DAR File No. 28596

Environmental Quality, Water Quality

R317-4

Onsite Wastewater Systems

NOTICE OF PROPOSED RULE

DAR File No.: 28596
Filed: 03/31/2006, 03:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments are being made to allow the installation of alternative onsite wastewater treatment systems in areas which may have been unsuitable for traditional wastewater disposal systems because of conditions such as slow percolating or shallow soils. The proposed amendments provide a procedure which may be used by applicants that are unable to comply with the current rule, but have no other option for wastewater disposal.

Summary of the rule or change:

The proposed amendment deletes the existing Section R317-4-11 (Alternate Onsite Wastewater Systems) in its entirety and adds a new Section R317-4-11 (Alternative Systems) in its place. The new section outlines technical requirements for alternative systems and adds the use of packed bed media systems for producing a secondary quality effluent from septic tanks. Language was added to Section R317-4-2 which clarifies the scope of the rule and specifies the administrative process used by local health departments under the rule. Five definitions are added to Section R317-4-1. An additional change defines a process and criteria for evaluating approval of a variance for installation of onsite wastewater systems in areas with physical constraints such as sloping ground or proximity to a gully, gulch, and dry wash.

State statutory or constitutional authorization for this rule:

Section 19-5-104

Anticipated cost or savings to:

the state budget:

No impact to state budget is anticipated. The rule applies to systems under the jurisdiction of local health departments.

local governments:

Local health departments may incur additional costs of review and inspection for the new systems and for variance requests. Actual costs cannot be determined because the number of potential alternative systems or variance requests which may be proposed are unknown. Unit costs are difficult to estimate because of the wide range of approaches and personnel used by the local health departments. Local Health Departments are aware of potential increased costs. Any increased costs will likely be recouped through fees and operating permits.

other persons:

Individuals who choose to install the alternative systems allowed under the proposed amendments could incur an additional cost of $8,000 to $10,000 per system over the cost of a standard onsite system. However, installation of an alternative wastewater system may allow the use of a lot which would otherwise be unbuildable using standard septic tank drainfield technology. Application for a variance under the proposed amendments is voluntary. An applicant seeking a variance will require the expertise of a professional engineer or geologist to prepare an application package that contains all the required information. The professional services and investigations may cost upwards of $2,000 depending upon complexities of site, hydrology and hydrogeology. The proposed amendments provide a procedure which may be used by applicants that are unable to comply with the current rule, but have no other option for wastewater disposal. The ability to install an onsite wastewater system under a variance in an area where such a system was previously not approvable could significantly increase the value of such a property. Aggregate impacts are difficult to estimate as it is unknown how many individuals will seek a variance under this rule.

Compliance costs for affected persons:

Individuals who choose to install the alternative systems allowed under the proposed amendments could incur an additional cost of $8,000 to $10,000 per system over the cost of a standard onsite system. Local health departments may incur additional costs of review and inspection for the new systems. Any increased costs to local health departments will likely be recouped through fees and operating permits.

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

The proposed amendments have been requested by local health departments and individuals to provide additional flexibility and allow the use of alternative technologies for individual wastewater treatment systems. Any increased costs will be offset by businesses being able to utilize previously unbuildable lots. Dianne R. Nielson, Executive Director

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

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@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:

05/15/2006

This rule may become effective on:

05/19/2006

Authorized by:

Walter Baker, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-4. Onsite Wastewater Systems.

R317-4-1. Definitions.

1.1. "Absorption bed" means an absorption system consisting of a covered, gravel-filled bed into which septic tank effluent is discharged through specially designed distribution pipes for seepage into the soil.

1.2. "Absorption system" means a device constructed to receive and to distribute effluent in such a manner that the effluent is effectively filtered and retained below ground surface.

1.3. "Absorption trench" means standard trenches, shallow trenches with capping fill, and chambered trenches constructed to receive and to distribute effluent in such a manner that the effluent is effectively filtered and retained below ground surface.

1.4. "Alternative onsite wastewater system" means a system for treatment and disposal of domestic wastewater or wastes which consists of a building sewer, a septic tank or other sewage treatment or storage unit, and a disposal facility or method which is not a conventional system; but not including a surface discharge to the waters of the state.

1.5. "At-Grade" System means an alternative type of onsite wastewater system where the bottom of the absorption system is placed at or below the elevation of the existing site grade, and the top of the distribution pipe is above the elevation of existing site grade, and the absorption system is contained within a fill body that extends above that grade.

1.6. "Bedrock" means the rock, usually solid, that underlies soil or other unconsolidated, superficial material.

[1.6]1.7. "Bedroom" means any portion of a dwelling which is so designed as to furnish the minimum isolation necessary for use as a sleeping area. It may include, but is not limited to, a den, study, sewing room, sleeping loft, or enclosed porch. Unfinished basements shall be counted as a minimum of one additional bedroom.

[1.7]1.8. "Building sewer" means the pipe which carries wastewater from the building drain to a public sewer, an onsite wastewater system or other point of disposal. It is synonymous with "house sewer".

[1.8]1.9. "Chambered trench" means a type of absorption system where the media consists of an open bottom, chamber structure of an approved material and design, which may be used as a substitute for the gravel media with a perforated distribution pipe.

[1.9]1.10. "Condominium" means the ownership of a single unit in a multi-unit project together with an undivided interest in common, in the common areas and facilities of the property.

[1.10]1.11. "Conventional system" means an onsite wastewater system which consists of a building sewer, a septic tank, and an absorption system consisting of a standard trench, a shallow trench with capping fill, a chambered trench, a deep wall trench, a seepage pit, or an absorption bed.

[1.11]1.12. "Curtain drain" means any ground water interceptor or drainage system that is gravel backfilled and is intended to interrupt or divert the course of shallow ground water or surface water away from the onsite wastewater system.

[1.12]1.13. "Deep wall trench" means an absorption system consisting of deep trenches filled with clean, coarse filter material, with a minimum sidewall absorption depth of 24 inches of suitable soil formation below the distribution pipe, into which septic tank effluent is discharged for seepage into the soil.

[1.13]1.14. "Division" means the Utah Division of Water Quality.

[1.14]1.15. "Disposal area" means the entire area used for the subsurface treatment and dispersion of septic tank effluent by an absorption system.

[1.15]1.16. "Distribution box" means a watertight structure which receives septic tank effluent and distributes it concurrently, in essentially equal portions, into two or more distribution pipes leading to an absorption system.

[1.16]1.17. "Distribution pipe" means approved perforated pipe used in the dispersion of septic tank effluent into an absorption system.

[1.17]1.18. "Domestic wastewater" means a combination of the liquid or water-carried wastes from residences, business buildings, institutions, and other establishments with installed plumbing facilities, together with those from industrial establishments, excluding non-domestic wastewater. It is synonymous with the term "sewage".

[1.18]1.19. "Domestic septage" means the semi-liquid material that is pumped out of septic tanks receiving domestic wastewater. It consists of the sludge, the liquid, and the scum layer of the septic tank.

[1.19]1.20. "Drainage system" means all the piping within public or private premises, which conveys sewage or other liquid wastes to a legal point of treatment and disposal, but does not include the mains of a public sewer system or a public sewage treatment or disposal plant.

[1.20]1.21. "Drop box" means a watertight structure which receives septic tank effluent and distributes it into one or more distribution pipes, and into an overflow leading to another drop box and absorption system located at a lower elevation.

1.22. "Dry Wash" means the dry bed of an intermittent stream that flows only after heavy rains and is often found at the bottom of a canyon.

[1.21]1.23. "Dwelling" means any structure, building, or any portion thereof which is used, intended, or designed to be occupied for human living purposes including, but not limited to, houses, mobile homes, hotels, motels, apartments, business, and industrial establishments.

[1.22]1.24. "Earth fill" means an excavated or otherwise disturbed suitable soil which is imported and placed over the native soil. It is characterized by having no distinct horizons or color patterns, as found in naturally developed undisturbed soils.

[1.23]1.25. "Effluent lift pump" means a pump used to lift septic tank effluent to a disposal area at a higher elevation than the septic tank.

[1.24]1.26. "Ejector pump" means a device to elevate or pump untreated sewage to a septic tank, public sewer, or other means of disposal.

[1.25]1.27. "Experimental onsite wastewater system" means an onsite wastewater treatment and disposal system which is still in experimental use and requires further testing in order to provide sufficient information to determine its acceptance.

[1.26]1.28. "Final local health department approval" means, for the purposes of the grandfather provisions in R317-4-[2]4 (Table 1, footnote a) and R317-4-3, the approval given by a local health department which would allow construction and installation of subdivision improvements. Note: Even though final local health department approval may have been given for a subdivision, individual lot approval would still be required for issuance of a building permit on each lot.

[1.27]1.29. "Ground water" means that portion of subsurface water that is in the zone of soil saturation.

[1.28]1.30. "Ground water table" means the surface of a body of unconfined ground water in which the pressure is equal to that of the atmosphere.

[1.29]1.31. "Ground water table, perched" means unconfined ground water separated from an underlying body of ground water by an unsaturated zone. Its water table is a perched water table. It is underlain by a restrictive strata or impervious layer. Perched ground water may be either permanent, where recharge is frequent enough to maintain a saturated zone above the perching bed, or temporary, where intermittent recharge is not great or frequent enough to prevent the perched water from disappearing from time to time as a result of drainage over the edge of or through the perching bed.

1.32. "Gulch" is a small rocky ravine or a narrow gorge, especially one with a stream running through it.

1.33. "Gully" is a channel or small valley, especially one carved out by persistent heavy rainfall or one holding water for brief periods of time after a rain storm or snow melt.

[1.30]1.34. "Impervious strata" means a layer which prevents water or root penetration. In addition, it shall be defined as having a percolation rate greater than 60 minutes per inch.

[1.31]1.35. "Invert" is the lowest portion of the internal cross section of a pipe or fitting.

[1.32]1.36. "Liquid waste operation" means any business activity or solicitation by which liquid wastes are collected, transported, stored, or disposed of by a collection vehicle. This shall include, but not be limited to, the cleaning out of septic tanks, sewage holding tanks, chemical toilets, and vault privies.

