No. 39076 (Amendment): Rule R309-500. Facility Design and Operation:Plan Review, Operation and Maintenance Requirements

(Amendment)

DAR File No.: 39076
Filed: 01/14/2015 03:56:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Engineering Section of the Division of Drinking Water was tasked to review the Drinking Water R309-500 series rules for revisions, clarifications, corrections, updates, etc.

Summary of the rule or change:

The proposed amendments to Rule R309-500 correct grammar, spelling, punctuation, and capitalization. The text is revised for improved clarity and accuracy. Inaccurate references are corrected and unnecessary and repetitive references are deleted. The rule format is revised for ease of reading and to make references to specific requirements easier to cite. Rule requirements are revised to reflect actual practice related to Plan Approval, Plan Submittal Waivers, and Operating Permits for public water systems. Substantive changes to Rule R309-500 include the following: 1) in Subsection R309-500-4(1)(a), add the requirement that for documents related to plan approval "all submittals shall be from the public water system or its agent"; 2) in Subsection R309-500-5(1)(c)(iii), add "a change or addition of a water treatment process" as an example of a public drinking water project; 3) in Subsection R309-500-5(1)(c)(v), add "deepening a well" as an example of a public drinking water project; 4) in Subsection R309-500-6(1), delete the list of information required to be included on a project notification form and state simply that project notification to be made on a form provided by the Division; 5) in Subsection R309-500-6(2)(b), add the following examples as information that may be required to be submitted to the Division prior to construction: "hydraulic analyses of the existing system and additions, local requirements for fire flow and duration, proximity of sewers and other utilities."; 6) in Subsection R309-500-6(2)(c), replace the requirement that plans and specifications "be sufficiently detailed to assure that the project shall be properly constructed" with the requirement that they "be complete and sufficiently detailed for actual construction."; 7) in Subsection R309-500-6(2)(b), add that "in some cases, a profile drawing may be required to show potential water line conflicts and clearances" as part of plans submitted for review; 8) in Subsection R309-500-6(2)(d), delete the size restriction on plans submitted for review; 9) in Subsection R309-600-6(3), the Plan Submittal Waiver provision is entirely rewritten. The waiver program remains largely the same with two exceptions: 1) Pressure Reducing Valves are no longer excluded from waivers, and 2) projects that qualify for Plan Submittal Waivers no longer require Operating Permits. In place of obtaining an Operating Permit, the following is required: "submit a certification by a professional engineer, who is responsible for the design and construction of the project or has been designated by the water system in writing as the professional engineer directly responsible for the design of the entire water system, indicating that design and construction will meet the requirements of Rules R309-500 through R309-550, that proper flushing and disinfection will be completed according to the appropriate ANSI/AWWA standard, that satisfactory bacteriological sampler results will be obtained prior to placing the facilities into service, and that the water system will receive a copy of as-built or record drawings."; 10) in Section R309-500-7, add the "Department of Environmental Quality" to the list of agencies authorized to visit drinking water construction sites; 11) in Section R309-500-10, specify that as part of the drinking water plan approval process, public water systems may be required to provide evidence that the methods of "waste and wastewater disposal have been approved or accepted by the Utah Division of Water Quality, the local health agency, or the local authority for new drinking water facilities, including discharges from treatment facilities, discharges related to construction, etc., and new drinking water facilities serving proposed developments."; 12) in Section R309-500-11, the Financial Viability section is deleted in its entirety; 13) in Section R309-500-12, add more expansive language concerning other permits that may be required prior to beginning construction or placing new facilities into service; 14) in Section R309-500-14, the Reference Documents section is deleted in its entirety; and 15) in Section R309-500-15, the Violations of These Rules section is deleted in its entirety.

