RAPID/Roadmap/14-UT-e

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Utah Groundwater Quality Protection Permit (14-UT-e)

Information current as of 2022
In Utah, a geothermal developer may need a groundwater quality protection permit from the Utah Department of Environmental Quality (DEQ) to construct a facility that may harm the groundwater quality of Utah. Utah Admin. Code r. 317-6. The Utah Department of Environmental Quality regulates discharges from facilities or activities with the potential to impact groundwater quality under Utah Admin. Code r. 317-6-6.1. The DEQ may require a developer to obtain a Groundwater Quality Protection Permit for construction of a new facility or modification of an existing facility if the facility:
  • Discharges waste to land;
  • Uses a waste storage pit, pile, landfill, or dump;
  • Includes a liquid waste storage facility for large animal feed operations;
  • Includes a heap leach facility for extracting minerals
  • Includes a wastewater pit, pond or lagoon; or
  • Includes a process water pond or impound.



Groundwater Quality Protection Permit Process


14-UT-e.1 to 14-UT-e.2 – Does the Activity Qualify for Permit by Rule

Utah Admin. Code r. 317-6-6.2 provides a list of facilities and activities that the DEQ permits by rule and does not require the developer to obtain a permit before constructing or modifying.

14-UT-e.3 – Hold Pre-design Discussions with Developer

The developer meets with the DEQ’s Groundwater Protection staff to discuss the permit requirements, possible design options, and the level of detail needed in the permit application. See the DEQ Groundwater Permitting Guidebook, pages 4-5.

14-UT-e.4 – Groundwater Quality Protection Permit Application

The developer must submit a Groundwater Quality Protection Permit Application to the DEQ. The application must include:

  • Name and address of the developer/applicant and owner of the facility;
  • Legal location of the facility by county, quarter-quarter section, township, and range;
  • Name and type of facility;
  • A plat map showing all water wells and the status of each of the wells, water bodies/springs, drainages, water source protection zones, topography, and man-made structures within a one-mile radius of the discharge;
  • Geologic, hydrologic, and agricultural description of the area within a one-mile radius of the point of discharge;
  • Type of discharge;
  • Information showing that the discharge can be controlled and will not migrate into or adversely affect the water quality;
  • Current groundwater quality (if previously not classified by the DEQ);
  • Proposed Sampling and analysis monitoring plan;
  • Construction, modification, or operation plans;
  • Compliance sampling plan;
  • Description of flooding potential from the discharge;
  • Contingency Plan for regaining and maintaining compliance with the permit limits;
  • Methods and procedures for facility inspection; and
  • Other information required by the DEQ Executive Secretary.

See Utah Admin. Code r. 317-6-6.3.

14-UT-e.5 to 14-UT-e.6 – Review Application Materials for Completeness

The DEQ reviews the application materials for completeness and accepts the application if complete. See the DEQ Groundwater Permitting Guidebook, page 5.

14-UT-e.7 – Draft Groundwater Quality Protection Permit

The DEQ prepares a Draft Groundwater Quality Protection Permit. The draft permit includes the terms and conditions for operating the facility, including the established groundwater protection levels for the permit. See the DEQ Groundwater Permitting Guidebook, page 7.

14-UT-e.8 – Publish Notice of Intent to Approve and Allow for Comment

The DEQ Executive Secretary must publish a notice of intent to approve the application in a newspaper within the affected area. See Utah Admin. Code r. 317-6-6.5; DEQ Groundwater Permitting Guidebook, page 7.

14-UT-e.9 – Comment on Draft Permit

Interested persons receive a thirty day period to submit comments to the DEQ Water Quality Board on the Draft Groundwater Discharge Permit. See Utah Admin. Code r. 317-6-6.5; DEQ Groundwater Permitting Guidebook, page 7.

14-UT-e.10 – Review and Evaluate Public Comments

The DEQ Water Quality Board reviews and evaluates the comments from interested persons. See the DEQ Groundwater Permitting Guidebook, page 7.

14-UT-e.11 – Modify Draft Permit (If Applicable)

The DEQ Water Quality Board modifies the draft permit if necessary after reviewing the comments (using the regulations as a guideline). See the DEQ Groundwater Permitting Guidebook, page 7.

14-UT-e.12 – Groundwater Quality Protection Permit

The DEQ Executive Secretary may issue a Groundwater Quality Protection Permit for a new facility if:

  • The developer/applicant demonstrates that the applicable class TDS limits, groundwater quality standards protection levels and permit limits established under Utah Admin. Code r. 317-6-6.4E will be met;
  • The monitoring plan, sampling and reporting requires are adequate to determine compliance;
  • The developer/applicant is using best available control technology (which the Department interprets to mean treatment and discharge minimization technology commensurate with plant process design capability that is similar or equivalent to that utilized by facilities with similar production process technology) to minimize the discharge of any pollutant; and
  • The facility will not cause impairment to present and future beneficial uses of groundwater.

See Utah Admin. Code r. 317-6-6.4(A)

Additionally, under certain circumstances in Utah Admin. Code r. 317-6-6.4(B) and (D) the Water Quality Board may provide alternative limits to those required for Executive Secretary approval.


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