DAR File No. 39508

Environmental Quality, Drinking Water

Section R309-550-10

Facility Design and Operation: Transmission and Distribution Pipelines

Notice of Proposed Rule

(Amendment)

DAR File No.: 39508
Filed: 07/13/2015 10:43:56 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to amend Section R309-550-10, Water Hauling, to reflect current Division of Drinking Water practice, which requires all public water systems, community and non-community, to submit proposals for water hauling to the director for approval. The current rule only requires non-community water systems to submit proposals for water hauling to the director for approval.

Summary of the rule or change:

The changes amend Section R309-550-10, Water Hauling, to require all public water systems to submit proposals for water hauling to the director of the Division of Drinking Water for approval. The current rule only requires non-community water systems to submit proposals for water hauling to the director. The amended rule would require community water systems and non-community water systems to obtain the director's approval to haul water.

State statutory or constitutional authorization for this rule:

• Title 19, Chapter 4, Subsection 104(1)(a)(ii)

Anticipated cost or savings to:

the state budget:

The proposed amendment should entail no costs or savings to the state budget. In practice, all public water systems submit proposals for water hauling to the director of the Division of Drinking Water for review and approval. The proposed amendment would simply codify current practice.

local governments:

The proposed amendment should entail no costs or savings to local governments. In practice, all public water systems submit proposals for water hauling to the director of the Division of Drinking Water for review and approval. The proposed amendment would simply codify current practice.

small businesses:

The proposed amendment should entail no costs or savings to small businesses. The rule only has the potential to affect small businesses as customers of public water systems or operators of public water systems. Since the proposed amendment codifies current practice concerning water hauling by public water systems, no new costs or savings will result. Also, a very small percentage of public water systems haul water.

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

The proposed amendment should entail no costs or savings to persons other than small businesses, businesses, or local government entities. It would only affect such persons as customers or operators of public water systems. Since the proposed amendment would result in no new costs or savings for public water systems, it would result in no costs or savings to those persons.

Compliance costs for affected persons:

Because the proposed amendment only codifies current practice as it relates to water hauling by public water systems, there are no new affected persons and therefore, no new compliance costs.

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

The proposed amendment would have no impact on businesses. The rule itself only applies to public water systems and would therefore only affect businesses as customers or operators of public water systems. Since the proposed amendment simply codifies existing practice related to water hauling by a very small minority of public water systems, it would have no new fiscal impacts.

Alan Matheson, 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 WaterRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Bernie Clark at the above address, by phone at 801-536-0092, by FAX at , or by Internet E-mail at bernieclark@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:

08/31/2015

This rule may become effective on:

09/07/2015

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-550. Facility Design and Operation: Transmission and Distribution Pipelines.

R309-550-10. Water Hauling.

Proposals for water hauling shall be submitted to, and approved by, the Director.

(1) Community Water Systems.

Water hauling is not an acceptable permanent source for drinking water distribution in Community Water Systems.

(2) Non-Community Systems.

The Director may allow water hauling for Non-Community Public Water Systems by special approval if:

(a) consumers can not otherwise be supplied with good quality drinking water; or,

(b) the nature of the development, or ground conditions, are such that the placement of a pipe distribution system is not justified.

[Proposals for water hauling shall be submitted to, and approved by, the Director.

] (3) Emergencies.

Water hauling may be a temporary means of providing drinking water in an emergency. Water systems shall notify the Division as soon as possible of such emergencies.

 

KEY: drinking water, transmission and distribution pipelines, connections, water hauling

Date of Enactment or Last Substantive Amendment: [November 10, 2014]2015

Notice of Continuation: March 13, 2015

Authorizing, and Implemented or Interpreted Law: 19-4-104