Utah Admin. Code R930-9-4 - Connections to Drainage Systems, Permitting, Fees
(1) The Department has the authority to
require compensation from a local government or property owner to connect to
drainage systems located within Department right-of-way.
(2) The Department may recover the costs of
managing a local government or property owners' connection to drainage systems
located within Department right-of-way.
(3) The Department may issue and require the
local government or property owner to obtain a permit to connect to a drainage
system located within Department right-of-way. The primary purpose of the
drainage system is for the management of stormwater runoff from the
Department's right-of-way. Drainage flows from offsite areas must not exceed
the capacity of the drainage system or interfere with the Department's ability
to use its drainage system. The Department has the discretion to deny requested
connections to its drainage systems. If the application is complete and a
connection is permitted, the Department will either enter into an agreement
with the local government or the property owner shall sign the Department's
drainage agreement.
(4)
(a) The local government or property owner
will be responsible for all costs associated with clean-up necessary or any
imposed fines or penalties due to non-stormwater discharges into the
Department's drainage system regardless if a connection has been
permitted.
(b) If the local
government or property owner fails to take measures to prevent non-stormwater
discharges, the Department will require the connection to be removed from the
Department's drainage system.
(5) The Department may require the local
government or property owner seeking to connect to a Department drainage system
to provide a surety bond sufficient to protect the Department from harm to its
drainage system caused in whole or part by work performed on or substances
discharging from a local government's system.
(6) The Department may adopt a fee schedule
that indicates required dollar amounts for surety bonds required of various
types of utility services or for property owners seeking permits to connect to
a Department drainage system.
(7)
The Department may adopt a fee schedule covering connection, permit, and
management fees it charges local governments and property owners and will make
it publicly available.
(8) Fees
collected by the Department under this rule shall be deposited with the state
treasurer and credited to the Transportation Fund.
Notes
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