[1.33]1.37. "Liquid waste pumper" means any person who conducts a liquid waste operation business.

[1.34]1.38. "Local health department" means a city-county or multi-county local health department established under Title 26A.

[1.35]1.39. "Lot" means a portion of a subdivision, or any other parcel of land intended as a unit for transfer of ownership or for development or both and shall not include any part of the right-of-way of a street or road.

[1.36]1.40. "Malfunctioning or failing system" means an onsite wastewater system which is not functioning in compliance with the requirements of this regulation and includes, but is not limited to, the following:

A. Absorption systems which seep or flow to the surface of the ground or into waters of the state.

B. Systems which have overflow from any of their components.

C. Systems which, due to failure to operate in accordance with their designed operation, cause backflow into any portion of a building plumbing system.

D. Systems discharging effluent which does not comply with applicable effluent discharge standards.

E. Leaking septic tanks.

[1.37]1.41. "Maximum ground water table" means the highest elevation that the top of the "ground water table" or "ground water table, perched" is expected to reach for any reason over the full operating life of the onsite wastewater system at that site.

[1.38]1.42. "Mound System" means an alternative onsite wastewater system where the bottom of the absorption system is placed above the elevation of the existing site grade, and the absorption system is contained in a mounded fill body above that grade.

[1.39]1.43. "Non-domestic wastewater" means process wastewater originating from the manufacture of specific products. Such wastewater is usually more concentrated, more variable in content and rate, and requires more extensive or different treatment than domestic wastewater.

[1.40]1.44. "Non-public water source" means a culinary water source that is not defined as a public water source.

[1.41]1.45. "Onsite Wastewater System" means an underground wastewater disposal system for domestic wastewater which is designed for a capacity of 5,000 gallons per day or less, and is not designed to serve multiple dwelling units which are owned by separate owners except condominiums. It usually consists of a building sewer, a septic tank and an absorption system.

[1.42]1.46. "Percolation rate" means the time expressed in minutes per inch required for water to seep into saturated soil at a constant rate during a percolation test.

[1.43]1.47. "Percolation test" means the method used to measure the percolation rate of water into soil as described in these rules.

[1.44]1.48. "Permeability" means the rate at which a soil transmits water when saturated.

[1.45]1.49. "Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state (Section 19-1-103).

[1.46]1.50. "Pollution" means any man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of any waters of the state, unless the alteration is necessary for public health and safety (Section 19-5-102).

[1.47]1.51. "Public health hazard" means, for the purpose of this rule, a condition whereby there are sufficient types and amounts of biological, chemical, or physical agents relating to water or sewage which are likely to cause human illness, disorders or disability. These include, but are not limited to, pathogenic viruses and bacteria, parasites, toxic chemicals and radioactive isotopes. A malfunctioning onsite wastewater system constitutes a public health hazard.

[1.48]1.52. "Public water source" means a culinary water source, either publicly or privately owned, providing water for human consumption and other domestic uses, as defined in R309.

[1.49]1.53. "Regulatory Authority" means either the Utah Division of Water Quality or the local health department having jurisdiction.

[1.50]1.54. "Replacement area" means sufficient land with suitable soil, excluding streets, roads, and permanent structures, which complies with the setback requirements of these rules, and is intended for the 100 percent replacement of absorption systems.

[1.51]1.55. "Restrictive layer" means a layer in the soil that because of its structure or low permeability does not allow water entering from above to pass through as rapidly as it accumulates. During some part of every year, a restrictive layer is likely to have temporarily perched ground water table accumulated above it.

1.56 "Rotary tilling" means a tillage operation - working land by plowing, harrowing and manuring in order to make land ready for cultivation - employing power driven rotary motion of the tillage tool to loosen, shatter and mix soil.

1.57. Scarification - loosening and breaking up of soil.

[1.52]1.58. "Scum" means a mass of sewage solids floating on the surface of wastes in a septic tank which is buoyed up by entrained gas, grease, or other substances.

[1.53]1.59. "Seepage pit" means an absorption system consisting of a covered pit into which septic tank effluent is discharged.

[1.54]1.60. "Septic tank" means a watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through an absorption system meeting the requirements of these rules.

[1.55]1.61. "Septic tank effluent" means partially treated sewage which is discharged from a septic tank.

[1.56]1.62. "Sewage holding tank" means a watertight receptacle which receives water-carried wastes from the discharge of a drainage system and retains such wastes until removal and subsequent disposal at an approved site or treatment facility.

[1.57]1.63. "Shall" means a mandatory requirement except when modified by action of the Department on the basis of justifying facts submitted as part of plans and specifications for a specific installation.

[1.58]1.64. "Shallow trenches with capping fill" means an absorption trench which meets all of the requirements of standard trenches except for the elevation of the installed trench. The minimum depth of installation is 10 inches from the natural existing grade to the trench bottom. The gravel and soil fill required above the pipe are placed as a "cap" to the trenches, installed above the natural existing grade.

[1.59]1.65. "Should" means recommended or preferred and is intended to mean a desirable standard.

[1.60]1.66. "Single-family dwelling" means a building designed to be used as a home by the owner or lessee of such building, and shall be the only dwelling located on a lot with the usual accessory buildings.

[1.61]1.67. "Sludge" means the accumulation of solids which have settled in a septic tank or a sewage holding tank.

[1.62]1.68. "Soil exploration pit" means an open pit dug to permit examination of the soil to evaluate its suitability for absorption systems.

[1.63]1.69. "Standard Trench" means an absorption system consisting of a series of covered, gravel-filled trenches into which septic tank effluent is discharged through specially designed distribution pipes for seepage into the soil.

[1.64]1.70. "Waste" or "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water (Section 19-5-102).

[1.65]1.71. "Wastewater" means sewage, industrial waste or other liquid substances which might cause pollution of waters of the state. Intercepted ground water which is uncontaminated by wastes is not included.

[1.66]1.72. "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof, except th[at]ose bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, are not "waters of the state" (Section 19-5-102).

R317-4-2. Onsite Wastewater Systems - Administrative Requirements.

2.1. Scope. This rule shall apply to onsite wastewater systems. Nothing contained in this rule shall be construed to prevent the permitting local health department from:

A. adopting stricter requirements than those contained herein;

B. issuing a renewable operating permit at a frequency not exceeding once every five years with an inspection showing a satisfactory performance of the permitted system by the department's staff before renewal;

C. taking necessary steps for ground water quality protection through adoption of a ground water quality protection management policy based on a ground water management study, or an onsite systems management planning policy and land use planning through the county's agency;

D. prohibiting any alternative system within the department's jurisdiction;

E. assessing fees for administration of alternative systems

F. requiring the conventional and alternative system in its jurisdiction, be placed under an umbrella of:

1. a responsible management entity overseen by the local health department; or,

2. a contract service provider overseen by the local health department; or

3. a management district, body politic, created by the county for the purpose of operation, maintenance, repairs and monitoring of alternative or all onsite systems.

2.2 The local health department having jurisdiction must obtain approval from the Utah Division of Water Quality to administer alternative systems program, as outlined in this section, before permitting alternative systems.

A. The local health department request for approval must include:

1. A description of its plan to properly manage these systems to protect public health. This plan must include:

a. a description of review, inspection and monitoring procedures of these systems;

b. Resolutions of the Local Board of Health and the County Commission supporting this request;

c. A description of the technical capability and training plans of the staff, and availability of resources to adequately manage the increased work load;

d. A statement from the county attorney of the county's legal authority to implement and enforce correction of malfunctioning systems and its commitment to exercise this authority; and,

e. A summary of a ground water quality protection management policy based on a ground water management study, or polices for both onsite systems management and land use planning determined by the county's agency, including steps taken or planned to be taken for implementation of the policy.

2. An agreement to:

a. advise the owner of the system of the type of system, and information concerning risk of failure, level of maintenance required, financial liability for repair, modification or replacement of a failed system and periodic monitoring requirements;

b. ensure the existence of the alternative system is recorded on the deed of ownership for that property;

c. provide oversight of installed systems;

d. inspect all installed systems at frequency specified in this rule, through:

i. the department's staff, or,

ii. a contracted service provider, or,

iii. a responsible management entity, or,

iv. a management district body politic created by the county for the purpose of managing onsite systems:

v. maintenance of records of all installed systems, failures, modifications, repairs and all inspections recording the condition of the system at the time of inspection such as, but not limited to, overflow, surfacing, ponding and nuisance;

e. submit an annual report on or before September 1 of the calendar year, to the Utah Division of Water Quality showing:

i. type and number of systems approved, installed, modified, repaired, failed, inspected;

ii. a summary of enforcement actions taken, pending and resolved;

iii. a summary of performance of water quality data collected;

iv. a summary of the performance of contractors, responsible management entities, or management districts operating, maintaining and monitoring alternative systems; and,

v. management options followed in the reporting year and planned to be followed in the period after the reporting period.

f. Description of Management options to be followed:

i. Using the health department staff for all inspections and monitoring of permitted alternative systems; or,

ii. Contracting with a responsible management entity employing qualified service providers for operating, maintaining and monitoring alternative systems, certified in accordance with R317-11; or,

iii. Using a management district, body politic created by the county for the purpose of managing onsite systems with an annual performance review; or,

iv. An appropriate combination of contract providers or a District, body politic.

B. All alternative systems will be inspected as follows:

1. All at-grade and earth fill systems shall be monitored at a period of six months after initial use, and annually thereafter for a total of five years

2. All mound and packed bed media systems shall be monitored once every six months for the life of that system by:

a. the local health department staff, or,

b. a contract service provider overseen by the local health department, or,

c. a responsible management entity overseen by the local health department, or,

d. a management district, body politic created by the county for the purpose of managing onsite systems.

[2.2]2.3. Failure to Comply With Rules. Any person failing to comply with This rule will be subject to action as specified in Section 19-5-115 and 26A-1-123.

