Rules Governing Public Drinking Water Systems
This Compilation Published by the Utah Division of Drinking Water on 7/31/09
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- DISCLAIMER: The rules provided herein are not the legal versions of the rules. The legal versions of the rules are kept in an internal database administered by the Utah Division of Administrative Rules (DAR). To obtain a legal version, contact DAR at (800) 538-1773 or www.rules.utah.gov . Alternately, a legal version is available in hard (paper) copy from LexisNexis at (800) 833-9844 or www.lexisnexis.com . In this document, we attempt to provide accurate and timely information, but this cannot be guaranteed.
- Visit the Division of Drinking Water’s web site, drinkingwater.utah.gov, for current information on all drinking water rules. The web site has electronic copies of the rules which may be viewed, downloaded or searched.
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General Table of Contents
(A Detailed Table of Contents Begins on Page 5)
R309-100. Administration: Drinking Water Program.
R309-105. Administration: General Responsibilities of Public Water Systems.
R309-110. Administration: Definitions.
R309-115. Administrative Procedures.
R309-200. Monitoring and Water Quality: Drinking Water Standards.
R309-205. Monitoring and Water Quality: Source Monitoring Requirements.
R309-210. Monitoring and Water Quality: Distribution System Monitoring Requirements.
R309-215. Monitoring and Water Quality: Treatment Plant Monitoring Requirements.
R309-220. Monitoring and Water Quality: Public Notification Requirements.
R309-225. Monitoring and Water Quality: Consumer Confidence Reports.
R309-300. Certification Rules for Water Supply Operators
R309-305. Certification Rules for Backflow Technicians.
R309-400. Water System Rating Criteria.
R309-405. Compliance and Enforcement: Administrative Penalty.
R309-500. Plan Review, Operation and Maintenance Requirements
R309-505. Facility Design and Operation: Minimum Treatment Requirements.
R309-510 Minimum Sizing Requirements
R309-515. Facility Design and Operation: Source Development.
R309-520. Facility Design and Operation: Disinfection.
R309-525. Facility Design and Operation: Conventional Surface Water Treatment.
R309-530. Facility Design and Operation: Alternative Surface Water Treatment Methods.
R309-535. Facility Design and Operation: Miscellaneous Treatment Methods.
R309-540. Facility Design and Operation: Pump Stations.
R309-545. Facility Design and Operation: Drinking Water Storage Tanks.
R309-550. Facility Design and Operation: Transmission and Distribution Pipelines.
R309-600. Source Protection: Drinking Water Source Protection for Ground-Water Sources.
R309-605. Source Protection: Drinking Water Source Protection for Surface Water Sources.
R309-700. Financial Assistance: State Drinking Water Project Revolving Loan Program.
R309-705. Financial Assistance: Federal Drinking Water Project Revolving Loan Program.
Detailed Table of Contents
R309-100. Administration: Drinking Water Program.
R309-100-5. Approval of Plans and Specifications for Public Water Supply Projects.
R309-100-6. Feasibility Reviews.
R309-100-7. Sanitary Survey and Evaluation of Existing Facilities.
R309-100-9. Orders and Emergency Actions.
R309-105. Administration: General Responsibilities of Public Water Systems.
R309-105-5. Exemptions from Monitoring Requirements.
R309-105-6. Construction of Public Drinking Water Facilities.
(1) Approval of Engineering Plans and Specifications
(2) Acceptable Design and Construction Methods
(3) Description of "Public Drinking Water Project"
(4) Specifications for the drilling of a public water supply well
(6) Requirements After Approval of Plans for Construction
R309-105-7. Source Protection.
R309-105-8. Existing Water System Facilities.
R309-105-9. Minimum Water Pressure.
R309-105-10. Operation and Maintenance Procedures.
(3) Reservoir Maintenance and Disinfection.
(4) Spring Collection Area Maintenance
R309-105-11. Operator Certification.
R309-105-12. Cross Connection Control.
R309-105-13. Finished Water Quality.
R309-105-14. Operational Reports.
R309-105-16. Reporting Test Results.
R309-105-17. Record Maintenance.
R309-110. Administration: Definitions.
R309-115. Administrative Procedures.
R309-115-2. Initial Proceedings.
R309-115-3. Contesting an Initial Order or Notice of Violation.
R309-115-4. Designation of Proceedings as Formal or Informal.
R309-115-5. Notice of and Response to Request for Agency Action.
R309-115-6. Parties and Intervention.
(5) Amicus Curiae (Friend of the Court).
R309-115-7. Conduct of Proceedings.
(2) Appointed Presiding Officers.
(9) Filing and Copies of Submissions.
(1) Recommended Orders of Appointed Presiding Officers.
(1) Stay of Orders Pending Administrative Adjudication.
(2) Stay of the Order Pending Judicial Review.
R309-115-12. Disqualification of Board Members or Other Presiding Officers.
R309-115-13. Declaratory Orders.
R309-200. Monitoring and Water Quality: Drinking Water Standards.
R309-200-5. Primary Drinking Water Standards.
