23-27-303 - Closing a water body, facility, or water supply system.
23-27-303. Closing a water body, facility, or water supply system.
(1) Except as provided by Subsection (6), if the division detects or suspects a Dreissenamussel is present in a water body, a facility, or a water supply system, the director or thedirector's designee may, with the concurrence of the executive director, order:
(a) the water body, facility, or water supply system closed to a conveyance or equipment;
(b) restricted access by a conveyance or equipment to a water body, facility, or watersupply system; or
(c) a conveyance or equipment that is removed from or introduced to the water body,facility, or water supply system to be inspected, quarantined, or decontaminated in a manner andfor a duration necessary to detect and prevent the infestation of a Dreissena mussel.
(2) If a closure authorized by Subsection (1) lasts longer than seven days, the divisionshall:
(a) provide a written update to the operator of the water body, facility, or water supplysystem every 10 days on the division's effort to address the Dreissena infestation; and
(b) post the update on the division's website.
(3) (a) The board shall develop procedures to ensure proper notification of a state,federal, or local agency that is affected by a Dreissena mussel infestation.
(b) The notification shall include:
(i) the reasons for the closure, quarantine, or restriction; and
(ii) methods for providing updated information to the agency.
(4) When deciding the scope, duration, level, and type of restriction or a quarantine orclosure location, the director shall consult with the person with the jurisdiction, control, ormanagement responsibility over the water body, facility, or water supply system to avoid orminimize disruption of economic and recreational activity.
(5) (a) A person that operates a water supply system shall cooperate with the division toimplement a measure to:
(i) avoid infestation by a Dreissena mussel; and
(ii) control or eradicate a Dreissena mussel infestation that may occur in a water supplysystem.
(b) (i) If a Dreissena mussel is detected, the water supply system's operator, incooperation with the division, shall prepare and implement a plan to control or eradicate aDreissena mussel within the water supply system.
(ii) A plan required by Subsection (5)(b)(i) shall include a:
(A) method for determining the scope and extent of the infestation;
(B) method to control or eradicate the Dreissena mussel;
(C) method to decontaminate the water supply system containing the Dreissena mussel;
(D) systematic monitoring program to determine a change in the infestation; and
(E) requirement to update or revise the plan in conformity with a scientific advance inthe method of controlling or eradicating a Dreissena mussel.
(6) (a) The division may not close or quarantine a water supply system if the operator hasprepared and implemented a plan to control or eradicate a Dreissena mussel in accordance withSubsection (5).
(b) (i) The division may require the operator to update a plan.
(ii) If the operator fails to update or revise a plan, the division may close or quarantinethe water supply system in accordance with this section.
Enacted by Chapter 284, 2008 General Session