DAR File No. 40442

Health, Disease Control and Prevention, Environmental Services

Rule R392-400

Temporary Mass Gatherings Sanitation

Notice of Proposed Rule

(Amendment)

DAR File No.: 40442
Filed: 05/23/2016 01:31:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to Rule R392-400 update the sanitation requirements for temporary mass gatherings.

Summary of the rule or change:

Citations to authorizing statutes now include Sections 26-1-5 and 26-1-30. The definition of a temporary mass gathering is changed to be 1,000 people for 2 hours or more per day. The definitions for "operator" and "wastewater" are clarified. Changes are made to accommodate the change from 500 to 1,000 people. Temporary mass gathering limits are changed from 30 days to 16 consecutive days. Requirements for medical personnel are clarified and simplified. Information to be included in applications is updated. Requirements for how permitting by the local health departments is accomplished and a subsection pertaining to appeals are removed as such requirements fall outside the purview of Title 26 and are covered in Title 26a. Parking areas are now included as part of an event site, which would be required to be kept clean and in good repair. Changes are made to solid waste, site maintenance, drinking water, and waste water requirements.

State statutory or constitutional authorization for this rule:

• Section 26-1-5
• Section 26-15-2
• Section 26-1-30

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings at the state level. Any costs or savings will come out of existing budgets.

local governments:

There may be a loss of permit fees to local health departments or other municipal entities using this rule due to fewer permits needing to be issued. Any costs or savings will come out of existing budgets. There are no anticipated costs or savings for existing events currently in compliance with this rule.

small businesses:

There are no anticipated costs for existing events currently in compliance with this rule. There may be savings to businesses due to fewer permits being required, including permits for events across multiple health department jurisdictions. Permit costs may vary depending on the duration, type, and location of events but are likely no more than $500 each. The number of permits to not be issued cannot be calculated due to a lack of data. Due to this, a savings estimate cannot be calculated.

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

There are no anticipated costs for existing events currently in compliance with this rule. There may be savings due to fewer permits being required, including permits for events across multiple health department jurisdictions. Permit costs may vary depending on the duration, type, and location of events but are likely no more than $500 each. The number of permits to not be issued cannot be calculated due to a lack of data. Due to this, a savings estimate cannot be calculated.

Compliance costs for affected persons:

These changes may affect fun runs specifically. The change in definition of a temporary mass gathering may require fewer permits needing to be issued, resulting in a possible savings for those persons. There are no anticipated additional costs associated with these changes.

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

Businesses will be fiscally impacted in that fewer permits will be required for such events.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at [email protected]

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:

07/15/2016

This rule may become effective on:

07/22/2016

Authorized by:

Joseph Miner, Executive Director

R392. Health, Disease Control and Prevention, Environmental Services.

R392-400. Temporary Mass Gatherings Sanitation.

R392-400-1. Authority.

This rule is authorized under Utah Code Sections 26-15-2 , 26-1-5 and 26-1-30.

 

R392-400-2. Purpose.

It is the purpose of this rule:

(1) to protect, preserve and promote the[physical] health and safety of the public;

(2) to prevent and control the incidence of communicable diseases;

(3) to reduce hazards to health and environment;

(4) to maintain adequate sanitation and public health; and

[(5) to protect the safety of the public; and]

([6]5) to promote the general welfare of the public.

 

R392-400-3. Definitions.

(1) "Department" means the Utah Department of Health (UDOH).

(2) "Director" means the executive director of the Utah Department of Health or the executive director's designee.

(3) "Drinking Water Station" means a location where a person may obtain safe drinking water free of charge.

(4) "Emergency Medical Provider" means the same as Emergency Medical Services Provider as defined in 26-8a-102.

([4]5) "First Aid Station" means a temporary or permanent enclosed space or structure where a person can receive first aid and emergency medical care.

([5]6) "Health Officer" means the director of the local health department having jurisdiction or the health officer's designee.

([6]7) "Operator" means a person who represents a[,] group, corporation, partnership, governing body, association, or other public or private organization legally responsible for obtaining the necessary permits for the overall operation of a temporary mass gathering.

([7]8) "Owner" means any person who alone, jointly, or severally with others:

(a) has legal title to any premises, with or without accompanying actual possession thereof or;

(b) has charge, care, or control of any premises, as legal or equitable owner, agent of the owner, or lessee.

([8]9) "Permit" means a written form of authorization written in accordance with this rule.

([9]10) "Person" means any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the State or its departments, institution, bureau, agency, county, city, political subdivision, or any legal entity recognized by law.