[2.3]2.4. Onsite Wastewater System Required. The drainage system of each dwelling, building or premises covered herein shall receive all wastewater (including but not limited to bathroom, kitchen, and laundry wastes) and shall have a connection to a public sewer except when such sewer is not available or practicable for use, in which case connection shall be made as follows:

A. To an onsite wastewater system found to be adequate and constructed in accordance with requirements stated herein.

B. To any other type of wastewater system acceptable under R317-1, R317-3, R317-5, or R317-560.

[2.4]2.5. Flows Prohibited From Entering Onsite Wastewater Systems. No ground water drainage, drainage from roofs, roads, yards, or other similar sources shall discharge into any portion of an onsite wastewater system, but shall be disposed of so they will in no way affect the system. Non domestic wastes such as chemicals, paints, or other substances which are detrimental to the proper functioning of an onsite wastewater system shall not be disposed of in such systems.

[2.5]2.6. No Discharge to Surface Waters or Ground Surface. Effluent from any onsite wastewater system shall not be discharged to surface waters or upon the surface of the ground. Sewage shall not be discharged into any abandoned or unused well, or into any crevice, sinkhole, or similar opening, either natural or artificial.

[2.6]2.7. Repair of a Failing or Unapproved System. Whenever an onsite wastewater system is found by the regulatory authority to create or contribute to any dangerous or [i]unsanitary condition which may involve a public health hazard, a malfunctioning system, or deviates from the plans and specifications approved by such health authorities, the regulatory authority may order the owner to take the necessary action to cause the condition to be corrected, eliminated or otherwise come into compliance.

[2.7]2.8. Procedure for Wastewater System Abandonment.

A. When a dwelling served by an onsite wastewater system is connected to a public sewer, the septic tank shall be abandoned and shall be disconnected from and bypassed with the building sewer unless otherwise approved by the regulatory authority.

B. Whenever the use of an onsite wastewater system has been abandoned or discontinued, the owner of the real property on which such wastewater system is located shall render it safe by having the septic tank wastes pumped out or otherwise disposed of in an approved manner, and the septic tank filled completely with earth, sand, or gravel within 30 days. The septic tank may also be removed within 30 days , at the owners discretion. The contents of a septic tank or other treatment device shall be disposed of only in a manner approved by the regulatory authority.

R317-4-3. Onsite Wastewater Systems General Requirements.

3.1. Units Required in an Onsite Wastewater System. The onsite wastewater system shall consist of the following components:

A. A building sewer.

B. A septic tank.

C. An absorption system. This may be a standard trench, a shallow trench with capping fill, a chambered trench, a deep wall trench, a seepage pit or pits, an absorption bed, or alternative or experimental systems as specified in this rule, depending on location, topography, soil conditions and ground water table.

3.2. Multiple Dwelling Units. Multiple dwelling units under individual ownership, except condominiums, shall not be served by a single onsite wastewater system except where that system is under the sponsorship of a body politic. Plans and specifications for such systems shall be submitted to and approved by the Utah [Water Quality]Division of Water Quality[ Board]. Issuance of a construction permit by the Board shall constitute approval of plans and authorization for construction.

. . . . .

3.5. Final On-Site Inspection.

A. After an onsite wastewater system has been installed and before it is backfilled or used, the entire system shall be inspected by the appropriate regulatory authority to determine compliance with these rules. For deep wall trenches and seepage pits, the regulatory authority should make at least two inspections, with the first inspection being made following the excavation and the second inspection after the trench or pit has been filled with stone or constructed, but before any backfilling has occurred.

B. Each septic tank shall be tested for water tightness. Testing may be performed [before backfilling ]in accordance with the requirements and procedure outlined in the American Society for Testing Materials' Standard ASTM C-1227, or concrete tanks sh[ould]all be filled 24 hours before the inspection to allow stabilization of the water level. During the inspection there shall be no change in the water level for 30 minutes. Nor shall moving water, into or out of the tank[], be visible. The regulatory authority may allow two piece tanks, with the joint below the water level, to be backfilled up to three inches below the joint to provide adequate support to the seam of the tank. Testing shall be supervised by the regulatory authority. Tanks exhibiting obvious defects or leaks shall not be approved unless such deficiencies are repaired to the satisfaction of the regulatory authority.

R317-4-4. Onsite Wastewater Systems Design Requirements.

. . . . .

4.5. Installation in Sloping Ground.

A. Construction of absorption systems on slopes in excess of 15 percent but not greater than 25 percent may be allowed providing that subsoil profiles indicate no restrictive layers of soil and appropriate engineering design is provided. Absorption systems placed in sloping ground shall be so constructed that there is a minimum of 10 feet of undisturbed earth measured horizontally from the bottom of the distribution line to the ground surface. Where the addition of fluids is judged to create an unstable slope, absorption systems will be prohibited.

B. Absorption systems shall be so located and constructed that there is a minimum of 50 feet from downhill slopes that exceed 35 percent.

C. Alternative systems shall be subject to the site slope limits specified in R317-4-11 for earth fill, "at-grade" systems and in mound systems.

4.6. Replacement Area for Absorption System. Adequate and suitable land shall be reserved and kept free of permanent structures, traffic, or adverse soil modification for 100 percent replacement of each absorption system. If approved by the regulatory authority, the area between standard trenches or deep wall trenches may be regarded as replacement area.

4.7. Variance to Design Requirements

1. Requirements for which a variance may be approved.

An applicant may request a variance from onsite system design requirements, as specified in this section R317-4-4.7, in the following circumstances:

A. When site conditions do not allow a property owner to construct an onsite system so that the absorption bed or trench are separated from a dry wash, gully or gulch by a minimum distance of 50 feet as required under R317-4-4.3, Table 2; or,

B. When site conditions do not allow a property owner to construct an onsite system that complies with the slope and distance from slope requirements of R317-4-4.5.

2. Standards

A variance will not be approved unless the applicant demonstrates that all of the following conditions are met:

A. a wastewater system consistent with R317-4 and local health department requirements cannot be constructed and a connection to a public or community-based sewerage system is not available. This determination will be made in consultation with the local health department.

B. Wastewater from the proposed system will not contaminate ground water or surface water, and will not surface or move off site before it is adequately treated to protect public health and the environment.

C. No slope will fail, and there will be no other landslide or structural failure if the system is constructed and operated as proposed, even if all properties in the vicinity are developed with onsite wastewater systems.

D. adjacent properties, including the current and reasonably anticipated uses of adjacent properties, will not be jeopardized if the proposed system is constructed and operated.

3. Procedure for requesting variance

A. a variance request shall be submitted to the Executive Secretary and to the local health department.

B. a variance request shall include the information and documentation described in R317-4-4.7.4.

C. The Executive Secretary may, with the approval of the Board, appoint an advisory committee to consider variance requests and make recommendations to the Executive Secretary. Any such advisory committee shall include at least one representative from a local health department. The Executive Secretary may refer any variance request to the variance advisory committee.

D. an applicant may request an advance determination about eligibility for a variance under R317-4-4.7.2(A) before the applicant submits a request that addresses the remaining requirements.

E. The Executive Secretary shall make a determination to approve or deny a variance request within 180 days of the receipt of a complete and technically adequate request. That determination may be reviewed by the Board as provided in Section 19-5-112, Utah Code Ann., and R317-9-3, Utah Administrative Code.

F. a local health department may not issue an approval or an operating permit for an onsite system that does not comply with all pertinent design requirements unless a variance has been approved; however a local health department is not required to issue an approval or operating permit based on the Executive Secretary's or Board's approval of a variance.

G. If approval of a variance is conditioned upon an applicant's commitment to record limiting conditions on the deed, the local health department may not issue an approval or operating permit for a system for which a variance has been approved until it confirms this condition has been fulfilled.

H. If approval of a variance is conditioned upon the local health department's oversight of the applicant's continuing compliance with specified conditions, the local health department may not issue an approval or operating permit for a system for which a variance has been approved until the applicant and the local health department have executed a written agreement regarding reimbursement of costs or any fees associated with that oversight.

I. all of the information required under R317-4-4.7.4, except the information required by R317-4-4.7.4(G) and (H), shall be submitted in a report by a professional engineer or a professional geologist that is certified at the appropriate level to perform onsite system design. An engineer or geologist who submits a report shall be licensed to practice in Utah and shall have sufficient experience and expertise to make the determinations in the report. any such report shall include the engineer's or geologist's name and registration number, and a summary of qualifications. The report shall be imprinted with the engineer's or geologist's registration seal and signature.

4. application requirements

The variance application shall include all information and documentation necessary to ensure that the standards in R317-4-4.7.2 will be met, including, as appropriate:

A. Information demonstrating that connection to a public or community-based sewerage system is not available, there is no other option for sewage disposal, and site conditions prevent construction or use of an onsite system that is in compliance with applicable legal requirements.

B. a detailed description of the proposed system, including engineering and reliability information, and information about its proposed location and a proposed replacement absorption bed or trench location, if necessary, to meet the requirements of R317-4-4.6.

C. a detailed characterization of current hydrological and hydrogeological conditions at the proposed site, and characterization of hydrological and hydrogeological conditions predicted for the site after the proposed system is in operation. The report shall include the following information with all supporting information, field investigations and explorations, as applicable:

1. a description of the tributary area;

2. Predictions, and supporting information, of ground water transport from the proposed system and of expected areas of ground water mounding if the system is operated as proposed in the application, including those in the tributary area;

3. Predictions, and supporting information, of the impact of runoff on disposal of wastewater;

4. Information about the rate of runoff for a 100-year storm and the time of concentration for a given tributary area;

5. Water surface profile throughout the area;

6. analysis, for nitrate, chloride, and coliform group bacteria, of samples from the closest groundwater downgradient from any existing absorption system.

D. a stability analysis if the request is for a variance from slope requirements. The analysis shall include information about the geology of the site and surrounding area, soil exploration and testing.

E. an operation, maintenance and troubleshooting plan to keep the installed system operating as described in the application.

F. a contingency plan describing how a system that cannot meet the requirements of R317-4-4.7.2 will be replaced.

G. a signed statement from the applicant acknowledging that he or she will, after a 30 day period for correction, be required to cease use and occupancy of buildings associated with an onsite wastewater system that fails to meet the standards in R317-4-4.7.2, and that use and occupancy will be allowed again only after standards are met.

