DAR File No. 42052
This rule was published in the September 15, 2017, issue (Vol. 2017, No. 18) of the Utah State Bulletin.
Environmental Quality, Drinking Water
Facility Design and Operation: Plan Review, Operation and Maintenance Requirements
Notice of Proposed Rule
DAR File No.: 42052
Filed: 09/01/2017 10:39:44 AM
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.
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).
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 email@example.com
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:
This rule may become effective on:
Alan Matheson, Executive Director
R309. Environmental Quality, Drinking Water.
R309-500. Facility Design and Operation: Plan Review, Operation and Maintenance Requirements.
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.
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.
Definitions for certain terms used in this rule are given in R309-110 but may be further clarified herein.
(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).
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
No new public drinking water facility shall be put into
operation until the Director has issued an Operating Permit or a
Plan Submittal Waiver.]
(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.
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
(b) Any ]addition to, or modification of[ , the facilities of an existing]
public drinking water [ system] that may affect the quality or quantity of water
c]) 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]:
(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
(vi) deepening a well[
(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
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,[
(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)[
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 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
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
fact waiver request. Water systems shall make the water
line project tracking record available for Division review upon
7]. 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.
The Division shall be informed when a public drinking water project, or a well-defined phase thereof, is at or near completion.
The new or modified facility shall not be placed into
service until an Operating Permit[
or a Plan Submittal Waiver] is issued by the
The Operating Permit will not be issued until all of the
following items are submitted and found to be acceptable for all
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]) 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]) 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]) confirmation that a copy of the as-built or record
drawings has been received by the water system owner,
4]) evidence of proper flushing and disinfection in
accordance with the appropriate ANSI/AWWA Standard,
5]) where appropriate, water quality data,
6]) all other documentation which may have been required
during the plan review process, and
7]) confirmation that the water system owner has been
provided with an Operation and Maintenance manual for the new
facility if applicable.
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
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]
Notice of Continuation: March 13, 2015
Authorizing, and Implemented or Interpreted Law: 19-4-104
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Bernie Clark at the above address, by phone at 801-536-0092, by FAX at , or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.