No. 30636 (New Rule): R317-14. Approval in Change in Point of Discharge of POTW

DAR File No.: 30636
Filed: 11/01/2007, 08:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being adopted to implement the requirements of H.B. 38 from the 2006 general legislative session. (DAR NOTE: H.B. 38 (2006) is found at Chapter 179, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

The proposed rule defines terms and adds administrative procedures for considering changes in the point of discharge from a publicly owned wastewater treatment plant.

State statutory or constitutional authorization for this rule:

Sections 19-5-105 and 19-5-104, and Title 73, Chapter 3c

Anticipated cost or savings to:

the state budget:

There may be some administrative costs incurred by the Division of Water Quality to review and consider point of discharge change applications. It is difficult to estimate the number of potential application as such requests are voluntary and made at the discretion of the publicly-owned wastewater treatment plant. However, we anticipate that the proposed rule can be implemented using existing resources.

local governments:

The proposed rule clarifies the process of considering changes in the point of discharge from a publicly-owned wastewater treatment plant. There might be a cost savings for public agencies requesting a change in point of discharge for conformance with a permit condition or to protect pubic health or the environment. This saving cannot be quantified as there are too many project-specific unknowns. No cost impacts are anticipated.

small businesses and persons other than businesses:

The proposed rule clarifies the process of considering changes in the point of discharge from a publicly-owned wastewater treatment plant. There might be a cost savings for public agencies (as defined by Section 11-13-103) requesting a change in point of discharge for conformance with a permit condition or to protect pubic health or the environment. This saving cannot be quantified as there are too many project-specific unknowns. No cost impacts are anticipated.

Compliance costs for affected persons:

No compliance cost impacts are anticipated. The proposed rule clarifies the process of considering changes in the point of discharge from a publicly owned wastewater treatment plant. This should streamline the process and result in a slight cost saving to public agencies (as defined by Section 11-13-103) pursuing a change in their point of discharge.

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

No fiscal impacts to businesses are anticipated. The proposed rule applies to public agencies (as defined by Section 11-13-103) who wish to pursue a change in their point of discharge. Rick Sprott, 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:

12/17/2007

This rule may become effective on:

12/24/2007

Authorized by:

Walter Baker, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-14. Approval of Change in Point of Discharge of POTW.

R317-14-1. Definitions.

1.1 "Executive Secretary" means the executive secretary of the Utah Water Quality Board.

1.2 "POTW" means a publicly owned treatment works as defined by Utah Code Annotated Section 19-5-102.

 

R317-14-2. Administrative Requirements.

2.1 General. This rule is issued for changes in point of discharge from a POTW.

2.2 Authority. This rule is issued pursuant to the provisions of Utah Code Annotated Section 73-3c-304.

2.3 Approval Required. A POTW shall apply to and receive approval from the Executive Secretary prior to any change in the point of discharge of water from the POTW. The Executive Secretary shall issue an approval if it is determined that the change is necessary:

A. for treatment purposes;

B. to enhance environmental quality;

C. to protect public health, safety, or welfare; or

D. to comply with rules of the Board or the POTW's discharge permit.

2.4 Before approving any change in the point of discharge from a POTW, the Executive Secretary shall consult with the State Engineer.

 

KEY: wastewater, POTW, discharge

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 19-5