DAR File No. 32380

Environmental Quality, Water Quality

R317-1

Definitions and General Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 32380
Filed: 02/17/2009, 01:46
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments implement the new operating permit program authorized by 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. (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 proposed revisions to Rule R317-1 copy the existing requirement for a body politic from Rule R317-3 into Rule R317-1 to stress this requirement, reorganize Section R317-1-2 to make it more user-friendly and to stress the requirement for a permit prior to construction of any wastewater facilities, and modify the exception for facilities connecting to an existing sewer system to remove the loophole that previously appeared to allow a private sewer system to connect to a public sewer system without a construction permit or sponsorship by a body politic. It is not envisioned that the proposed revisions to Rule R317-1 will result in any change in the way the Division conducts its business, but are purely for the purposes of clarification and to remove an apparent loophole. Also included in the proposed rule revision to Rule R317-1 are a number of revisions to the definitions including renumbering the definitions in alphabetical order, deleting definitions that are solely appurtenant to other parts of the rules, and adding these definitions related to operating permits: 1) defining chemical oxygen demand (COD) as a parameter; 2) defining the scope of the operating permit program; 3) eliminating the definition of Polished Secondary Treatment; and 4) defining total suspended solids (TSS) as a parameter.

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 rule will be implemented using existing resources.

local governments:

Approximately 117 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:

Approximately 90 wastewater facilities addressed by this rule are operated by small business or other persons. 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 we anticipate 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:

Approximately 90 of the wastewater facilities addressed by this rule are operated by businesses. 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. Bill 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 dwham@utah.gov

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:

03/31/2009

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:

04/07/2009

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-1. Definitions and General Requirements.

R317-1-1. Definitions.

[1.1 "Absorption system" means a device constructed under the ground surface to receive and to distribute effluent in such a manner that the effluent is effectively filtered and retained below ground surface.

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

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

[1.4]1.3 "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.

[1.5]1.4 "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".

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

1.6 "COD" means chemical oxygen demand.

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

1.9 "Division" means the Utah State Division of Water Quality.

1.10 "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 "Effluent" means the liquid discharge from any unit of a wastewater treatment works, including a septic tank.

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

[1.13 "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 absorptions system.

1.14]1.13 "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".

[1.15]1.14 "Influent" means the total wastewater flow entering a wastewater treatment works.

[1.16]1.15 "Large underground wastewater disposal system" means the same type of device as [described under 1.1.13 above,]an onsite wastewater system except that it is designed to handle more than 5,000 gallons per day of domestic wastewater, or wastewater that[which] 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[in 1.1.13 above]. The Board controls the installation of such systems.

1.16 "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 "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 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.

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

[1.17]1.18 "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).

[1.18]1.19 "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.

[1.19 "Polished Secondary Treatment" means a treatment process that can produce an effluent meeting or exceeding the following standards:

A. The arithmetic mean of BOD values determined on effluent samples collected during any 30-day period shall not exceed 15 mg/l, nor shall the arithmetic mean exceed 20 mg/l during any 7-day period.

B. The arithmetic mean of SS values determined on effluent samples collected during any 30-day period shall not exceed 10 mg/l, nor shall the arithmetic mean exceed 12 mg/l during any 7-day period.

C. The geometric mean of total coliform and fecal coliform bacteria in effluent samples collected during any 30-day period shall not exceed either 200 per 100 ml or 20 per 100 ml respectively, nor shall the geometric mean exceed 250 per 100 ml or 25 per 100 ml respectively during any 7-day period; or, the geometric mean of E. coli bacteria in effluent samples collected during any 30-day period shall not exceed 13 per 100 ml nor shall the geometric mean exceed 16 per 100 ml during any 7-day period.

D. The effluent pH values shall be maintained within the limits of 6.5 to 9.0.

]1.20 "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 "Sewage" is synonymous with the term "domestic wastewater".

[1.21 "Seepage trench" means a modified seepage pit, an absorption system consisting of trenches filled with coarse filter material into which septic tank effluent is discharged.

1.22 "Seepage pit" means an absorption system consisting of a covered pit into which effluent is discharged.

1.23 "Septic tank" means a water-tight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through an underground absorption system meeting the requirements of these regulations.

1.24]1.22 "Shallow well" means a well providing a source of drinking water which does not meet the requirements of a "deep well".

[1.25]1.23 "Sludge" means the accumulation of solids which have settled from wastewater. As initially accumulated, and prior to treatment, it is known as "raw sludge".

[1.26]1.24 "SS" means suspended solids.

[1.27]1.25 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.