([10]11) "Safe Drinking Water" means potable water meeting State safe drinking water rules or bottled water as regulated by the Utah Department of Agriculture and Food.

[(11) "Safe Drinking Water System" means a system for delivering safe drinking water that is approved by the local health officer.]

(12) "Solid Waste" means garbage, refuse, trash, rubbish, hazardous waste, dead animals, sludge, liquid or semi liquid waste, other spent, useless, worthless, or discarded materials or materials stored or accumulated for the purpose of discarding, materials that have served their original intended purpose.

(13) "Staff' means any person who:

(a) works for or provides services for or on behalf of the operator or a vendor, or

(b) is a vendor at a gathering.

(14) "Temporary Mass Gathering" or "Gathering" means an actual or reasonably anticipated assembly of [500]1000 or more people, which continues or can reasonably be expected to continue for two or more hours per day, at a site or sites for a purpose different from the designed use and usual type of occupancy. A temporary mass gathering does not include an assembly of people at a location with permanent facilities designed for that specific assembly, unless the designed occupancy levels are exceeded.

(15) "Vendor" means any person who sells or offers food for public consumption.

(16) "Wastewater" means used water or water carried wastes[ produced by man, animal, or fowl].

 

R392-400-4. Permit To Operate Required.

(1) A person may not operate a temporary mass gathering without a valid written permit issued by the health officer.

(2) The health officer may exempt a parade from the permit requirement if the operator submits an application as required in Section R392-400-6 and the health officer determines that the availability of existing public sanitary facilities, drinking water and trash containers is sufficient to protect public health.

(3) A temporary mass gathering may not exceed [30]16 consecutive days unless otherwise approved by the health officer.

(4) The health officer may attach conditions or grant waivers to a permit, in accordance with this rule, in order to meet specific public health and safety concerns.

 

R392-400-5. Gathering Operator Required On Site.

(1) The operator shall establish a headquarters at the gathering site.

(2) The operator or the operator's designee shall be present at the gathering at all times during operating hours.

 

R392-400-6. Permit Application Required.

(1) The health officer shall prescribe the application process, and shall require the applicant to submit an application at least 15 days prior to the first advertisement of the gathering and at least 30 days prior to the first day of the gathering. The health officer may grant an exception to this requirement on a case by case basis because of the nature of the event, scarcity of problems associated with the event in the past or other public health related criteria.

(2) An application for a permit shall be [in writing]submitted to the health officer and include the following information:

(a) name, address, telephone number, email and fax number (if applicable) of the operator;

(b) number of people expected to attend the gathering;

(c) a description of the type of gathering to be held with the date(s) and times the gathering will be held;

(d) estimated length of stay of attendees;

(e) name, address, telephone number, email and fax number (if applicable) of property owner;

(f) location of the gathering and a site plan delineating the area where the gathering is to be held including the following:

(i) the parking area available for patrons;

(ii) location of entrance, exit, and interior roadways and walks;

(iii) location, type, and provider of restroom facilities;

(iv) location and description of water stations;

(v) location and number of food stands, and the types of food to be served if known;

(vi) location, number, type, and provider of solid waste containers;

(vii) location of operator's headquarters at the gathering;

(viii) a plan to provide lighting adequate to ensure the[ comfort and] safety of attendees and staff;

(ix) location of all parking areas designated for the gathering and under the operator's control.

(x) location of all first aid stations and emergency medical resources.

(g) the name of the solid and liquid waste haulers with whom the operator has contracted, unless exempted by this rule;

(h) a site clean up plan after the gathering;

(i) total number, and qualifications of first aid station personnel;

(j) plan for directional and exit signs;

(k) a plan developed by the operator to address nuisances or health hazards associated with animals present at the gathering;

(l) plans to address hazardous conditions as required in Section R392-400-[13]12;

(m) information and plans on any artificially constructed structure or modified natural structure intended for recreational or therapeutic purposes where the public may be exposed to water via contact, ingestion, or aerosolization.

([m]n) emergency medical services operational plan [approved by the local licensed emergency medical services agency director, including the location of all first aid stations and emergency medical resources]and the contact information of the emergency medical provider;

([n]o) any other information specifically requested by the health officer as necessary to protect public health.

[(3) The health officer shall require a separate application for each temporary mass gathering.

(4) The health officer shall consider the proximity and risk of known health hazards when determining the acceptability of a proposed gathering site.

 

R392-400-7. Permit.

