No. 30637 (New Rule): R317-13. Approvals and Permits for a Water Reuse Project

DAR File No.: 30637
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 establishes administrative requirements for water reuse projects, including application and approval procedures.

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 are no anticipated impacts to the state budget. The Division of Water Quality is currently conducting review of water reuse projects. The administrative and technical requirement outlined in the proposed rule do not deviate from current practices in a manner that would incur additional costs or savings to the state budget.

local governments:

No significant net costs or savings are anticipated. The proposed rule outlines administrative procedures for water reuse projects. The rule clarifies the application and approval process which should result in a slight savings to local governments who choose to pursue water reuse projects. Local governments who choose to pursue water reuse projects may see a slight increase in administrative costs due to an increase in the number of involved parties having input to the process. It is difficult to estimate the number of potential reuse projects as they are voluntary and made at the discretion of the local government.

small businesses and persons other than businesses:

The proposed rule applies to public agencies (as defined at Section 11-13-103) who wish to pursue a water reuse project. No significant net costs or savings are anticipated. The proposed rule outlines administrative procedures for water reuse projects. The rule clarifies the application and approval process which should result in a slight savings to local governments who choose to pursue water reuse projects. Public agencies may see a slight increase in administrative costs due to an increase in the number of involved parties having input to the process. It is difficult to estimate the number of potential reuse projects as they are voluntary and made at the discretion of the public agency.

Compliance costs for affected persons:

The proposed rule applies to public agencies (as defined at Section 11-13-103) who wish to pursue a water reuse project. Public agencies may see a slight increase in administrative costs due to an increase in the number of involved parties having input to the process. It is difficult to estimate this potential cost because of significant differences in the nature of reuse projects. Reuse projects are voluntary and pursued at the discretion of the public agency.

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 at Section 11-13-103) who wish to pursue a water reuse project. 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.

R317-13. Approvals and Permits for a Water Reuse Project.

R317-13-1. Definitions.

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

1.2 "Domestic wastewater" means a combination of the liquid or water-carried wastes from structures with installed plumbing facilities and industrial establishments, and any groundwater, surface water, and storm water that is present with the waste.

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

1.4 "Public agency" means a public agency as defined by Utah Code Annotated Section 11-13-103 that:

A. owns or operates a POTW;

B. collects and transports domestic wastewater;

C. holds legal title to a water right;

D. is delegated the right to the beneficial use or reuse of water by the legal title holder of the water right;

E. is a water supplier; or

F. sells wholesale or retail water.

1.5 "Reuse water" means domestic wastewater treated to a standard acceptable under rules made by the Water Quality Board under Utah Code Annotated Section 19-5-104.

1.6 "Water reuse project" means a project for the reuse of treated domestic wastewater that requires approval by the Utah Water Quality Board in accordance with Utah Code Annotated Sections 19-5-104 and 73-3c-301, and the state engineer under Section 73-3c-302.

1.7 "Water supplier" means an entity engaged in the delivery of water for municipal purposes.

 

R317-13-2. Administrative Requirements.

2.1 General. This rule is issued for water reuse projects.

2.2 Authority. This rule is issued pursuant to the provisions of Utah Code Annotated Sections 19-5-104(1)(r) and Utah Code Annotated Section 73-3c-301. Violation of a construction permit, operating permit, or approval including compliance with the conditions thereof, or beginning of construction, or modification without the executive secretary's approval, is subject to the penalties provided in Utah Code Annotated Section 19-5-115.

2.3 Applicability. This rule applies to public agencies that propose a water reuse project.

2.4 Approvals and Permits Required.

A. Approval of Water Reuse Projects. The Executive Secretary may approve, approve in part, approve with conditions or deny, in writing, an application for the reuse of treated domestic wastewater.

B. Construction Permit Requirements. Water reuse projects involving the construction, installation, modification or operation of any collection system, treatment works, reuse water distribution system or part thereof, or any extension or addition thereto shall obtain a construction permit in accordance with this section and the requirements of R317-3, "Design Requirements for Wastewater Collection, Treatment and Disposal Systems", prior to construction.

C. Operating Permit for a water reuse project. If a water reuse project is approved, the Executive Secretary shall issue an operating permit consistent with any construction permit and the rules of the Board.

D. Limitations. The issuance of an approval, construction permit, or operating permit does not relieve the public agency of the obligation to obtain other approvals and permits, i.e., ground water discharge permit or permits and approvals from other agencies which may have jurisdiction over the project.

 

R317-13-3. Reuse Project Application and Technical Requirements.

3.1 Specific application requirements for a water reuse project. If a public agency intends to reuse or provide for the reuse of treated domestic wastewater for any purpose, application shall be made to the Executive Secretary as required in this rule and R317-3-11, prior to construction or operation of the water reuse project.

3.2 Technical requirements for a water reuse project. The design and operation of any water reuse utilizing treated domestic wastewater shall be in accordance with the applicable requirements of R317-3-11.

 

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

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 19-5