H. a proposal to record on the deed for the subject property a notice describing the system and an environmental easement, under the Environmental Institutional Control Act (Utah Code Ann. Sections 19-10-101 through -108), mandating any pertinent maintenance requirements or limiting conditions.

I. Documentation provided by the local health authority that the adjoining land owners have been notified and provided opportunity for comment of the proposed variance.

5. No violation of standards

No facility constructed pursuant to a variance shall violate the standards in R317-4-4.7.2.

R317-4-7. Septic Tanks.

7.1. General Requirements.

A. Septic tanks shall be constructed of sound, durable, watertight materials that are not subject to excessive corrosion, frost damage, or decay. They shall be designed to be watertight, and to withstand all expected physical forces, to provide settling of solids, accumulation of sludge and scum, and be accessible for inspection and cleaning as specified in the following paragraphs:

B. Illustrations of typical absorption system components such as septic tanks, distribution boxes, and absorption systems are contained in an addendum to these rules, available through the Division of Water Quality.

7.2. Overall Construction and Design Features.

A. Septic tanks may be constructed of the following:

1. Precast reinforced concrete

2. Fiberglass

3. Polyethylene

4. Poured-in-place concrete

5. Material approved by the Division

B. Septic tanks may have single or multiple compartments and may be oval, circular, rectangular, or square in plan, provided the distance between the inlet and outlet of the tank is at least equal to the liquid depth of the tank. In general, the tank length should be at least two to three times the tank width.

C. All septic tanks may have an effluent filter installed at the outlet of the tank. The filter shall prevent the passage of solid particles larger than a nominal 1/8 inch diameter sphere. The filter should be easily removed for routine servicing through watertight access from the ground surface, or be bypassed with a piping arrangement.

7.3. Plans for Tanks Required.

A. Plans for all septic tanks shall be submitted to the regulatory authority for approval. Such plans shall show all dimensions, capacities, reinforcing, and such other pertinent data as may be required. All septic tanks shall conform to the design drawings and all building shall be done under strict controlled supervision by the manufacturer.

B. Commercial septic tank manufacturers shall submit design plans for each tank model manufactured to the Division for review and approval. The manufacturer shall certify in writing to the Division that the septic tanks to be distributed for use in the State of Utah will comply with this regulation. It is recommended that such plans also be evaluated by a registered engineer as to surcharge, impact load, and deadload. Any changes in the design of commercially manufactured septic tanks shall be submitted to the Division for approval.

7.4. Tank Capacity for Single-Family Dwellings. The minimum liquid capacity of septic tanks serving single-family dwellings shall be based on the number of bedrooms in each dwelling, in accordance with Table 6.

TABLE 6
Minimum Capacities for Septic Tanks(a)

     Number of Bedrooms(b)    Minimum Liquid

                             Capacity(c)(d)

                              (Gallons)



[    1                              750]

     2 or 3                        1000

     4                             1250

     For each additional

       bedroom, add                 250



FOOTNOTES

     (a)  Tanks larger than the minimum required capacity are

generally more economical since they do not have to be cleaned

as often.

     (b)  Based on the number of bedrooms in use or that can be

reasonably anticipated in the dwelling served, including the

unfinished space available for conversion as additional bedrooms.

Unfinished basements shall be counted as a minimum of one

additional bedroom.

     (c)  The liquid capacity is calculated on the depth from

the invert of the outlet pipe to the inside bottom of the tank.

a variance of three percent in the required volume may be allowed.

     (d)  Table 6 provides for the normal household appliances,

including automatic sequence washers, mechanical garbage

grinders, and dishwashers.

7.5. Tank Capacity for Commercial, Institutional, and Recreational Facilities, and Multiple Dwellings.

A. The minimum liquid capacity of septic tanks serving commercial, institutional, and recreational facilities, and multiple dwellings shall be determined on the following basis:

1. For wastewater flows up to 500 gallons per day, the liquid capacity of the tank shall be at least [750]1,000 gallons.

2. For wastewater flows between 500 and 1,500 gallons per day, the liquid capacity of the tank shall be at least 1.5 times the 24-hour estimated sewage flow (see Table 3).

3. For wastewater flows between 1,500 and 5,000 gallons per day, the liquid capacity of the tank shall equal at least 1,125 gallons plus 75 percent of the daily wastewater flow (V = 1,125 + 0.75Q where V = liquid volume of the tank in gallons, and Q = wastewater discharge in gallons per day).

B. In cases where dwellings or facilities are subject to high peak sewage flows, the liquid capacity of the onsite wastewater system shall be increased as required by the regulatory authority.

7.6. Precast Reinforced Concrete Septic Tanks.

A. The walls and base of precast tanks shall be securely bonded together and the walls shall be of monolithic or keyed construction. The sidewalls and bottom of such tanks shall be at least 3 inches in thickness. The top shall have a minimum thickness of four inches. Such tanks shall have reinforcing of at least six inch x six inch No. 6, welded wire fabric, or equivalent. Exceptions to this reinforcing requirement may be considered by the Division based on an evaluation of acceptable structural engineering data submitted by the manufacturer. All concrete used in precast tanks shall be Class A, at least 4,000 pounds per square inch, and shall be vibrated or well-rodded to minimize honeycombing and to assure reasonable watertightness. Precast sections shall be set evenly in a full bed of sealant. If grout is used it shall consist of two parts plaster sand to one part cement with sufficient water added to make the grout flow under its own weight. Excessively mortared joints should be trimmed flush. The inside and outside of each mortar joint shall be sealed with a waterproof bituminous sealing compound.

B. For the purpose of early reuse of forms, the concrete may be steam cured. Other curing by means of water spraying or a membrane curing compound may be used and shall comply to best acceptable methods as outlined in "Curing Concrete, ACI308-71," by American Concrete Institute, P.O. Box 19150, Detroit, Michigan 84219.

7.7. Fiberglass Septic Tanks.

A. Fiberglass septic tanks shall comply with the criteria for acceptance established in the "Interim Guide Criteria For Glass-Fiber-Reinforced Polyester Septic Tanks", International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032. The identifying seal of the International Association of Plumbing and Mechanical Officials must be permanently embossed in the fiberglass as evidence of compliance. The design requirements in R317-4-7 shall also be met. Other required identity marks must also comply with this rule.

B. Inlet and outlet tees shall be attached to the tank by a rubber or synthetic rubber ring seal and compression plate, or in some other manner approved by the Division.

C. The tank shall be installed in accordance with the manufacturer's recommendations. If no such recommendations are provided, the following installation procedures shall apply:

1. During installation, careful handling of the tank is necessary to prevent damage. Tanks shall not be installed under areas subject to vehicular traffic or heavy equipment.

2. There shall be a minimum of twelve inches of approved, compacted backfill material under the tank as a resting bed. The resting bed must be smooth and level.

3. The hole that the tank is to be installed in shall be large enough to allow a minimum of twelve inches from the ends and sides of the tank to the hole wall.

4. Approved backfill material shall be a naturally-rounded aggregate, clean and free flowing, with a particle size of 3/8-inch or less in diameter. Crushed stone or gravel of the same particle size may be used if naturally-rounded aggregate is not available, but should be washed and free flowing.

5. Backfilling shall be accomplished to the top of the tank in twelve -inch lifts with each layer being well compacted. Sharp tools should not be used near the septic tank. With the manhole cover(s) in place, water should be added to the tank during backfilling. The water level in the tank should coincide approximately with the backfill depth. With the tank full of water, the excavation should be brought to grade with the same approved backfill materials. Depth of backfill over the top of the tank shall not exceed 2-1/2 feet.

7.8. Polyethylene septic Tanks.

A. Polyethylene septic tanks shall comply with the criteria for acceptance established in "Prefabricated Septic Tanks and Sewage Holding Tanks, Can3-B66-M79" by the Canadian Standards Association, 178 Rexdale Boulevard, Rexdale, Ontario, Canada M9W1R3. Required identifying marks shall comply with this rule.

B. Inlet and outlet tees shall be attached to the tank by a rubber or synthetic rubber ring seal and compression plate, or in some other manner approved by the Division.

C. The tank shall be installed in accordance with the manufacturer's recommendations. If no such recommendations are provided, the installation procedures in R317-4-7 shall apply.

7.9. Poured-In-Place Concrete Septic Tanks. The top of poured-in-place septic tanks with a liquid capacity of [750]1,000 to 1,250 gallons shall be a minimum of four inches thick, and reinforced with one 3/8-inch reinforcing rod per foot of length, or equivalent. The top of tanks with a liquid capacity of greater than 1,250 gallons up to the maximum design capacity shall be a minimum of six inches thick, and reinforced with 3/8-inch reinforcing rods eight inches on centers both ways, or equivalent. The walls and floor shall be a minimum of six inches thick. The walls shall be reinforced with 3/8-inch reinforcing rods eight inches on centers both ways, or equivalent. Inspections by the regulatory authority may be required of the tank reinforcing steel before any concrete is poured. A six-inch water stop shall be used at the wall-floor juncture to insure watertightness. All concrete used in poured-in-place tanks shall be Class A, at least 4,000 pounds per square inch, and shall be vibrated or well-rodded to minimize honeycombing and to insure watertightness. Curing of concrete shall comply with the requirements in R317-4-7.

7.10. Identifying Marks. All prefabricated or precast septic tanks which are commercially manufactured shall be plainly, legibly, and permanently marked or stamped on the exterior at the outlet end and within six inches of the top of the wall, with the name and address or nationally registered trademark of the manufacturer and the liquid capacity of the tank in gallons. Both the inlet and outlet of all such tanks shall be plainly marked as IN or OUT, respectively.

7.11. Liquid Depth of Tanks. Liquid depth of septic tanks shall be at least 30 inches. Depth in excess of 72 inches shall not be considered in calculating liquid volume required in R317-4-7.