(1) The health officer may attach conditions or grant waivers to a permit, in accordance with this rule, in order to meet specific public health and safety concerns.

(2) The health officer may deny a permit for any of the following reasons:

(a) failure of the applicant to show that the gathering will be held or operated in accordance with the requirements and standards of this rule;

(b) submission of incorrect, incomplete, or false information in the application ;

(c) the gathering will be in violation of law.

(3) The health officer shall return a denied permit application to the applicant within 5 working days of submission, specifying the basis for denial in writing.

(4) The applicant may appeal a denied permit in accordance with the procedures established by the local Board of Health.]

 

R392-400-[8]7 . Inspections.

(1) The [director and ]health officer may conduct inspections before, during, and after a gathering to ensure compliance with R392-400 and approved plans.

(2) The operator shall provide the [director and ]health officer with access to all areas of the gathering that the[director and] health officer deem necessary and the number of access credentials they request.

(3) The operator shall effectively communicate the [director's and ]health officer's access privileges to staff.

 

R392-400-[9]8 . Notice Of Violation Or Closing.

(1) The health officer may issue a notice of violation to the owner, operator or the operator's designee if the gathering fails to meet the requirements of this rule or the conditions of the permit.

(2) The health officer shall, in accordance with R392-100 Food Service Sanitation, direct the disposition of any food items, including ice and water, that have been adulterated or are otherwise unfit for human consumption.

(3) The health officer may issue a notice of closure of the gathering or part thereof to the owner, operator or the operator's designee if the health officer determines that conditions at the gathering constitute a serious or imminent health hazard.

(4) No gathering site or part thereof that has been closed may be used for a gathering until the [department or ]health officer determines that the conditions causing the closure have been abated and written approval is received from the [department or ]health officer. The [director or ]health officer shall remove the posted notice whenever the violation(s) upon which closing, and posting were based has been remedied.

(5) No unauthorized person may deface or remove a posted notice from any gathering site that has been closed by the [director or local ]health officer.

(6) The operator may appeal a notice or closure in accordance with the procedures established by the local Board of Health or the Utah Administrative Procedures Act, whichever is applicable.

 

R392-400-[10]9 . Solid Waste Management.

(1) The operator shall contract with a solid waste hauler approved by the health officer.[The operator is exempt from this requirement if the operator is approved by the health officer as a solid waste hauler and is identified as the solid waste hauler for the gathering. The health officer shall establish written criteria for approving a solid waste hauler.]

(2) The operator shall provide and strategically locate a sufficient number of covered waste containers approved by the health officer to effectively accommodate the solid waste generated at the gathering.

(a) The operator shall provide waste containers next to the hand wash stations.

(3) The operator shall ensure that the waste containers are emptied as often as necessary to prevent overflowing, littering, or insect or rodent infestation.

(4) The operator shall ensure that solid waste [and litter are]is cleaned from the property periodically during the gathering and that, within 24 hours following the gathering, the property is free of solid waste and is clean. [On a case by case basis, t]The health officer may allow for more than 24 hours to clean up the site because of the time of year, nature of the event or other extenuating circumstances if the health officer is satisfied that the extension will not adversely affect[ the] public health

(5) The operator shall ensure that [litter]solid waste is prevented from being blown from the gathering site onto adjacent properties.

(6) The operator shall ensure that all solid waste is collected and disposed of at a solid waste disposal or recycling facility meeting State and local solid waste disposal facility requirements.

(7) The operator, staff, participants, and spectators shall comply with all applicable State and local requirements for solid waste management.

 

R392-400-[11]10 . Site Maintenance.

(1) All buildings[ or], structures and overnight parking provided for the gathering shall be maintained [in a ]safe, clean[condition], in good repair, and [in compliance with]shall comply with all applicable laws.

[(2) A gathering that provides overnight parking for occupied recreational vehicles in connection with the gathering, shall comply with R392-301 Recreational Vehicle Park Sanitation and local recreational vehicle parks regulations.]

(3) The operator shall eliminate any infestation of vermin within any part of a structure intended for occupancy, food storage, or restroom facilities prior to, during, and immediately following a gathering.

(4) The operator is responsible for the maintenance and [sanitary condition]sanitation of the gathering site and facilities. The operator shall [prevent the ]take steps to prevent and abate [occurrence of ]any nuisance [and immediately take steps to cause the abatement of any nuisance ]or insanitary condition [that]which may develop.

(5) A gathering site shall be constructed to provide surface drainage adequate to prevent flooding of the gathering site and to prevent water related nuisances on adjacent properties.

