DAR File No. 42056

Environmental Quality, Drinking Water

Section R309-600-8

DWSP Plan Review

Notice of Proposed Rule

(Amendment)

DAR File No.: 42056
Filed: 09/01/2017 04:11:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being amended to improve efficiency of the Drinking Water Source Protection (DWSP) plan review process.

Summary of the rule or change:

The proposed amendment would allow the Director to authorize the designated the Division of Drinking Water (DDW) Source Protection Manager to "concur" and "concur with recommendations" with DWSP plans submitted by public water systems to DDW for review.

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 because it does not affect the state budget. It only affects operational procedures within DDW.

local governments:

In aggregate, the proposed amendment is anticipated to have no cost or savings to local governments because it does not affect them. It only affects operational procedures within DDW.

small businesses:

In aggregate, the proposed amendment is anticipated to have no cost or savings to small businesses because it does not affect them. It only affects operational procedures within DDW.

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

In aggregate, the proposed amendment is anticipated to have no cost or savings to persons other than small businesses, businesses, or local government entities because it does not affect such persons. It only affects operational procedures within DDW.

Compliance costs for affected persons:

The proposed amendment imposes no compliance costs on anyone.

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

The proposed amendment would not result in a fiscal impact to businesses because it does not affect any business; it only affects operational procedures within DDW.

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:

• Melissa Noble at the above address, by phone at 801-536-4224, by FAX at , or by Internet E-mail at mnoble@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.

R309-600. Source Protection: Drinking Water Source Protection For Ground-Water Sources.

R309-600-8. DWSP Plan Review.

(1) The Director shall review each DWSP Plan submitted by PWSs and "concur," "concur with recommendations," "conditionally concur" or "disapprove" the plan. The Director may also authorize the designated DDW Source Protection Manager to issue the following actions: "concur" and "concur with recommendations."

(2) The Director may "disapprove" DWSP Plans for any of the following reasons:

(a) An inaccurate DWSP Delineation Report, a report that uses a non-applicable delineation method, or a DWSP Plan that is missing this report or any of the information and data required in it (refer to R309-600-9(6));

(b) an inaccurate Prioritized Inventory of Potential Contamination Sources or a DWSP Plan that is missing this report or any of the information required in it (refer to R309-600-10(1));

(c) an inaccurate assessment of current controls (refer to R309-600-10(2));

(d) a missing Management Program to Control Each Preexisting Potential Contamination Source which has been assessed as "not adequately controlled" by the PWS (refer to R309-600-11(1));

(e) a missing Management Program to Control or Prohibit Future Potential Contamination Sources (refer to R309-600-12);

(f) a missing or incomplete Implementation Schedule, Resource Evaluation, Recordkeeping Section, Contingency Plan, or Public Notification Plan (refer to R309-600-7(1)(e)-(g), R309-600-14, and R309-600-15).

(3) The Director may "concur with recommendations" when PWSs propose management programs to control preexisting potential contamination sources or management programs to control or prohibit future potential contamination sources for existing or new drinking water sources which appear inadequate or ineffective.

(4) The Director may "conditionally concur" with a DWSP Plan or PER. The PWS must implement the conditions and report compliance the next time the DWSP Plan is due and submitted to DDW.

 

KEY: drinking water, environmental health

Date of Enactment or Last Substantive Amendment: [November 15, 2012]2017

Notice of Continuation: March 13, 2015

Authorizing, and Implemented or Interpreted Law: 19-4-104(1)(a)(iv)