R317-4-1. Authority, Purpose, Scope, and Administrative Requirements

  1.1 Authorization.

  These rules are administered by the division authorized by Title 19 Chapter 5.

  1.2. Purpose.

  The purpose of this rule is to protect the public health and environment from potential adverse effects from onsite wastewater disposal within the boundaries of Utah.

  1.3. Scope.

  This rule shall apply to onsite wastewater systems.

  1.4. Jurisdiction.

  Local health departments have jurisdiction to administer this rule. Nothing contained in this rule shall be construed to prevent local health departments from:

  A. adopting stricter requirements than those contained herein;

  B. issuing an operating permit, with a term not exceeding five years, with an inspection showing a satisfactory performance of the permitted system by the department's staff before renewal;

  C. taking necessary steps for ground water quality protection:

  1. through adoption of a ground water quality protection management policy based on a ground water management study; or

  2. by an onsite wastewater systems management planning policy and land use planning through the county's agency;

  D. prohibiting any alternative system within its jurisdiction;

  E. assessing fees for administration of this rule;

  F. requiring the onsite systems within its jurisdiction be placed under an umbrella of a:

  1. responsible management entity overseen by the local health department;

  2. contract service provider overseen by the local health department; or

  3. management district body politic created by the county for the purpose of operation, maintenance, repairs and monitoring of alternative or all onsite wastewater systems;

  G. requiring conventional and alternative systems to be serviced; and

  H. receiving a request for a variance, conducting a review, and granting either an approval or denial.

  1.5. Alternative System Administration.

  Local health departments shall administer an alternative systems program.

  A. The local board of health may restrict its administration of these systems by notifying the division that it is exempt from this requirement by:

  1. adopting a resolution or regulation; or

  2. presenting an ordinance.

  B. An alternative systems program shall:

  1. advise the owner of the:

  a. type of alternative system;

  b. information concerning risk of failure;

  c. level of maintenance required;

  d. financial liability for repair, modification or replacement of a failed system; and

  e. periodic monitoring requirements;

  2. ensure that a Notice of the existence of the alternative system is recorded in the chain of title for that property;

  3. provide oversight of installed alternative systems;

  4. inspect all installed alternative systems at frequency specified in this rule, through:

  a. the department's staff;

  b. contracted service providers;

  c. responsible management entities;

  d. a management district body politic created by the county for the purpose of managing onsite wastewater systems; or

  e. any combination of the above options;

  5. maintain records of all installed alternative systems, failures, modifications, repairs and all inspections, recording the condition of the system at the time of inspection, such as overflow, surfacing, ponding, and nuisance;

  6. submit an annual report to the division on or before September 1 for the previous state of Utah fiscal year's activities showing:

  a. the type and number of alternative systems approved, installed, modified, repaired, failed, and inspected;

  b. a summary of enforcement actions taken, pending and resolved; and

  c. a summary of performance of water quality data collected;

  7. require all alternative systems to be inspected and serviced as detailed in Section R317-4-13 Table 7 and Section R317-4-11.

  1.6. Variance Administration Authority.

  The Water Quality Board delegates the authority to grant or deny variances to the design requirements provided for in this rule to the local health departments. The board may amend, suspend, or rescind this delegation of authority to a local health department if it is determined that the local health department is not accepting or conducting reviews as described in Section R317-4-12.

  A. The local health department having jurisdiction shall accept applications for variance requests on lots that are deemed not feasible for permitting an onsite wastewater system. Upon completion of a review, the local health department will grant or deny a variance to this rule as outlined in Section R317-4-12. The local health department also will submit an annual report of completed variance determinations to the division.

  B. If a local health department fails to evaluate variance requests according to Section R317-4-12, the director shall notify the local health department. The director on behalf of the board may thereafter amend, suspend, or rescind the delegation of variance authority to the local health department. The variance authority would then revert to the division, and requests will be reviewed as follows.

  1. The director may appoint a variance advisory committee to consider variance requests and make recommendations to the director. Any such advisory committee shall include at least one representative from a local health department. The director may refer any variance request to the variance advisory committee.

  2. Upon review of the recommendation submitted by the variance advisory committee, the director shall render a written determination of the requested variance. If no committee was appointed by the director, the director shall render a written determination. Written determinations must be given within 180 days of the receipt of a complete and technically adequate variance request.

  3. The director's final written determination will be forwarded to the local health department that has jurisdiction. The local health department is not required to approve or deny an operating or construction permit based on the director's determination of a variance request.