DAR File No. 43633

Environmental Quality, Water Quality

Rule R317-401

Graywater Systems

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43633
Filed: 04/08/2019 11:17:17 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Water Quality Board is authorized by Subsection 19-5-104(1)(A)(v) to make rules in order to protect the public health for the design, construction, operation, and maintenance of underground wastewater disposal systems. The Director of the Division of Water Quality is authorized by Section 19-5-105 to: 1) develop programs for the prevention, control, and abatement of new or existing pollution of the waters of the state; 2) enforce rules created by the Board; 3) require permits for the construction of treatment facilities; 4) review plans and specifications; and 5) adopt other measures to prevent, control, or abate pollution of waters of the state.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

This rule was first promulgated on 07/02/2004. No written comments have been received. However, during a recent review by the Conference of Local Environmental Health Administrators (CLEHA) Onsite Wastewater Partnership, the members expressed their support for the existing rule and its importance to the overall effort to prevent pollution and protect public health.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule was developed in response to a number of inquiries from the public and local health departments regarding the use, under certain conditions, of graywater originating from laundries, showers, tubs, and lavatories for subsurface irrigation. This rule sets out the requirements for use of graywater and is required for adequate protection of the state's water resources. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at [email protected]

Effective:

04/08/2019

Authorized by:

Erica Gaddis, Director