R309-200-7. Treatment Techniques and Unregulated Contaminants.
R309-200-8. Approved Laboratories.
R309-205. Monitoring and Water Quality: Source Monitoring Requirements.
R309-205-5. Inorganic Contaminants.
R309-205-6. Organic Contaminants.
(1) Pesticides/PCBs/SOCs monitoring requirements.
(2) Volatile organic contaminants monitoring requirements.
R309-205-7. Radiological Contaminants.
R309-210. Monitoring and Water Quality: Distribution System Monitoring Requirements.
R309-210-5. Microbiological Monitoring.
(1) Routine Microbiological Monitoring Requirements
(2) Procedures if a Routine Sample is Total Coliform-Positive
(4) Invalidation of Total Coliform-Positive Samples
(5) Fecal coliforms/Escherichia coli (E. coli) testing
R309-210-6. Lead and Copper Monitoring.
(3) Monitoring requirements for lead and copper in tap water.
(4) Corrosion Control for Control of Lead and Copper
(5) Monitoring requirements for water quality parameters.
(6) Monitoring requirements for lead and copper in source water.
(7) Public education and supplemental monitoring requirements.
R309-210-7. Asbestos Distribution System Monitoring.
R309-210-8. Disinfection Byproducts - Stage 1 Requirements.
(2) Monitoring requirements for disinfection byproducts.
(3) Monitoring requirements for disinfectant residuals.
R309-210-9. Disinfection Byproducts - Initial Distribution System Evaluations.
(5) Very small system waivers.
(6) Stage 2 (R309-210-10) compliance monitoring location recommendations.
R309-210-10. Disinfection Byproducts - Stage 2 Requirements.
(5) Additional requirements for consecutive systems.
(6) Conditions requiring increased monitoring.
(7) Operational evaluation levels.
(8) Requirements for remaining on reduced TTHM and HAA5 monitoring based on R309-210-8 results.
(9) Requirements for remaining on increased TTHM and HAA5 monitoring based on R309-210-8 results.
(10) Reporting and recordkeeping requirements.
R309-215. Monitoring and Water Quality: Treatment Plant Monitoring Requirements.
R309-215-5. Monitoring Requirements for Groundwater Disinfection.
R309-215-6. Monitoring Requirements for Miscellaneous Treatment Plants.
R309-215-7. Surface Water Treatment Evaluations.
R309-215-8. Surface Water Treatment Plant Monitoring and Reporting.
(2) For each filter, each day;
(4) Additional record-keeping for plants that recycle.
R309-215-9. Turbidity Monitoring and Reporting.
R309-215-10. Residual Disinfectant.
R309-215-11. Waterborne Disease Outbreak.
R309-215-12. Monitoring Requirements for Disinfection Byproducts Precursors (DBPP).
R309-215-13. Treatment Technique for Control of Disinfection Byproduct Precursors (DBPP).
(2) Enhanced coagulation and enhanced softening performance requirements.
(4) Treatment Technique Requirements for DBP Precursors.
R309-215-14. Disinfection Profiling and Benchmarking.
R309-215-15. Enhanced Treatment for Cryptosporidium (Federal Subpart W).
(2) Source Water Monitoring Requirements.
(7) Reporting source water monitoring results.
(8) Grandfathering previously collected data.
(9) Disinfection Profiling and Benchmarking Requirements –
(10) Developing the disinfection profile and benchmark.
(11) Treatment Technique Requirements - Bin classification for filtered systems.
(12) Filtered system additional Cryptosporidium treatment requirements.
(13) Schedule for compliance with Cryptosporidium treatment requirements.
(14) Microbial toolbox options for meeting Cryptosporidium treatment requirements.
(15) Source toolbox components.
(16) Pre-filtration treatment toolbox components.
(17) Treatment performance toolbox components.
(18) Additional filtration toolbox components.
(19) Inactivation toolbox components.
(21) Recordkeeping requirements.
(22) Requirements for Sanitary Surveys Performed by EPA.
R309-220. Monitoring and Water Quality: Public Notification Requirements.
R309-220-4. General Public Notification Requirements.
(1) Violation Categories and Other Situations Requiring a Public Notice:
(2) Definition of Public Notice Tiers:
(3) Required Distribution of Notice
R309-220-5. Tier 1 Public Notice -- Form, Manner and Frequency of Notice.
(1) Violation Categories and Other Situations Requiring a Tier 1 Public Notice:
(2) Frequency of the Tier 1 Public Notice and Additional Steps Required:
(3) Form and Manner of the Public Notice:
R309-220-6. Tier 2 Public Notice -- Form, Manner and Frequency of Notice.
(1) Violation Categories And Other Situations Requiring a Tier 2 Public Notice:
(2) Frequency of the Tier 2 Public Notice:
(3) Form and Manner of the Public Notice:
R309-220-7. Tier 3 Public Notice -- Form, Manner and Frequency of Notice.
(1) Violation Categories And Other Situations Requiring a Tier 3 Public Notice:
(2) Frequency of the Tier 2 Public Notice:
(3) Form and Manner of the Public Notice:
(4) Use of the Consumer Confidence Report to meet the Tier 3 public notice requirements:
R309-220-8. Content of the Public Notice.
