DAR File No. 39640

Environmental Quality, Drinking Water

Section R309-500-6

Plan Approval Procedure

Notice of Proposed Rule

(Amendment)

DAR File No.: 39640
Filed: 09/03/2015 02:00:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amend Section R309-500-6 to add a new feature to the Plan Submittal Waiver requirements permitting water systems eligible for Subsection R309-500-6(3)(b) waivers to obtain after-the-fact waivers for multiple projects. Permitting water systems eligible for Plan Submittal Waivers to obtain multi-project after-the-fact waivers would reduce the burden on public water systems to obtain individual waivers and reduce the review time for the Division of Drinking Water, while assuring accountability and compliance with the notification requirements of the waiver rule.

Summary of the rule or change:

Revise Subsection R309-500-6(3)(b) to permit public water systems that are eligible for Plan Submittal Waivers based on water line size and system population to request after-the-fact waivers for multiple water line projects by submitting required information about the projects to the Director once a year. Revise Subsection R309-500-6(4)(a)(i) to list the basic information required to be included in the project description of all water line projects for which waivers are requested. This information will be required for individual waivers requested before construction and for multiple-project waivers submitted after construction. Revise Subsection R309-500-6(4) to add a new paragraph (b) to describe the process required for using after-the-fact waivers, including what must be submitted, when it must be submitted, how it must be submitted, and what records must be kept during the year while the projects are being constructed.

State statutory or constitutional authorization for this rule:

• Subsection 19-4-104(1)(a)(ii)

Anticipated cost or savings to:

the state budget:

The proposed amendment should entail no costs or savings to the state budget. The proposed amendment permits water systems to use certain Plan Submittal Waivers after the completion of construction of multiple water line projects. The new waiver process will probably reduce the amount of time required to review waiver requests by the Division of Drinking Water. However any associated savings will likely be subsumed by additional plan review work and therefore no savings would be available to the state budget.

local governments:

The proposed amendment should entail no costs to local governments and could result in small savings, which are impossible to quantify, to certain local governments that own or operate Public Water Systems. Local governments that own or operate Public Water Systems that are eligible to use Plan Submittal Waivers for water line projects, construct multiple water line projects throughout the year, and take advantage of the proposed new method to use the waivers could realize some savings in the time and paperwork required to obtain Plan Submittal Waivers. The financial savings are likely to be small. The reduction in paperwork would be the primary benefit.

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 or operators of Public Water Systems. The benefit of the proposed amendment would pertain to Public Water Systems that are eligible to use Plan Submittal Waivers for water line projects, construct multiple water line projects throughout the year, and take advantage of the proposed new method to use the waivers. Such Public Water Systems could realize some savings in the time and paperwork required to obtain Plan Submittal Waivers. The financial savings are likely to be small.

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. Public Water Systems that are eligible to use Plan Submittal Waivers for water line projects, construct multiple water line projects throughout the year, and take advantage of the proposed new method to use the waivers could realize some savings in the time and paperwork required to obtain Plan Submittal Waivers. The financial savings are likely to be small.

Compliance costs for affected persons:

Persons affected by the proposed amendment to Section R309-500-6 would be owners, operators, and customers of Public Water Systems. The proposed amendment imposes no new compliance costs on these affected persons.

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

The proposed amendment would have no fiscal 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 imposes no new costs upon Public Water Systems, there are no new fiscal impacts associated with the amendment.

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:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-500. Facility Design and Operation: Plan Review, Operation and Maintenance Requirements.

R309-500-6. Plan Approval Procedure.

(1) Project Notification.

The Division shall be notified prior to the construction of any "public drinking water project" as defined in R309-500-5(1) above. The notification may be prior to or simultaneous with submission of construction plans and specifications as required by R309-500-6(2) below. Notification shall be made on a form provided by the Division.

(2) Pre-Construction Requirements.

All of the following shall be accomplished before construction of any public drinking water project begins:

(a) Plans and specifications for a public drinking water project shall be submitted to the Division at least 30 days prior to the date on which action is desired.

(b) Required submittals may include engineering reports, hydraulic analyses of the existing system and additions, local requirements for fire flow and duration, proximity of sewers and other utilities, water consumption data, supporting information, evidence of rights-of-way and reference to any previously submitted master plans pertinent to the project, a description of a program for keeping existing water works facilities in operation during construction so as to minimize interruption of service, etc.

(c) Plans and specifications submitted shall be complete and sufficiently detailed for actual construction. Plans and specifications shall also adequately identify and address any conflicts or interferences.

