND ORDERS
inaccordance with 19-5-106(8)
of
the Utah Code.
B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS
1.
It
is unlawful for any person to discharge a pollutant into Waters
of
the state, unlessthe discharge is authorized by permit, Utah Code Ann.
§
19-5-107(1)(a). Waters
of
the state means "all 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, which arecontained within, flow through, or border upon this state or any portion
of
the state.",Utah Code Ann.
§
19-5-102(18)(a). See also Utah Admin. Code R 317-1-1.34.2.
It
is unlawful for any person to make any discharge not authorized under an existingvalid discharge permit, Utah Code Ann.
§
19-5-107(3)(a). See also Utah Admin.Code R317-1-2.13. It is unlawful for any person to discharge a pollutant into Waters
of
the state or tocause pollution which constitutes a menace to public health and welfare, or is harmfulto wildlife, fish or aquatic life, or impairs domestic, agricultural, industrial,recreational, or other beneficial uses
of
water".
It
is also unlawful "to place or causeto be placed any wastes in a location where there is probable cause to believe it willcause pollution, Utah Code Ann.
§
19-5-107(1)(a).4. Utah Admin. Code R 317-2-7.1 prohibits any person from discharging, or placing"...any wastes or other substances, in a manner that may interfere with water'sdesignated uses protected by assigned classes or to cause any
of
the applicablestandards to be violated...".

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