7.12. Tank Compartments. Septic tanks may be divided into compartments provided each meets applicable requirements stated herein as well as the following:

A. The volume of the first compartment must equal or exceed two thirds of the total required septic tank volume.

B. No compartment shall have an inside horizontal distance less than 24 inches.

C. Inlets and outlets shall be designed as specified for tanks, except that when a partition wall is used to form a multi-compartment tank, an opening in the partition may serve for flow between compartments provided the minimum dimension of the opening is four inches, the cross-sectional area is not less than that of a six -inch diameter pipe (28.3 square inches), and the mid-point is below the liquid surface a distance approximately equal to 40 percent of the liquid depth of the tank.

D. No tank shall have an excess of three compartments.

7.13. Tanks in series. Additional septic tank capacity over [750]1,000 gallons may be obtained by joining uncompartmented tanks in series to obtain the required capacity providing the following are complied with:

A. No tank in the series shall be smaller than [750]1,000 gallons.

B. The capacity of the first tank shall be at least two thirds of the required total septic tank volume.

C. The outlet of each successive tank shall be at least 2 inches lower than the outlet of the preceding tank, and shall be unrestricted except for the inlet to the first tank and the outlet for the last tank.

D. The number of tanks in series shall not exceed three.

7.14. Inlets and Outlets. Inlets and outlets of tanks or compartments thereof shall meet the material and minimum diameter requirements for building sewers and shall be tee-ed or baffled with the object of diverting incoming flow toward the tank bottom and minimizing as much as possible the discharge of sludge or scum in the effluent. Inlet or outlet devices shall also conform with the following:

A. Inlets and outlets should be located on opposite ends of the tank. The invert of flow line of the inlet shall be located at least two inches (and preferably three inches) above the invert of the outlet to allow for momentary rise in liquid level during discharge to the tank.

B. An inlet baffle or sanitary tee of wide sweep design shall be provided to divert the incoming sewage downward. This baffle or tee is to penetrate at least six inches below the liquid level, but the penetration is not to be greater than that allowed for the outlet device.

C. For tanks with vertical sides, outlet baffles or sanitary tees shall extend below the liquid surface a distance equal to approximately 40 percent of the liquid depth. For horizontal cylindrical tanks and tanks of other shapes, that distance shall be reduced to approximately 35 percent of the liquid depth.

D. All baffles shall be constructed from sidewall to sidewall or shall be designed as a conduit.

E. All inlet and outlet devices shall be permanently fastened in a vertical, rigid position. Inlet and outlet pipe connections to the septic tank shall be sealed with a bonding compound that will adhere to the tank and pipes to form watertight connections, or watertight sealing rings.

F. Inlet and outlet devices shall not include any design features preventing free venting of gases generated in the tank or absorption system back through the roof vent in the building plumbing system. The top of the baffles or sanitary tees must extend at least six inches above the liquid level in order to provide scum storage, but no closer than one inch to the inside top of the tank.

G. Offset inlets may be approved by the regulatory authority where they are warranted by constraints on septic tank location.

H. Multiple outlets from septic tanks shall be prohibited.

I. A gas deflector may be added at the outlet of the tank to prevent solids from entering the outlet pipe of the tank.

7.15. Scum storage. Scum storage volume shall consist of 15 percent or more of the required liquid capacity of the tank and shall be provided in the space between the liquid surface and the top of inlet and outlet devices.

7.16. accessibility of Tank. Septic tanks shall be installed in a location so as to be accessible for servicing and cleaning, and shall have no structure or other obstruction placed over them so as to interfere with such operations. Tanks should be placed between the dwelling and the street whenever possible to facilitate connection to the sanitary sewer at the time such a sewer is installed.

7.17. Access to Tank Interior. Adequate access to the tank shall be provided to facilitate inspection and cleaning and shall conform to the following requirements:

A. Access to each compartment of the tank shall be provided through properly placed manhole openings not less than 18 inches, preferably 22 inches, in minimum horizontal dimension or by means of an easily removable lid section.

B. Access to inlet and outlet devices shall be provided through properly spaced openings not less than twelve (12) inches in minimum horizontal dimension or by means of an easily removable lid section.

C. The top of the tank shall be at least six inches below finished grade.

D. All manholes required by R317-4-7[.] shall be extended to within at least [four]six inches of the finished grade. The manhole extensions shall be constructed of durable, structurally sound materials which are approved by the regulatory authority and designed to withstand expected physical loads and corrosive forces.

E. Access covers for manhole openings shall have adequate handles and shall be designed and constructed in such a manner that they cannot pass through the access openings, and when closed will be child-proof and prevent entrance of surface water, dirt, or other foreign material, and seal the odorous gases in the tank.

F. No septic tank shall be located under paving unless extensions to the access openings are extended up through the paving and the manholes are equipped with a locking-type cover.

7.18. Tank Cover. septic tank covers shall be sufficiently strong to support whatever load may reasonably be expected to be imposed upon them and tight enough to prevent the entrance of surface water, dirt, or other foreign matter, and seal the odorous gases of digestion.

7.19. Tank Excavation and Backfill. The hole to receive the tank shall be large enough to permit the proper placement of the tank and backfill. Tanks shall be installed on a solid base that will not settle and shall be level. Where rock or other undesirable protruding obstructions are encountered, the bottom of the hole should be excavated an additional six inches and backfilled with sand, crushed stone, or gravel to the proper grade. Backfill around and over the septic tank shall be placed in such a manner as to prevent undue strain or damage to the tank or connected pipes.

7.20. Installation in Ground Water. If septic tanks are installed in ground water, the regulatory authority may require adequate ground anchoring devices to be installed to prevent the tank from floating when it is emptied during cleaning operations.

7.21. Maintenance Requirements. Maintenance Requirements - Adequate maintenance shall be provided for septic tanks to insure their proper function. Recommendations for the inspection and cleaning of septic tanks are provided in R317-4-13.

R317-4-9. Absorption Systems.

. . . . .

9.5. Deep Wall Trenches.

A. Deep wall trenches may be constructed in lieu of other approved absorption systems or as a supplement to an absorption trench where soil conditions and the required separation from the maximum ground water table comply with Table 11 of this section. This absorption system consists of deep trenches filled with clean, coarse filter material which receive septic tank effluent and allow it to seep through sidewalls into the adjacent porous subsurface soil. They shall conform to the following requirements:

1. The effective absorption areas shall be considered as the outside surface of the deep wall trench (vertical sidewall area) calculated below the inlet or distributing pipe, exclusive of any unsuitable soil or bedrock formations. The bottom area and any highly restrictive or impervious strata or bedrock formations shall not be considered in determining the effective sidewall absorption area. Each deep wall trench shall have a minimum sidewall absorption depth of 2 feet of suitable soil formation.

2. The minimum required sidewall absorption area shall be determined by either of the following 2 methods:

a. For the purpose of estimating the [percolation test]absorption rate of each deep wall trench system, a signed[]" Deep Wall Trench Certificate" or equivalent shall be submitted as evidence that a proper [percolation test]soil evaluation has been performed under the supervision of a licensed environmental health scientist, registered engineer, or other qualified person certified by the regulatory authority. The deep wall trench certificate or equivalent must contain the following:

i. the name and address of the individual constructing the deep wall trench;

ii. the location of the property;

iii. the dimensions of the trench;

iv. total effective absorption depth;

v. a description of the texture, character, and thickness of each stratum of soil encountered in the deep wall trench construction;

vi. a signed statement certifying that the deep wall trench has been constructed in accordance with the requirements of this rule. The required absorption area shall then be determined in accordance with Table 10.

. . . . .

R317-4-11. Alternative [Onsite Wastewater ]Systems.

11.1. [Administrative]General Requirements.[ The local health department having jurisdiction must obtain approval from the division to administer an alternative onsite wastewater system program, as outlined in this section, prior to permitting alternative onsite wastewater systems. Alternative onsite wastewater systems are only to be installed where site limitations prevent the use of conventional onsite wastewater systems.]

A. The health department will review and approve sufficient design, installation and operating information to produce a successful, properly operating installation from a designer certified at Level 3 in accordance with the requirements of R317-11.

B. The designer must submit:

1. detailed basis of design of all components with necessary and relevant calculations; and,

2. operation and maintenance instructions for the system to the health department and to the owner which describe the activities necessary to properly operate and maintain and troubleshoot the system.

C. All requirements stated elsewhere in this rule for design, construction and installation details, performance, failures, repairs and abandonment shall apply unless stated differently for a given alternative system.

11.2. At-Grade Systems.

A. Design Requirements.

1. Absorption trenches and absorption bed type absorption systems may be placed in the at-grade position provided:

a. Top of effluent distribution pipe or the bottom of the absorption trench is placed at the native ground surface.

b. the elevation of the anticipated maximum ground water table shall be:

i. at least 24 inches below the bottom of the absorption system excavation; and,

ii. at least 48 inches below finished grade.

c. at least 48 inches of suitable soil percolating between:

i. one and 60 minutes per inch for absorption trench, or,

ii. one to 30 minutes per inch for absorption beds is available between bedrock or impervious strata and the bottom of the absorption system excavation.

d. The native ground surface does not slope more than four percent for installation of an at-grade system.

e. all other requirements of this rule for:

i. minimum horizontal distances from the stated feature to the toe of the finished at-grade system in Table 2,

ii. area requirements and construction details for absorption trenches in Tables 7, 8 and 9,

iii. area requirements and construction details for absorption beds in Tables 13 and 14, are met.

2. Minimum of two observation ports shall be provided within absorption area.

B. Construction Details.

1. The site shall be cleared of vegetation.

2. The soil at the surface shall be loosened and broken up to an approximate depth of six inches.

3. No tilling shall be permitted.

4. any furrows resulting from the scarification shall be perpendicular to any slope on the site.

5. When fill is placed where finished contours are above the natural ground surface, it shall extend from the center of the wastewater system at the same general top elevation for a minimum of ten feet in all directions beyond the limits of the disposal area perimeter below, before the beginning of the side slope.

