DAR File No. 43209

Environmental Quality, Drinking Water

Section R309-105-12

Cross Connection Control

Notice of Proposed Rule

(Amendment)

DAR File No.: 43209
Filed: 09/14/2018 02:42:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments update the reference to the International Plumbing Code, make specific requirements for cross connection control programs to have trained staff, and change terminology to be accurate.

Summary of the rule or change:

In Subsection R309-105-12(1), removes section and version in the reference to the International Plumbing Code. In Subsection R309-105-12(2)(c)(i), adds specific requirement for all community water systems to have a certified Cross Connection Control Administrator on staff or access to one (can be a contractual agreement). In Subsection R309-105-12(2)(c)(ii), adds a requirement that all other classifications of water systems may be required to have certified Cross Connection Control Program Administrator subject to Director's discretion. In Subsection R309-105-12(4), changes the term "certification" to "approval". In Subsection R309-105-12(5), changes the term "device" to "assembly".

Statutory or constitutional authorization for this rule:

• Section 19-4-104

Anticipated cost or savings to:

the state budget:

These proposed amendments are not expected to have a fiscal impact on state revenues or expenditures related to administration of the rule by the Division of Drinking Water (Division). No additional state employees or resources are needed to oversee the new requirement that Community Water Systems employ a Cross Connection Control Program Administrator. It is possible that the state could receive increased revenue from additional individuals seeking certification as Cross Connection Control Program Administrators at Community Water Systems because of this rule revision. It is impossible to estimate, however, the additional number of individuals that may seek certification or whether, in fact, the number will increase after this rule is adopted. These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are two Community Water Systems operated by the state that are expected to experience a total one-time expenditure of $880 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $310 per year for certification renewal and contract maintenance. The Division assumes that one of the water systems, the larger one, will use an existing employee as a Cross Connection Control Program Administrator and the other, the smaller one, will contract with someone to act as a Program Administrator. Therefore, the Division assumes that the larger water system will have no new salary or benefit costs but will have to pay a one-time fee of $480 for initial certification and an ongoing fee of $110 annually for certification renewal. The Division assumes that the smaller water system will have to pay a one-time fee of $400 for an initial contract with a certified Program Administrator to set up a Cross Connection Control Program and an ongoing annual fee of $200 for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for state-operated water systems will be $480 and the annual ongoing expenditure will be $110. In FY 2023, the total one-time expenditure will be $400 and the annual ongoing expenditure will increase by $200. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain Continuing Education Units (CEU) needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a state-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system could require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the state-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water.

local governments:

These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are 309 Community Water Systems operated by local governments that are expected to experience a total one time expenditure of $140,480 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $42,810 per year for certification renewal and contract maintenance. The Division assumes that locally-operated Community Water Systems serving 500 or more persons will use an existing employee as a Cross Connection Control Program Administrator and that locally-owned Community Water Systems serving less than 500 persons will contract with someone to act as a Program Administrator. Therefore, the Division assumes that locally-operated Community Water Systems serving 500 or more persons will have no new salary or benefit costs but will have to pay a one-time fee of $480 per system for initial certification and an ongoing fee of $110 per system annually for certification renewal. The Division assumes that locally-owned Community Water Systems serving less than 500 persons will have to pay a one-time fee of $400 per water system for an initial contract with a certified Program Administrator to set up a Cross Connection Control Program and an ongoing annual fee of $200 per water system for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for local government-operated water systems will be $101,280 and the annual ongoing expenditure will be $23,210. In FY 2023, the total one-time expenditure will be $39,200 and the annual ongoing expenditure will increase by $19,600. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain CEU needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a locally-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system may require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the locally-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water.

small businesses:

These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are 163 privately-operated Community Water Systems. The Division assumes that all 163 water systems are operated by businesses with fewer than 50 employees. The water systems are expected to experience a total one-time expenditure of $67,600 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $29,900 per year for certification renewal and contract maintenance. The Division assumes that privately-operated Community Water Systems serving 500 or more persons will use an existing employee as a Cross Connection Control Program Administrator and that privately-owned Community Water Systems serving less than 500 persons will contract with someone to act as a Program Administrator. Therefore, the Division assumes that privately-operated Community Water Systems serving 500 or more persons will have no new salary or benefit costs but will have to pay a one-time fee of $480 per system for initial certification and an ongoing fee of $110 per system annually for certification renewal. The Division assumes that privately-owned Community Water Systems serving less than 500 persons will have to pay a one-time fee of $400 per water system for an initial contract with a certified Program Administrator to set up a cross connection control program and an ongoing annual fee of $200 per water system for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for privately-operated water systems will be $14,400 and the annual ongoing expenditure will be $3,300. In FY 2023, the total one-time expenditure will be $53,200 and the annual ongoing expenditure will increase by $26,600. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain Continuing Education Units (CEU) needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a privately-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system may require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the privately-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water.

