No. 28317 (Amendment): R317-4. Onsite Wastewater Systems

DAR File No.: 28317
Filed: 11/01/2005, 04:49
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes are in direct response to issues brought before the Water Quality Board regarding installation of onsite wastewater systems in areas having physical constraints such as sloping ground or proximity to a gully, gulch, and dry wash. Additionally, the proposed rule addresses the issue of installation of a non-conforming system in replacement of a non-conforming system in existence prior to promulgation of onsite system rule. The proposed amendments provide a procedure which may be used by applicants that are unable to comply with the current rule, but have no other option for wastewater disposal.

 

Summary of the rule or change:

The proposed changes define a process and criteria for evaluating approval of a variance for installation of onsite wastewater systems in areas with physical constraints such as sloping ground or proximity to a gully, gulch, and dry wash. Additionally, the proposed rule addresses the issue of installation of a non-conforming system in replacement of a non-conforming system in existence prior to promulgation of onsite system rule. NOTE: The Water Quality Board has initiated two concurrent rulemaking actions on this issue. The two proposals are identical with the exception that at R317-4-4(4.7)(7-2)(A), the phrase "or is not practical" is either included or omitted from the sentence, "A wastewater system consistent with Rule R317-4 and local health department requirements cannot be constructed or is not practical, and a connection to a public or community-based sewerage system is not available." (DAR NOTE: The other proposed amendment to Rule R317-4 is under DAR No. 28316 in this issue and does contain the phrase.)

 

State statutory or constitutional authorization for this rule:

Section 19-5-104

 

Anticipated cost or savings to:

the state budget:

No impact to the state budget is anticipated. The rule applies to systems under the jurisdiction of local health departments.

 

local governments:

Local health departments may incur additional costs of review and inspection of variance requests. Any increased costs will likely be recouped through application fees.

 

other persons:

Application for a variance under the proposed amendments is voluntary. An applicant seeking a variance will require the expertise of a professional engineer or geologist to prepare an application package that contains all the required information. The professional services and investigations may cost upwards of $2,000 depending upon complexities of site, hydrology and hydrogeology. The proposed amendments provide a procedure which may be used by applicants that are unable to comply with the current rule, but have no other option for wastewater disposal. The ability to install an onsite wastewater system under a variance in an area where such a system was previously not approvable could significantly increase the value of such a property. Aggregate impacts are difficult to estimate as it is unknown how many individuals will seek a variance under this rule.

 

Compliance costs for affected persons:

Application for a variance under the proposed amendments is voluntary. An applicant seeking a variance under the proposed amendments will require the expertise of a professional engineer or geologist to prepare an application package that contains all the required information. The professional services and investigations may cost upwards of $2,000 depending upon complexities of site, hydrology and hydrogeology.

 

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

The proposed amendments provide a procedure which may be used by applicants that are unable to comply with the current rule, but have no other option for wastewater disposal. A business seeking a variance under the proposed amendments will require the expertise of a professional engineer or geologist to prepare an application package that contains all the required information. The professional services and investigations may cost upwards of $2,000 depending upon complexities of site, hydrology and hydrogeology. The ability to install an onsite wastewater system under a variance in an area where such a system was previously not approvable could significantly increase the value of such a property. Dianne R. Nielson, 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
Water Quality
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

 

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, 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:

12/15/2005

 

Interested persons may attend a public hearing regarding this rule:

12/06/2005 at 3:00 PM, Department of Environmental Quality Building #2; Room 101; 168 N. 1950 W. ; Salt Lake City, Utah

 

This rule may become effective on:

01/20/2006

 

Authorized by:

Walter Baker, Director

 

 

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-4. Onsite Wastewater Systems.

R317-4-4. Onsite Wastewater Systems Design Requirements.

 

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4.6. Replacement Area for Absorption System. Adequate and suitable land shall be reserved and kept free of permanent structures, traffic, or adverse soil modification for 100 percent replacement of each absorption system. If approved by the regulatory authority, the area between standard trenches or deep wall trenches may be regarded as replacement area.

