R317-5-3. General Standards, Prohibitions, Requirements, and Enforcement

  3.1. Failure to Comply With Rules.

  Any person failing to comply with this rule shall be subject to enforcement action as specified in Sections 19-5-115 and 26A-1-123.

  3.2. Feasibility.

  LUWD systems are not feasible in some areas and situations. If property characteristics indicate conditions that may fail in any way to meet the requirements specified herein, the use of a LUWD system shall be prohibited.

  3.3. Prohibited Flows.

  No ground water drainage, drainage from roofs, roads, yards, or other similar sources shall discharge into any portion of a LUWD system, but shall be disposed of so they will in no way affect the system. Non-domestic wastes such as chemicals, paints, or other substances that are detrimental to the proper functioning of a LUWD system may not be disposed of in such systems.

  3.4. Increased Flows Prohibited.

  Wastewater flow may not exceed the design flow of a LUWD system.

  3.5. Property Lines Crossed.

  Privately owned LUWD systems, including replacement areas, shall be located on the same lot as the building served unless, when approved by the division, a perpetual utility easement and right-of-way is established and recorded on an adjacent or nearby lot for the construction, operation, and continued maintenance, repair, alteration, inspection, relocation, and replacement of a LUWD system, including all rights to ingress and egress necessary or convenient for the full or complete use, occupation, and enjoyment of the granted easement. The easement shall be large enough to accommodate the proposed LUWD system and replacement area. The easement shall meet the setbacks specified in Section R317-4-13 Table 2.

  3.6. Initial Absorption Area and Replacement Area.

  A. All properties that utilize LUWD systems shall be required to have a replacement area.

  B. The absorption area, including installed system and replacement area, may not be subject to activity that is likely to adversely affect the soil or the functioning of the system. This may include vehicular traffic, covering the area with asphalt, concrete, or structures, filling, cutting or other soil modifications.

  3.7. Operation and Maintenance.

  Owners of a LUWD systems shall operate, maintain, and service their systems according to the standards of this rule.

  3.8. No Discharge to Surface Waters or Ground Surface.

  Effluent from any LUWD system may not be discharged to surface waters or upon the surface of the ground. Wastewater may not be discharged into any abandoned or unused well, or into any crevice, sinkhole, or similar opening, either natural or artificial.

  3.9. Repair of a Malfunctioning or Unapproved System.

  Upon determination by the regulatory authority that a malfunctioning or unapproved LUWD wastewater system creates or contributes to any dangerous or unsanitary condition that may involve a public health hazard, or noncompliance with this rule, the regulatory authority shall order the owner to take the necessary action to cause the condition to be corrected, eliminated or otherwise come into compliance.

  A. For malfunctioning systems, the regulatory authority shall require and order:

  1. all necessary steps, such as maintenance, servicing, repairs, and replacement of system components to correct the malfunctioning system, to meet all rule requirements to the extent possible and may not create any new risk to the environment or public health;

  2. effluent quality testing as required by Subsection R317-5-9.2.D;

  3. evaluation of the system design including non-approved changes to the system, the wastewater flow, and biological and chemical loading to the system;

  4. additional tests or samples to troubleshoot the system malfunction.

  3.10. Procedure for Wastewater System Abandonment. Whenever the use of a LUWD system has been abandoned or discontinued, the owner of the real property on which such wastewater system is located shall render it safe by having the septic tank, any other tanks, hollow seepage pit, or cesspool wastes pumped out or otherwise disposed of in an approved manner. Within 30 days the tanks shall be:

  A. crushed in place and the void filled;

  B. completely filled with earth, sand, or gravel; or

  C. removed and backfilled.

  3.11. Septage Management.

  A person shall only dispose of septage, or sewage contaminated materials in a location or manner in accordance with the requirements of the division and any local agencies having jurisdiction.

  3.12. Multiple Units Under Separate Ownership (except condominiums).

  The common components of the LUWD system, including the reserve absorption area, shall be under the sponsorship of a body politic.

  A. The subsurface absorption system shall be designed and constructed to provide duplicate capacity, meaning two independent systems. Each system shall be designed to accommodate the total anticipated maximum daily flow. The duplicate system shall be designed with appropriate valving, etc., to allow for periodic alternation of the use of each system.

  B. Sufficient land area with suitable characteristics shall be planned and available to provide for a third absorption system capable of handling the total maximum daily wastewater flow. This area shall be kept free of permanent structures, traffic or soil modification.

  3.13. Underground Injection Control.

  Large underground wastewater disposal (LUWD) systems with design flow rates of 5,000 gallons per day or more are co-regulated by the Utah 1422 Underground Injection Control (UIC) Program in Rule R317-7. LUWD systems are authorized-by-rule under the UIC program provided they remain in compliance with the construction and operating permits issued according to Rule R317-5. However, if any noncompliance with these permits results in the potential for or demonstration of actual exceedance of any Utah Maximum Contaminant Levels (MCLs) in a receiving ground water, the noncompliance may also be a violation of the Utah UIC administrative rules and therefore be subject to enforcement action. Owners and operators of a large underground wastewater disposal system are required to submit UIC inventory information according to Subsection R317-7-6.4(C) using the approved form for a LUWD system.