DAR File No. 32381

Environmental Quality, Water Quality

R317-5-1

General

NOTICE OF PROPOSED RULE

DAR File No.: 32381
Filed: 02/17/2009, 01:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments are being adopted to implement the new operating permit program under the new duties of the Water Quality Board authorized by passage of H.B. 222 (2008 General Session). (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: 1) incorporate operating permit requirements in these rules; 2) allow local health departments to have more involvement in the approval of large underground wastewater systems; and 3) expand components of a large wastewater system to include technologies that are considered to be alternative pursuant to Rule R317-4.

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 changes will be implemented using existing resources.

local governments:

Local Health Departments wishing to voluntarily administer the operating permit program or the pre-plan review of larger systems under this rule may incur some additional administrative costs. However, they can cover whatever extra costs are incurred by requiring application/administration fees within their jurisdiction. Local governments which operate one of the wastewater facilities required to obtain an operating permit (approximately 117 facilities) 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:

Small businesses and other persons which operate one of the wastewater facilities required to obtain an operating permit under this rule (approximately 90 facilities) 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:

Persons which operate one of the wastewater facilities required to obtain an operating permit under this rule may incur some additional monitoring and analysis 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.

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

Businesses which operate one of the wastewater facilities required to obtain an operating permit under this rule (approximately 90 facilities) 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

This rule may become effective on:

04/07/2009

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-5. Large Underground Wastewater Disposal Systems.

R317-5-1. General.

1.1 SCOPE: These regulations shall apply to large underground disposal systems for domestic wastewater discharges which exceed 5,000 gallons per day (gpd) and all other domestic wastewater discharges not covered under the definition of an "Onsite wastewater disposal system" in R317-1-1.13. Usually these systems should not be designed for over 15,000 gpd. In general, it is not acceptable to dispose of industrial wastewater in an underground disposal system.

1.2 ENGINEERING REPORT: An engineering report shall be submitted which shall contain design criteria along with all other information necessary to clearly describe the proposed project and demonstrate project feasibility.

1.3 SUBMISSION OF PLANS FOR REVIEW: Plans for new large underground wastewater disposal systems or extensions of existing systems shall be submitted to the Department for review as required by R317-1. All designs shall be prepared and submitted under the supervision of a registered professional engineer licensed to practice in the State of Utah and certified pursuant to R317-11. A construction permit must be issued by the Utah Water Quality Board[Pollution Control Committee] prior to construction of the wastewater disposal system or the building(s) to be served by the wastewater system. [After January 1, 2002, the design must be prepared by a person certified pursuant to R317-11, and t]The system designer must, following construction of the system, certify in writing that the system was installed in accordance with the approved plans and specifications.

A. Local Health Department Requirements - it is the applicant's responsibility to ensure that the Large Underground Wastewater Disposal System (LUWDS) application to the Division is in compliance with local health department requirements reqarding the location, design, construction and maintenance of an LUWDS prior to the applicant submitting a request for a construction permit to the Division of Water Quality (DWQ). Local Health Departments may petition the Division to require local review for compliance with local requirements prior to DWQ initiating its review. Where the petition has been approved by the Executive Secretary, the applicant is required to submit documentation that the local health department has approved the proposed LUWDS prior to issuance of a construction permit.

1.4 OPERATION AND MAINTENANCE: Operation and maintenance shall be provided by the owner to [insure]ensure the disposal system is functioning properly at all times. [A written operation and maintenance document describing the treatment and disposal system and outlining routine maintenance procedures, including checklists and maintenance logs needed for proper operation of the system, shall be required. The document must be available at the time of final inspection.]An operating permit will be required for all large underground wastewater disposal systems to monitor that proper operation and maintenance is occurring for the protection of the environment and public health. The operating permit shall be issued by the Division of Water Quality or, by delegated authority, by the local health department having jurisdiction, and shall be effective for a period not to exceed 5 years from the issuance date.

A. Operating Permit Required: The owner of a large underground wastewater disposal system shall provide a written notice of intent (NOI) to the Division of Water Quality and the local health department having jurisdiction of its intent to operate a large underground wastewater disposal facility. Those systems currently in operation must submit the NOI no later than January 1, 2010. New systems permitted under this rule must submit the NOI prior to final inspection. The notice of intent shall be specific for the operating permit and shall include the following information:

1. Facility name and address; owner name, address, and phone number.

2. List of Facility Components, e.g., septic tank, pump tank, gravel drainfield trench, gravelless chambers, pressure drainfield, etc.

3. Design flow (gallons per day) and number and type of connections.

4. Type of waste treated and disposed, i.e., residential, restaurant, other commercial establishment, etc.

5. Sketch plan of existing system showing major facility components.

B. Local Health Department Authority to Issue Operating Permits:

1. A local health department that currently has approval from the Division of Water Quality to administer an alternative systems program may obtain authority within its jurisdiction to administer operating permits for large underground wastewater disposal systems by submitting a written request to administer this program. The request must include an agreement to implement and enforce inspection, servicing, monitoring, and reporting requirements of this rule.

2. Local health departments that have been delegated authority to administer the operating permit program must submit an annual report on or before September 1 of the calendar year, to the Division of Water Quality containing:

(a) A list of LUWD systems under delegation.

(b) A summary listing the compliance status of each system, showing those systems that are currently failing, and those systems that have been repaired.

(c) A summary of any enforcement actions taken, identifying those actions that are still pending, and those that been resolved.

