DAR File No. 32444

Environmental Quality, Drinking Water

R309-105-6

Construction of Public Drinking Water Facilities

NOTICE OF PROPOSED RULE

DAR File No.: 32444
Filed: 03/16/2009, 02:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the specific requirements for obtaining an "exception" to construction standards.

Summary of the rule or change:

In order for the Executive Secretary to consider granting an "exception," the water system must submit a written request with citation of the specific rule for which the "exception" is being requested, a detailed explanation, what the system proposes, and justification.

State statutory or constitutional authorization for this rule:

Section 19-4-104

Anticipated cost or savings to:

the state budget:

None--This rule amendment only clarifies the specific components in an exception request. It will not increase workload or require additional personnel or funds from the state budget.

local governments:

None--This rule amendment only clarifies the specific components in an exception request. It will not increase workload or require additional personnel or funds from local government.

small businesses and persons other than businesses:

None--This rule amendment only clarifies the specific components in an exception request. It will not increase workload or require additional personnel or funds from small business.

Compliance costs for affected persons:

None--This rule amendment only clarifies the specific components in an exception request. It will not increase workload or require additional personnel or funds from consumers.

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

The department agrees that the proposed changes to this rule will have little to no detrimental impact on existing water systems or to new public water systems. 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
Drinking Water
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Bob Hart or Ying-Ying Macauley at the above address, by phone at 801-536-0054 or 801-536-4188, by FAX at 801-536-4211 or 801-536-4211, or by Internet E-mail at bhart@utah.gov or ymacauley@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:

05/01/2009

This rule may become effective on:

05/08/2009

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-105. Administration: General Responsibilities of Public Water Systems.

R309-105-6. Construction of Public Drinking Water Facilities.

The following requirements pertain to the construction of public water systems.

(1) Approval of Engineering Plans and Specifications

(a) Complete plans and specifications for all public drinking water projects, as described in R309-500-5, shall be approved in writing by the Executive Secretary prior to the commencement of construction. A 30-day review time should be assumed.

(b) Appropriate engineering reports, supporting information and master plans may also be required by the Executive Secretary as needed to evaluate the proposed project. A certificate of convenience and necessity or an exemption therefrom, issued by the Public Service Commission, shall be filed with the Executive Secretary prior to approval of any plans or specifications for projects described in R309-500-4(1) as new or previously un-reviewed water system[105-6(3)(a)].

(2) Acceptable Design and Construction Methods

(a) The design and construction methods of all public drinking water facilities shall conform to the applicable standards contained in R309-500 through R309-550 of these rules. The Executive Secretary may require modifications to plans and specifications before approval is granted.

(b) There may be times in which the requirements of the applicable standards contained in R309-500 through R309-550 are not appropriate. Thus, the Executive Secretary may grant an "exception" to portions of these standards if it can be shown that the granting of such an exception will not jeopardize the public health. In order for the Executive Secretary to consider such a request, the Division asks that it receive a written request directly from the management of the public dinking water system, preferably on system letterhead, that includes the following:

(i) citation of the specific rule for which the "exception" is being requested;

(ii) a detailed explanation, drawings may be included, of why the conditions of rule cannot be met;

(iii) what the system proposes, drawings may be included, in lieu of rule;

(iv) justification the proposed alternative will protect the public health to a similar or better degree than required by rule.

Physical conditions as well as cost may be justification for requesting an "exception-to-rule."

(c) Alternative or new treatment techniques may be developed which are not specifically addressed by the applicable standards contained in R309-500 through R309-550. These treatment techniques may be accepted by the Executive Secretary if it can be shown that:

(i) They will result in a finished water meeting the requirements of R309-200 of these regulations.

(ii) The technique will produce finished water which will protect public health to the same extent provided by comparable treatment processes outlined in the applicable standards contained in R309-204 and R309-500 through R309-550.

(iii) The technique is as reliable as any comparable treatment process governed by the applicable standards contained in R309-204 and R309-500 through R309-550.

(3) Description of "Public Drinking Water Project"

Refer to R309-500-5 for the description of a public drinking water project and R309-500-6 for required items to be submitted for plan approval.

(4) Specifications for the drilling of a public water supply well may be prepared and submitted by a licensed well driller holding a current Utah Well Driller's Permit if authorized by the Executive Secretary.

(5) Drawing Quality and Size

Drawings which are submitted shall be compatible with Division of Drinking Water Document storage. Drawings which are illegible or of unusual size will not be accepted for review. Drawing size shall not exceed 30" x 42" nor be less than 8-1/2" x 11".

(6) Requirements After Approval of Plans for Construction

After the approval of plans for construction, and prior to operation of any facilities dealing with drinking water, the items required by R309-500-9 shall be submitted and an operating permit received.

 

KEY: drinking water, watershed management

Date of Enactment or Last Substantive Amendment: [May 14, 2007]2009

Notice of Continuation: May 16, 2005

Authorizing, and Implemented or Interpreted Law: 19-4-104; 63-46b-4