State statutory or constitutional authorization for this rule:

• Title 19, Chapter 4
• Subsection 104(1)(a)(ii)

Anticipated cost or savings to:

the state budget:

The proposed amendments to Rule R309-500 are not expected to result in a change in the workload of the Division of Drinking Water and should have no effect on the state budget.

local governments:

Local governments that own and operate public water systems will be affected by the proposed amendments to Rule R309-500. However, the proposed amendments are not expected to result in increased costs and could possibly result in savings for local governments that own and operate public water systems and obtain Plan Submittal Waivers because amendments to the waiver program reduce compliance costs.

small businesses:

Small businesses that own and operate public water systems will be affected by the proposed amendments to Rule R309-500. However, the proposed amendments are not expected to result in new costs or savings for the types of water systems owned and operated by small businesses.

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

Owners, operators, and customers of public water systems are persons directly or indirectly affected by Rule R309-500. Because the proposed amendments to Rule R309-500 are not expected to result in increased costs to public water systems, there should be no new costs for any of these persons because of the proposed amendments.

Compliance costs for affected persons:

Plan review, operation, and maintenance costs for public water systems are not expected to change because of the proposed amendments to Rule R309-500. Public water systems eligible to use Plan Submittal Waivers are expected to see slightly lower costs associated with the use of the waivers due to reduced compliance costs.

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

This proposed rule amendment will have no negative fiscal impact on businesses. The changes will not have a significant effect on public water systems and will clarify plan review, operation, and maintenance requirements as they pertain to public water systems.

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:

• Bernie Clark at the above address, by phone at 801-536-0092, by FAX at , 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:

03/03/2015

This rule may become effective on:

03/10/2015

Authorized by:

Ken Bousfield, Director

RULE TEXT

R309. Environmental Quality, Drinking Water.

R309-500. Facility Design and Operation: Plan Review, Operation and Maintenance Requirements.

R309-500-1. Purpose.

The purpose of this rule is to describe plan review procedures and requirements, clarify projects requiring review, and inspection requirements for drinking water projects. It is intended to be applied in conjunction with rules R309-500 through R309-550. Collectively, these rules govern the design, construction, operation and maintenance of public drinking water system facilities. These rules are intended to assure that such facilities are reliably capable of supplying adequate quantities of water which consistently meet applicable drinking water quality requirements and do not pose a threat to [general ]public health.

 

R309-500-2. Authority.

This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104(1)(a)(ii) of the Utah Code and in accordance with Title 63G, Chapter 3 of the same, known as the Administrative Rulemaking Act.

 

R309-500-3. Definitions.

Definitions for certain terms used in this rule are given in R309-110 but may be further clarified herein.

 

R309-500-4. General.

(1) Construction [and Operation ]of New Facilities and Modification of Existing Facilities.

(a)  [As authorized in 19-4-106(3) of the Utah Code, the Director may review p]Plans, specifications, and other data pertinent to [proposed or expanded water supply systems to insure proper design and construction]new facilities, or existing facilities of public drinking water systems not previously reviewed, shall be submitted to the Director for review for conformance with rules R309-500 through R309-550. All submittals shall be from the public water system or its agent.

[Plans and specifications and a business plan as required by R309-800-5, along with a completed project notification form, shall be submitted to the Director for any new water systems or previously un-reviewed water systems unless acceptable data can be presented that the proposed or existing water system will not become a "public water system" as defined in 19-4-102 of the Utah Code or in R309-110.

Construction of new facilities for public water systems or existing facilities of previously un-reviewed public drinking water systems shall conform to rules R309-500 through R309-550; the "Facility Design and Operation" rules. There may be times in which the requirements of the Facility Design and Operation rules are not appropriate. Thus, the Director may grant an "exception" to the Facility Design and Operation rules if it can be shown that the granting of such an exception will not jeopardize the public health.

](b) The Director has the authority to grant an exception to R309-500 through R309-550 per R309-105-6(2)(b).

(c) Construction of a public drinking water project shall not begin until complete plans and specifications have [been approved in writing]received Plan Approval or a Plan Submittal Waiver has been issued by the Director[ unless waivers have been issued as allowed by R309-500-6(3). This approval shall be referred to as the Plan Approval].

(d)  [Furthermore, n]No new public drinking water facility shall be put into operation until the Director has issued an Operating Permit or a Plan Submittal Waiver[written approval to do so has been given by the Director or this requirement waived. This approval is referred to as the Operating Permit].

