Utah Code
Utah Code § 19-5-107 (2026)
Discharge of pollutants unlawful -- Discharge permit required
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Except as provided in this chapter or rules made under it, it is unlawful for any person to discharge a pollutant into waters of the state or to cause pollution which constitutes a menace to public health and welfare, or is harmful to wildlife, fish, or aquatic life, or impairs domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or cause to be placed any waste in a location where there is probable cause to believe it will cause pollution.
For purposes of injunctive relief, any violation of this subsection is a public nuisance.
A person may not generate, store, treat, process, use, transport, dispose, or otherwise manage sewage sludge, except in compliance with this chapter and rules made under it.
For purposes of injunctive relief, any violation of this subsection is a public nuisance.
It is unlawful for any person, without first securing a permit from the director, to:
make any discharge or manage sewage sludge not authorized under an existing valid discharge permit; or
construct, install, modify, or operate any treatment works or part of any treatment works or any extension or addition to any treatment works, or construct, install, or operate any establishment or extension or modification of or addition to any treatment works, the operation of which would probably result in a discharge.
Amended by Chapter 281, 2018 General Session
Notes of Decisions
Cited in 2
cases, 1994–2014 · leading case: Erickson v. Sorensen, 877 P.2d 144 (Utah Ct. App. 1994).
Erickson v. Sorensen, 877 P.2d 144 (Utah Ct. App. 1994). “[9] This approach is consistent with the holding in Branch , which based its determination of nuisance per se on § 76-10-801 and what is now § 19-5-107. [10] The concurring opinion asserts that plaintiff "failed to identify [§ 27-12-141] or any other `law' which first makes…”
Living Rivers v. U.S. Oil Sands, Inc., 2014 UT 25, 344 P.3d 568. “Oil Sands to secure various permits, including a discharge permit from the DWQ, Utax Cop® § 19-5-107, and an operating permit issued by the Division of Oil, Gas & Mining (DOGM), id.”
Utah Code § 19-5-107(1)(a): 1 case
Living Rivers v. U.S. Oil Sands, Inc., 2014 UT 25, 344 P.3d 568. “Oil Sands to secure various permits, including a discharge permit from the DWQ, Utax Cop® § 19-5-107, and an operating permit issued by the Division of Oil, Gas & Mining (DOGM), id.”
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