No. 29185 (Amendment): R317-6-6. Implementation

DAR File No.: 29185
Filed: 11/01/2006, 12:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment will clarify that a ground water discharge permit is required for any new or modified existing liquid waste storage facility for a large animal feeding operation not permitted by rule under Subsection R317-6-6(6.2). The rule also clarifies that the permit applicant must comply with the requirements of Section R317-1-2 for submitting plans and specifications and obtaining a construction permit, including the new Natural Resource Conservation Service (NRCS) liner criteria tables proposed in a concurrent rulemaking action for Section R317-1-2. This amendment is intended to remove previous confusion and misunderstandings by agricultural producers regarding the permit requirements for large animal feeding operations with liquid water handling systems. (DAR NOTE: The proposed amendment to Section R317-1-2 is under DAR No. 29186 in this issue, November 15, 2006, of the Bulletin.)

Summary of the rule or change:

The proposed amendment states that no person shall construct, install, or operate any new liquid waste storage facility or modify an existing or new liquid waste storage facility for a large animal feeding operation not permitted by rule under Section R317-6-6.2, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, without a ground water discharge permit from the Executive Secretary. A ground water discharge permit application should be submitted at least 180 days before the permit is needed and the applicant must comply with the requirements of Section R317-1-2 for submitting plans and specifications and obtaining a construction permit.

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 amendment may benefit the Division of Water Quality (DWQ) by reducing the number of permits that must be issued directly as a result of NRCS providing direct oversight of liner design and construction for small agricultural operations.

local governments:

No impact to local government budgets is anticipated because the proposed amendments do not apply to that sector.

other persons:

Individual producers with small animal feeding operations will have a cost benefit by having the option of NRCS oversight instead of DWQ oversight. NRCS does not charge fees for services while DWQ oversight fees are $70 per hour for design review and approval, construction permit preparation, and construction inspections.

Compliance costs for affected persons:

Based on cost evaluation and analysis by the agricultural stakeholder best available technology work group, there may be small additional costs for a producer if a synthetic liner is required instead of a clay liner. However, on the other hand, if a suitable onsite clay source is not available, the costs of importing clay will be higher than the cost and installation of a synthetic liner. Therefore, the costs of installing a clay liner versus a synthetic liner are comparable and should not represent a significant compliance cost for the permit applicant.

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

This amendment will provide a fiscal benefit to small agricultural producers by empowering NRCS to provide conservation assistance for animal waste lagoons and runoff ponds instead of fee-based permitting and technical oversight by DWQ. In addition, research by the stakeholder work group demonstrated that the costs are comparable for constructing either a clay or synthetic liner. 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:

12/15/2006

This rule may become effective on:

01/19/2007

Authorized by:

Walter Baker, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-6. Ground Water Quality Protection.

R317-6-6. Implementation.

6.1 DUTY TO APPLY FOR A GROUND WATER DISCHARGE PERMIT

A. No person may construct, install, or operate any new facility or modify an existing or new facility, not permitted by rule under R317-6-6.2, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, including, but not limited to land application of wastes; waste storage pits; waste storage piles; landfills and dumps; large feedlots; mining, milling and metallurgical operations, including heap leach facilities; and pits, ponds, and lagoons whether lined or not, without a ground water discharge permit from the Executive Secretary. A ground water discharge permit application should be submitted at least 180 days before the permit is needed.

B. All persons who constructed, modified, installed, or operated any existing facility, not permitted by rule under R317-6-6.2, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, including, but not limited to: land application of wastes; waste storage pits; waste storage piles; landfills and dumps; large feedlots; mining, milling and metallurgical operations, including heap leach facilities; and pits, ponds, and lagoons whether lined or not, must have submitted a notification of the nature and location of the discharge to the Executive Secretary before February 10, 1990 and must submit an application for a ground water discharge permit within one year after receipt of written notice from the Executive Secretary that a ground water discharge permit is required.

C. No person may construct, install, or operate any new liquid waste storage facility or modify an existing or new liquid waste storage facility for a large animal feeding operation not permitted by rule under R317-6-6.2A.17, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, without a ground water discharge permit from the Executive Secretary. A ground water discharge permit application should be submitted at least 180 days before the permit is needed and the applicant must comply with the requirements of R317-1-2 for submitting plans and specifications and obtaining a construction permit.

 

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KEY: water quality, ground water

Date of Enactment or Last Substantive Amendment: [August 20, 2004]2006

Notice of Continuation: October 17, 2002

Authorizing, and Implemented or Interpreted Law: 19-5