4.7. Variance to Design Requirements

7.1. Requirements for which a variance may be approved.

An applicant may request a variance from onsite system design requirements, as specified in this section R317-4-4.7, in the following circumstances:

A. When site conditions do not allow a property owner to construct an onsite system so that the absorption bed or trench are separated from a dry wash, gully or gulch by a minimum distance of 50 feet as required under R317-4-4.3, Table 2; or,

B. When site conditions do not allow a property owner to construct an onsite system that complies with the slope and distance from slope requirements of R317-4-4.5; or,

C. When a property owner would like to construct a replacement system for an existing onsite system that was constructed legally and is being operated legally but is not in conformance with current requirements for separation of an absorption bed or trench from an ephemeral stream or a drinking water well (R317-4-4.3, Table 2).

7.2 Standards

A variance will not be approved unless the applicant demonstrates that all of the following conditions are met:

A. A wastewater system consistent with R317-4 and local health department requirements cannot be constructed and a connection to a public or community-based sewerage system is not available. This determination will be made in consultation with the local health department.

B. Wastewater from the proposed system will not contaminate ground water or surface water, and will not surface or move off site before it is adequately treated to protect public health and the environment.

C. No slope will fail, and there will be no other landslide or structural failure if the system is constructed and operated as proposed, even if all properties in the vicinity are developed with onsite wastewater systems.

D. Adjacent properties, including the current and reasonably anticipated uses of adjacent properties, will not be jeopardized if the proposed system is constructed and operated.

7.3 Procedure for requesting variance

A. A variance request shall be submitted to the Executive Secretary and to the local health department.

B. A variance request shall include the information and documentation described in R317-4-4.7.4.

C. The Executive Secretary may, with the approval of the Board, appoint an advisory committee to consider variance requests and make recommendations to the Executive Secretary. Any such advisory committee shall include at least one representative from a local health department. The Executive Secretary may refer any variance request to the variance advisory committee.

D. An applicant may request an advance determination about eligibility for a variance under R317-4-4.7.2(A) before the applicant submits a request that addresses the remaining requirements.

E. The Executive Secretary shall make a determination to approve or deny a variance request. That determination may be reviewed by the Board as provided in Section19-5-112, Utah Code Ann., and R317-9-3, Utah Administrative Code.

F. A local health department may not issue an approval or an operating permit for an onsite system that does not comply with all pertinent design requirements unless a variance has been approved; however a local health department is not required to issue an approval or operating permit based on the Executive Secretary's or Board's approval of a variance.

G. If approval of a variance is conditioned upon an applicant's commitment to record limiting conditions on the deed, the local health department may not issue an approval or operating permit for a system for which a variance has been approved until it confirms that condition has been fulfilled.

H. If approval of a variance is conditioned upon the local health department's oversight of the applicant's continuing compliance with specified conditions, the local health department may not issue an approval or operating permit for a system for which a variance has been approved until the applicant and the local health department have executed a written agreement regarding reimbursement of costs or any fees associated with that oversight.

I. All of the information required under R317-4-4.7.4, except the information required by R317-4-4.7.4(G) and (H), shall be submitted in a report by a professional engineer or, if appropriate, a professional geologist. An engineer or geologist who submits a report shall be licensed to practice in Utah and shall have sufficient experience and expertise to make the determinations in the report. Any such report shall include the engineer's or geologist's name and registration number, and a summary of qualifications. The report shall be imprinted with the engineer's or geologist's registration seal and signature.

7.4 Application requirements

The variance application shall include all information and documentation necessary to ensure that the standards in R317-4-4.7.2 will be met, including, as appropriate:

A. Information demonstrating that connection to a public or community-based sewerage system is not available, there is no other option for sewage disposal, and site conditions prevent construction or use of an onsite system that would be practical and in compliance with applicable legal requirements.

B. A detailed description of the proposed system, including engineering and reliability information, and information about its proposed location and a proposed replacement absorption bed or trench location, if necessary, to meet the requirements of R317-4-4.6.