(2) Minimum Quantity and Quality Requirements for Existing Facilities.

All existing public drinking water systems shall be capable of reliably delivering water [which]that meets[ the minimum] current [standard of ]drinking water minimum quantity and quality requirements. The Director may require modification of existing systems in accordance with R309-500 through R309-550 when such modifications are needed to reliably achieve minimum quantity and quality requirements.

(3) Operation and Maintenance[ of Existing Facilities].

Public drinking water system facilities shall be operated and maintained in a manner [which]that protects[ the] public health. As a minimum, [the ]operation and maintenance procedures [of]described in R309-500 through R309-550 shall be [adhered to]met.

 

R309-500-5. Public Drinking Water Project.

(1) Definition.

A public drinking water project, requiring [the ]submittal of a [p]Project [n]Notification [f]Form [along with]and plans and specifications, is any of the following:

(a) [The c]Construction of any facility for a proposed drinking water system[ (see 19-4-106(3) of the Utah Code or R309-500-4(1) above describing the authority of the Director)].

(b) Any addition to, or modification of, the facilities of an existing public drinking water system [which]that may affect the quality or quantity of water delivered.

(c) Any activity, other than on-going operation and maintenance procedures, [which]that may affect the quality or quantity of water delivered by an existing public drinking water system. Such activities may include:

(i) the interior re-coating or re-lining of any raw or drinking water storage tank, or water storage chamber within any treatment facility,

(ii) the ["]in-situ["] re-lining of any pipeline,

(iii) a change or addition of [any primary coagulant]a water treatment [chemical (excluding filter, flocculent or coagulant aids) when the proposed chemical does not appear on a list of chemicals pre-approved by the Director for a specific treatment facility]process,[and]

(iv) the re-development of any spring or well source, [or]and

(v) replacement of a well pump with one of different capacity or deepening a well.

(2) On-going Operation and Maintenance Procedures.

On-going operation and maintenance procedures are not considered public drinking water projects and, accordingly, are not subject to the project notification, plan approval and operating permit requirements of this rule. However, these activities shall be carried out in accordance with all [operation and maintenance ]requirements contained in R309-500 through R309-550 and specifically the design, construction, disinfection, flushing and bacteriological sampling and testing requirements [of ANSI/AWWA C651-05 for pipelines, ANSI/AWWA C652-02 for storage facilities, and ANSI/AWWA C654-03 for wells ]before [they]the facilities are placed back into service. The following activities are considered to be on-going operation and maintenance procedures:

(a) pipeline leak repair,

(b) replacement of existing deteriorated pipeline where the new pipeline segment is the same size as the old pipeline or the new segment is upgraded to meet the minimum pipeline sizes required by R309-550-5(4) or larger sizes as determined by a hydraulic analysis in accordance with R309-550-5(3),

(c) tapping existing water mains with corporation stops so as to make connection to new service laterals to individual structures,

(d) distribution pipeline additions where the pipeline size is the same as the main supplying the addition or the pipeline addition meets the minimum pipeline sizes required by R309-550-5(4) or larger sizes as determined by a hydraulic analysis in accordance with R309-550-5(3), the length is less than 500 feet and contiguous segments of new pipe total less than 1000 feet in any fiscal year,

(e) entry into a drinking water storage facility for the purposes of inspection, cleaning and maintenance, and

(f) replacement of equipment or pipeline appurtenances with the same type, size and rated capacity (fire hydrants, valves, pressure regulators, meters, service laterals, chemical feeders and booster pumps including deep well pumps).

 

R309-500-6. Plan Approval Procedure.

(1) Project Notification.

