DAR File No. 43387

Environmental Quality, Drinking Water

Section R309-225-4

General Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 43387
Filed: 11/14/2018 11:12:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adds in a reference to the Code of Federal Regulations.

Summary of the rule or change:

This amendment adds a reference to the Code of Federal Regulations to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA).

Statutory or constitutional authorization for this rule:

• Section 19-4-104

Anticipated cost or savings to:

the state budget:

1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment.

local governments:

1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. This amendment creates no new requirements for local governments.

small businesses:

1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. This amendment creates no new requirements for small businesses.

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

1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. This amendment creates no new requirements for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule.

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

This rule change is not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements.

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:

• Patti Fauver at the above address, by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at [email protected]
• Jennifer Yee at the above address, by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at [email protected]
• Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at [email protected]

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:

01/02/2019

This rule may become effective on:

01/09/2019

Authorized by:

Alan Matheson, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
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	$0

 

*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

This rule change is not expected to have any fiscal impact on non-small businesses revenues or expenditures, this minor change is to add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which has been implemented from April 1, 2016 on. This is a federal rule Utah is required to adopt per the primacy agreement with US EPA and has no additional requirements.

 

The head of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

**"Non - small business" means a business employing 50 or more persons; "small business" means a business employing fewer than 50 persons.

 

 

R309. Environmental Quality, Drinking Water.

R309-225. Monitoring and Water Quality: Consumer Confidence Reports.

R309-225-4. General Requirements.

(1) This rule applies only to community water systems.

(2) Effective dates.

(a) Each existing community water system must deliver its first report by October 19, 1999, its second report by July 1, 2000, and subsequent reports by July 1 annually thereafter. The first report must contain data collected during, or prior to, calendar year 1998 as prescribed in R309-225-5(4)(c). Each report thereafter must contain data collected during, or prior to, the previous calendar year.

(b) A new community water system must deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

(c) A community water system that sells water to another community water system must deliver the applicable information required in R309-225-5 to the buyer system:

(i) no later than April 19, 1999, by April 1, 2000, and by April 1 annually thereafter or

(ii) on a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

(3) Utah Division of Drinking Water adopts 40 CFR, Part 141, Subpart O, Appendix A as published on July 1, 2018.

 

KEY: drinking water, consumer confidence report, water quality

Date of Enactment or Last Substantive Amendment: [May 1, 2016]2018

Notice of Continuation: March 13, 2015

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