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

These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are 10 Community Water Systems operated by "other persons", in this case the federal government, that are expected to experience a total one-time expenditure of $4,560 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $1,370 per year for certification renewal and contract maintenance. The Division assumes that federally-operated Community Water Systems serving 500 or more persons will use an existing employee as a Cross Connection Control Program Administrator and that federally-owned Community Water Systems serving less than 500 persons will contract with someone to act as a Program Administrator. Therefore, the Division assumes that federally-operated Community Water Systems serving 500 or more persons will have no new salary or benefit costs but will have to pay a one-time fee of $480 per system for initial certification and an ongoing fee of $110 per system annually for certification renewal. The Division assumes that federally-owned Community Water Systems serving less than 500 persons will have to pay a one-time fee of $400 per water system for an initial contract with a certified Program Administrator to set up a Cross Connection Control Program and an ongoing annual fee of $200 per water system for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for federally-operated water systems will be $3,360 and the annual ongoing expenditure will be $770. In FY 2023, the total one-time expenditure will be $1,200 and the annual ongoing expenditure will increase by $600. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain CEU needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a federally-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system may require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the federally-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water.

Compliance costs for affected persons:

Compliance costs for affected persons, in this case Community Water Systems, would increase because of these proposed amendments. Community Water Systems would be required to have a Cross Connection Control Program Administrator either through direct employment or by contract. This is a new requirement; previously a water system was required to have a Cross Connection Control Program but was not required to employ a certified person to administer the program. The compliance costs would result from paying fees for employees to obtain certification and renew that certification annually or from contracting with a certified Cross Connection Control Program Administrator. Specific estimated costs are shown above.

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

These proposed amendments would directly affect 163 privately-owned Community Water Systems in Utah that would be required to employ a certified Cross Connection Control Program Administrator. All are assumed to have fewer than 50 employees. The total one-time expenditure for the water systems to comply with the new requirement to employ certified Cross Connection Control Program Administrators is estimated to be $67,600 and the total ongoing annual expenditure is estimated to be $29,900. Because the new requirement will begin in phases, the one-time expenditures are estimated to be $14,400 in Fiscal Year 2021 and $53,200 in Fiscal Year 2023. The total annual ongoing expenditures are estimated to be $3,300 in Fiscal Year 2021 and are estimated to increase by $26,600 per year in Fiscal Year 2023.

Alan Matheson, Executive Director, Utah DEQ

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:

• Gary Rager at the above address, by phone at 801-536-4498, by FAX at 801-536-4211, or by Internet E-mail at grager@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:

10/31/2018

This rule may become effective on:

11/07/2018

Authorized by:

Alan Matheson, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$590
Local Government	$0	$0	$124,490
Small Businesses	$0	$0	$17,700
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$4,130
Total Fiscal Costs:	$0	$0	$146,910
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	($146,910)

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses**

These proposed amendments to Section R309-105-12 are not expected to have a fiscal impact on non-small businesses' revenues or expenditures, because it pertains to Public Water Systems classified as Community Water Systems under the Safe Drinking Water Act. Of the 163 privately-operated Community Water Systems in Utah, it is assumed that none is a non-small business.

 

The Executive Director of Utah Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

 

R309. Environmental Quality, Drinking Water.

R309-105. Administration: General Responsibilities of Public Water Systems.

R309-105-12. Cross Connection Control.

(1) The water supplier shall not allow a connection to his system which may jeopardize its quality and integrity. Cross connections are not allowed unless controlled by an approved and properly operating backflow prevention assembly or device. The requirements of [Chapter 6 of ]the [2009 ]International Plumbing Code and its amendments as adopted by the Department of Commerce under R156-56 shall be met with respect to cross connection control and backflow prevention.

(2) Each water system shall have a functioning cross connection control program. The program shall consist of five designated elements documented on an annual basis. The elements are:

(a) a legally adopted and functional local authority to enforce a cross connection control program (i.e., ordinance, bylaw or policy);

(b) providing public education or awareness material or presentations;

(c) an [operator]individual with adequate training in the area of cross connection control or backflow prevention;

(i) Community water systems serving a population of 500 or greater shall have a certified Cross Connection Control Program Administrator by December 31, 2020. Refer to R309-305 for specific requirements.

(ii) Community water systems serving a population less than 500 shall have a certified Cross Connection Control Program Administrator by December 31, 2022. Refer to R309-305 for specific requirements.

(iii) Non-transient non-community and transient non-community water systems may be required to have a certified Cross Connection Control Program Administrator at the Director's discretion.

(d) written records of cross connection control activities, such as, backflow assembly inventory; and

(e) test history and documentation of on-going enforcement (hazard assessments and enforcement actions) activities.

(3) Suppliers shall maintain, as proper documentation, an inventory of each pressure atmospheric vacuum breaker, spill resistant pressure vacuum breaker, double check valve, reduced pressure zone principle assembly, and high hazard air gap used by their customers, and a service record for each such assembly.

(4) Backflow prevention assemblies shall be in-line serviceable (repairable), in-line testable and have [certification]approval through third party [certifying]approval agencies to be used within a public drinking water system. Third party [certification]approval shall consist of any combination of two [certifications]approvals, laboratory or field, performed by a recognized testing organization which has demonstrated competency to perform such tests.

(5) Backflow prevention assemblies shall be inspected and tested at least once a year, by an individual certified for such work as specified in R309-305. Suppliers shall maintain, as proper documentation, records of these inspections. This testing responsibility may be borne by the water system or the water system management may require that the customer having the backflow prevention assembly be responsible for having the [device]assembly tested.

(6) Suppliers serving areas also served by a pressurized irrigation system shall prevent cross connections between the two. Requirements for pressurized irrigation systems are outlined in Section 19-4-112 of the Utah Code.

 

KEY: drinking water, watershed management

Date of Enactment or Last Substantive Amendment: [November 8, 2017]2018

Notice of Continuation: March 13, 2015

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