R657-60-8. Closure Order for a Water Body, Facility, or Water Supply System

  (1)(a) The division may classify a water body, facility, or water supply system as suspected or detected if it meets the minimum criteria for suspected or detected, as defined in this rule.

  (b) If the division classifies a water body, facility, or water supply system as either suspected or detected, the division director or designee may, with the concurrence of the executive director, issue an order closing the water body, facility, or water supply system to the introduction or removal of conveyances or equipment.

  (c) The director shall consult with the controlling entity of the water body, facility, or water supply system when determining the scope, duration, level and type of closure that will be imposed in order to avoid or minimize disruption of economic and recreational activities.

  (d) A closure order may;

  (i) close the water entirely to conveyances and equipment;

  (ii) authorize the introduction and removal of conveyances and equipment subject to the decontamination requirements in R657-60-2(2)(b) and R657-60-5; or

  (iii) impose any other condition or restriction necessary to prevent the movement of Dreissena mussels into or out of the subject water.

  (iv) a closure order may not restrict the flow of water without the approval of the controlling entity.

  (2)(a) A closure order issued pursuant to Subsection (1) shall be in writing and identify the:

  (i) water body, facility, or water supply system subject to the closure order;

  (ii) nature and scope of the closure or restrictions;

  (iii) reasons for the closure or restrictions;

  (iv) conditions upon which the order may be terminated or modified; and

  (v) sources for receiving updated information on the presence of Dreissena mussels and closure order.

  (b) The closure order shall be mailed, electronically transmitted, or hand delivered to:

  (i) the controlling entity of the water body, facility, or water supply system;

  and

  (ii) any governmental agency or private entity known to have economic, political, or recreational interests significantly impacted by the closure order; and

  (iii) any person or entity requesting a copy of the order.

  (c) The closure order or its substance shall further be:

  (i) posted on the division's web page; and

  (ii) published in a newspaper of general circulation in the state of Utah or the affected area.

  (3)(a) If a closure order lasts longer than seven days, the division shall provide the controlling entity and post on its web page a written update every 10 days on its efforts to address the Dreissena mussel infestation.

  (b) The 10 day update notice cycle will continue for the duration of the closure order.

  (4)(a) Notwithstanding the closure authority in Subsection (1), the division may not unilaterally close or restrict a suspected or detected water supply system where the controlling entity has prepared and implemented a control plan in cooperation with the division that effectively controls the spread of Dreissena mussels from the water supply system.

  (b) The control plan shall comply with the requirements in R657-60-9.

  (5) Except as authorized by the Division in writing, a person may not violate any provision of a closure order.

  (6) A closure order or control plan shall remain effective so long as the water body, water supply system, or facility remains classified as suspected or detected.

  (7) The director or his designee may remove a Suspected classification if:

  (a) the division samples the affected water body for three (3) consecutive years without a single sampling event producing evidence sufficient to satisfy the criteria for a "suspected" classification, as defined in this rule; or

  (b) the controlling entity eradicates all Dreissena mussels at the water body, facility, or water supply system through chemical or biological treatments, desiccation, or freezing, and the division verifies that Dreissena mussels are no longer present.

  (8) The director or his designee may remove a detected classification if:

  (a) the division samples the affected water body for five (5) consecutive years without a single sampling event producing evidence sufficient to satisfy the criteria for a "suspected" classification, as defined in this rule; or

  (b) the controlling entity eradicates all Dreissena mussels at the water body, facility, or water supply system through chemical or biological treatments, desiccation, or freezing, and the division verifies that Dreissena mussels are no longer present.