(d) Drawings that are illegible or of unusual size will not be accepted for review.

(e) The plans and specifications shall be stamped and signed by a licensed professional engineer as required by Section 58-22-602(2) of the Utah Code.

(f) If construction or the ordering of substantial equipment has not commenced within one year of Plan Approval, a renewal of the Plan Approval shall be obtained prior to proceeding with construction.

(3) Eligibility for Plan Submittal Waivers.

In lieu of submitting plans and specifications for Plan Approval and obtaining Operating Permits, public water systems may request Plan Submittal Waivers for two types of water line projects (excluding booster pump stations) after first becoming eligible to request the waivers. The Director will issue written notification that a public water system is eligible to request the Plan Submittal Waivers described in R309-500-6(3)(a) and (3)(b) if the information provided is acceptable.

(a) Water Line Projects Included in an Approved Master Plan. To become eligible to request this type of waiver, a public water system must submit standard installation drawings, which meet the requirements in R309-550, and a master plan, which is supported by a hydraulic analysis, to the Director for approval.

(b) Water Line Projects Included in (i) through (iii) below. To become eligible to request this type of waiver, a public water system must submit the following in writing to the Director: standard installation drawings that meet the requirements of R309-550, the name of the professional engineer responsible for design of the entire water system, and the name of the professional engineer responsible for oversight of the hydraulic analysis for the entire water system.

(i) Water lines less than or equal to 8 inches in diameter in water systems providing water to a population less than 3,300;

(ii) Water lines less than or equal to 12 inches in diameter in water systems providing water to a population between 3,300 and 50,000; or

(iii) Water lines less than or equal to 16 inches in diameter in water systems providing water to a population greater than 50,000.

Public water systems eligible for Plan Submittal Waivers per R309-500-6(3)(b) may request an after-the-fact Plan Submittal Waiver for multiple water line projects by submitting the required information to the Director annually per R309-500-6(4)(b).

(4) Using Plan Submittal Waivers.

(a) Plan Submittal Waivers Prior to Construction.

After becoming eligible to request Plan Submittal Waivers per R309-500-6(3), a public water system must complete the following when requesting a Plan Submittal Waiver for a n individual water line project prior to construction:

([a]i) Submit a complete Project Notification Form describing the project , including pipe length, diameter, material, and joint type; project location; number of new service connections; whether minimum separation requirements between water lines and sewer lines in R309-550-7 will be met for the proposed water line project; and specifying which Plan Submittal Waiver, R309-500-6(3)(a) or R309-500-6(3)(b), is being requested;

([b]ii) For projects that will have a hydraulic impact, submit a certification of hydraulic analysis by a professional engineer per R309-511-6(1) indicating that the design will not result in unacceptable pressure and flow conditions (including fire flow if fire hydrants are installed);

([c]iii) Submit a certification by a professional engineer, who is responsible for the design and construction of the project or has been designated by the water system in writing as the professional engineer directly responsible for the design of the entire water system, indicating that design and construction will meet the requirements of R309-500 through 550, that proper flushing and disinfection will be completed according to the appropriate ANSI/AWWA standard, that satisfactory bacteriological sample results will be obtained prior to placing the facilities into service, and that the water system will receive a copy of as-built or record drawings;

([d]iv) Obtain a written Plan Submittal Waiver, in lieu of Plan Approval, from the Director prior to the start of construction; and

([e]v) Comply with the conditions in R309-500-6(4)([c]a) (iii) prior to placing the new facilities into service.

(b) After-the-Fact Plan Submittal Waivers.

After becoming eligible to request Plan Submittal Waivers per R309-500-6(3)(b), a public water system may choose to obtain an after-the-fact waiver for multiple water line projects by complying with the following requirements:

(i) Water systems shall submit a single copy of each item listed above in R309-500-6(4)(a)(i) through (iii) to the Director by January 31 of each year.

(ii) The single Project Notification Form and the required certifications shall include the information required per R309-500-6(4)(a)(i) for each water line project completed during the previous calendar year that has not received a Plan Submittal Waiver.

(iii) Water systems shall maintain an up-to-date record tracking the water line project information required per R309-500-6(4)(a)(i) through (iii) for each project completed during the year that has not received a Plan Submittal Waiver but will be included in the annual after-the-fact waiver request. Water systems shall make the water line project tracking record available for Division review upon request.

 

KEY: drinking water, plan review, operation and maintenance requirements, permits

Date of Enactment or Last Substantive Amendment: [ July 15, ]2015

Notice of Continuation: March 13, 2015

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