DAR File No. 42052

Environmental Quality, Drinking Water

Rule R309-500

Facility Design and Operation: Plan Review, Operation and Maintenance Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 42052
Filed: 09/01/2017 10:39:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being amended to reduce the regulatory burden on public water systems and the review burden on the Division of Drinking Water. The proposed amendment is primarily intended to replace the current Plan Submittal Waiver program with a similar but simplified program of Approved Standard Installation Drawings and Specifications for construction of water transmission and distribution lines.

Summary of the rule or change:

Primarily, the proposed amendment would eliminate the requirement for water systems with Approved Standard Installation Drawings and Specifications to obtain Plan Submittal Waivers, individually or at year�s end, from the Division for the installation of water lines. Instead, it would allow a water system with Approved Standard Installation Drawings and Specifications to install water lines up to and including 16-inches in diameter for a five-year period without any further interaction with the Division. The proposed amendment also makes minor revisions to the rule by eliminating redundant requirements, providing additional examples of public drinking water projects, providing an additional example of operation and maintenance, clarifying some plan submittal requirements, reordering some requirements, renumbering some paragraphs, and eliminating the term Plan Submittal Waivers.

Statutory or constitutional authorization for this rule:

• Section 19-4-104

Anticipated cost or savings to:

the state budget:

In aggregate, the proposed amendment is anticipated to have no cost or savings to the state budget. Although the amendment is expected to reduce the amount of time that the Division of Drinking Water spends reviewing plans and specifications for water line projects, the time saved would be reallocated to the review of other kinds of drinking water facilities. Therefore, it would not result in a reduction in the number of full time employees needed for plan review.

local governments:

In aggregate, the proposed amendment is anticipated to have no cost to local governments and minor savings to a subset of local governments that own or operate public water systems and have obtained Approved Standard Installation Drawings and Specifications to install water lines. These local governments would save time and money by not submitting plans and specifications to the Division of Drinking Water and by not obtaining Plan Approval, an Operating Permit, or a Plan Submittal Waiver from the Division. The savings to a properly qualified public water system is estimated to be $150 per eligible water line project. Since May of 2014, such water systems have submitted an average of 48 Plan Submittal Waiver requests per year. Therefore, the aggregate savings per year for public water systems is estimated to be $7,200 ($150 times 48).

small businesses:

In aggregate, the proposed amendment is anticipated to have no cost or savings to small businesses. The amendment applies only to public water systems and is anticipated to provide minor savings only to certain public water systems. Small businesses that operate their own public water systems do not typically install the number of water lines that would make Approved Standard Installation Drawings useful. Small businesses that are customers of public water systems are unlikely to see any savings as a result of the amendment because of the small savings that the water systems themselves would realize.

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

In aggregate, persons other than small businesses, businesses, or local government entities are anticipated to see no cost or savings as a result of the proposed amendment. Although the proposed amendment is anticipated to provide a small savings to certain public water systems, it wouldn�t be worth a water system�s time to calculate the insignificant savings per customer and to pass on that savings.

Compliance costs for affected persons:

The proposed amendment directly affects public water systems and indirectly affects its customers. It is anticipated to have no additional compliance costs because no additional regulations are being imposed by the amendment.

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

After conducting a thorough analysis, it was determined that the proposed amendment would not result in a fiscal impact to businesses. The proposed amendment would impose no costs upon businesses. Theoretically, a business that was supplied water from a public water system with Approved Standard Installation Drawings to install water lines would realize a small savings in its water bill. However, the savings would probably be so small that it would not be worthwhile for the water system to calculate the savings per customer and to pass it on. Therefore, it is reasonable to expect that in such circumstances the proposed amendment would not result in a fiscal impact to businesses. The savings to a properly qualified public water system are estimated to be $150 per eligible water line project. Since May of 2014, such water systems have submitted an average of 48 Plan Submittal Waiver requests per year. Therefore, the aggregate savings per year for public water systems are estimated to be $7,200 ($150 times 48).

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:

10/16/2017

This rule may become effective on:

10/23/2017

Authorized by:

Alan Matheson, Executive Director

R309. Environmental Quality, Drinking Water.

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

R309-500-1. Purpose.

The purpose of this rule is to describe plan review procedures and requirements, clarify projects requiring review, and inspection requirements for drinking water projects. It is intended to be applied in conjunction with rules R309-500 through R309-550. Collectively, these rules govern the design, construction, operation and maintenance of public drinking water system facilities. These rules are intended to assure that such facilities are reliably capable of supplying adequate quantities of water which consistently meet applicable drinking water quality requirements and do not pose a threat to public health.

 

R309-500-2. Authority.

This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104(1)(a)(ii) of the Utah Code and in accordance with Title 63G, Chapter 3 of the same, known as the Administrative Rulemaking Act.

 

R309-500-3. Definitions.

Definitions for certain terms used in this rule are given in R309-110 but may be further clarified herein.