(6) Sufficient signs shall identify and show the location of first aid, restroom and drinking water facilities so spectators and participants can readily find them from any place on the gathering site.

(7) The operator shall provide lighting adequate to ensure the [comfort and ]safety of attendees.

(8) All parking areas used for the gathering and under the control of the gathering operator must meet the requirements of this rule.

 

R392-400-[12]11 . Emergency Medical Care Requirements.

(1) The operator shall ensure that the gathering has at least one first aid station. Emergency medical care and necessary supplies and equipment shall be provided as determined by the emergency medical provider and the emergency medical operations plan. The health officer or [local licensed emergency medical services agency director(s)]emergency medical provider may require more than one first aid station[as they deem necessary because of the nature of the event, time of year, risk of injuries or other public health and safety needs].

[(2) First aid stations shall contain the following minimum equipment and maintain the minimum levels over the duration of the gathering:

(a) 1 Bag mask ventilation unit with adult, child, and infant mask sizes

(b) 3 Oropharyngeal airways, adult, child, and infant sizes

(c) 1 Pocket mask

(d) 1 portable oxygen apparatus (tank, regulator, case)

(e) 1 Oxygen extension tubing

(f) 2 adult and 1 child nasal cannula

(g) 2 adult and 1 child non-rebreather mask

(h) 1 adult and 1 child blood pressure cuff

(i) 1 stethoscope

(j) 2 pillows

(k) 2 emesis basins

(l) 4 blankets

(m) 4 sheets

(n) 12 towels

(o) six 5x9 or 8x10 trauma dressings

(p) thirty 4x4 gauze dressings

(q) 12 kerlix or other roller bandage

(r) 3 roles of adhesive tape

(s) 3 cervical collars, 1 regular, 1 no-neck, one pediatric

(t) 1 back board with straps

(u) 6 non-traction extremity splints (e.g.,cardboard, ladder, SAM splints, air splints)

(v) 10 triangular bandages

(w) 2 pair of shears

(x) 1 obstetrical kit

(y) 2 pen lights

(z) 100 assorted bandaids

(aa) 1 traction splint

(bb) 2 tubes of oral glucose

(cc) 1 box of exam gloves

(dd) 4 biohazard bags

(ee) 1 portable suction device

(ff) 1 basic life support jump kit for every 2 gathering medical providers

(gg) 1 automatic external defibrillator

(hh) 1 examination table, cot or bed.]

([3]2) First aid stations shall afford privacy to a person receiving care or treatment.

([4]3) First aid stations shall be of sufficient size to accommodate the number of care givers required, and the predicted number of sick or injured persons.

([5]4) First aid stations shall be strategically located to provide expedient medical care for those attending or participating in the gathering.

([6]5) First aid stations shall be easily accessible by emergency vehicles. The operator shall provide the [local licensed emergency medical services director(s)]emergency medical provider a map of the gathering site which includes location of first aid stations, emergency vehicle ingress and egress routes, landing zones (if applicable) and rendezvous locations.

([7]6) A first aid station shall be clearly marked and identifiable as a first aid station.

([8]7) [At least two state-licensed or certified medical providers, such as an emergency medical technician, paramedic, nurse, physician's assistant or medical doctor shall be present to staff each first aid station. A gathering having more than 2,500 attendees shall have at least two additional emergency medical providers for each additional 5,000 attendees or fraction thereof.]The health officer or [local licensed emergency medical services agency director(s)]emergency medical provider may require additional emergency medical services personnel as deemed necessary[because of the nature of the event, time of year, risk of injuries or other public health and safety needs].

[(9) First aid stations shall be staffed by individuals meeting the following minimum requirements:

(a) is at least 18 years of age;

(b) has a current state license or certification showing competency to be an emergency medical technician, paramedic, nurse, physician's assistant or physician.]

([10]8) The operator shall ensure that [the]all medical staff have access to telephones or radios to contact outside emergency medical services.[The operator shall provide the local licensed emergency medical services director(s) the telephone numbers and radio frequencies for accessing the gathering medical providers.]

([11]9) The local health officer or [local licensed emergency medical services agency director]emergency medical provider may require the operator to provide dedicated stand-by ambulances and personnel at the gathering.[The operator will be financially responsible for the costs of funding dedicated stand-by ambulances and personnel, but not for the costs of providing transportation services to individual patients.]

