Utah Construction Stormwater and Erosion Control (Utah Code 19-5-107)

Utah Code 19-5-107 makes it unlawful to discharge a pollutant into waters of the state, or to make any discharge, without first securing a permit from the director. Sediment-laden stormwater from construction is such a discharge, so the Utah Division of Water Quality, part of the Department of Environmental Quality, requires operators disturbing one acre or more, including smaller lots inside a larger common plan of development, to obtain the UPDES Construction General Permit and implement a Storm Water Pollution Prevention Plan with erosion and sediment controls before soil is disturbed. The Water Quality Board sets the rules, and each discharge permit runs for a fixed term not exceeding five years.

Discharging construction stormwater without a permit, or violating permit conditions, carries a civil penalty not to exceed $10,000 per day of violation under Utah Code 19-5-115, plus possible stop-construction orders and criminal fines up to $25,000 per day for negligent discharges.