DAR File No. 32342

Environmental Quality, Water Quality

R317-3-1

Technical and Procedural Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 32342
Filed: 01/29/2009, 04:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed revisions to Section R317-3-1 establish the operating permit program in response to H.B. 222 (2008 General Session) amending the powers and duties of the Water Quality Board to include the authority to issue operating permits for wastewater treatment works (Section 19-5-104). (DAR NOTE: H.B. 222 (2008) is found at Chapter 336, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The changes define scope and information required for coverage under a new operating permit program and establishes a deadline for submitting this information. Most wastewater systems in Utah are currently permitted by one of four programs: 1) Ground Water Quality Protection; 2) Underground Injection Control (UIC); 3) Utah Pollutant Discharge Elimination System (UPDES); or 4) Permits for a Water Reuse Project. Only underground wastewater systems are currently exempted from permitting, along with approximately 87 other wastewater facilities that are not classified as underground wastewater systems. The proposed amendment captures these 87 wastewater facilities under an operating permit.

State statutory or constitutional authorization for this rule:

Sections 19-5-104 and 19-5-105

Anticipated cost or savings to:

the state budget:

There are no anticipated impacts to the state budget. The proposed change will be implemented using existing resources.

local governments:

Most of the 87 wastewater facilities addressed by this rule are operated by local governments. Local governments which operate one of the wastewater facilities required to obtain an operating permit under this rule may incur some additional monitoring and costs. Such costs vary from facility to facility, but are estimated at approximately $200 per facility per year. The operating permit may slightly increase a facility's administrative burden, however the Division anticipates that these requirements can be addressed using existing resources.

small businesses and persons other than businesses:

Most of the 87 wastewater facilities addressed by this change are operated by local governments. However, small businesses or other persons which operate one of the wastewater facilities required to obtain an operating permit under this rule may incur some additional monitoring and costs. Such costs vary from facility to facility, but are estimated at approximately $200 per facility per year. The operating permit may slightly increase a facility's administrative burden, however the Division anticipates that these requirements can be addressed using existing resources.

Compliance costs for affected persons:

Compliance costs for affected persons will vary from facility to facility but are estimated at approximately $200 per year. The operating permit may slightly increase a facility's administrative burden, however the Division anticipates that these requirements can be addressed using existing resources.

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

Most of the 87 wastewater facilities addressed by this change are operated by local governments. However, businesses which operate one of the wastewater facilities required to obtain an operating permit under this rule may incur some additional monitoring and costs. Such costs vary from facility to facility, but are estimated at approximately $200 per facility per year. The operating permit may slightly increase a facility's administrative burden, however the Division anticipates that these requirements can be addressed using existing resources. William Sinclair, Acting 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 [email protected]

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:

03/17/2009

Interested persons may attend a public hearing regarding this rule:

3/06/2009 at 9:45 AM, Dixie Center, Ballroom C/D, St George, UT

This rule may become effective on:

04/02/2009

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-3. Design Requirements for Wastewater Collection, Treatment and Disposal Systems.

R317-3-1. Technical and Procedural Requirements.

1.1. Scope of This Rule

A. General. This rule is intended to aid the logical development, from feasibility study, [to]through startup, to operation of a wastewater collection, treatment and disposal project.

B. Authority. Construction and operating permits and approvals are issued pursuant to the provisions of Sections 19-5-104, 19-5-107 and 19-5-108. Violation of [construction]these permit(s) or approval(s) 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 Section 19-5-115.

C. Applicability

1. This rule applies to:

a. communities, sewerage agencies, industries, and federal or state agencies (hereinafter referred to as the applicant), and

b. i. construction, installation, modification or operation of any treatment works or part thereof or any extension or addition thereto, or

ii. construction, installation, modification or operation of any establishment or any extension or modification or addition to it, the operation of which would probably result in a discharge.

2. The applicant must not advertise the project for bids and must not begin construction without receiving a construction permit.

D. Requirements

1. The design requirements in this rule are for collection, treatment and disposal of wastewater largely originating from domestic sources. These criteria are intended to be limiting values for items upon which an evaluation of such plans and specifications will be made and to establish, as far as practicable, uniformity of practice. This rule also provides for a mechanism to apply water pollution control research and recommendations for further evaluation by the design engineer.

2. Communities, and the engineering profession should discuss with the staff of the executive secretary possible combinations of wastewater treatment and disposal processes or situations not covered in detail by this rule.

E. Construction Permit and Approvals

1. When a Permit or an Approval is Issued. A construction permit or an approval is issued when the applicant has met all requirements of this rule, including any additional requirements of funding programs administered by the executive secretary. The applicant or the designee or the consultant should meet with the staff of the executive secretary to discuss the plan of study before undertaking extensive engineering studies for construction of treatment works. A permit for construction of a new treatment works or a sewerage system, or modifications to an existing treatment works or sewerage system for multiple units under separate ownership will be issued only if the treatment works or sewerage system are under the sponsorship of a body politic as defined in R317-1-1.