The Division shall be notified prior to the construction of any "public drinking water project" as defined in R309-500-5(1) above. The notification may be prior to or simultaneous with submission of construction plans and specifications as required by R309-500-6(2) below. Notification shall be made [by the management of the regulated public water system ]on a form provided by the Division.[  Information required by this form shall be determined by the Division and may include:

(a) whether the project is for a new or existing public drinking water system,

(b) the professional engineer, registered in the State of Utah, designing the project and his/her experience designing public drinking water projects within the state,

(c) the individual(s) who will be inspecting the project during construction and whether such inspection will be full-time or part time,

(d) whether required approvals or permits from other governmental agencies (e.g. local planning commissions, building inspectors, Utah Division of Water Rights) are awaiting approval by the Director, the agency's name and contact person,

(e) the fire marshal, fire district or other entity having legal authority to specify requirements for fire suppression in the project area,

(f) for community and non-transient non-community public water systems or any public water system treating surface water, the name of the certified operator who is, or will be, in direct responsible charge of the water system,

(g) whether the water system has a registered professional engineer employed, appointed or designated as being directly responsible for the entire system design and his or her name and whether the system is requesting waiving of plan submittal under conditions of R309-500-6 (3),

(h) the anticipated construction schedule, and

(i) a description of the type of legal entity responsible for the water system (i.e. corporation, political subdivision, mutual ownership, individual ownership, etc.) and the status of the entity with respect to the rules of the Utah Public Service Commission.]

(2) Pre-Construction Requirements.

All of the following shall be accomplished before construction of any public drinking water project [commences]begins:

(a) [Contract documents, p]Plans and specifications for a public drinking water project shall be submitted to the Division at least 30 days prior to the date on which action is desired[ unless the system is eligible for and has requested waiving of plan submittal].

(b) [Any s]Submittals required [shall]may include engineering reports, [pipe network ]hydraulic analyses of the existing system and additions, local requirements for fire flow and duration, proximity of sewers and other utilities, water consumption data, supporting information, evidence of rights-of-way and reference to any previously submitted master plans pertinent to the project, [along with ]a description of a program for keeping existing water works facilities in operation during construction so as to minimize interruption of service, etc.

([b]c) [Plans and specifications shall be prepared for every anticipated public water system project. The design utilized shall conform to the requirements of R309-500 through R309-550. Furthermore, the p]Plans and specifications submitted shall be complete and sufficiently detailed [to assure that the project shall be properly constructed]for actual construction. [Drawings shall be compatible with Division's document storage and microfilming practice.]In some cases, a profile drawing may be required to show potential water line conflicts and clearances.

(d) Drawings [which]that are illegible or of unusual size [shall]will not be accepted for review.[ Drawing size shall not exceed 30" x 42" nor be less than 8-1/2" x 11".]

([c]e) The plans and specifications shall be stamped and signed by a licensed professional engineer [in accordance with]as required by Section 58-22-602(2) of the Utah Code.

([d]f) [Plans and specifications shall be reviewed for conformance with R309-500 through R309-550. No work shall commence on a public water system project until a plan approval has been issued by the Director unless conditions outlined in R309-500-6(3) are met and waiving of plan submittal has been requested. ]If construction or the ordering of substantial equipment has not commenced within one year, a renewal of the Plan Approval shall be obtained prior to proceeding with construction.

[(e) If, in the judgment of the Director, alternate designs or specific solutions can protect the public health to the same or greater extent as achieved in R309-500 through R309-550, the Director may grant an exception thereto (see the third paragraph of R309-500-4(1)).

(f) Novel equipment or treatment techniques may be developed which are not specifically addressed by these rules. These may be accepted by the Director if it can be shown that:

(i) the technique will produce water meeting the requirements of R309-200 of these rules,

(ii) the Director has determined that it will protect public health to the same extent provided by comparable treatment processes outlined in these rules, and

(iii) the Director has determined the technique is as reliable as any comparable treatment process outlined is these rules.

(3) Waiving of Plan Submittal Requirement.