6. The site shall be graded such that surface water drains away from the onsite wastewater system and adjoining area.

7. The maximum side slope for above ground fill shall be four (horizontal) to one (vertical).

11.3 Earth fill systems.

A. Design Requirements.

1. Earth fill may be added to a site or naturally existing soil with a percolation rate less than one minute per inch or more than 60 minutes per inch may be removed and replaced with earth fill with an acceptable, in-place percolation rate, if:

2. the removal of the original soil does not cause other unacceptable site conditions, and, wastewater ponding will not occur below the bottom of the absorption system;

3. the elevation of the anticipated maximum ground water table shall be:

a. at least 12 inches below the natural ground surface, and,

b. at least 24 inches below the bottom of the absorption trench.

4. Minimum depth of suitable soil percolating between one and 60 minutes per inch available between bedrock or impervious strata and:

a. the native ground surface must not be less than 36 inches, or,

b. the bottom of the absorption system trench must not be less than 48 inches, which ever is greater.

5. all other requirements of this rule for:

a. minimum horizontal distances in Table 2,

b. area requirements and construction details for absorption trenches in Tables 7, 8 and 9, are met.

6. The fill area shall be sufficient to:

a. accommodate an absorption system for a home with a minimum of three bedrooms, and shall include all required clearances within, and outside of the fill and absorption system area.

b. install a system sized for greater of three bedrooms or the planned number of bedrooms in the home, using the percolation rate of 60 minutes per inch.

c. include the area required for a 100 percent replacement of the absorption system, with all required clearances.

7. The area between trenches shall not be used for replacement area.

8. The earth fill shall be considered to be acceptably stabilized if it is allowed to naturally settle for a minimum period of one year, sized to result in its minimum required dimensions after the settling period. Mechanical compaction shall not be allowed.

9. after the fill has settled for a minimum of one year, a minimum of two (2) percolation tests/soil exploration tests shall be conducted in the fill. One shall be conducted in the proposed absorption system area and one in the proposed replacement area of the fill. The suitably stabilized fill shall have an in-place percolation rate of between 15 and 45 minutes per inch.

10. The native ground surface does not slope more than four percent for installation of an earth fill system.

11. The fill depth below the bottom of the absorption system to the native ground surface shall not exceed six feet.

12. Minimum of two observation ports shall be provided within absorption area.

B. Construction Details.

1. The site shall be cleared of vegetation.

2. The surface soil shall be loosened and broken up to an approximate depth of six inches.

3. No rotary tilling shall be permitted.

4. any furrows resulting from the scarification shall be perpendicular to any slope on the site.

5. The site shall be graded such that surface water drains away from the onsite wastewater system and adjoining area.

6. The maximum exposed side slope for fill surfaces shall be four horizontal to one vertical.

7. When fill is placed where finished contours are above the natural ground surface, it shall extend from the center of the wastewater system at the same general top elevation for a minimum of ten feet in all directions beyond the limits of the disposal area perimeter below, before the beginning of the side slope.

8. a suitable soil cap, which will support a vegetative cover, shall cover the entire fill body. The cap shall be provided with a vegetative cover. Access to the fill site shall be restricted to minimize erosion and other physical damage.

11.4 Mound systems.

A. Design Requirements.

1. The design shall generally be based on the "Wisconsin Mound Soil Absorption System: Siting, Design and Construction Manual, January 2000" published by the University of Wisconsin-Madison small-Scale Waste Management Project, with the following exceptions:

2. Mound system may be built over naturally existing soils with a percolation rates between one to 60 minutes per inch provided:

a. the minimum separation distance between the anticipated maximum ground water table and the natural ground surface shall be 12 inches.

b. a minimum of one foot of mound fill and one foot of natural soil percolating between one to 60 minutes per inch is available to form the minimum two feet of unsaturated soil below the bottom of the absorption system.

c. at least 36 inches of suitable soil percolating between one and 60 minutes per inch is available between bedrock or impervious strata and the native ground surface.

d. The native ground surface does not slope more than 25 percent for installation of a mound system.

3. all other requirements of this rule for minimum horizontal distances in Table 2, are met.

4. The effluent loading rate at the sand fill to native soil interface shall be as specified as shown in Table 15:

Table 15
Effluent loading rates
from sand fill to native soil interface
(Based on Percolation Test Rates)

      Percolation Rate                   gallons per day

      (time in minutes required          per square foot

      for water to fall one inch)



                1-10                         0.45

               11-15                         0.40

               16-20                         0.35

               21-30                         0.30

               31-45                         0.25

               46-60                         0.20

B. Construction Details.

1. The site shall be cleared of vegetation and scarified to an approximate depth of six inches. Any furrows resulting from the scarification shall be perpendicular to any slope on the site.

2. The surface soil shall be loosened and broken up to an approximate depth of six inches.

3. The site shall be graded such that surface water drains away from the onsite wastewater system and adjoining area.

4. The minimum thickness of aggregate media around the distribution pipes of the absorption system shall be the sum of six inches below the distribution pipe, the diameter of the distribution pipe and two inches above the distribution pipe or ten inches, whichever is larger.

5. The material for soil cap shall not be less than six inches in thickness and provide protection against erosion, frost, storm water infiltration and support vegetative growth and aeration of distribution cell.

6. Fill material must meet ASTM Specification C-33 for fine aggregate. Textural analysis of fill material in accordance with ASTM C-136 is required for determining suitability.

7. A minimum of two observation pipes shall be located at 1/5 to 1/10 of the length of the distribution cell from each end of the distribution cell along the center of distribution cell width.

8. An automatic visual or audible alarm indicating the failure of the pump shall be provided, and shall remain on until turned off manually.

11.5. Packed Bed Media systems.

A. Design Requirements.

1. Packed bed media systems may be used provided:

a. the elevation of the anticipated maximum ground water table shall be at least 12 inches below the natural ground surface, or the bottom of absorption trench or bed or drip irrigation piping, whichever is greater.

b. acceptable percolation rate for packed bed media system effluent dispersal is up to 120 minutes per inch.

c. at least 36 inches of suitable soil below the bottom of the absorption trench, percolating between one and 120 minutes per inch is available for packed bed media system effluent dispersal, between bedrock or impervious strata and the native ground surface.

d. at least 18 inches of suitable soil below the bottom of the absorption trench percolating between one and 120 minutes per inch is available for packed bed media system effluent dispersal, between bedrock or impervious strata and the native ground surface based on an evaluation of infiltration rate and hydrogeology from a professional geologist or engineer that is certified at the appropriate level to perform onsite system design andhaving sufficient experience and expertise to practice in Utah with expertise in geotechnical engineering based on:

i. type, extent of fractures, presence of bedding planes, angle of dip,

ii. hydrogeology of surrounding area, and,

iii. cumulative effect of all existing and future systems within the area for any localized mounding or surfacing which may create a public health hazard or nuisance, description of methods used to determine infiltration rate and evaluation of surfacing or mounding conditions.

e. all other requirements of this rule for:

i. installation of absorption trenches in sloping ground, and,

ii. minimum horizontal distances in Table 2, except for watercourse, lake, pond, reservoir, non-culinary spring, foundation drain, curtain drain or grouted well which require a minimum of 50 feet of separation from absorption trench are met.

2. The design shall be based on:

a. a minimum of 300 gallons per day for two bedrooms and 100 gallons per day for each additional bedroom.

b. Intermittent Sand Filter System:

i. Media

(1). Depth - Minimum 24 inches of washed sand

(2). Effective size - 0.35 to 0.5 millimeter

(3). Uniformity Coefficient - less than 4.0

(4). Maximum Passing through #200 Sieve - one percent

ii. Maximum Application rate - 1.2 gallons per day per square foot of media surface area

iii. Maximum dose volume through any given orifice for each dosing is two gallons

c. Re-circulating Sand Filter System:

i. Media

(1). Depth - Minimum 24 inches of washed sand

(2). Effective size - 1.5 to 2.5 millimeter

(3). Uniformity Coefficient - 1.0 to 3.0

(4). Maximum Passing through #50 Sieve - one percent

ii. Maximum Application rate - 5.0 gallons per day per square foot of media surface area

iii. Maximum dose volume through any given orifice for each dosing is two gallons

d. Re-circulating Gravel Filter System:

i. Media

(1). Depth - Minimum 36 inches of washed gravel

(2). Effective size - 1.5 to 5.0 millimeter

(3). Uniformity Coefficient - less than 2.0

(4). Maximum Passing through #16 Sieve - one percent

ii. Maximum Application rate - 5.0 gallons per day per square foot of media surface area

iii. Maximum dose volume through any given orifice for each dosing is two gallons

e. Textile Filter System:

i. Media

(1). Geotextile, AdvanTex or approved equal

ii. Maximum Application rate - 30.0 gallons per day per square foot of media surface area

iii. Maximum dose volume through any given orifice for each dosing is two gallons

f. Peat Filter:

i. Media

(1). Depth - Minimum 24 inches of peat media

(2). Effective size - 0.25 to 2.0 millimeter

ii. Maximum Application rate - 5 gallons per day per square foot of media

iii. Maximum dose volume through any given orifice for each dosing is two gallons.

3. The filter bed must be pressure dosed. Orifices or nozzles shall be of such size that the difference in discharge between the first orifice or nozzle and the last orifice or nozzle in each lateral is less than ten percent. The lateral ends must be equipped with fittings and or enclosures to allow cleaning and servicing from the surface.

4. Recirculation Tank Design:

a. Recirculation tank capacity shall be equal to:

i. at least design flow for one day, or,

ii. other volume supported by the basis of design and operation.

b. design shall include dosing rate, operating, surge and reserve capacities.

c. The recirculation ratio should be adjusted, as necessary during operation and maintenance inspections based on recorded wastewater flow rates; ranging from 3:1 to 7:1.

d. Access to the tanks shall seal odorous gases, be watertight and extend to the finished grade.