2. Variance. The executive secretary may grant a variance from the minimum requirements stated in this rule, subject to site-specific consideration and justification, but not overriding safeguarding of public health or protection of water quality or engineering practice. The applicant must submit pertinent and relevant material in support of a variance from the minimum requirements.

3. Limitations

a. The issuance of a construction permit does not relieve in any way the applicant of the obligation to obtain other approvals and permits, i.e., ground water discharge permit, clearances etc., from other agencies which may have jurisdiction over the project.

b. The permit will expire at the end of one year from the date of issuance if the approved project is not under substantial construction. Plans and specifications must be resubmitted for review and reissuance of the expired permit.

F. Operating Permits

1. Scope

Permits are issued to any wastewater treatment works covered under R317-3 with the following exceptions:

a. Any wastewater treatment permitted underGround Water Quality Protection R317-6.

b. Any wastewater treatment permitted underUnderground Injection Control (UIC) Program R317-7.

c. Any wastewater treatment permitted underUtah Pollutant Discharge Elimination System (UPDES) R317-8.

d. Any wastewater treatment permitted underApprovals and Permits for a Water Reuse Project R317-13.

2. Facilities requiring operating permits that treat domestic waste will typically be issued a general permit rather than individual permits. General permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of R317-8-5 and R317-8-6. General permits shall be effective for a fixed term not to exceed 5 years.

3. Facilities requiring operating permits that treat non-domestic waste will be issued individual permits. Individual permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of R317-8-5 and R317-8-6. Individual permits shall be effective for a fixed term not to exceed 5 years.

4. Application requirements.

a. Facilities currently in operation shall submit to the Executive Secretary a written notice of intent to be covered by the general permit or by an individual permit no later than January 1, 2010. New facilities must submit a written notice of intent prior to commencing operation. A facility that fails to submit a notice of intent in accordance with the terms of the permit is not authorized to operate.

b. The notice of intent shall include:

i. the legal name and address of the owner.

ii. the facility name and address.

iii. design flow, actual flow, and type of waste treated.

iv. disposal method, effluent quality (if applicable).

v. location of nearest public drinking water well.

vi. diagram of system showing major components.

5. Requirements for recording and reporting monitoring results. All permits shall specify:

a. Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods, (including biological monitoring methods when appropriate);

b. Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;

c. Reporting shall be monthly in accordance with R317-1-2.4.

[F]G. Definitions

1. The annual average daily rate of flow is defined as:

a. an average of daily rates of flow over a period of not less than one year; or

b. the rate of flow equal to or greater than 50 percent of the daily flow rate data.

2. The average design rate of flow or the average peak-monthly rate of flow is defined as:

a. a moving average of daily rates of flow over a thirty consecutive days; or over a period of month whichever produces a higher rate of flow; or

b. the rate of flow equal to or greater than 92 percent of the daily flow rate data.

3. The maximum design rate of flow or peak-daily rate of flow is defined as:

a. the maximum rates of flow over a 24 hour period; or

b. the rate of flow equal to or greater than 99.7 percent of the daily flow data.

4. The peak design rate of flow or peak-hourly rate of flow is defined as:

a. the maximum rate of flow over a 60-minute period; or

b. the rate of flow equal to or greater than 99.9 percent of the daily flow data.

5. The minimum daily rate of flow is defined as the minimum rate of flow over a twenty-four hour period.

6. Industrial waste flow is defined as the maximum rate of flow for each of industries tributary to the sewer system.

7. Other Definitions. Other definition of terms and their use in this rule is intended to be in accordance with:

a. R317-1 (Definitions and General Requirements), and

b. Glossary - Water and Wastewater Control Engineering, jointly prepared by American Public Health Association (APHA), American Society of Civil Engineers (ASCE), American Water Works Association (AWWA), and Water Pollution Control Federation (WPCF).

8. Units of Expression The units of expression used are in accordance with those recommended in WPCF Manual of Practice Number 6, Units of Expression for Wastewater Treatment.

9. Terms

a. The term shall is used where practice is standardized to permit specific delineation of requirements or where safeguarding of the public health or protection of water quality justifies such definite action.

b. Other terms, such as should, recommended, preferred, indicate desirable procedures or methods, with deviations subject to individual consideration and justification, but not overriding safeguarding of public health or protection of water quality or engineering practice.

c. Desirable procedures or methods may be mandatory requirements for projects using state or federal funds.

 

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KEY: wastewater, water quality, water pollution

Date of Enactment or Last Substantive Amendment: [February 4, 2008]2009

Notice of Continuation: October 2, 2007

Authorizing, and Implemented or Interpreted Law: 19-5; 19-5-104; 40 CFR 503