No. 35240 (Amendment): Section R309-105-14. Operational Reports

(Amendment)

DAR File No.: 35240
Filed: 09/15/2011 04:21:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment authorizes the Executive Secretary to order an operational report for a water system that is not properly operated.

Summary of the rule or change:

Insertion of language in the section that gives the Executive Secretary the authority to order an operational report for non-compliant systems, and determine if submitted operational reports are satisfactory.

State statutory or constitutional authorization for this rule:

• Section 19-4-104
• Section 63G-4-202

Anticipated cost or savings to:

the state budget:

The Division does not anticipate any cost or savings because the change will not affect compliance actions or training requirements for staff or for public water systems.

local governments:

The Division does not anticipate any cost or savings because the change will not affect compliance actions or training requirements for staff or for public water systems.

small businesses:

The Division does not anticipate any cost or savings because the change will not affect compliance actions or training requirements for staff or for public water systems.

persons other than small businesses, businesses, or local governmental entities:

The Division does not anticipate any cost or savings because the change will not affect compliance actions or training requirements for staff or for public water systems.

Compliance costs for affected persons:

The change will not affect compliance cost because operational reports are already required for applicable public water systems.

Comments by the department head on the fiscal impact the rule may have on businesses:

It is the opinion of the Department of Environmental Quality that this change will have no impact on business.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Drinking WaterRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Patti Fauver at the above address, by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at [e-mail]
• J.J. Trussell at the above address, by phone at 801-536-4198, by FAX at 801-536-4211, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

Ken Bousfield, Director

RULE TEXT

R309. Environmental Quality, Drinking Water.

R309-105. Administration: General Responsibilities of Public Water Systems.

R309-105-14. Operational Reports.

(1) Written Operational Reports.

(a) If, in the opinion of the Executive Secretary, a water system is not properly operated, the Executive Secretary may require a public water system to submit a written operational report covering the operation of the whole or a part of the water system's infrastructure.

(b) The Executive Secretary may require revisions to the submitted operational report to ensure satisfactory operation, and may order the water system to follow the operational report.

(c) If the water system fails to implement the provisions of the operational report, as evidenced by unsatisfactory delivery of a safe and/or reliable supply of drinking water, the Executive Secretary may order further remedies as deemed necessary.

[(1)](2) Treatment techniques for acrylamide and epichlorohydrin.

(a) Each public water system shall certify annually in writing to the Executive Secretary (using third party or manufacturer's certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified in R309-215-8(2)(c).

(b) Certifications may rely on manufacturer 's data.

[(2)](3)(a) All water systems using chemical addition or specialized equipment for the treatment of drinking water shall regularly complete operational reports. This information shall be evaluated to confirm that the treatment process is being done properly, resulting in successful treatment.

(b) The information to be provided, and the frequency at which it is to be gathered and reported, will be determined by the Executive Secretary.

 

KEY: drinking water, watershed management

Date of Enactment or Last Substantive Amendment: [September 24, 2009]2011

Notice of Continuation: March 22, 2010

Authorizing, and Implemented or Interpreted Law: 19-4-104; 63G-4-202

 

---