No. 29370 (Amendment): R309-100. Administration: Drinking Water Program

DAR File No.: 29370
Filed: 12/26/2006, 01:06
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

NOTE: This rule change supersedes the rule amendment under DAR No. 29304 published in the December 15, 2006, issue of the Bulletin. This rule change is to update rule references, the exemption language and to incorporate the Drinking Water Board's desire that new public drinking water systems created to serve new residential subdivisions be sponsored by a body politic or political subdivision of the state.

Summary of the rule or change:

The proposed amendment adds subsections (f)(i) and (f)(ii) under Subsection R309-100-4(1) requiring that any new public drinking water system categorized as a community water system or a public water system serving water to multiple property owners no matter how the system is categorized shall be under the sponsorship of a body politic as defined in Section R309-110-4; and that existing privately-owned public drinking water systems which propose to expand their service to new subdivisions shall comply with Subsection R309-100-4(f)(i) before the Division will approve any plans and specifications for expanded service facilities or pipelines. The rule change also clarifies the exemption and variance compliance schedule timing and update the rule reference from Rule R309-150 to Rule R309-400.

State statutory or constitutional authorization for this rule:

Section 19-4-104

Anticipated cost or savings to:

the state budget:

None--No additional cost or budget will be required for the Division to administer this proposed amendment as the Division's existing rules apply to public water systems without regard to ownership.

local governments:

Some--Local county commissions will be petitioned by developers of new public drinking water systems constructed to serve potable water to new residential community subdivisions and perhaps some existing privately-owned systems to form a "body politic" for such and there are costs to be considered which may alter the county's tax base somewhat.

other persons:

Developers of new subdivisions may be moved to seek service from existing public drinking water districts rather than go through the process of petitioning for a body politic, but this should be beneficial to all customers of an existing district by increasing the customer base and therefore, reducing the cost per customer to cover maintenance and service.

Compliance costs for affected persons:

Existing privately-owned public water systems will see no impact if they continue to serve only those lots (vacant or built-out) within their platted subdivision. It is only when they choose to extend outside those boundaries that they will be required to be sponsored by a body politic.

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

The department agrees that the proposed changes to this rule will have little to no detrimental impact on existing water systems nor on new public water systems. 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
Drinking Water
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Patti Fauver or Bill Birkes at the above address, by phone at 801-536-4196 or 801-536-4201, by FAX at 801-536-4211 or 801-536-4211, or by Internet E-mail at [e-mail] or [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:

02/14/2007

This rule may become effective on:

03/02/2007

Authorized by:

Ken Bousfield, Acting Director

RULE TEXT

R309. Environmental Quality, Drinking Water.

R309-100. Administration: Drinking Water Program.

R309-100-4. General.

These rules shall apply to all public drinking water systems within the State of Utah.

(1) A public drinking water system is a system, either publicly or privately owned, providing water for human consumption and other domestic uses, which:

(a) Has at least 15 service connections, or

(b) Serves an average of at least 25 individuals daily at least 60 days out of the year.

(c) A ratio of 3.13 persons per connection shall be used to calculate the population served unless more accurate information is available. The ratio is based on the statewide average persons per residence in the 2000 census. Therefore, notwithstanding the above stated threshold for the number of service connections, a drinking water system consisting of at least 8 service connections shall be deemed to serve 25 people and consequently be classified as a public drinking water system. This ratio shall only be used to determine whether any particular water system is considered a public water system. Any person or entity may challenge this provision by submitting documentation to the Executive Secretary showing that the drinking water system, upon complete build out, falls below both thresholds listed in (a) and (b) above. All decisions made by the Executive Secretary may be appealed to the Drinking Water Board.

(d) Submetered Properties.

(i) Submetered Properties means a billing process by which a property owner (or association of property owners, in the case of co-ops or condominiums) bills tenants based on metered total water use; the property owner is then responsible for payment of a water bill from a public water system.

(ii) A property owner who installs submeters to track usage of water by tenants on his or her property shall not be subject to these rules solely as a result of taking the administrative act of submetering and billing.

(iii) Owners of submetered properties shall receive all their water from a regulated public water system to qualify under the terms of R309-105-5 for exemption from monitoring requirements, except as to the selling of water.

(iv) This is not intended to exempt systems where the property in question has a large distribution system (piping in excess of 500 feet in length and sized larger than the normal service lateral based on a fixture unit analysis) serves a large population or serves a mixed (commercial/residential) population (e.g. many military installations/facilities or large mobile home parks or P.U.D's) from regulation as a public drinking water system as pertains to notifying the Division of the persons indicated below in (3) or plan review of modifications or changes to their systems (refer to R309-500).