 

R309-500-4. General.

(1) Construction of New Facilities and Modification of Existing Facilities.

(a) Plans, specifications, and other data pertinent to new facilities, or existing facilities of public drinking water systems not previously reviewed, shall be submitted to the Director for review for conformance with rules R309-500 through R309-550. All submittals shall be from the public water system or its agent.

(b) The Director has the authority to grant an exception to R309-500 through R309-550 per R309-105-6(2)(b).

(c) [Construction of a public drinking water project shall not begin until complete plans and specifications have received Plan Approval or a Plan Submittal Waiver has been issued by the Director.]A public water system may not begin construction of a public drinking water project without Plan Approval unless it meets the requirements of R309 - 500 - 7.

(d) [No new public drinking water facility shall be put into operation until the Director has issued an Operating Permit or a Plan Submittal Waiver.]A public water system may not begin operation of a drinking water facility without an Operating Permit unless it meets the requirements of R309 - 500 - 7.

(2) Minimum Quantity and Quality Requirements for Existing Facilities.

All existing public drinking water systems shall be capable of reliably delivering water that meets current drinking water minimum quantity and quality requirements. The Director may require modification of existing systems in accordance with R309-500 through R309-550 when such modifications are needed to reliably achieve minimum quantity and quality requirements.

(3) Operation and Maintenance.

Public drinking water system facilities shall be operated and maintained in a manner that protects public health. As a minimum, operation and maintenance procedures described in R309-500 through R309-550 shall be met.

 

R309-500-5. Public Drinking Water Project.

(1) Definition.

A public drinking water project[, requiring submittal of a Project Notification Form and plans and specifications,] is any of the following:

(a) Construction of, [any facility for a proposed drinking water system.]

[(b) Any ]addition to, or modification of[, the facilities of an existing] a public drinking water [system]facility that may affect the quality or quantity of water delivered.

([c]b) Any activity[, other than on - going operation and maintenance procedures,] that may affect the quality or quantity of water delivered by an existing public drinking water system[. Such activities may include]including:

(i) the interior re-coating or re-lining of any raw or drinking water storage tank, or water storage chamber within any treatment facility,

(ii) the in-situ re-lining of any pipeline,

(iii) a change or addition of a water treatment process,

(iv) the re-development of any spring or well source,

(v) replacement of a well pump with one of different capacity,[and]

(vi) deepening a well[.],

(vii) well rehabilitation or cleaning using a chemical other than a disinfectant previously approved for drinking water use, and

(viii) replacement of pipeline not due to on - going operation and maintenance.

(2) On-going Operation and Maintenance Procedures.

On-going operation and maintenance procedures are not considered public drinking water projects and, accordingly, are not subject to the project notification, plan approval and operating permit requirements of this rule. However, these activities shall be carried out in accordance with all requirements contained in R309-500 through R309-550 and specifically the design, construction, disinfection, flushing , and bacteriological sampling and testing requirements before the facilities are placed back into service. The following activities are considered to be on-going operation and maintenance procedures:

(a) pipeline leak repair,

(b) replacement of [existing ]deteriorated pipeline where the new pipeline segment is the same size as the old pipeline or the new segment is upgraded to meet the minimum pipeline sizes required by R309-550-5(4) or larger sizes as determined by a hydraulic analysis in accordance with R309-550-5(3),[excluding substantial distribution system upgrades that involve long - term planning and complex design,]

(c) tapping existing water mains with corporation stops [so as ]to make connection to new service laterals to individual structures,

(d) distribution pipeline additions where the pipeline size is the same as the main supplying the addition or the pipeline addition meets the minimum pipeline sizes required by R309-550-5(4) or larger sizes as determined by a hydraulic analysis in accordance with R309-550-5(3), the length is less than 500 feet , and contiguous segments of new pipe total less than 1000 feet in any fiscal year,

(e) entry into a drinking water storage facility for the purposes of inspection, cleaning and maintenance,[ and]

(f) replacement of equipment or pipeline appurtenances with the same type, size and rated capacity (fire hydrants, valves, pressure regulators, meters, service laterals, chemical feeders and booster pumps including deep well pumps)[.], and

(g) mechanical well rehabilitation or cleaning using a disinfectant previously approved for drinking water use.

 

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]Plan Approval is required.

(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]licensed by the state of Utah.

(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 an individual water line project prior to construction:

(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;

(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);

(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;

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

(v) Comply with the conditions in R309-500-6(4)(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.](3) Changes to Approved Plans or Specifications.

(a) Changes to approved plans or specifications affecting capacity, hydraulic conditions, operating units, the functioning of water treatment processes, or the quality of water to be delivered, shall be reported to the Division before the start of construction.

(b) The Division may require revised plans and specifications be submitted for review. If required, revised plans or specifications shall be submitted to the Division in time to permit review and approval before the start of construction affected by the changes.