([12]10) The operator shall ensure that the staff person in charge of the first aid station keeps accurate records of patients and treatment, and that the health officer is notified of all cases involving a serious injury or communicable disease in accordance with R386-702 Communicable Disease Rule and R386-703 Injury Reporting Rule.

[(13) The operator shall ensure that the staff person in charge of the first aid station completes a Department approved pre-hospital care form showing all assistance given each person attended and that these forms are submitted to the Department within 72 hours following the gathering.]

 

R392-400-[13]12 . Hazardous Conditions.

The operator shall develop contingency plans for dangerous conditions which may occur during the gathering. The plans may include evacuation, cancellation or delay of the gathering and provision for support facilities.

 

R392-400-[14]13 . Food Protection.

(1) The operator and vendors shall comply with R392-100 Food Service Sanitation.

(2) The operator shall assure that food vendors obtain required food service operating permits from the health officer.

 

R392-400-[15]14 . Safe Drinking Water Supply Requirements.

(1) The operator shall ensure that all drinking water is from a state-approved [safe ]drinking water [supply]system or commercially bottled water meeting 21 CFR 129 (April 1, 2015) and 21 CFR 165.110 (April 1, 2015) [approved by]from a company registered with the U.S. Food and Drug Administration and the Utah Department of Agriculture and Food.

(2) [Safe d]Drinking water hauled to the gathering shall be hauled and dispensed in a manner that protects public health as determined by the health officer.

(3) The operator shall provide water free of charge and strategically locate drinking water stations to effectively meet the drinking water needs of attendees and staff.

(4) At least four drinking water stations are required. An additional drinking water station is required for each additional [150]500 attendees [or fraction thereof, ]above [500]1000 persons. The health officer may reduce the number of additional drinking water stations or require more than one drinking water station for each additional [150]500 attendees [or fraction thereof ]above [500]1000 persons because of the time of year, heat index, nature of the event or other public health related criteria. If containers are needed to drink the water at the required drinking water stations, the operator must provide single use containers.

 

R392-400-[16]15 . Wastewater Disposal Requirements.

(1) All wastewater shall [discharge to a public wastewater treatment system unless no such system is available or practical for use as determined by the health officer]be disposed of in accordance with state and local wastewater rules.

[(2) Where a public sewer is not available or practical for connection, wastewater shall discharge into a wastewater treatment system approved in accordance with State and local wastewater rules.]

(3) The [health officer]operator may [allow]use portable restroom facilities and wastewater holding tanks [only where an approved sewer system is not available or practical for connection]as determined by the health officer.

(4) The number of toilets [and facilities ]shall be provided in accordance with [the following ]Table 1.

 

TABLE  1
Minimum Numbers of Toilets Required

        Average Time at Gathering (hours)



         1       2       3       4       5

 Peak

Crowd



[  500     2       4       4       5        6]

  

 1000     4       6       8       8        9

 2000     5       6       9      12       14

 3000     6       9      12      16       20

 4000     8      13      16      22       25

 5000    12      15      20      25       31

 6000    12      15      23      30       38

 7000    12      18      26      35       44

 8000    12      20      30      40       50

10000    15      25      38      50       63

12500    18      31      47      63       78

15000    20      38      56      75       94

17500    22      44      66      88      109

20000    25      50      75     100      125

25000    38      69      99     130      160

30000    46      82     119     156      192

35000    53      96     139     181      224

40000    61     109     158     207      256

45000    68     123     178     233      288

50000    76     137     198     259      320

55000    83     150     217     285      352

60000    91     164     237     311      384

65000    98     177     257     336      416

each

additional

10,000   15      25      38      50       63



              (table continued for 6-10 hours)

          6       7       8       9       10



[  500     7       9       9      10       12]

  

 1000     9      11      12      13       13

 2000    16      18      20      23       25

 3000    24      26      30      34       38

 4000    30      35      40      45       50

 5000    38      44      50      56       63

 6000    45      53      60      68       75

 7000    53      61      70      79       88

 8000    60      70      80      90      100

10000    75      88     100     113      125

12500    94     109     125     141      156

15000   113     131     150     169      188

17500   131     153     175     197      219

20000   150     175     200     225      250

25000   191     221     252     282      313

30000   229     266     302     339      376

35000   267     310     352     395      438

40000   305     354     403     452      501

45000   343     398     453     508      563

50000   381     442     503     564      626

55000   419     486     554     621      688

60000   457     531     604     677      751

65000   495     575     654     734      813

each

additional

10,000   75      88     100     113      125

 

(a) If alcoholic beverages are consumed at the gathering, the operator shall increase the number of required toilets by 40%.