5. Outlet of septic tanks upstream of packed bed media shall be fitted with effluent filter.

6. Pumping Equipment and Controls:

a. The system shall be equipped with a programmable control panel. The controls shall be capable of controlling all functions incorporated or required in the design of the system. All system control panels must be equipped with an automatic visual or audible alarm indicating the failure of the pump, and shall remain on until turned off manually.

b. The control panel must include a pump run-time hour meter and a pump event counter or other acceptable flow measurement method.

c. The control panel must be installed within sight of the access risers.

d. The control panel must be rated for exterior use. The enclosure must be rated for NEMA 4X or better.

e. The pumps shall be capable of delivering the design flow at the calculated total dynamic head for the proposed system. supporting hydraulic calculations and pump curve analysis must be submitted to the health department with the design.

f. The pump selected must be rated for the number of cycles anticipated at peak flow conditions.

7. Packed bed system media effluent shall be distributed by gravity or under pressure in an absorption trench designed:

a. in accordance with Table 7 of this rule for soils percolating between one to 60 minutes per inch; or,

b. Using the equation:

i. q = 2.1687 x t^(-0.3806) where t is the percolation rate in minutes per inch, and q is in gallons per day per square foot, for absorption trenches or, q = 1.0414 x t^(-0.3603) where t is the percolation rate in minutes per inch up to 30 minutes per inch, and q is in gallons per day per square foot, for absorption beds or,

ii. Area in square feet per bedroom = 69.16 x t^(0.3806) where t is the percolation rate in minutes per inch for absorption trenches or, area in square feet per bedroom = 144.04 x t^(0.3603) where t is the percolation rate in minutes per inch up to 30 minutes per inch, for absorption beds.

c. Dispersal area may be reduced by multiplying the area reduction factor shown in Table 16:

Table 16
area Reduction Factors

             System                            Factor



             Intermittent Sand Filter          0.85

             Re-circulating Sand Filter        0.80

             Re-circulating Gravel Filter      0.80

             Textile Filters                   0.75

             Peat Filters                      0.80

d. Drip irrigation system may be used for packed bed media system effluent disposal based on type of soil and drip irrigation manufacturer's recommendations.

e. Minimum of two observation ports shall be provided within absorption area.

8. Performance of Packed Bed Media Systems

a. Packed bed media system performance shall be monitored at an interval not exceeding six calendar months for surfacing in absorption trench area, odors around filter systems, equipment malfunction, and effluent quality of a grab sample, before discharge to absorption trench, bed or drip irrigation system, showing no more than 20 nephelometric turbidity units (NTU), or five-day total carbonaceous biochemical oxygen demand and total suspended solids concentration of no more than 25 milligrams per liter.

b. Effluent turbidity exceeding 20 NTU shall be followed up with two successive week testing within a 30-day period from the first exceedance. When two successive effluent testing shows results in excess of 20 NTU, the system shall be deemed to be non-compliant requiring further evaluation with five-day total carbonaceous biochemical oxygen demand and total suspended solids concentrations, and a corrective action plan.

c. Corrective action is required where the effluent quality does not meet the minimum standard for more than 30 days.

d. For non-complying systems, the health department shall require and order:

i. all necessary steps such as maintenance servicing, repairs, and/or replacement of system components to correct malfunctioning or non-compliant system;

ii. effluent quality testing for turbidity, five-day total or carbonaceous biochemical oxygen demand, and suspended solids shall continue every two weeks until three successive samples are found to be in compliance;

iii. payment of fees for additional inspections, reviews and testing;

iv. evaluation of the system design including non-approved changes to the system, and the wastewater flow volume, the biological and or chemical loading to the system;

v. investigation of household practices related to the discharge of chemicals into the system, such as photo-finishing chemicals, laboratory chemicals, excessive amount of cleaners or detergents, etc.; and,

vi. additional tests or samples to troubleshoot the system malfunction.

B. Construction Details

i. The site shall be graded such that surface water drains away from the onsite wastewater system and adjoining area.[A. The following alternative onsite wastewater systems may be considered for use upon the executive secretary's approval of a written request from the local health department to administer an alternative onsite wastewater system program.

TABLE 15

 system                          Rule Reference

Earth fill Systems              R317-4-11.2

"At-Grade" Systems              R317-4-11.3

Mound Systems                   R317-4-11.4

The local health department request for approval must include a description of their plan to properly manage these systems to protect public health and water quality. This plan must include:

1. Documentation of the adequacy of staff resources to manage the increased work load.

2. Documentation of the technical capability to administer the new systems including any training plans which are needed.

3. a description of measures to be taken by the local health department to insure that designers and installers of these systems are qualified.

4. a description of the methods which will be used to determine the maximum anticipated high ground water table elevation.

5. Documentation that the Local Board of Health and County Commission support this request.

6. a description of how these systems will be managed, inspected and monitored.

7. a ground water management plan which identifies maximum septic system densities to be allowed in order to prevent unacceptable degradation of ground water, or a schedule for completing an acceptable plan within one year. This requirement may be waived or modified by the executive secretary where it can be shown that these systems would be relatively few in number and widely separated, thereby having negligible impact on ground water quality, or where the ground water aquifers vary greatly over relatively short distances making such a ground water study impractical.

8. Documentation of the county's legal authority to implement and enforce correction of malfunctioning systems and their commitment to exercise this authority.

B. all alternative onsite wastewater systems shall be designed, installed and operated under the following conditions:

1. The ground water requirements shall be determined as shown in R317-4-5.

2. The local health department must advise the owner of the system of the alternative status of that type of system. The advisory must contain information concerning risk of failure, level of maintenance required, financial liability for repair, modification or replacement of a failed system and periodic monitoring requirements which are all specific to the type of system to be installed.

3. The local health department and the homeowner shall be provided with sufficient design, installation and operating information to produce a successful, properly operating installation.

4. The local health department is responsible for provision of, or oversight of an approved installation, inspection and maintenance and monitoring program for the systems. Such programs shall include approved procedures for complete periodic maintenance and monitoring of the systems.

5. The local health department may impose more stringent design, installation, operating and monitoring conditions than those required by the Division.

6. all failures, repairs or alterations shall be reported to the local health department. All repairs or alterations must be approved by the local health department.

C. When an alternative onsite wastewater system exists on a property, notification of the existence of that system shall be recorded on the deed of ownership for that property.

11.2. Installation in Earth Fill.

A. Installation of absorption systems in earth fill will be allowed only by the regulatory authority having jurisdiction in accordance with these rules. Installation of absorption systems in earth fill is an alternative disposal method. Conditions for use of alternative onsite wastewater systems are shown in R317-4-11.

B. absorption trenches and absorption bed type systems may be placed in earth fill. Absorption trench systems placed in earth fill can only be installed over natural soils with a percolation rate range between five and 60 minutes per inch; and absorption bed systems over soils with a percolation rate range of five to 30 minutes per inch.

C. Naturally existing soil with an unacceptable percolation rate may be removed and replaced with earth fill with an acceptable, in-place percolation rate, if the removal of the original soil does not cause other unacceptable site conditions and if acceptable natural soil exists below the replacement. The site must conform to all other acceptability conditions.

D. The maximum acceptable existing slope of a site upon which an "at grade" or "above grade" onsite system can be placed with the use of earth fill is four percent.

E. The minimum area of fill to be placed shall be sufficient to install a system sized for the number of bedrooms in the home, using the percolation rate of 60 minutes per inch. The fill area shall be sized to accommodate an absorption system for a home with a minimum of three bedrooms, and shall include all required clearances within, and outside of the fill and absorption system area.

F. The area of original fill placement shall include that area required for a 100 percent replacement of the drainfield, with all required clearances. The area between trenches shall not be used for replacement area.

G. The fill depth below the bottom of the absorption system shall not exceed six feet.

H. The minimum separation between the natural ground surface and the anticipated maximum ground water table or saturated soil shall be twelve (12) inches.

I. The earth fill shall be considered to be acceptably stabilized if it is allowed to naturally settle for a minimum period of one year, sized to result in its minimum required dimensions after the settling period. Mechanical compaction shall not be allowed.

J. all onsite wastewater systems placed in earth fill shall conform to all other applicable requirements of R317-4, "Onsite Wastewater Systems".

K. The onsite wastewater system and local area surrounding them shall be graded to drain surface water away from the absorption system.

L. after the fill has settled for a minimum of one year, a minimum of two (2) percolation tests/soil exploration tests shall be conducted in the fill. One shall be conducted in the proposed absorption system area and one in the proposed replacement area of the fill. The suitably stabilized fill shall have an in-place percolation rate of between 15 and 45 minutes per inch.

M. The maximum exposed side slope for fill surfaces shall be four horizontal to one vertical. When fill is placed where finished contours are above the natural ground surface, it shall extend from the center of the wastewater system at the same general top elevation for a minimum of ten feet in all directions beyond the limits of the disposal area perimeter below, before the beginning of the side slope. A suitable soil cap, which will support a vegetative cover, shall cover the entire fill body. The cap shall be provided with a vegetative cover. Access to the fill site shall be restricted to minimize erosion and other physical damage.

11.3. "At-Grade" Systems.

A. Where site conditions may restrict the installation of a standard absorption system, an "at-grade" system may be used. It shall be designed, installed, operated and monitored in accordance with these rules. An "at-grade" system is considered to be an alternative disposal method. Conditions for use of alternative wastewater systems are shown in R317-4-11.

B. absorption trenches and absorption bed type absorption systems may be placed in the "at-grade" position. absorption systems placed "at-grade" can only be installed over natural soils with a percolation rate range between five and 60 minutes per inch; and absorption bed systems over soils with a percolation rate range of five to 30 minutes per inch.

C. The minimum distance from the top of finished grade to the high seasonal ground water table or perched ground water table shall be four feet.

D. When fill is placed where finished contours are above the natural ground surface, it shall extend from the center of the wastewater system at the same general top elevation for a minimum of ten feet in all directions beyond the limits of the disposal area perimeter below, before the beginning of the side slope.

E. The maximum side slope for above ground fill shall be four (horizontal) : one (Vertical).

F. Maximum acceptable slope of original site surface for placement of an "at-grade" system is four percent.

G. The site shall be cleared of vegetation and scarified to an approximate depth of six inches. Any furrows resulting from the scarification shall be perpendicular to any slope on the site.

