DAR File No. 37366
This rule was published in the March 15, 2013, issue (Vol. 2013, No. 6) of the Utah State Bulletin.
Environmental Quality, Water Quality
Notice of Proposed Rule
DAR File No.: 37366
Filed: 02/28/2013 12:20:38 PM
Purpose of the rule or reason for the change:
Four definitions were added to support the concurrent changes related to biological water quality assessment criteria at Section R317-2-7. The numbering for the individual definitions was deleted to avoid having to change references throughout the water quality rules when a definition is added or deleted.
Summary of the rule or change:
Definitions were added for biological assessment, biological criteria, human-induced stressor, and use attainability analysis. The numbers for each definition in the section were deleted.
State statutory or constitutional authorization for this rule:
- Section 19-5-105
- Federal Clean Water Act Chapter 26 Sec. 1251, 1311
- Section 19-5-110
Anticipated cost or savings to:
the state budget:
No impact to state budget is anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect the state budget.
No impact to local government is anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect local governments.
No impacts to small businesses are anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect small businesses.
persons other than small businesses, businesses, or local governmental entities:
No impacts to other persons are anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect other persons.
Compliance costs for affected persons:
The proposed amendments add four definitions that do not add any requirements or cause actions that would affect compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
Four definitions were added to support the concurrent changes related to biological water quality assessment criteria at Section R317-2-7. The proposed amendments do not add any requirements or cause actions that would have a fiscal impact on businesses.
Amanda Smith, Executive Director, DEQ
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at email@example.com
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:
Interested persons may attend a public hearing regarding this rule:
- 04/03/2013 06:00 PM, Multi-State Office Building, 195 N 1950 W, Room 1015, Salt Lake City, UT
This rule may become effective on:
Walter Baker, Director
R317. Environmental Quality, Water Quality.
R317-1. Definitions and General Requirements.
1.1] "Assimilative Capacity" means the
difference between the numeric criteria and the concentration in
the waterbody of interest where the concentration is less than the
1.2] "Board" means the Utah Water
1.3] "BOD" means 5-day, 20 degrees C.
biochemical oxygen demand.
1.4] "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
1.5] "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] "CBOD" means 5-day, 20 degrees C.,
carbonaceous biochemical oxygen demand.
1.7] "COD" means chemical oxygen
1.8] "Deep well" means a drinking water
supply source which complies with all the applicable provisions of
the State of Utah Public Drinking Water Regulations.
1.9] "Digested sludge" means sludge in
which the volatile solids content has been reduced to about 50% by
a suitable biological treatment process.
1.10] "Division" means the Utah State
Division of Water Quality.
1.11] "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
1.12] "Effluent" means the liquid
discharge from any unit of a wastewater treatment works, including
a septic tank.
1.13] "Existing Uses" means those uses
actually attained in a water body on or after November 28, 1975,
whether or not they are included in the water quality
1.14] "Human pathogens" means specific
causative agents of disease in humans such as bacteria or
1.15] "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
1.16] "Influent" means the total
wastewater flow entering a wastewater treatment works.
1.17] "Great Salt Lake impounded
wetland" means wetland ponds which have been formed by dikes
or berms to control and retain the flow of freshwater sources in
the immediate proximity of Great Salt Lake.
1.18] "Large underground wastewater disposal
system" means the same type of device as an onsite wastewater
system except that it is designed to handle more than 5,000 gallons
per day of domestic wastewater, or wastewater that 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. The Board controls the installation of such systems.
1.19] "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
1.20] "Operating Permit" is a State
issued permit issued to any wastewater treatment works covered
R317-3 or R317-5 with the following exceptions:
A. Any wastewater treatment permitted under Ground Water Quality Protection R317-6.
B. Any wastewater treatment permitted under Underground Injection Control (UIC) Program R317-7.
C. Any wastewater treatment permitted under Utah Pollutant Discharge Elimination System (UPDES) R317-8.
D. Any wastewater treatment permitted under Approvals 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.
1.21] "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).
1.22] "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
1.23] "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.
1.24] "Sewage" is synonymous with the
term "domestic wastewater".
1.25] "Shallow well" means a well
providing a source of drinking water which does not meet the
requirements of a "deep well".
1.26] "Sludge" means the accumulation of
solids which have settled from wastewater. As initially
accumulated, and prior to treatment, it is known as "raw
1.27] "SS" means suspended solids.
1.28] 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.
1.29] "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).
1.30] "TSS" means total suspended
1.31] "Underground Wastewater Disposal
System" means a system for underground disposal of domestic
wastewater. It includes onsite wastewater systems and large
underground wastewater disposal systems.
1.32] "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).
1.33] "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.
1.34] "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).
KEY: water pollution, waste disposal, industrial waste, effluent standards
Date of Enactment or Last Substantive Amendment: [
September 26, 2012]
Notice of Continuation: October 2, 2012
Authorizing, and Implemented or Interpreted Law: 19-5
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130315.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at firstname.lastname@example.org.