This filing was published in the 12/15/2008, issue, Vol. 2008, No. 24, of the Utah State Bulletin.
Environmental Quality, Drinking Water
Ground Water - Springs
NOTICE OF PROPOSED RULE
DAR File No.: 32168
Filed: 11/26/2008, 11:17
Received by: NL
Purpose of the rule or reason for the change:
Contractors have complained that the 10 thickness for the alternative liner utilized in the development of drinking water spring sources is too thin and easily tears during placement.
Summary of the rule or change:
This change proposes to increase the minimum thickness of the alternative liner to 40 mils.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
None--Since this amendment only increases the minimum thickness of the alternative liner, it will not require additional personnel or other funds from the state budget.
None--Since this amendment only increases the minimum thickness of the alternative liner, it will not require additional personnel or other funds from local government.
small businesses and persons other than businesses:
Slight--Contractors will see a slight increase in the cost of the alternative liner as a result in the increased thickness requirement. But this may be offset by reduced time and labor in the installation of said liner.
Compliance costs for affected persons:
Slight--Public Water systems will see a slight increase in the cost of spring development when the alternative liner is used as a result in the increased thickness requirement. But this may negligible because of reduced time and labor in the installation of said liner.
Comments by the department head on the fiscal impact the rule may have on businesses:
The Department agrees that the proposed changes to this rule will have little to no detrimental impact on existing water systems nor on new public water systems. Richard W. Sprott, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Environmental Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085
Direct questions regarding this rule to:
Bill Birkes at the above address, by phone at 801-536-4201, by FAX at 801-536-4211, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Ken Bousfield, Director
R309. Environmental Quality, Drinking Water.
R309-515. Facility Design and Operation: Source Development.
R309-515-7. Ground Water - Springs.
Springs vary greatly in their characteristics and they should be observed for some time prior to development to determine any flow and quality variations. Springs determined to be "under the direct influence of surface water" will have to be given "surface water treatment".
(2) Source Protection.
Public drinking water systems are responsible for protecting their spring sources from contamination. The selection of a spring should only be made after consideration of the requirements of R309-515-4. Springs must be located in an area which shall minimize threats from existing or potential sources of pollution. A Preliminary Evaluation Report on source protection issues is required by R309-600-13(2). If certain precautions are taken, sewer lines may be permitted within a public drinking water system's source protection zones at the discretion of the Executive Secretary. When sewer lines are permitted in protection zones both sewer lines and manholes shall be specially constructed as described in R309-515-6(4).
(3) Surface Water Influence.
Some springs yield water which has been filtered underground for years, other springs yield water which has been filtered underground only a matter of hours. Even with proper development, the untreated water from certain springs may exhibit turbidity and high coliform counts. This indicates that the spring water is not being sufficiently filtered in underground travel. If a spring is determined to be "under the direct influence of surface water", it shall be given "conventional surface water treatment" (refer to R309-505-6).
(4) Pre-construction Submittal
Before commencement of construction of spring development improvements the following information must be submitted to the Executive Secretary and approved in writing.
(a) Detailed plans and specifications covering the development work.
(b) A copy of an engineer's or geologist's statement indicating:
(i) the historical record (if available) of spring flow variation,
(ii) expected minimum flow and the time of year it will occur,
(iii) expected maximum flow and the time of year it will occur,
(iv) expected average flow,
(v) the behavior of the spring during drought conditions.
After evaluating this information, the Division will assign a "firm yield" for the spring which will be used in assessing the number of and type of connections which can be served by the spring (see "desired design discharge rate" in R309-110).
(c) A copy of documentation indicating the water system owner has a right to divert water for domestic or municipal purposes from the spring source.
(d) A Preliminary Evaluation Report on source protection issues as required by R309-600-13.
(e) A copy of the chemical analyses required by R309-515-4(5).
(f) An assessment of whether the spring is "under the direct influence of surface water" (refer to R309-505-7(1)(a).
(5) Information Required after Spring Development.
After development of a culinary spring, the following information shall be submitted:
(a) Proof of satisfactory bacteriologic quality.
(b) Information on the rate of flow developed from the spring.
(c) As-built plans of spring development.
(6) Operation Permit Required.
Water from the spring can be introduced into a public water system only after it has been approved for use, in writing, by the Executive Secretary (see R309-500-9).
(7) Spring Development.
The development of springs for drinking water purposes shall comply with the following requirements:
(a) The spring collection device, whether it be collection tile, perforated pipe, imported gravel, infiltration boxes or tunnels must be covered with a minimum of ten feet of relatively impervious soil cover. Such cover must extend a minimum of 15 feet in all horizontal directions from the spring collection device. Clean, inert, non-organic material shall be placed in the vicinity of the collection device(s).
(b) Where it is impossible to achieve the ten feet of relatively impervious soil cover, an acceptable alternate will be the use of an impermeable liner provided that:
(i) the liner has a minimum thickness of at
(ii) all seams in the liner are folded or welded to prevent leakage,
(iii) the liner is certified as complying with ANSI/NSF Standard 61. This requirement is waived if certain that the drinking water will not contact the liner,
(iv) the liner is installed in such a manner as to assure its integrity. No stones, two inch or larger or sharp edged, shall be located within two inches of the liner,
(v) a minimum of two feet of relatively impervious soil cover is placed over the impermeable liner,
(vi) the soil and liner cover are extended a minimum of 15 feet in all horizontal directions from the collection devices.
(c) Each spring collection area shall be provided with at least one collection box to permit spring inspection and testing.
(d) All junction boxes and collection boxes, must comply with R309-545 with respect to access openings, venting, and tank overflow. Lids for these spring boxes shall be gasketed and the box adequately vented.
(e) The spring collection area shall be surrounded by a fence located a distance of 50 feet (preferably 100 feet if conditions allow) from all collection devices on land at an elevation equal to or higher than the collection device, and a distance of 15 feet from all collection devices on land at an elevation lower than the collection device. The elevation datum to be used is the surface elevation at the point of collection. The fence shall be at least "stock tight" (see R309-110). In remote areas where no grazing or public access is possible, the fencing requirement may be waived by the Executive Secretary. In populated areas a six foot high chain link fence with three strands of barbed wire may be required.
(f) Within the fenced area all vegetation which has a deep root system shall be removed.
(g) A diversion channel, or berm, capable of diverting all anticipated surface water runoff away from the spring collection area shall be constructed immediately inside the fenced area.
(h) A permanent flow measuring device shall be installed. Flow measurement devices such as critical depth meters or weirs shall be properly housed and otherwise protected.
(i) The spring shall be developed as thoroughly as possible so as to minimize the possibility of excess spring water ponding within the collection area. Where the ponding of spring water is unavoidable, the excess shall be collected by shallow piping or french drain and be routed beyond and down grade of the fenced area required above, whether or not a fence is in place.
KEY: drinking water, source development, source maintenance
Date of Enactment or Last Substantive
September 10, 2008]
Notice of Continuation: April 2, 2007
Authorizing, and Implemented or Interpreted Law: 19-4-104
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For questions regarding the content or application of this rule, please contact Bill Birkes at the above address, by phone at 801-536-4201, by FAX at 801-536-4211, or by Internet E-mail at email@example.com
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.
Last modified: 12/11/2008 9:35 AM