C. A detailed characterization of current hydrological and hydrogeological conditions at the proposed site, and characterization of hydrological and hydrogeological conditions predicted for the site after the proposed system is in operation. The report shall include the following information with all supporting information, field investigations and explorations, as applicable:

1. A description of the tributary area;

2. Predictions, and supporting information, of ground water transport from the proposed system and of expected areas of ground water mounding if the system is operated as proposed in the application, including those in the tributary area;

3. Predictions, and supporting information, of the impact of runoff on disposal of wastewater;

4. Information about the rate of runoff for a 100-year storm and the time of concentration for a given tributary area;

5. Water surface profile throughout the area;

6. Analysis, for nitrate, chloride, and coliform group bacteria, of samples from the closest groundwater downgradient from any existing absorption system.

D. A stability analysis if the request is for a variance from slope requirements. The analysis shall include information about the geology of the site and surrounding area, soil exploration and testing.

E. An operation, maintenance and troubleshooting plan to keep the installed system operating as described in the application.

F. A contingency plan describing how a system that cannot meet the requirements of R317-4-4.7.2 will be replaced.

G. A signed statement from the applicant acknowledging that he or she will, after a 30 day period for correction, be required to cease use and occupancy of buildings associated with an onsite wastewater system that fails to meet the standards in R317-4-4.7.2, and that use and occupancy will be allowed again only after standards are met.

H. A proposal to record on the deed for the subject property a notice describing the system and an environmental easement, under the Environmental Institutional Control Act (Utah Code Ann. Sections 19-10-101 through -108), mandating any pertinent maintenance requirements or limiting conditions.

7.5 No violation of standards

No facility constructed pursuant to a variance shall violate the standards in R317-4-4.7.2.

 

R317-4-12. Design, Installation, and Maintenance of Sewage Holding Tanks.

12.1. Sewage Holding Tanks - Administrative Requirements.

A. Sewage holding tanks are permitted only under the following conditions:

1. Where an absorption system for an existing dwelling has failed and installation of a replacement absorption system is not practicable.

2. As a temporary (not to exceed one year) wastewater system for a new dwelling until a connection is made to an approved sewage collection system.

3. For other essential and unusual situations where both the Division and the local health department having jurisdiction concur that the proposed holding tank will be designed, installed and maintained in a manner which provides long-term protection of the waters of the state. Requests for the use of sewage holding tanks in this instance must receive the written approval of both agencies prior to the installation of such devices.

4. Requests for the use of sewage holding tanks [under subparagraphs A and B above] must receive the written approval of the local health department prior to the installation of such devices.[

B. Except on those lots recorded and approved for sewage holding tanks prior to May 21, 1984, sewage holding tanks are not permitted for use in new housing subdivisions, or commercial, institutional, and recreational developments except in those instances where these devices are part of a specific watershed protection program acceptable to the Division and the local health department having jurisdiction.]

[C]B. The design, installation, and maintenance of all sewage holding tanks, except those for recreational and liquid waste pumper vehicles, must comply with the following:

12.2. General Requirements.

A. No sewage holding tank shall be installed and used unless plans and specifications covering its design and construction have been submitted to and approved by the appropriate regulatory authority.

B. A statement must be submitted by the owner indicating that in the event his sewage holding tank is approved, he will enter into a contract with an acceptable liquid waste pumping company, or make other arrangements meeting the approval of the regulatory authority having jurisdiction, that the tank will be pumped periodically, at regular intervals or as needed, and that the wastewater contents will be disposed of in a manner and at a facility meeting approval of those regulatory authorities.

C. If authorization is necessary for disposal of sewage at certain facilities, evidence of such authorization must be submitted for review.

12.3. Basic Plan Information Required. Plan information for each sewage holding tank, except those in recreational and liquid waste pumper vehicles, shall comply with the following criteria:

A. Location or complete address of dwelling to be served by sewage holding tank and the name, current address, and telephone number of the person who will own the proposed sewage holding tank.

B. A plot or site plan showing:

1. direction of north,

2. number of bedrooms,

3. location and liquid capacity of sewage holding tank,

4. source and location of domestic water supply,

5. location of water service line and building sewer, and

6. location of streams, ditches, watercourses, ponds, etc., near property.

