Environmental Quality, Drinking Water

Section R309-100-4

General

Notice of Proposed Rule

(Amendment)

DAR File No.: 34112
Filed: 09/23/2010 10:08:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment updates the definition of a public water system.

Summary of the rule or change:

This rule clarifies the language in the State Safe Drinking Water Act at Subsection 19-4-102(6)(a)(i) which defines a public water system with these words: "has at least 15 service connections; or". The clarification added by rule identifies that a platted subdivision of 15 lots will likely result in 15 service connections and thus qualifies as a public water system for rules that relate to construction.

State statutory or constitutional authorization for this rule:

• Subsection 19-4-102(6)(a)(i)

Anticipated cost or savings to:

the state budget:

There are no costs to the state budget for this rule amendment because the rule change does not increase or decrease the workload of regulating public water systems. The rule change merely clarifies the definition of a public water system to include subdivisions and contiguous developments that will result in 15 connections.

local governments:

There are no costs to the local government budget for this rule amendment because there are no added requirements for them in regards to this clarification of the definition of public water systems.

small businesses:

Land subdivisions will be affected, but there will be no increase in the cost over what is currently required. It will not change the cost of operating a public water system because it does not increase the requirements for public water systems.

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

There are no persons other than small businesses, businesses or local government entities that will have costs associated with this rule amendment. This is because the rule amendment clarifies the definition of a public water system; it does not increase the requirements for an already operating public water system.

Compliance costs for affected persons:

Land subdivisions will be affected, but there will be no increase in the cost over what is currently required.

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

The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above.

Amanda Smith, 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
Drinking Water
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@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:

11/15/2010

This rule may become effective on:

11/22/2010

Authorized by:

Ken Bousfield, Director

R309. Environmental Quality, Drinking Water.

R309-100. Administration: Drinking Water Program.

R309-100-4. General.

These rules shall apply to all public drinking water systems within the State of Utah.

(1) A public drinking water system is a system, either publicly or privately owned, providing water for human consumption and other domestic uses, which:

(a) Has at least 15 service connections,[ or]

(i) Delivery of drinking water, such as by a single well, to a portion of a platted subdivision or a portion of a contiguous development, either of which is under the same ownership or control, shall be considered a single public drinking water system; and

(ii) A platted subdivision or other contiguous development of 15 or more lots, under the same ownership or control, is considered to have the corresponding number of connections as there are lots; or

(b) Serves an average of at least 25 individuals daily at least 60 days out of the year.

([c]i) A ratio of 3.13 persons per connection shall be used to calculate the [population]individuals served unless , at the time of operation, more accurate information is available. The ratio is based on the statewide average persons per residence in the 2000 census.

(ii) [Therefore, n]Notwithstanding the [above stated] threshold for the number of service connections set forth in (a), a drinking water system consisting of at least 8 service connections [shall be deemed]is considered to serve 25 people , based on the ratio in (b)(i), and consequently [be]is classified as a public drinking water system , unless, at the time of operation, more accurate data can be used.

(iii) [This]The ratio in (b)(i)[shall] is only be used to determine whether , prior to construction or modification, any particular water system is considered to be a public water system.

(c) Any person or entity may [challenge]request a review of [this provision]the designation of a public water system by submitting documentation to the Executive Secretary showing that the drinking water system, upon complete build out, falls below both thresholds listed in (a) and (b) above. All decisions made by the Executive Secretary may be appealed to the Drinking Water Board.

([d]2) Submetered Properties.

([i]a) Submetered Properties means a billing process by which a property owner (or association of property owners, in the case of co-ops or condominiums) bills tenants based on metered total water use; the property owner is then responsible for payment of a water bill from a public water system.

([ii]b) A property owner who installs submeters to track usage of water by tenants on his or her property shall not be subject to these rules solely as a result of taking the administrative act of submetering and billing.

([iii]c) Owners of submetered properties shall receive all their water from a regulated public water system to qualify under the terms of R309-105-5 for exemption from monitoring requirements, except as to the selling of water.

([iv]d) This is not intended to exempt systems where the property in question has a large distribution system (piping in excess of 500 feet in length and sized larger than the normal service lateral based on a fixture unit analysis) serves a large population or serves a mixed (commercial/residential) population (e.g. many military installations/facilities or large mobile home parks or P.U.D's) from regulation as a public drinking water system as pertains to notifying the Division of the persons indicated below in ([3]5) or plan review of modifications or changes to their systems (refer to R309-500).

([e]3) The term public drinking water system includes collection, treatment, storage or distribution facilities under control of the operator and used primarily in connection with the system. Additionally, the term includes collection, pretreatment or storage facilities used primarily in connection with the system but not under such control (see 19-4-102 of the Utah Code Annotated).[ All public water systems are further categorized into three different types, community water (CWS), non-transient non-community water (NTNCWS), and transient non-community water (TNCWS).]

([2]4) Categories of Public Drinking Water Systems

Public drinking water systems are divided into three categories, as follows:

(a) "Community water system" (CWS) means a public drinking water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(b) "Non-transient, non-community water system" (NTNCWS) means a public water system that is not a community water system and that regularly serves at least 25 of the same nonresident persons over six months per year. Examples of such systems are those serving the same individuals (industrial workers, school children, church members) by means of a separate system.

(c) "Transient non-community water system" (TNCWS) means a non-community public water system that does not serve 25 of the same nonresident persons per day for more than six months per year. Examples of such systems are those, RV park, diner or convenience store where the permanent nonresident staff number less than 25, but the number of people served exceeds 25.

(d) The distinctions between "Community", "Non-transient, non-community", and "Transient Non-community " water systems are important with respect to monitoring and water quality requirements.

([3]5) Responsibility

(a) All public drinking water systems must have a person or organization designated as the owner of the system. The name, address and phone number of this person or organization shall be supplied, in writing, to the Board.

(b) The name of the person to be contacted on issues concerning the operation and maintenance of the system shall also be provided, in writing, to the Board.

 

KEY: drinking water, environmental protection, administrative procedures

Date of Enactment or Last Substantive Amendment: [ September 24, 2009 ] 2010

Notice of Continuation: March 22, 2010

Authorizing, and Implemented or Interpreted Law: 19-4-104; 63G-4-202