With identification of a professional engineer, as indicated below, on a project notification form the plan submittal requirement may be waived for certain projects. In these instances, in lieu of plans and specifications, a "certification of rule conformance" shall be submitted along with the additional information required for an operating permit (see R309-500-9), signed by the professional engineer identified to Director in (b) or, if the system has not employed, appointed, or designated such, the registered professional engineer who prepared the items in (a). Projects eligible for this waiving of plan submittal are:

(a) distribution system improvements (excluding pressure reducing valve stations and in-line booster pump stations) which conform to a "master plan" previously reviewed and approved by the Director and installed in accordance with the system's standard installation drawings, also previously reviewed and approved by the Director, or

(b) distribution system improvements consisting solely of pipelines and pipeline appurtenances (excluding pressure reducing valve stations and in-line booster pump stations);

(i) less than or equal to 4 inches in diameter in water systems (without fire hydrants) serving solely a residential population less than 3,300;

(ii) less than or equal to 8 inches in diameter in water systems (with fire hydrants) providing water for mixed use (commercial, industrial, agricultural and/or residential) to a population less than 3,300;

(iii) less than or equal to 12 inches in diameter in water systems(with fire hydrants) providing water for mixed use to a population between 3,300 and 50,000;

(iv) less than or equal to 16 inches in diameter in water systems (with fire hydrants) providing water for mixed use to a population greater than 50,000.

Additionally, the above systems in (b) shall employ, appoint or designate a registered professional engineer who is directly responsible for the entire public water system design and identify this individual to the Director as well as have standard installation drawings previously reviewed and approved by the Director before being eligible for waiving of plan submittal requirements.

](3) Eligibility for Plan Submittal Waivers.

In lieu of submitting plans and specifications for Plan Approval and obtaining Operating Permits, public water systems may request Plan Submittal Waivers for two types of water line projects (excluding booster pump stations) after first becoming eligible to request the waivers. The Director will issue written notification that a public water system is eligible to request the Plan Submittal Waivers described in R309-500-6(3)(a) and (3)(b) if the information provided is acceptable.

(a) Water Line Projects Included in an Approved Master Plan. To become eligible to request this type of waiver, a public water system must submit standard installation drawings, which meet the requirements in R309-550, and a master plan, which is supported by a hydraulic analysis, to the Director for approval.

(b) Water Line Projects Included in (i) through (iii) below. To become eligible to request this type of waiver, a public water system must submit standard installation drawings, which meet the requirements in R309-550, and identify in writing the professional engineer or engineers responsible for the oversight of the hydraulic analysis for and the design of the entire water system to the Director for approval.

(i) Water lines less than or equal to 8 inches in diameter in water systems providing water to a population less than 3,300;

(ii) Water lines less than or equal to 12 inches in diameter in water systems providing water to a population between 3,300 and 50,000; or

(iii) Water lines less than or equal to 16 inches in diameter in water systems providing water to a population greater than 50,000.

(4) Using Plan Submittal Waivers.

After becoming eligible to request Plan Submittal Waivers per R309-500-6(3), a public water system must complete the following when requesting a Plan Submittal Waiver for a water line project:

(a) Submit a complete Project Notification Form describing the project and specifying which Plan Submittal Waiver, R309-500-6(3)(a) or R309-500-6(3)(b), is being requested;

(b) For projects that will have a hydraulic impact, submit a certification of hydraulic analysis by a professional engineer per R309-511-6(1) indicating that the design will not result in unacceptable pressure and flow conditions (including fire flow if fire hydrants are installed);

(c) Submit a certification by a professional engineer, who is responsible for the design and construction of the project or has been designated by the water system in writing as the professional engineer directly responsible for the design of the entire water system, indicating that design and construction will meet the requirements of R309-500 through 550, that proper flushing and disinfection will be completed according to the appropriate ANSI/AWWA standard, that satisfactory bacteriological sample results will be obtained prior to placing the facilities into service, and that the water system will receive a copy of as-built or record drawings;

(d) Obtain a written Plan Submittal Waiver, in lieu of Plan Approval, from the Director prior to the start of construction; and

(e) Comply with the conditions in R309-500-6(4)(c) prior to placing the new facilities into service.

 

R309-500-7. Inspection [D]during Construction.

Staff from the Division, [or]the Department of Environmental Quality, or the [appropriate ]local health department, after reasonable notice and presentation of credentials , may make visits to the work site to assure compliance with these rules.

 

R309-500-8. Change Orders.