C. Plan detail of sewage holding tank and high sewage level warning device.

D. Relative elevations of:

1. building floor drain,

2. building sewer,

3. invert of inlet for tank,

4. lowest plumbing fixture or drain in building served, and

5. the maximum liquid level of the tank.

E. Statement indicating the present and maximum anticipated ground water table.

F. Liquid waste pumping arrangements for sewage holding tank.

12.4. Construction.

A. The tank shall be constructed of sound and durable material not subject to excessive corrosion and decay and designed to withstand hydrostatic and external loads. All sewage holding tanks shall comply with the manufacturing materials and construction requirements specified for septic tanks.

B. Construction of the tank shall be such as to assure water tightness and to prevent the entrance of rainwater, surface drainage or ground water. All prefabricated or precast sewage holding tanks which are commercially manufactured shall be plainly, legibly, and permanently marked or stamped on the exterior at the inlet end and within six inches of the top of the wall, with the name and address or nationally registered trademark of the manufacturer and the liquid capacity of the tank in gallons.

C. Tanks shall be provided with a maintenance access manhole at the ground surface or above and of at least 18 inches in diameter. Access covers shall have adequate handles and shall be designed and constructed in such a manner that they cannot pass through the access opening, and when closed will be child-proof and prevent entrance of surface water, dirt, or other foreign material, and seal the odorous gases in the tank.

D. A high water warning device shall be installed on each tank to indicate when it is within 75 percent of being full. This device shall be either an audible or a visual alarm. If the latter, it shall be conspicuously mounted. All wiring and mechanical parts of such devices shall be corrosion resistant and all conduit passage ways through the tank top or walls shall be water and vapor tight.

E. No overflow, vent, or other opening shall be provided in the tank other than those described above.

F. The regulatory authority may require that sewage holding tanks be filled with water and allowed to stand overnight to check for leaks. Tanks exhibiting obvious defects or leaks shall not be approved unless such deficiencies are repaired to the satisfaction of the regulatory authority.

G. The slope of the building sewer shall comply with R317-4-6.

12.5. Capacity. Each tank shall be large enough to hold a minimum of seven days sewage flow or 1,000 gallons, whichever is larger. The liquid capacity of the sewage holding tank should be based on sewage flows for the type of dwelling or facility being served (Table 3) and on the desired time period between each pumping. The length of time between pumpings may be increased by careful water management, low volume plumbing fixtures, etc.

12.6. Location. Sewage holding tanks must be located:

A. In an area readily accessible to the pump truck in any type of weather that is likely to occur during the period of use.

B. In accordance with the requirements for septic tanks as specified in Table 2.

C. Where it will not tend to float out of the ground due to a high ground water table or a saturated soil condition, since it will be empty or only partially full most of the time. In areas where the ground water table may be high enough to float the tank out of the ground when empty or partially full, adequate ground anchoring procedures shall be provided.

12.7. Operation and Maintenance.

A. Sewage holding tanks shall be pumped periodically, at regular intervals or as needed, and the wastewater contents shall be disposed of in a manner and at a facility meeting the approval of the appropriate regulatory authority.

B. Sewage holding tanks for seasonal dwellings should be pumped out before each winter season to prevent freezing and possible rupture of the tank.

C. A record of pumping dates, amounts pumped, and ultimate disposal sites should be maintained by the owner and made available to the appropriate regulatory authorities upon request.

D. Sewage holding tanks shall be checked at frequent intervals by the owner or occupant and if leakage is detected it shall be immediately reported to the local health authority. Repairs or replacements shall be conducted under the direction of the local health authority. Major increases in the time of pumpings without significant changes in water usage could indicate leakage of the tanks.

E. Improper location, construction, operation, or maintenance of a particular holding tank may result in appropriate legal action against the owner by the regulatory authority having jurisdiction.

 

KEY: waste water, onsite wastewater systems, alternative onsite wastewater systems, septic tanks

[January 30, 2003]2006

Notice of Continuation February 10, 2005

19-5-104