DAR File No. 32806

Environmental Quality, Drinking Water

R309-100

Administration: Drinking Water Program

NOTICE OF PROPOSED RULE

DAR File No.: 32806
Filed: 07/09/2009, 04:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is to address the changes required by the Groundwater Requirements (Section R309-215-16). There are a total of seven amendments that address these rules (Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309-225). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendment to Rule R309-100 is under DAR No. 32806, to Rule R309-105 is under DAR No. 32807, to Rule R309-110 is under DAR No. 32808, to Rule R309-205 is under DAR No. 32810, to Rule R309-215 is under DAR No. 32812, to Rule R309-220 is under DAR No. 32813, and to Rule R309-225 is under DAR No. 32814 all in this issue, August 1, 2009, of the Bulletin.)

Summary of the rule or change:

This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address how often sanitary surveys must be done, what components of a public water system must be evaluated during a sanitary survey, and requirements for corrective action.

State statutory or constitutional authorization for this rule:

Section 19-4-104, and 40 CFR 141 subpart S

Anticipated cost or savings to:

the state budget:

Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000.

local governments:

For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually.

small businesses and persons other than businesses:

Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year.

Compliance costs for affected persons:

Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.

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

The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, 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:

Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@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:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-100. Administration: Drinking Water Program.

R309-100-2. Authority.

This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104 of the Utah Code and in accordance with [63-46a]63G-3 of the same, known as the Administrative Rulemaking Act.

 

R309-100-7. Sanitary Survey, [and ]Evaluation, and Corrective Action of Existing Facilities.

(1) The Executive Secretary, after considering information gathered during sanitary surveys and facility evaluations, may make determinations of regulatory significance including: monitoring reductions or increases, treatment, variances and exemptions.

(2) CONDUCTING SANITARY SURVEYS

(a) The Executive Secretary shall ensure a sanitary survey is conducted at least every three years on all public water systems[ except transient non-community water systems that use only protected and disinfected ground water]. The Executive Secretary may reduce this frequency to once every five years based on outstanding performance on prior sanitary surveys.[ The Executive Secretary shall ensure a sanitary survey is conducted at least every ten years on all transient non-community water systems that use only disinfected ground water from protected ground water zones as designated under R309-600. The Executive Secretary shall conduct an initial sanitary survey by June 29, 1994, on community water systems that do not collect five or more routine bacteriologic samples per month and by June 29, 1999, on non-transient non-community and transient non-community water systems.]

(b) Sanitary surveys conducted by the following individuals under the circumstances as listed, may be used by the Executive Secretary for the above determinations:

(i) Division of Drinking Water personnel;

(ii) Utah Department of Environmental Quality District Engineers;

(iii) local health officials;

(iv) Forest Service engineers;

(v) Utah Rural Water Association staff;

(vi) consulting engineers; and

(vii) other qualified individuals authorized in writing by the Executive Secretary.

(3) Public water systems must provide the Executive Secretary, at the Executive Secretary's request, any existing information that will enable the State to conduct a sanitary survey.

(4) For the purposes of this subpart, a "sanitary survey", as conducted by the Executive Secretary, includes but is not limited to, an onsite review of the water source(s) (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water.

(5) The sanitary survey must include an evaluation of the applicable components listed in paragraphs (5)(a) through (h) of this section:

(a) Source,

(b) Treatment,

(c) Distribution system,

(d) Finished water storage,

(e) Pumps, pump facilities, and controls,

(f) Monitoring, reporting, and data verification,

(g) System management and operation, and

(h) Operator compliance with State requirements.

[(3)](6) CONDITIONS ON CONDUCT OF SANITARY SURVEYS

In order for the groups of individuals listed in R309-100-7(2)(b) to conduct sanitary surveys acceptable for consideration by the Executive Secretary, the following criteria must be met:

(a) Surveys of all systems involving complete treatment plants must be performed by Division of Drinking Water staff or others authorized in writing by the Executive Secretary;

(b) Local Health officials may conduct surveys of systems within their respective jurisdictions;

(c) U.S. Forest Service (USFS) engineers may conduct surveys of water systems if the system is owned and operated by the USFS or USFS concessionaires;

(d) Utah Rural Water Association staff may conduct surveys of water systems if the system's population is less than 10,000;

(e) Consulting Engineers under the direction of a Registered Professional Engineer;

(f) Other qualified individuals who are authorized in writing by the Executive Secretary may conduct surveys.

[(4)](7) SANITARY SURVEY REPORT CONTENT

The Executive Secretary will prescribe the form and content of sanitary survey reports and be empowered to reject all or part of unacceptable reports.

[(5)](8) ACCESS TO WATER FACILITIES

Department of Environmental Quality employees after reasonable notice and presentation of credentials, may enter any part of a public water system at reasonable times to inspect the facilities and water quality records, conduct sanitary surveys, take samples and otherwise evaluate compliance with Utah's drinking water rules. All others who have been authorized by the Executive Secretary to conduct sanitary surveys must have the permission of the water system owner or designated representative before a sanitary survey may be conducted.

(9) CORRECTIVE ACTION

Public water systems must comply with requirements found in R309-215-16(3)(a)(iii), R309-215-16(3)(iv), R309-215-16(3)(a)(v), R309-215-16(3)(a)(vi), and R309-215-16(3)(vii).

[(6)](10) Refer to R309-100-8 and R309-105-6 for further requirements.

 

R309-100-8. Rating System.

The Executive Secretary shall assign a rating to each public water supply in order to provide a concise indication of its condition and performance. The criteria to be used for determining a water system's rating shall be as set forth in R309-[150]400.

 

R309-100-9. Orders and Emergency Actions.

(1) In situations in which a public water system fails to meet the requirements of these rules, the Board or the Executive Secretary may issue an order to a water supplier to take appropriate protective or corrective measures.

(2) Failure to comply with these rules or with an order issued by the Executive Secretary or the Board may result in the imposition of penalties as provided in the Utah Safe Drinking Water Act.

(3) The Executive Secretary may respond to emergency situations involving public drinking water, including emergency situations as described in R309-105-18, in a manner appropriate to protect the public health. The Executive Secretary's response may include the following:

(a) Issuing press releases to inform the public of any confirmed or possible hazards in their drinking water.

(b) Ordering water suppliers to take appropriate measures to protect public health, including issuance of orders pursuant to [63-46b-20]63G-4-502, if warranted.

 

KEY: drinking water, environmental protection, administrative procedures

Date of Enactment or Last Substantive Amendment: [September 13, 2005]2009

Notice of Continuation: May 16, 2005

Authorizing, and Implemented or Interpreted Law: 19-4-104; [63-46b-4]63G-4-202