11.4. Mound Systems.

A. Where site conditions may restrict the use of a standard absorption system, a mound system may be used. It shall be designed, installed, operated and monitored in accordance with these rules. A mound system is considered to be an alternative disposal method. Conditions for use of alternative wastewater systems are shown in R317-4-11.1.

B. The minimum separation between the natural ground surface and the anticipated maximum ground water table or saturated soil shall be twelve (12) inches.

C. The two foot minimum thick unsaturated soil treatment horizon below the bottom of the absorption system shall consist of a minimum of one foot of suitable natural soil.

D. Mound systems shall not be located on sites where the original prevailing surface grade exceeds four percent.

E. all mound type onsite systems shall utilize pressurized systems for distribution of effluent in the absorption system.

F. The local health department in whose jurisdiction the mounds with pressurized systems are to be used, shall have an approved maintenance program in place.

G. The design effluent loading rate through the absorption system bottom to sand fill interface shall be 0.8 gallons per day per square foot of absorption system bottom area.

H. The effluent loading rate at the sand fill to native soil interface shall as specified in Table 16:

TABLE 16
Effluent Loading Rate from Sand Fill to the Natural Soil Surface

PERCOLATION RATE OF NATURAL   UNIT              LOADING RATE
 sOIL (Minutes per inch)



1-10                          gallons per day   0.45

                              per square foot

11-15                         gallons per day   0.40

                              per square foot

16-20                         gallons per day   0.35

                              per square foot

21-30                         gallons per day   0.30



                              per square foot

31-45                         gallons per day   0.25

                              per square foot

46-60                         gallons per day   0.20

                              per square foot

I. The minimum thickness of aggregate media around the distribution pipes of the absorption system shall be the sum of six inches below the distribution pipe, the diameter of the distribution pipe and two inches above the distribution pipe or ten inches, whichever is larger.

J. Mound systems shall be designed in accordance with "Mound Soil absorption System Siting, Design and Construction Guidance Manual, April 1, 1996", which is hereby incorporated by reference. A copy is available for public review from the Division of Water Quality, 288 North 1460 West, P.O. Box 144870, Salt Lake City, UT, 84114-4870.

11.5. Supplemental Requirements for Maintenance and Monitoring of "At-Grade" and Earth Fill Alternative Onsite Wastewater Systems.

A. These requirements are to be applied in addition to the requirements specified in R317-4-13 where applicable.

B. These systems shall be monitored at a period of six months and one year after initial use of the system and annually thereafter for a total of five years. Repairs shall be made at any time to a malfunctioning system, as soon as possible after the malfunction is discovered.

C. The local health department in whose jurisdiction the alternative system is installed shall be responsible for formulation of, administration and supervision of a maintenance and monitoring program that is approved by the Division.

11.6. Supplemental Requirements for Maintenance and Monitoring of Pressure Distribution Alternative Onsite Wastewater Systems.

A. These requirements are to be applied in addition to the requirements specified R317-4-13, where applicable.

B. These systems shall be monitored every six months throughout the life of the system. Repairs shall be made at any time to a malfunctioning system, as soon as possible after the malfunction is discovered.

C. The local health department in whose jurisdiction the pressurized system is installed shall be responsible for formulation of, administration and supervision of a maintenance and monitoring program that is approved by the Division.

D. additional requirements for maintenance of these systems are contained in "Mound Soil Absorption System Siting, Design and Construction Guidance Manual, April 1, 1996", which is hereby incorporated by reference. A copy is available for public review from the Division of Water Quality, 288 North 1460 West, P.O. Box 144870, Salt Lake City, UT, 84114-4870.]

R317-4-12. Design, Installation, and Maintenance of sewage Holding Tanks.

12.1. Sewage Holding Tanks - Administrative Requirements.

A. Sewage holding tanks are permitted only under the following conditions:

1. Where an absorption system for an existing dwelling has failed and installation of a replacement absorption system is not practicable[.]; or,

2. As a temporary (not to exceed one year) wastewater system for a new dwelling until a connection is made to an approved sewage collection system[.]; or,

3. For other essential and unusual situations where both the Division and the local health department having jurisdiction concur that the proposed holding tank will be designed, installed and maintained in a manner which provides long-term protection of the waters of the state. Requests for the use of sewage holding tanks in this instance must receive the written approval of both agencies prior to the installation of such devices.

[4]B. Requests for the use of sewage holding tanks [under subparagraphs A and B above ]must receive the written approval of the local health department prior to the installation of such devices.

[B]C. Except on those lots recorded and approved for sewage holding tanks prior to May 21, 1984, sewage holding tanks are not permitted for use in new housing subdivisions, or commercial, institutional, and recreational developments except in those instances where these devices are part of a specific watershed protection program acceptable to the Division and the local health department having jurisdiction.[

C. The design, installation, and maintenance of all sewage holding tanks, except those for recreational and liquid waste pumper vehicles, must comply with the following:]

12.2. General Requirements. The design, installation, and maintenance of all sewage holding tanks, except those for recreational and liquid waste pumper vehicles, must comply with the following:

A. No sewage holding tank shall be installed and used unless plans and specifications covering its design and construction have been submitted to and approved by the appropriate regulatory authority.

B. A statement must be submitted by the owner indicating that in the event his sewage holding tank is approved, he will enter into a contract with an acceptable liquid waste pumping company, or make other arrangements meeting the approval of the regulatory authority having jurisdiction, that the tank will be pumped periodically, at regular intervals or as needed, and that the wastewater contents will be disposed of in a manner and at a facility meeting approval of those regulatory authorities.

C. If authorization is necessary for disposal of sewage at certain facilities, evidence of such authorization must be submitted for review.

12.3. Basic Plan Information Required. Plan information for each sewage holding tank, except those in recreational and liquid waste pumper vehicles, shall comply with the following criteria:

A. Location or complete address of dwelling to be served by sewage holding tank and the name, current address, and telephone number of the person who will own the proposed sewage holding tank.

B. A plot or site plan showing:

1. direction of north,

2. number of bedrooms,

3. location and liquid capacity of sewage holding tank,

4. source and location of domestic water supply,

5. location of water service line and building sewer, and

6. location of streams, ditches, watercourses, ponds, etc., near property.

C. Plan detail of sewage holding tank and high sewage level warning device.

D. Relative elevations of:

1. building floor drain,

2. building sewer,

3. invert of inlet for tank,

4. lowest plumbing fixture or drain in building served, and

5. the maximum liquid level of the tank.

E. Statement indicating the present and maximum anticipated ground water table.

F. Liquid waste pumping arrangements for sewage holding tank.

12.4. Construction.

A. The tank shall be constructed of sound and durable material not subject to excessive corrosion and decay and designed to withstand hydrostatic and external loads. All sewage holding tanks shall comply with the manufacturing materials and construction requirements specified for septic tanks.

B. Construction of the tank shall be such as to assure water tightness and to prevent the entrance of rainwater, surface drainage or ground water. All prefabricated or precast sewage holding tanks which are commercially manufactured shall be plainly, legibly, and permanently marked or stamped on the exterior at the inlet end and within six inches of the top of the wall, with the name and address or nationally registered trademark of the manufacturer and the liquid capacity of the tank in gallons.

C. Tanks shall be provided with a maintenance access manhole at the ground surface or above and of at least 18 inches in diameter. access covers shall have adequate handles and shall be designed and constructed in such a manner that they cannot pass through the access opening, and when closed will be child-proof and prevent entrance of surface water, dirt, or other foreign material, and seal the odorous gases in the tank.

D. A high water warning device shall be installed on each tank to indicate when it is within 75 percent of being full. This device shall be either an audible or a visual alarm. If the latter, it shall be conspicuously mounted. All wiring and mechanical parts of such devices shall be corrosion resistant and all conduit passage ways through the tank top or walls shall be water and vapor tight.

E. No overflow, vent, or other opening shall be provided in the tank other than those described above.

F. The regulatory authority may require that sewage holding tanks be filled with water and allowed to stand overnight to check for leaks. Tanks exhibiting obvious defects or leaks shall not be approved unless such deficiencies are repaired to the satisfaction of the regulatory authority.

G. The slope of the building sewer shall comply with R317-4-6.

12.5. Capacity. Each tank shall be large enough to hold a minimum of seven days sewage flow or 1,000 gallons, whichever is larger. The liquid capacity of the sewage holding tank should be based on sewage flows for the type of dwelling or facility being served (Table 3) and on the desired time period between each pumping. The length of time between pumpings may be increased by careful water management, low volume plumbing fixtures, etc.

12.6. Location. sewage holding tanks must be located:

A. In an area readily accessible to the pump truck in any type of weather that is likely to occur during the period of use.

B. In accordance with the requirements for septic tanks as specified in Table 2.

C. Where it will not tend to float out of the ground due to a high ground water table or a saturated soil condition, since it will be empty or only partially full most of the time. In areas where the ground water table may be high enough to float the tank out of the ground when empty or partially full, adequate ground anchoring procedures shall be provided.

12.7. Operation and Maintenance.

A. Sewage holding tanks shall be pumped periodically, at regular intervals or as needed, and the wastewater contents shall be disposed of in a manner and at a facility meeting the approval of the appropriate regulatory authority.

B. Sewage holding tanks for seasonal dwellings should be pumped out before each winter season to prevent freezing and possible rupture of the tank.

C. A record of pumping dates, amounts pumped, and ultimate disposal sites should be maintained by the owner and made available to the appropriate regulatory authorities upon request.

D. Sewage holding tanks shall be checked at frequent intervals by the owner or occupant and if leakage is detected it shall be immediately reported to the local health authority. Repairs or replacements shall be conducted under the direction of the local health authority. Major increases in the time of pumpings without significant changes in water usage could indicate leakage of the tanks.

E. Improper location, construction, operation, or maintenance of a particular holding tank may result in appropriate legal action against the owner by the regulatory authority having jurisdiction.

KEY: waste water, onsite wastewater systems, alternative onsite wastewater systems, septic tanks

Date of Enactment or Last Substantive Amendment: [January 30, 2003]2006

Notice of Continuation: February 10, 2005

Authorizing, and Implemented or Interpreted Law: 19-5-104

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.