DAR File No. 40771

Environmental Quality, Drinking Water

Section R309-400-12

Reporting and Record Maintenance Issues

Notice of Proposed Rule

(Amendment)

DAR File No.: 40771
Filed: 09/14/2016 11:00:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Legislature enacted H.B. 305 during the 2016 General Session, which was signed by the governor on 03/18/2016 and became effective on 05/10/2016. H.B. 305 amends Subsection 19-4-104(1)(c)(iv) of the Utah Code by directing the Drinking Water Board to require a certified operator of a public water supplier to verify by signature and certification number or a professional engineer performing the duties of a certified water operator to verify by signature and stamp the accuracy of any data on water use and water supply submitted by the public water supplier to the division. To enforce the new requirement, the Division has amended Section R309-400-12, Reporting and Record Maintenance Issues, which establishes deficiency points to be assessed to a water system that violates the new reporting requirement.

Summary of the rule or change:

The proposed amendment to Section R309-400-12 assesses 50 points to a water system that fails to submit water-use data required by the state or fails to verify the accuracy of the data as required by Section R309-105-15. It also assesses 20 points to a public water system that fails to submit operational or other reports required by the Division.

Statutory or constitutional authorization for this rule:

• Subsection 19-4-104(1)(a)(i)

Anticipated cost or savings to:

the state budget:

The proposed amendment should entail no costs or savings to the state budget. It should not require additional resources to manage the drinking water program nor should it result in a reduction of resources needed.

local governments:

The proposed amendment should entail no costs or savings to local governments. It places no substantial, new requirements on local governments nor relieves them of any existing requirements related to public water systems.

small businesses:

The proposed amendment should entail no costs or savings to small businesses. It places no substantial, new requirements on small businesses nor relieves them of any existing requirements related to public water systems.

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 places no substantial, new requirements on persons other than small businesses, businesses, or local governments nor relieves them of any existing requirements related to public water systems.

Compliance costs for affected persons:

Persons affected by the proposed amendment to Section R309-400-12 would be owners and operators 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 is expected to 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 Office 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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-400. Water System Rating Criteria.

R309-400-12. Reporting and Record Maintenance Issues.

Points may be assessed for failure to provide required reports to the Director by the reporting deadline. The points shall be assigned as the failure occurs and shall remain on record for a period of one year.

(1) Monthly Reports:

(a) For each failure to report the monthly water treatment plant report, 100 points shall be assessed.

(2) Quarterly Reports:

(a) For each failure to report the quarterly disinfection report, 50 points shall be assessed.

(3) Annual and Other Reports:

(a) [For failure to provide the annual report, 2 points shall be assessed.]A public water system that fails to submit water use data required by a state agency or fails to verify the accuracy of the data by including a certification by a certified operator or a professional engineer performing the duties of a certified operator shall be assessed 50 points.

(b) Community water systems that fail to send a certification to the Division stating how the consumer confidence report was distributed to its customers as required in R309-225-7(3), 10 points shall be assessed.

(c) Community water systems that fail to mail a copy of the consumer confidence report to the Division as required in R309-225-7(3), 10 points shall be assessed.

(d) A public water system that fails to submit operational reports or other reports required by the Division shall be assessed 20 points.

 

KEY: drinking water, environmental protection, water system rating, penalties

Date of Enactment or Last Substantive Amendment: [November 17, 2014]November 7, 2016

Notice of Continuation: March 13, 2015

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