19-4-106. Director -- Appointment -- Authority -- Duties.

457 words·~2 min read·/ut/title-19/chapter-4/19-4-106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director.

(2)The director shall:

(a)develop programs to promote and protect the quality of the public drinking water supplies of the state;

(b)advise, consult, and cooperate with other agencies of this and other states, the federal government, and with other groups, political subdivisions, and industries in furtherance of the purpose of this chapter;

(c)review plans, specifications, and other data pertinent to proposed or expanded water supply systems to ensure proper design and construction;

(d)ensure that a community water system has an emergency response plan that meets the requirements described in Subsection 19-4-117(2) ;

(e)subject to this chapter, enforce rules made by the board through the issuance of orders that may be subsequently revoked, which orders may require:

(i)discontinuance of use of unsatisfactory sources of drinking water;

(ii)suppliers to notify the public concerning the need to boil water; or

(iii)suppliers in accordance with existing rules, to take remedial actions necessary to protect or improve an existing water system; and

(f)as authorized by the board and subject to this chapter, act as executive secretary of the board under the direction of the chair of the board.

(3)The director may authorize employees or agents of the department, after reasonable notice and presentation of credentials, to enter any part of a public water system at reasonable times to inspect the facilities and water quality records required by board rules, conduct sanitary surveys, take samples, and investigate the standard of operation and service delivered by public water systems.

(4)As provided in this chapter and in accordance with rules made by the board, the director may:

(a)issue and enforce a notice of violation and an administrative order; and

(b)assess and make a demand for payment of an administrative penalty arising from a violation of this chapter, a rule or order issued under the authority of this chapter, or the terms of a permit or other administrative authorization issued under the authority of this chapter.

(5)If the director brings a civil action under Subsection 19-4-109(8) that may result in a court order for a receivership or divestment described in Subsection 19-4-109(8)(c) , the director shall report the status of the civil action to:

(a)if the Legislature is not in session, the chairs of the Natural Resources, Agriculture, and Environment Interim Committee; or

(b)if the Legislature is in session, the chair of the House Natural Resources, Agriculture, and Environment Committee and the chair of the Senate Natural Resources, Agriculture, and Environment Committee.

Amended by Chapter 16 , 2026 General Session