Any deviations from approved plans or specifications affecting capacity, hydraulic conditions, operating units, the functioning of water treatment processes, or the quality of water to be delivered, shall be reported to the Director. [If deemed appropriate, t]The Director may require that revised plans and specifications be submitted for review. [R]If required, revised plans or specifications shall be submitted to the Division in time to permit the review and Director's approval of such plans or specifications before any construction work, which will be affected by such changes, is begun.

 

R309-500-9. [Issuance of ]Operating Permit.

The Division shall be informed when a public drinking water project, or a well-defined phase thereof, is at or near completion. The new or modified facility shall not be [used]placed into service until an ["]Operating Permit["] or a Plan Submittal Waiver is issued[, in writing,] by the Director. [This p]The Operating Permit [shall]will not be issued until all of the following items are submitted and found to be acceptable for all projects . [with the exception of d]Distribution lines (not including in-line booster pump stations[or pressure reducing stations]), [which ]may be placed into service prior to submittal of all items if the professional engineer responsible for the entire system, as identified to the Director, has received items (1) and (4):

(1) [a statement from a registered]Certification of Rule Conformance by a professional engineer that all conditions of Plan Approval were accomplished [("certification of rule conformance")]and if applicable, changes made during construction were in conformance with rules R309-500 through 550,

(2) as-built or ["]record["] drawings incorporating all changes to approved plans and specifications[;], unless no changes are made from previously submitted and approved plans during construction,

(3) confirmation that a copy of the as-built or ["]record["] drawings has been received by the water system owner,

(4) evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA Standard,

(5) where appropriate, water quality data ,

[(6) a statement from the Engineer indicating what changes to the project were necessary during construction, and certification that all of these changes were in conformance with these rules ("certification of rule conformance"),

] ([7]6) all other documentation which may have been required during the plan review process, and

([8]7) confirmation that the water system owner has been provided with an Operation and Maintenance manual for the new facility if applicable.

 

R309-500-10. [Adequacy of]Waste and Wastewater Disposal.

[P]Approval of plans and specifications [for new water systems, or facilities required as a result of proposed subdivision additions to existing water systems, shall only be approved if] may require evidence showing that the method[(]s[)] of waste and wastewater disposal [in the affected area ]have been approved or accepted[, or been determined to be feasible,] by the [Director of the ]Utah Division of Water Quality , [or ]the [appropriate ]local health agency, or the local authority for[.]:

(1) new drinking water facilities, including discharges from treatment facilities, discharges related to construction, etc., and

(2) new drinking water facilities serving proposed developments.

 

[R309-500-11. Financial Viability.

Owners of new or existing water systems are encouraged to develop realistic financial strategies for recouping the costs of constructing and operating their systems. Plans for water system facilities shall not be approved when it is obvious that public health will eventually be threatened because the anticipated usage of the system will not generate sufficient funds to insure proper operation and maintenance of the system (see also R309-352-5).

 

]R309-500-[12]11. Fee Schedule.

The Division may charge a fee [for]related to the review of plans and specifications. A fee schedule is available from the Division.

 

R309-500-[13]12. Other Permits.

[Local, county or other state permits may also be necessary before beginning construction of any drinking water project.]Local, county, federal, and other state authorities may impose different, more stringent, or additional requirements for public drinking water projects. Water systems may be required to comply with other permitting requirements before beginning construction of drinking water projects or placing new facilities into service.

 

[R309-500-14. Reference Documents.

All references made in R309-500 through R309-550 are available for inspection at the Division's office.

 

R309-500-15. Violations of These Rules.

Violations of rule contained in R309-500 through R309-550 are subject to the provisions of the Utah Safe Drinking Water Act (Title 19, Chapter 4 Section 109 of the Utah Code) and may be subject to fines and penalties.

 

]KEY: drinking water, plan review, operation and maintenance requirements, permits

Date of Enactment or Last Substantive Amendment: [August 28, 2013]2015

Notice of Continuation: March 22, 2010

Authorizing, and Implemented or Interpreted Law: 19-4-104

 

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