R317-5-1. Authority, Purpose, Scope, Jurisdiction, Waiver Approval and Administrative Requirements

  1.1. Authority.

  Construction and operating permits and approvals are issued pursuant to the provisions of Utah Water Quality Act Sections 19-5-104, 19-5-106, 19-5-107 and 19-5-108. Violation of these permits or approvals including compliance with the conditions thereof, or beginning construction, or modification without the director's approval, is subject to the penalties provided in Section 19-5-115.

  1.2. Purpose.

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

  B. This rule incorporates specific provisions contained in Rule R317-4 that are referenced herein, and pertinent to large underground wastewater disposal (LUWD) systems for the purpose of providing minimum design standards. Where the engineered design includes information supporting a deviation from the minimum requirements within this rule or referenced to in Rule R317-4, then the engineer may request a waiver. This rule also establishes the administrative requirements for obtaining from the division a LUWD system:

  1. approval-in-concept;

  2. construction permit;

  3. authorization to use; and

  4. operating permit

  1.3 Scope.

  This rule applies to large underground wastewater disposal systems designed to handle more than 5,000 gallons per day of domestic wastewater, or wastewater that originates in multiple units under separate ownership (except condominiums), or any other underground wastewater disposal system not covered under the definition of an onsite wastewater system per Rule R317-4.

  A. The engineer shall use recognized practice standards for wastewater treatment to increase long term performance and lessen potential impacts to public health and the environment. Depending on site-specific characteristics, the division may require a LUWD system to pretreat effluent prior to disposal in the absorption system. In general, systems with high waste strength or flows over 15,000 gpd should consider pretreatment. Factors that should be evaluated include, but are not limited to, the following:

  1. design flow (gpd)

  2. highly variable flows, including seasonal fluctuations;

  3. wastewater strength characteristics;

  4. site characteristics.

  5. proximity to ground water table, considering various soil types and separation distance;

  6. ground water classification;

  7. proximity to nearby drinking water sources, or location within a drinking water source protection zone; and

  8. anticipated system life expectancy.

  1.4. Jurisdiction. Large underground wastewater disposal systems are under the jurisdiction of the Division of Water Quality. Local Health Departments may petition the division to require local review for compliance with local requirements prior to the division initiating its review.

  1.5 Waiver.

  The director may grant a waiver from the minimum requirements stated in this rule, subject to site-specific consideration and justification, but not overriding the safeguarding of public health, protection of water quality or engineering practice. The intent of the waiver is to allow the engineer to utilize site specific information, recognized practice standards, or other acceptable justification while designing an appropriate LUWD system for the property. The engineer is encouraged to discuss waivers with the division staff prior to formal application for feasibility determination review.