C. Annual Report. The owner shall summit an annual covering the period of July 1 to June 30 (the "reporting year") to the permitting agency no later than August 1 of each year. In this report, the owner shall report the following items:

1. All information required to be submitted in the NOI.

2. Checklist of inspections performed including the date of the inspection and a list of findings.

3. Packed Bed media system sampling results.

4. Signature of owner or certified operator, and date.

D. Owner Responsibility to Maintain System: The owner is responsible for maintaining its large underground wastewater disposal system and for performing periodic inspections and servicing of its system. Inspections of conventional systems (gravity, or pump to gravity) shall be not less than once each reporting year, and inspections of at-grade, pressure, mound and packed bed media systems shall be not less than twice each reporting year. At a minimum, the owner is responsible for inspecting these components of the various type of system:

1. Community septic tank or treatment unit - measure sludge and scum levels, and pump when necessary.

2. Effluent filter - clean when necessary.

3. Inspect distribution box.

4. Inspect pump, floats, alarm and control panel, and record flow or hour meter reading.

5. Disposal field - inspect for ponding or surfacing in disposal area. Flush, clean, re-adjust to equal pressure in laterals.

E. Operation and Maintenance Manual Required: New systems must have a written operation and maintenance document describing the treatment and disposal system and outlining routine maintenance procedures, including checklists and maintenance logs needed for proper operation of the system. This document must be available at the time of the final inspection on all new systems.

F. Packed Bed Media System Sampling and Monitoring Requirements:

The owner of a packed bed media system is responsible for sampling and monitoring for COD (Chemical Oxygen Demand), TSS (Total Suspended Solids) and TIN (Total Inorganic Nitrogen) at an interval not exceeding six calendar months. Additional sampling and monitoring may be required if it has been determined that there is a potential for groundwater impacts. Effluent quality of a grab sample, before discharge to a disposal method, shall not exceed 75 mg/L COD or 25 mg/L TSS.

1. Effluent COD exceeding 75 mg/L or TSS exceeding 25 mg/L shall be followed up with weekly sampling commencing within 30 days until such time as two successive results are obtained that are within these limits. Any two successive samples resulting in exceedence of either 75 mg/L COD or 25 mg/L TSS shall result in the system being deemed non-compliant requiring further evaluation and a corrective action plan.

2. For non-complying systems, the permitting agency shall require the order:

(a) all necessary steps such as maintenance servicing, repairs, and/or replacement of system components to correct the system;

(b) effluent quality testing for COD and TSS shall continue every week until two successive samples of COD and TSS are found to be in compliance;

(c) payment of fees for additional inspections, reviews and testing;

(d) evaluation of the system design including non-approved changes to the system, the wastewater flow, and biological and chemical loading to the system;

(e) investigation of household practices related to the discharge of chemicals into the system, such as photo-finishing chemicals, laboratory chemicals, excessive amount of cleaners or detergents, etc.; and

(f) additional tests or samples to troubleshoot the system malfunction.

1.5 LARGE UNDERGROUND WASTEWATER DISPOSAL SYSTEM REQUIRED:

The drainage system of any building or establishment covered herein shall receive all wastewater as required by R309-100, the Utah Plumbing Code and shall have a connection to a public sewer except when such sewer is not available for use, in which case connection shall be made as follows:

A. To an underground wastewater disposal system found to be adequate and constructed in accordance with requirements stated herein.

B. To any other type of disposal system acceptable under R317-3.

1.6 MULTIPLE UNITS UNDER SEPARATE OWNERSHIP: Multiple Units Under Separate Ownership shall not be served by a common large underground disposal system except when, based upon sound engineering judgment, other alternatives are determined infeasible. In such cases, a common subsurface system may be used provided the following requirements are met:

A. The common subsurface disposal system and conveyance sewers shall be under the sponsorship of a body politic.

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

C. Sufficient land area with suitable characteristics shall be 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 (See Section R317-5-3.1(L)).

D. The subsurface absorption system should be used only until a more permanent system becomes available.

1.7 NEW PROCESSES AND METHODS OF DISPOSAL: Where unusual conditions exist, other methods of disposal not described herein may be employed if approved by the Utah Water Pollution Control Committee and by the local health authority having jurisdiction. The approval will be based on evidence of adequacy to meet water quality standards and other requirements of the Code.

1.8 UNITS REQUIRED IN A LARGE UNDERGROUND WASTEWATER DISPOSAL SYSTEM: The large underground wastewater disposal system shall typically consist of the following:

A. A [wastewater drainage line or ]building sewer with cleanout.

B. A septic tank.

C. [A subsurface absorption system. This may be an absorption field, seepage pits, seepage trenches or an absorption bed, depending on location, topography, soil conditions and maximum ground water level]An effluent filter.

D. A pressurized subsurface disposal system. This may be an absorption field, deep wall trenches, absorption beds, or, for packed bed media applications, drip irrigation dispersal, depending on location, topography, soil conditions and maximum ground water level.

E. Accessibility components to insure proper maintenance and servicing. These may include risers on tanks to the surface of the ground, with firmly secured lids; and absorption field inspection ports.

F. Pressurized systems typically require a dosing chamber or dosing tank and cleanouts at the end of pressurized laterals.

G. Additional components may also be required depending on the waste stream characteristics and the need to provide adequate protection to groundwater. These components may include pretreatment devices such as grease traps, or may involve secondary treatment using packed bed media systems.

1.9 LOCATION AND INSTALLATION: Location and installation of the wastewater disposal system shall be such that with reasonable maintenance it will function properly and will not create a nuisance, health hazard or endanger the quality of any waters of the State. Due consideration shall be given to the size and shape of the area in which the system is installed, slope of natural and finished grade, soil characteristics, maximum ground water elevation, proximity of existing or future water supplies or water courses, possible flooding and expansion potential of the disposal system.

 

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KEY: water pollution, sewerage

Date of Enactment or Last Substantive Amendment: [August 28, 2001]2009

Notice of Continuation: October 2, 2007

Authorizing, and Implemented or Interpreted Law: 19-5