Environmental Quality, Water Quality

Section R317-1-1

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33232
Filed: 12/01/2009 04:30:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R317-1-1 contains definitions for rules under Title R317, Water Quality. This section is being amended to add three definitions in support of concurrent amendments to Rule R317-2. (DAR NOTE: The proposed amendment to Rule R317-2 is under DAR No. 33233 in this issue, December 15, 2009, of the Bulletin.)

Summary of the rule or change:

Definitions added for "assimilative capacity", "existing use", and "Great Salt Lake impounded wetlands" to support concurrent changes to Rule R317-2. "Assimilative Capacity" means the difference between the numeric criteria and the concentration in the waterbody of interest. "Existing Use" means any use during or after November 1975. "Great Salt Lake impounded wetlands" means wetland ponds which have been formed by dikes or berms to control and retain the flow of freshwater sources in the immediate proximity of the Great Salt Lake.

State statutory or constitutional authorization for this rule:

• Section 19-5-105

Anticipated cost or savings to:

the state budget:

No costs or savings to the state budget are anticipated. The proposed amendment adds three definitions in support of concurrent amendments to Rule R317-2.

local governments:

No costs or savings to the local government are anticipated. The proposed amendment adds three definitions in support of concurrent amendments to Rule R317-2.

small businesses:

No costs or savings to small businesses are anticipated. The proposed amendment adds three definitions in support of concurrent amendments to Rule R317-2.

persons other than small businesses, businesses, or local governmental entities:

No costs or savings to other persons are anticipated. The proposed amendment adds three definitions in support of concurrent amendments to Rule R317-2.

Compliance costs for affected persons:

No additional compliance costs are anticipated. The proposed amendment adds three definitions in support of concurrent amendments to Rule R317-2.

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

The proposed amendments add three definitions in support of concurrent amendments to Rule R317-2. No impacts to businesses are anticipated.

Amanda Smith, 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
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:

01/14/2010

Interested persons may attend a public hearing regarding this rule:

• 01/11/2010 06:00 PM, Utah Department of Environmental Quality, 168 N 1950 W, Room 101, Salt Lake City, UT

This rule may become effective on:

01/27/2010

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-1. Definitions and General Requirements.

R317-1-1. Definitions.

1.1 " Assimilative Capacity" means the difference between the numeric criteria and the concentration in the waterbody of interest.

[1.1]1.2 "Board" means the Utah Water Quality Board.

[1.2]1.3 "BOD" means 5-day, 20 degrees C. biochemical oxygen demand.

[1.3]1.4 "Body Politic" means the State or its agencies or any political subdivision of the State to include a county, city, town, improvement district, taxing district or any other governmental subdivision or public corporation of the State.

[1.4]1.5 "Building sewer" means the pipe which carries wastewater from the building drain to a public sewer, a wastewater disposal system or other point of disposal. It is synonymous with "house sewer".

[1.5]1.6 "CBOD" means 5-day, 20 degrees C., carbonaceous biochemical oxygen demand.

[1.6]1.7 "COD" means chemical oxygen demand.

[1.7]1.8 "Deep well" means a drinking water supply source which complies with all the applicable provisions of the State of Utah Public Drinking Water Regulations.

[1.8]1.9 "Digested sludge" means sludge in which the volatile solids content has been reduced to about 50% by a suitable biological treatment process.

[1.9]1.10 "Division" means the Utah State Division of Water Quality.

[1.10]1.11 "Domestic wastewater" means a combination of the liquid or water-carried wastes from residences, business buildings, institutions, and other establishments with installed plumbing facilities, together with those from industrial establishments, and with such ground water, surface water, and storm water as may be present. It is synonymous with the term "sewage".

[1.11]1.12 "Effluent" means the liquid discharge from any unit of a wastewater treatment works, including a septic tank.

1.13 " Existing Uses" means those uses actually obtained in a water body on or after November 28, 1975, whether or not they are included in the water quality standards.

[1.12]1.14 "Human pathogens" means specific causative agents of disease in humans such as bacteria or viruses.

[1.13]1.15 "Industrial wastes" means the liquid wastes from industrial processes as distinct from wastes derived principally from dwellings, business buildings, institutions and the like. It is synonymous with the term "industrial wastewater".

[1.14]1.16 "Influent" means the total wastewater flow entering a wastewater treatment works.

1.17 " Great Salt Lake impounded wetland" means wetland ponds which have been formed by dikes or berms to control and retain the flow of freshwater sources in the immediate proximity of Great Salt Lake.

[1.15]1.18 "Large underground wastewater disposal system" means the same type of device as an onsite wastewater system except that it is designed to handle more than 5,000 gallons per day of domestic wastewater, or wastewater that originates in multiple dwellings, commercial establishments, recreational facilities, schools, or any other underground wastewater disposal system not covered under the definition of an onsite wastewater system. The Board controls the installation of such systems.

[1.16]1.19 "Onsite wastewater system" means an underground wastewater disposal system for domestic wastewater which is designed for a capacity of 5,000 gallons per day or less and is not designed to serve multiple dwelling units which are owned by separate owners except condominiums and twin homes. It usually consists of a building sewer, a septic tank and an absorption system.

[1.17]1.20 "Operating Permit" is a State issued permit issued to any wastewater treatment works covered under R317-3 or R317-5 with the following exceptions:

A. Any wastewater treatment permitted under Ground Water Quality Protection R317-6.

B. Any wastewater treatment permitted under Underground Injection Control (UIC) Program R317-7.

C. Any wastewater treatment permitted under Utah Pollutant Discharge Elimination System (UPDES) R317-8.

D. Any wastewater treatment permitted under Approvals and Permits for a Water Reuse Project R317-13.

E. Any wastewater treatment permitted by a Local Health Department under Onsite Wastewater Systems R317-4.

[1.18]1.21 "Person" means any individual, corporation, partnership, association, company, or body politic, including any agency or instrumentality of the United States government (Section 19-1-103).

[1.19]1.22 "Point source" means any discernible, confined and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flow from irrigated agriculture.

[1.20]1.23 "Pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous or solid substance into any waters of the state as will create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

[1.21]1.24 "Sewage" is synonymous with the term "domestic wastewater".

[1.22]1.25 "Shallow well" means a well providing a source of drinking water which does not meet the requirements of a "deep well".

[1.23]1.26 "Sludge" means the accumulation of solids which have settled from wastewater. As initially accumulated, and prior to treatment, it is known as "raw sludge".

[1.24]1.27 "SS" means suspended solids.

[1.25]1.28 Total Maximum Daily Load (TMDL) means the maximum amount of a particular pollutant that a waterbody can receive and still meet state water quality standards, and an allocation of that amount to the pollutant's sources.

[1.26]1.29 "Treatment works" means any plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing or holding wastes. (Section 19-5-102).

[1.27]1.30 "TSS" means total suspended solids.

[1.28]1.31 "Underground Wastewater Disposal System" means a system for underground disposal of domestic wastewater. It includes onsite wastewater systems and large underground wastewater disposal systems.

[1.29]1.32 "Wastes" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. (Section 19-5-102).

[1.30]1.33 "Wastewater" means sewage, industrial waste or other liquid substances which might cause pollution of waters of the state. Intercepted ground water which is uncontaminated by wastes is not included.

[1.31]1.34 "Waters of the state" means all streams, lakes, ponds, marshes, water-courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof, except that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be considered to be "waters of the state" under this definition (Section 19-5-102).

 

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

Date of Enactment or Last Substantive Amendment: [June 11, 2009]2010

Notice of Continuation: October 2, 2007

Authorizing, and Implemented or Interpreted Law: 19-5