R657-60-9. Control Plan Required

  (1) The controlling entity of a water body, facility, or water supply system may develop and implement a control plan in cooperation with the division prior to infestation designed to:

  (a) avoid the infestation of Dreissena mussels; and

  (b) control or eradicate an infestation of Dreissena mussels that might occur in the future.

  (2) A pre-infestation control plan developed consistent with the requirements in Subsection (3) and approved by the division will eliminate or minimize the duration and impact of a closure order issued pursuant to Section 23-27-303 and R657-60-8.

  (3) If a water body, facility, or water supply system within the state is classified as infested, detected, or suspected, and it does not have an approved control plan, the controlling entity shall cooperate with the division in developing and implementing a control plan to address the:

  (a) scope and extent of the presence of Dreissena mussels;

  (b) actions proposed to control the pathways of spread of Dreissena mussels;

  (c) actions proposed to control the spread or eradicate the presence of Dreissena mussels;

  (d) methods to decontaminate the water body, facility, or water supply system, if possible;

  (e) actions required to systematically monitor the presence of Dreissena mussels; and

  (f) requirements and methods to update and revise the plan with scientific advances.

  (4) All control plans prepared pursuant to Subsection (3) shall be approved by the Division before implementation.

  (5) A control plan prepared pursuant to this Section may require that all conveyances and equipment entering or leaving the subject water to comply with the decontamination requirements in R657-60-2(2)(b) and R657-60-5.

  (6) Except as authorized by the Division and the controlling entity in writing, a person may not violate any provision of a control plan.