No. 29186 (Amendment): R317-1-2. General Requirements

DAR File No.: 29186
Filed: 11/01/2006, 12:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment will provide a uniform and objective process for producers, state regulators, and government service agencies to determine the appropriate liner for any liquid waste storage facility at an animal feeding operation, regardless of the size of the animal feeding operation, by applying site-specific characteristics to Tables 2a, 2b, and 2c of the August 30, 2006, Natural Resource Conservation Service (NRCS) Conservation Practice Standard Waste Storage Facility Code 313.

Summary of the rule or change:

The proposed amendment incorporates into rule by reference Tables 2a, 2b, and 2c of the August 30, 2006, NRCS Conservation Practice Standard, Waste Storage Facility, Code 313. These tables will be used to determine the siting, investigation, and liner design for animal waste lagoons and runoff ponds based on the risk and vulnerability of ground water contamination using site-specific characteristics such as ground water quality class, soil type and permeability, and depth to ground water.

State statutory or constitutional authorization for this rule:

Section 19-5-104

This rule or change incorporates by reference the following material:

Tables 2a, 2b and 2c of Natural Resources Conservation Service Conservation Practice Standard Waste Storage Facility Code 313, August 30, 2006

Anticipated cost or savings to:

the state budget:

No impact to 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:

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. Technical oversight costs will only be incurred for liquid waste storage facilities at large animal feeding operations that require Division of Water Quality permits. 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 similar 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.

R317-1. Definitions and General Requirements.

R317-1-2. General Requirements.

2.1 Water Pollution Prohibited. No person shall discharge wastewater or deposit wastes or other substances in violation of the requirements of these regulations.

2.2 Construction Permit. No person shall make or construct any device for treatment or discharge of wastewater (including storm sewers), except to an existing sewer system, without first receiving a permit to do so from the Board or its authorized representative, except as provided in R317-1-2.5. Issuance of such permit shall be construed as approval of plans for the purposes of authorizing release of federal or state funds allocated for planning or construction purposes. Construction permits shall expire one year after date of issuance unless substantial and continuous construction is under way. Upon application, construction permits may be extended on an individual basis provided application for such extension is made prior to the permit expiration date.

2.3 Submission of Plans. Any person desiring a permit as required by R317-1-2.2, shall submit complete plans, specifications, and other pertinent documents covering the proposed construction to the Division for review. Liquid waste storage facilities at animal feeding operations must be designed and constructed in accordance with Table 2a - Criteria for Siting, Investigation, & Design of Liquid Waste Storage Facilities with a water depth greater than 2 feet; Table 2b - Criteria for Siting, Investigation, and Design of Liquid Waste Storage Facilities with a water depth of 2 feet or less; and Table 2c - Criteria for runoff ponds with a water depth of 2 feet of less and a storage period less than 90 days annually, contained in the U.S.D.A. Natural Resource Conservation Service (NRCS) Conservation Practice Standard, Waste Storage Facility, Code 313, dated August 2006. This rule incorporates by reference Tables 2a, 2b, and 2c in the August 2006 U.S.D.A. NRCS Conservation Practice Standard, Waste Storage Facility, Code 313.

2.4 Review of Plans. The Division shall review said plans and specifications as to their adequacy of design for the intended purpose and shall require such changes as are found necessary to assure compliance with pertinent parts of these regulations.

2.5 Exceptions.

A. Onsite Wastewater Disposal Systems. Construction plans and specifications for onsite wastewater disposal systems shall be submitted to the local health authority having jurisdiction and need not be submitted to the Division. Such devices, in any case, shall be constructed in accordance with regulations for onsite wastewater disposal systems adopted by the Water Quality Board. Compliance with the regulations shall be determined by an on-site inspection by the appropriate health authority.

B. Small Animal Waste (Manure) Lagoons and Runoff Ponds. Construction plans and specifications for small animal waste lagoons as defined in R317-6 (permitted by rule for ground water permits) need not be submitted to the Division if the design is prepared or certified by the U.S.D.A. Natural Resources Conservation Service (NRCS) in accordance with criteria provided for in the Memorandum of Agreement between the Division and the NRCS, and the construction is inspected by the NRCS. Compliance with these rules shall be determined by on-site inspection by the NRCS.

2.6 Compliance with Water Quality Standards. No person shall discharge wastes into waters of the state except in compliance with these regulations and under circumstances which assure compliance with water quality standards in R317-2.

2.7 Operation of Wastewater Treatment Works. Wastewater treatment works shall be so operated at all times as to produce effluents meeting all requirements of these regulations and otherwise in a manner consistent with adequate protection of public health and welfare. Complete daily records shall be kept of the operation of wastewater treatment works covered under R317-3 on forms approved by the Division and a copy of such records shall be forwarded to the Division at monthly intervals.

 

KEY: water pollution, waste disposal, industrial waste, effluent standards

Date of Enactment or Last Substantive Amendment: [August 22, 2005]2006

Notice of Continuation: October 7, 2002

Authorizing, and Implemented or Interpreted Law: 19-5