 

R309-500-7. Approval of Standard Installation Drawings and Specifications for Water Transmission and Distribution Lines .

(1) A public water system with approved standard installation drawings and specifications may install water transmission and distribution lines up to and including 16 inches in diameter and is not required to:

(a) submit project notification, plans, or specifications or obtain Plan Approval per R309-500-6;

(b) obtain an Operating Permit per R309-500-9; or

(c) submit a certification of hydraulic modeling per R309-511.

(2) To obtain or renew approved standard installation drawings and specifications, a public water system shall submit to the Director:

(a) an application form;

(b) standard installation drawings and specifications meeting the requirements of R309-550 for construction of water transmission and distribution lines;

(c) the name and license number of a professional engineer designated to oversee design of the water system;

(d) the name and license number of a professional engineer designated to oversee hydraulic analysis of the water system; and

(e) a statement from the designated water system contact acknowledging that:

(i) a hydraulic analysis will be completed for each water line project to assure compliance with minimum sizing, pressure, and flow requirements;

(ii) flushing, disinfection, and coliform sampling will be completed according to ANSI/AWWA standards for each water line before use; and

(iii) as-built or record drawings will be maintained for each water line constructed.

(3) Approved standard installation drawings and specifications are valid for construction of water transmission and distribution lines for the five-year period specified in the approval.

(4) Before or upon the expiration of approved standard installation drawings and specifications, a public water system may submit an application to renew the approval.

(5) A public water system that installs water transmission and distribution lines with approved standard installation drawings and specifications shall:

(a) construct each water line according to plans and specifications stamped and signed by a professional engineer licensed by the state of Utah;

(b) notify the Director of a change in approved standard installation drawings and specifications, a change in the designated water system contact, or a change in the designated professional engineer for system design or hydraulic analysis;

(c) obtain Plan Approval for each booster pump installed as part of a water line; and

(d) obtain an exception prior to construction for any requirement in R309-500 through R309-550 that cannot be met.

 

R309-500-[7]8. Inspection during Construction.

Staff from the Division, the Department of Environmental Quality, or the local health department, after reasonable notice and presentation of credentials, may make visits to the work site to assure compliance with these rules.

 

[R309-500-8. Change Orders.

Any deviations from approved plans or specifications affecting capacity, hydraulic conditions, operating units, the functioning of water treatment processes, or the quality of water to be delivered, shall be reported to the Director. The Director may require that revised plans and specifications be submitted for review. If required, revised plans or specifications shall be submitted to the Division in time to permit the review and approval of such plans or specifications before any construction work, which will be affected by such changes, is begun.]

 

R309-500-9. Operating Permit.

(1) The Division shall be informed when a public drinking water project, or a well-defined phase thereof, is at or near completion.

(2) The new or modified facility shall not be placed into service until an Operating Permit[or a Plan Submittal Waiver] is issued by the Director unless it meets the requirements of R309-500-7.

(3) The Operating Permit will not be issued until all of the following items are submitted and found to be acceptable for all projects.[Distribution lines (not including in - line booster pump stations), may be placed into service prior to submittal of all items if the professional engineer responsible for the entire system, as identified to the Director, has received items (1) and (4):]

([1]a) Certification of Rule Conformance by a professional engineer that all conditions of Plan Approval were accomplished and if applicable, changes made during construction were in conformance with rules R309-500 through 550,

([2]b) as-built or record drawings incorporating all changes to approved plans and specifications, unless no changes are made from previously submitted and approved plans during construction,

([3]c) confirmation that a copy of the as-built or record drawings has been received by the water system owner,

([4]d) evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA Standard,

([5]e) where appropriate, water quality data,

([6]f) all other documentation which may have been required during the plan review process, and

([7]g) confirmation that the water system owner has been provided with an Operation and Maintenance manual for the new facility if applicable.

(4) Distribution lines (not including in - line booster pump stations) requiring Plan Approval may be placed into service prior to submittal of all of the above items and receipt of an Operating Permit if the public water system has received items (3)(a) and (3)(d).

 

R309-500-10. Waste and Wastewater Disposal.

Approval of plans and specifications may require evidence showing that the methods of waste and wastewater disposal have been approved or accepted by the Utah Division of Water Quality, the local health agency, or the local authority for:

(1) new drinking water facilities, including discharges from treatment facilities, discharges related to construction, etc., and

(2) new drinking water facilities serving proposed developments.

 

R309-500-11. Fee Schedule.

The Division is authorized to assess fees according to the Department of Environmental Quality fee schedule.[ The fee schedule is available from the Division.]

 

R309-500-12. Other Permits.

Local, county, federal, and other state authorities may impose different, more stringent, or additional requirements for public drinking water projects. Water systems may be required to comply with other permitting requirements before beginning construction of drinking water projects or placing new facilities into service.

 

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

Date of Enactment or Last Substantive Amendment: [November 16, 2015]2017

Notice of Continuation: March 13, 2015

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