[1.28]1.26 "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 "TSS" means total suspended solids.

1.28 "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 "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 "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 "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).[

1.32 "Underground Wastewater Disposal System" means a system for underground disposal of domestic wastewater. It usually consists of a building sewer, a septic tank, and an absorption system. It includes onsite wastewater systems and large underground wastewater disposal systems.]

 

R317-1-2. General Requirements.

2.1 Water Pollution Prohibited. No person shall discharge wastewater or deposit wastes or other substances in violation of the requirements of these rules[regulations].

2.2 Construction Permit. No person shall make or construct any device for treatment or discharge of wastewater (including storm sewers)[, except to an existing sewer system,] without first receiving a permit to do so from the Board or its authorized representative, except as provided herein.[in R317-1-2.5. Issuance of such permit shall be construed as approval of plans for the purposes of authorizing release of federal or state funds allocated for planning or construction purposes. Construction permits shall expire one year after date of issuance unless substantial and continuous construction is under way. Upon application, construction permits may be extended on an individual basis provided application for such extension is made prior to the permit expiration date.]

A. Body Politic Required. 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.

[2.3]B. Submission of Plans. Any person desiring a permit [as required by R317-1-2.2,]shall submit complete plans, specifications, and other pertinent documents covering the proposed construction to the Division for review. Liquid waste storage facilities at animal feeding operations must be designed and constructed in accordance with Table 2a - Criteria for Siting, Investigation, and Design of Liquid Waste Storage Facilities with a water depth greater than 2 feet; Table 2b - Criteria for Siting, Investigation, and Design of Liquid Waste Storage Facilities with a water depth of 2 feet or less; and Table 2c - Criteria for runoff ponds with a water depth of 2 feet of less and a storage period less than 90 days annually, contained in the U.S.D.A. Natural Resource Conservation Service (NRCS) Conservation Practice Standard, Waste Storage Facility, Code 313, dated August 2006. This rule incorporates by reference Tables 2a, 2b, and 2c in the August 2006 U.S.D.A. NRCS Conservation Practice Standard, Waste Storage Facility, Code 313.

[2.4]C. Review of Plans. The Division shall review said plans and specifications as to their adequacy of design for the intended purpose and shall require such changes as are found necessary to assure compliance with pertinent parts of these rules[regulations].

D. Approval of Plans. Issuance of a construction permit shall be construed as approval of plans for the purposes of authorizing release of federal or state funds allocated for planning or construction purposes.

E. Permit Expiration. Construction permits shall expire one year after date of issuance unless substantial and continuous construction is under way. Upon application, construction permits may be extended on an individual basis provided application for such extension is made prior to the permit expiration date.

[2.5]F. Exceptions.

1. Wastewater facilities that discharge to an existing sewer system and serve only units that are under single ownership, or serve multiple units under separate ownership where the wastewater facilities are under the sponsorship of the public sewer system to which they discharge. This exception does not apply to pumping stations having the installed capacity in excess of 1 million gallons per day (3,785 cubic meters per day).

[A.]2. Onsite Wastewater Disposal Systems. Construction plans and specifications for onsite wastewater disposal systems shall be submitted to the local health authority having jurisdiction and need not be submitted to the Division. Such devices, in any case, shall be constructed in accordance with rules[regulations] for onsite wastewater disposal systems adopted by the Water Quality Board. Compliance with the rules[regulations] shall be determined by an on-site inspection by the appropriate health authority.

[B.]3. Small Animal Waste (Manure) Lagoons and Runoff Ponds. Construction plans and specifications for small animal waste lagoons as defined in R317-6 (permitted by rule for ground water permits) need not be submitted to the Division if the design is prepared or certified by the U.S.D.A. Natural Resources Conservation Service (NRCS) in accordance with criteria provided for in the Memorandum of Agreement between the Division and the NRCS, and the construction is inspected by the NRCS. Compliance with these rules shall be determined by on-site inspection by the NRCS.

[2.6]2.3 Compliance with Water Quality Standards. No person shall discharge wastes into waters of the state except in compliance with these rules[regulations] and under circumstances which assure compliance with water quality standards in R317-2.

[2.7]2.4 Operation of Wastewater Treatment Works. Wastewater treatment works shall be so operated at all times as to produce effluents meeting all requirements of these rules[regulations] and otherwise in a manner consistent with adequate protection of public health and welfare. Complete daily records shall be kept of the operation of wastewater treatment works covered under R317-3 on forms approved by the Division and a copy of such records shall be forwarded to the Division at monthly intervals.

 

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

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