DAR File No. 40489

Environmental Quality, Water Quality

Rule R317-11

Certification Required to Design, Inspect and Maintain Underground Wastewater Disposal Systems, or Conduct Soil Evaluations or Percolation Tests for Underground Wastewater Disposal Systems

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40489
Filed: 06/13/2016 08:50:48 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-5-104(1)(a)(v) authorizes the Utah Water Quality Board to make rules that protect the public health for the design, construction, operation, and maintenance of underground wastewater disposal systems, liquid scavenger operations, and vault and earthen pit privies. Section 19-5-121 directs the board to adopt and enforce rules; sets forth certification requirements in order to design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems; establishes exemptions; and authorizes the department to establish fees for testing and certification.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

This rule was last amended on 09/01/2013. No comments were received during the rulemaking process. This has not been a controversial rule. There have been discussions about expanding the regulation to include septic installers. However, in 2016, the CLEHA Onsite Wastewater Partnership voted against pursuing expanded coverage of the rule to include installers of onsite systems at this time. No official changes in rule text have been proposed.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is required for the Water Quality Board to implement the state's certification program associated with the design, inspection, and maintenance of underground wastewater disposal systems as outlined in the Water Quality Act. The certification program is established in order to assist in protecting the quality of waters in the state of Utah by helping ensure that personnel have adequate experience and training to design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov

Effective:

06/13/2016

Authorized by:

Walter Baker, Director