DAR File No. 32779

Environmental Quality, Water Quality

R317-401

Graywater Systems

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32779
Filed: 07/01/2009, 03:36
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Water Quality Board is authorized by Subsection 19-5-104(1)(f) to make rules in order to implement or effectuate the powers and duties of the board. Powers and duties of the board include: 1) review of plans, specifications, or other data relative to disposal systems or any part of disposal systems; 2) protect the public health for the design, construction, operation, and maintenance of underground wastewater disposal systems; and 3) develop programs for the prevention, control, and abatement of new or existing pollution of the waters of the state.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

This rule was first promulgated 07/02/2004. The rule was developed in response to a growing number of inquires about allowing graywater for landscape irrigation. The Division of Water Quality staff worked with the Conference of Local Environmental Health Administrators (CLEHA) Onsite Wastewater Partnership to develop an acceptable approach for administering a graywater program. Comments received during the public notice period of the rule where of a technical nature and were summarized and addressed by staff through a responsiveness summary presented to the Water Quality Board.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule was developed in response to a number of inquires from the public and local health departments regarding the use, under certain conditions, of graywater originating from laundries, showers, tubs, and lavatories for subsurface irrigation. The rule sets out the requirements for use of graywater and is required for adequate protection of the state's water resources. Therefore, this rule should be continued.

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

Authorized by:

Walter Baker, Director