(e) The term public drinking water system includes collection, treatment, storage or distribution facilities under control of the operator and used primarily in connection with the system. Additionally, the term includes collection, pretreatment or storage facilities used primarily in connection with the system but not under such control (see 19-4-102 of the Utah Code Annotated). All public water systems are further categorized into three different types, community water (CWS), non-transient non-community water (NTNCWS), and transient non-community water (TNCWS).

(f) Management and Control of Community and Certain Non-Community Public Drinking Water Systems.

(i) Beginning January 1, 2007 any new public drinking water system categorized as a community water system or a public water system serving water to multiple property owners no matter how the system is categorized shall be under the sponsorship of a body politic as defined in R309-110-4.

(ii) Existing privately owned public drinking water systems which propose to expand their service to new subdivisions shall comply with R309-100-4(1)(f)(i) before the Division will approve any plans and specifications for expanded service facilities or pipelines.

(2) Categories of Public Drinking Water Systems

Public drinking water systems are divided into three categories, as follows:

(a) "Community water system" means a public drinking water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(b) "Non-transient, non-community water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same nonresident persons over six months per year. Examples of such systems are those serving the same individuals (industrial workers, school children, church members) by means of a separate system.

(c) "Transient non-community water system" (TNCWS) means a non-community public water system that does not serve 25 of the same nonresident persons per day for more than six months per year. Examples of such systems are those, RV park, diner or convenience store where the permanent nonresident staff number less than 25, but the number of people served exceeds 25.

(d) The distinctions between "Community", "Non-transient, non-community", and Transient Non-community water systems are important with respect to monitoring and water quality requirements.

(3) Responsibility

(a) All public drinking water systems must have a person or organization designated as the owner of the system. The name, address and phone number of this person or organization shall be supplied, in writing, to the Board.

(b) The name of the person to be contacted on issues concerning the operation and maintenance of the system shall also be provided, in writing, to the Board.

 

R309-100-8. Rating System.

The Executive Secretary shall assign a rating to each public water supply in order to provide a concise indication of its condition and performance. The criteria to be used for determining a water system's rating shall be as set forth in R309-400.[R309-150.]

 

R309-100-10. Variances.

(1) Variances to the requirements of R309-200 of these rules may be granted by the Board to water systems which, because of characteristics of their raw water sources, cannot meet the required maximum contaminant levels despite the application of best technology and treatment techniques available (taking costs into consideration).

(2) The variance will be granted only if doing so will not result in an unreasonable risk to health.

(3) No variance from the maximum contaminant level for total coliforms is[are] permitted.

(4) No variance from the minimum filtration and disinfection requirements of R309-525 and R309-530 will be permitted for sources classified by the Executive Secretary as directly influenced by surface water.

(5)[(6)] At the time[Within one year of the date] any variance is granted, the Board shall prescribe a schedule by which the water system will come into compliance with the maximum contaminant level in question. The requirements of Section 1415 of the Federal Safe Drinking Water Act, PL 104-182, are hereby incorporated by reference. The Board shall provide notice and opportunity for public hearing prior to granting any variance or determining the compliance schedule. Procedures for giving notice and opportunity for hearing will be as outlined in 40 CFR Section 142.44.

 

R309-100-11. Exemptions.

(1) The Board may grant an exemption from the requirements of R309-200 or from any required treatment technique if:

(a) Due to compelling factors (which may include economic factors), the public water system is unable to comply with contaminant level or treatment technique requirements, and

(b) The public water system was in operation on the effective date of such contaminant level or treatment technique requirement, and

(c) The granting of the exemption will not result in an unreasonable risk to health.

(2) No exemptions from the maximum contaminant level for total coliforms are permitted.

(3) No exemptions from the minimum disinfection requirements of R309-200-5(7) will be permitted for sources classified by the Executive Secretary as directly influenced by surface water.

(4) At the time[Within one year] of the granting of an exemption, the Board shall prescribe a schedule by which the water system will come into compliance with contaminant level or treatment technique requirement. The requirements of Section 1416 of the Federal Safe Drinking Water Act, PL 104-182, are hereby incorporated by reference.

(5) The Board shall provide notice and opportunity for an exemption hearing as provided in 40 CFR Section 142.54.

 

KEY: drinking water, environmental protection, administrative procedures

Date of Enactment or Last Substantive Amendment: March 6, 2007[September 13, 2005]

Notice of Continuation: May 16, 2005

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