[(b) For one year following the effective date of this rule the health officer may allow portable multi-urinal stations to substitute for up to 1/3 of the estimated men's portion of the required toilets.]

([c]b) [The operator shall provide a minimum of one toilet that is accessible by handicapped persons and at a rate of 5% of total toilets]Five percent of the required number of toilets shall be handicap accessible and shall be identified by the International Symbol of Accessibility in compliance with 36 CFR 1191 (July 1, 2011), Appendices B and D, of the Americans with Disabilities Act.

([d]c) [Toilet facilities for men and women located in the same building and adjacent to each other shall be separated by an opaque, sound resistant wall. Direct line of sight from outside a toilet facility to the toilets and urinals shall be effectively obstructed.]For an event lasting longer than ten hours, the number of required toilets is calculated by adding the number of toilets for ten hours to the number of toilets for those hours over ten or a portion thereof, as determined in Table 1.

([e]d) The operator shall locate portable toilets a minimum of 100 feet from any food service operation and not more than 300 feet from grand stand or spectator or from other areas of activity which pertain to the gathering, as outlined in the permit application. Where site conditions limit the placement of portable toilets, the health officer may allow exemptions to these distances.

([f]e) The operator shall provide working hand wash stations at a minimum rate of one per [10]ten portable toilets or portion thereof. The operator shall provide soap, water and single use towels at each hand wash station. Where conditions make the use of soap and water impractical, the health officer may allow sanitizing gel in place of soap and water. Sanitizing gel may not be used in place of soap and water at hand wash stations used by food service workers.

([g]f) The operator shall provide a minimum of one covered trash container for every [10]ten portable toilets or portion thereof.

([h]g) The operator [or coordinator ]shall ensure that all portable toilets are of sound construction (such as non-absorbent polyethylene), easily cleanable, and durable.

[(i) The tank capacity of each portable toilet shall not be less than 60 gallons. Chemicals used for sanitizing agents in portable toilets must be acceptable for use by the treatment facility accepting the sewage.]

([j]h) Each portable toilet must be secured against vandalism and adverse weather conditions by tie downs, anchors or similar effective means.

([k]i) The operator shall contract with a liquid waste hauler that [meets]is permitted by the local health department [requirements]in accordance with R317-550, Rules for Liquid Waste Operations.[The operator is exempt from this requirement if the operator is approved by the health officer as a liquid waste hauler and is identified as the liquid waste hauler for the gathering.

(i) the operator shall require in the contract with the liquid waste hauler that the hauler shall meet the requirements of this Subsection.

(ii) the liquid waste hauler shall have a written contract with a wastewater treatment facility indicating that the wastewater treatment facility will accept the wastewater.

(iii) the liquid waste hauler must manifest all disposal of liquid waste materials. The liquid waste hauler shall present the manifest to the health officer for the health officer's review upon request.]

(l) The operator shall ensure that all wastewater is removed from each portable toilet at least once every 24 hours or more frequently as necessary. On a case by case basis, the health officer may change this frequency because of the time of year, weather conditions, nature of the event or other public health related criteria. All wastewater removed shall be disposed of at a wastewater treatment facility in accordance with State and local wastewater disposal laws.

(m) The operator shall ensure that [E]each portable toilet [must be]is serviced and sanitized [at time intervals]as necessary to [that will ]maintain sanitary conditions[of each toilet].

(n) At the conclusion of the gathering, each portable restroom unit must be serviced [and]then removed within 48 hours. The health officer may extend or shorten this time because of the time of year, weather conditions, the nature of the event or to meet other public health [needs]related criteria.

 

R392-400-[17]16 . Penalty.

(1) Any person who violates any provision of this rule may be assessed a penalty as provided in Subsection 26-23-6.

(2) Each day such violation is committed or permitted to continue shall constitute a separate violation.

(3) In addition to other penalties imposed, any person who violates any requirement of this rule shall be liable for all expenses incurred by the department and local health department in removing or abating any nuisance, source of filth, cause of sickness or infection, health hazard, or sanitation violation.

 

R392-400-[18]17 . Severability.

If a provision, clause, sentence, or paragraph of this rule or the application thereof to any person or circumstances shall be ruled invalid, such ruling shall not affect the other provisions or applications of this rule, and to this end the provisions of this rule are severable.

 

KEY: public health, temporary mass gatherings, special events

Date of Enactment or Last Substantive Amendment: [March 15, 2010]2016

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 26-15-2