(1) (a) Except as provided in Subsections (2) and (3), no rule that the board makes for the purpose of the state administering a program under the federal Clean Water Act or the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations. (b) In making rules, the board may incorporate by reference corresponding federal regulations. (c) Any rule of the board is subject to Section 63G-3-502. (2) (a) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if the board makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state. (b) Except as described in Subsection (4), a municipal system authority may not make requirements for permits that are more stringent than corresponding federal regulations for the purpose described in Subsection (1), unless the municipal system authority makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state. (c) The board or a municipal system authority that makes a written finding described in Subsection (2)(a) or (2)(b) shall include a finding referring to and evaluating the public health and environmental information and studies contained in the record that forms the basis for the board's or municipal system authority's finding described in Subsection (2)(a) or (2)(b). (3) The board may make rules related to agriculture water more stringent than the corresponding federal regulations if the commission approves the rules being more stringent than the corresponding federal regulations. (4) The Department of Transportation may make requirements more stringent than corresponding federal regulations when acting under a consent decree related to the administration of the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251, et seq.
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