DAR File No. 37857

Environmental Quality, Water Quality

Rule R317-401

Graywater Systems

Notice of Proposed Rule

(Amendment)

DAR File No.: 37857
Filed: 07/15/2013 04:53:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 passed in the 2012 General Legislative Session.

Summary of the rule or change:

The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 (2012). The majority of the proposed changes are editorial, largely consisting of replacing the term "Executive Secretary" with "Director". However, the amendments also make additional changes mandated by S.B. 21 (2012) which reflect the transfer of certain powers and duties from the Water Quality Board to the Director of the Division of Water Quality in the realm of permits, certifications, and other administrative authorizations.

State statutory or constitutional authorization for this rule:

• Section 19-5-104

Anticipated cost or savings to:

the state budget:

Enactment of these changes likely will not result in direct, measurable costs to the state budget as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

local governments:

Enactment of these changes likely will not result in direct, measurable costs for local governments as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

small businesses:

Enactment of these changes likely will not result in direct, measurable costs to small businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

persons other than small businesses, businesses, or local governmental entities:

Enactment of these changes likely will not result in direct, measurable costs to other persons as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

Compliance costs for affected persons:

Enactment of these changes likely will not result in direct, measurable compliance costs as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

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

Enactment of these changes likely will not result in direct, measurable costs to businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.

Amanda Smith, 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 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 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:

09/03/2013

This rule may become effective on:

09/10/2013

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-401. Graywater Systems.

R317-401-2. Definitions.

(a) "Graywater" is untreated wastewater, which has not come into contact with toilet waste. Graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, laundry tubs, etc., and does not include wastewater from kitchen sinks, photo lab sinks, dishwashers, garage floor drains, or other hazardous chemicals.

(b) Surfacing of graywater means the ponding, running off, or other release of graywater to or from the land surface.

(c) "The local health department" means a city-county or multi-county local health department established under Title 26A, which has been given approval by the [Utah Water Quality Board]Director to issue permits for graywater systems within its jurisdiction.

(d) "Bedroom" means any portion of a dwelling which is so designed as to furnish the minimum isolation necessary for use as a sleeping area. It may include, but not limited to, a den, study, sewing room, sleeping loft, or enclosed porch. Unfinished basements shall be counted as a minimum of one additional bedroom.

 

R317-401-3. Administrative Requirements.

(a) The local health department having jurisdiction must obtain approval from the [Utah Water Quality Board]Director to administer a graywater systems program, as outlined in this section, before permitting graywater systems.

(b) The local health department request for approval must include a description of its plan to properly manage these systems to protect public health. This plan must include:

(i) Documentation of:

(1) the adequacy of staff resources to manage the increased work load;

(2) the technical capability to administer the new systems including any training plans which are needed;

(3) the Local Board of Health and County Commission support this request; and

(4) the county's legal authority to implement and enforce correction of malfunctioning systems and its commitment to exercise this authority.

(ii) An agreement to:

(1) advise the owner of the system of the type of system, and information concerning risk of failure, level of maintenance required, financial liability for repair, modification or replacement of a failed system and periodic monitoring requirements;

(2) advise the building permitting agency of the approved graywater system on the property;

(3) provide oversight of installed systems;

(4) record the existence of the system on the deed of ownership for that property;

(5) issue a renewable operating permit at a frequency not exceeding five years with inspection of the permitted systems before renewal; or, inspect annually the greater of 20 per cent of all installed system or the minimum of ten installed systems; and

(6) maintain records of all installed systems, failures, modifications, repairs and all inspections recording the condition of the system at the time of inspection such as, but not limited to, overflow, surfacing, ponding and nuisance.

 

KEY: wastewater, graywater, drip irrigation

Date of Enactment or Last Substantive Amendment: [July 2, 2004]2013

Notice of Continuation: July 1, 2009

Authorizing, and Implemented or Interpreted Law: 19-5