No. 32808 (Amendment): R309-110. Administration: Definitions

DAR File No.: 32808
Filed: 07/09/2009, 04:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is to address the changes required by the Groundwater Requirements (Section R309-215-16). There are a total of seven amendments that address these rules (Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309-225). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendment to Rule R309-100 is under DAR No. 32806, to Rule R309-105 is under DAR No. 32807, to Rule R309-110 is under DAR No. 32808, to Rule R309-205 is under DAR No. 32810, to Rule R309-215 is under DAR No. 32812, to Rule R309-220 is under DAR No. 32813, and to Rule R309-225 is under DAR No. 32814 all in this issue, August 1, 2009, of the Bulletin.)

Summary of the rule or change:

This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address the definition of significant deficiencies.

State statutory or constitutional authorization for this rule:

Section 19-4-104, and 40 CFR 141 subpart S

Anticipated cost or savings to:

the state budget:

Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000.

local governments:

For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually.

small businesses and persons other than businesses:

Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.

Compliance costs for affected persons:

Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.

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

The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting 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 Water
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, 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:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

Ken Bousfield, Director

RULE TEXT

R309. Environmental Quality, Drinking Water.

R309-110. Administration: Definitions.

R309-110-2. 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 of the Utah Code and in accordance with [63-46a]63G-3 of the same, known as the Administrative Rulemaking Act.

 

R309-110-4. Definitions.

As used in R309:

"Action Level" means the concentration of lead or copper in drinking water tap samples (0.015 mg/l for lead and 1.3 mg/l for copper) which determines, in some cases, the corrosion treatment, public education and lead line replacement requirements that a water system is required to complete.

 

. . . . . . .

 

"Safe Yield" means the annual quantity of water that can be taken from a source of supply over a period of years without depleting the source beyond its ability to be replenished naturally in "wet years".

"Sanitary Seal" means a cap that prevents contaminants from entering a well through the top of the casing.

"scfm/sf" means standard cubic foot per minute per square foot and is one way of expressing flowrate of air at standard density through a filter or duct area.

"Secondary Disinfection" means the adding of an acceptable secondary disinfectant to assure that the quality of the water is maintained throughout the distribution system. The effectiveness is measured by maintaining detectable disinfectant residuals throughout the distribution system. Acceptable secondary disinfectants are chlorine, chloramine, and chlorine dioxide.

"Secondary Maximum Contaminant Level" means the advisable maximum level of contaminant in water which is delivered to any user of a public water system.

"Secretary to the Subcommittee" means that individual appointed by the Executive Secretary to conduct the business of the Subcommittee.

"Sedimentation" means a process for removal of solids before filtration by gravity or separation.

"Semi-Developed Camp" means a campground accessible by any type of vehicular traffic. Facilities are provided for both protection of site and comfort of users. Roads, trails and campsites are defined and basic facilities (water, flush toilets and/or vault toilets, tables, fireplaces or tent pads) are provided. These camps include but are not limited to National Forest campgrounds, Bureau of Reclamation campgrounds, and youth camps.

"Service Connection" means the constructed conveyance by which a dwelling, commercial or industrial establishment, or other water user obtains water from the supplier's distribution system. Multiple dwelling units such as condominiums or apartments, shall be considered to have a single service connection, if fed by a single line, for the purpose of microbiological repeat sampling; but shall be evaluated by the supplier as multiple "equivalent residential connections" for the purpose of source and storage capacities.

"Service Factor" means a rating on a motor to indicate an increased horsepower capacity beyond nominal nameplate capacity for occasional overload conditions.

"Service line sample" means a one-liter sample of water collected in accordance with R309-210-6(3)(b)(iii), that has been standing for at least 6 hours in a service line.

"Significant deficiencies" means defects in design, operation, or maintenance, or a failure or defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Executive Secretary determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

"Single family structure" for the purposes of R309-210-6 only, means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

"Small water system" means a public water system that serves 3,300 persons or fewer.

"Specialist" means a person who has successfully passed the written certification exam and meets the required experience, but who is not in direct employment with a Utah public drinking water system.

"Stabilized drawdown" means that there is less than 0.5 foot of change in water level measurements in a pumped well for a minimum period of six hours.

"Standard sample" means the aliquot of finished drinking water that is examined for the presence of coliform bacteria.

"SOCs" means synthetic organic chemicals.

"Stabilized Drawdown" means the drawdown measurements taken during a constant-rate yield and drawdown test as outlined in subsection R309-515-14(10)(b) are constant (no change).

"Stock Tight" means a type of fence that can prevent the passage of grazing livestock through its boundary. An example of such fencing is provided by design drawing 02838-3 titled "Cattle Exclosure" designed by the U.S. Department of the Interior, Bureau of Land Management, Division of Technical Services (copies available from the Division).

"Subcommittee" means the Cross Connection Control Subcommittee.

"Supplier of water" means any person who owns or operates a public water system.

"Surface Water" means all water which is open to the atmosphere and subject to surface runoff (see also section R309-515-5(1)). This includes conveyances such as ditches, canals and aqueducts, as well as natural features.

"Surface Water Systems" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to filtration and disinfection (Federal SWTR subpart H) and the requirements of R309-215 "Monitoring and Water Quality: Treatment Plant Monitoring Requirements."

"Surface Water Systems (Large)" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to filtration and disinfection and serve a population of 10,000 or greater (Federal SWTR subpart P and L) and the requirements of R309-215 "Monitoring and Water Quality: Treatment Plant Monitoring Requirements."

"Surface Water Systems (Small)" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to filtration and disinfection and serve a population less than 10,000 (Federal SWTR subpart L, T and P (sanitary survey requirements)) and the requirements of R309-215 "Monitoring and Water Quality: Treatment Plant Monitoring Requirements."

"Susceptibility" means the potential for a PWS (as determined at the point immediately preceding treatment, or if no treatment is provided, at the entry point to the distribution system) to draw water contaminated above a demonstrated background water quality concentration through any overland or subsurface pathway. Such pathways may include cracks or fissures in or open areas of the surface water intake, and/or the wellhead, and/or the pipe/conveyance between the intake and the water distribution system or treatment.

 

. . . . . . .

 

KEY: drinking water, definitions

Date of Enactment or Last Substantive Amendment: [May 12, ]2009

Notice of Continuation: May 16, 2005

Authorizing, and Implemented or Interpreted Law: 19-4-104; [63-46b-4]63G-4-202