R309-220-9. Notice to New Billing Units or New Customers.
R309-220-10. Special Notice of the Availability of Unregulated Contaminant Monitoring Results.
R309-220-11. Special Notice for Exceedance of the Secondary MCL for Fluoride.
R309-220-14. Notice by Executive Secretary on behalf of the Public Water System.
R309-220-15. Standard Health Effects Language.
Synthetic organic contaminants including pesticides and herbicides:
Volatile Organic Contaminants:
R309-225. Monitoring and Water Quality: Consumer Confidence Reports.
R309-225-4. General Requirements.
R309-225-5. Content of the Reports.
R309-225-6. Required Additional Health Information.
R309-225-7. Report Delivery and Recordkeeping.
R309-225-8. Major Sources of Contaminants in Drinking Water.
Synthetic Organic Contaminants including Pesticides and Herbicides
R309-300. Certification Rules for Water Supply Operators
R309-300-3. Extent of Coverage - To Whom Rules Apply - Effective Date.
R309-300-6. Application for Examination.
R309-300-9. Certificate Suspension and Revocation Procedures.
R309-300-11. Facilities Classification System.
R309-300-12. Qualifications of Operators.
R309-300-13. Grandparent Certification Criteria.
R309-300-14. CEUs and Approved Training.
R309-300-15. Validation of Previously Issued Certificates.
R309-300-16. Operator Certification Commission.
R309-300-17. Secretary to the Commission.
R309-300-18. Non-compliance with Certification Program.
R309-300-19. Drinking Water System Classification.
R309-305. Certification Rules for Backflow Technicians.
R309-305-3. Extent of Coverage.
R309-305-6. Technician Responsibilities.
R309-305-11. Cross Connection Control Commission.
R309-305-12. Secretary of the Commission.
R309-400. Water System Rating Criteria.
R309-400-2. Extent of Coverage.
R309-400-4. Water System Ratings.
R309-400-5. Quality, Monitoring and Public Notification Violations.
R309-400-6. Physical Facilities.
(2) Surface Water Diversion Structures and Impoundments:
(6) Hydropneumatic pressure tanks.
R309-400-7. Treatment Processes.
R309-400-8. Operator Certification.
R309-400-9. Cross Connection Control Program.
R309-400-10. Drinking Water Source Protection.
R309-400-11. Administrative Issues.
(2) A water system with a current written Emergency Response Program
(3) A water system with a written Financial Management Plan
R309-400-12. Reporting and Record Maintenance Issues.
R309-405. Compliance and Enforcement: Administrative Penalty.
R309-405-2. Purpose, Scope, and Applicability.
R309-405-3. Limits on Authority and Liability.
R309-405-4. Assessment of a Penalty and Calculation of Settlement Amounts.
R309-405-5. Factors for Seeking or Negotiating Amount of Penalties.
R309-405-6. Satisfaction of Penalty Under Stipulated Penalty Agreement.
R309-405-7. Penalty Policy for Civil Proceedings.
R309-500. Plan Review, Operation and Maintenance Requirements
(1) Construction and Operation of New Facilities.
(3) Operation and Maintenance of Existing Facilities.
R309-500-5. Public Drinking Water Project
(2) On-going Operation and Maintenance Procedures.
R309-500-6. Plan Approval Procedure.
(2) Pre-Construction Requirements.
(3) Waiving of Plan Submittal Requirement.
R309-500-7. Inspection During Construction.
R309-500-9. Issuance of Operating Permit.
R309-500-10. Adequacy of Wastewater Disposal.
R309-500-11. Financial Viability.
R309-505. Facility Design and Operation: Minimum Treatment Requirements.
R309-505-4. Pre-design Consultation.
R309-505-5. Drinking Water Quality Standards.
R309-505-6. Surface Water Sources.
(1) Determination of Surface Water Source.
(2) Treatment of a Surface Water Source.
R309-505-7. Low Quality Ground Water Sources.
(1) Determination of a Low Quality Ground Water Source.
(2) Treatment of a Low Quality Ground Water Source.
R309-505-8. High Quality Ground Water Sources.
(1) Determination of a High Quality Ground Water Source.
(2) Treatment of a High Quality Ground Water Source.
R309-505-9. Best Available Technologies (BATs).
R309-505-10. Temporary Use of Bottled Water.
R309-510 Minimum Sizing Requirements
R309-510-5. Reduction of Requirements.
R309-510-6. Water Conservation.
(1) Peak Day Demand and Average Yearly Demand.
(4) Accounting for Variations in Source Yield.
R309-510-9. Distribution System Sizing.
(2) Indoor Use, Estimated Peak Instantaneous Demand.
(3) Outdoor Use, Estimated Peak Instantaneous Demand.
R309-515. Facility Design and Operation: Source Development.
(2) Communication with the Division.
(3) Number of Sources and Quantity Requirements.
R309-515-5. Surface Water Sources.
(3) Pre-construction Submittal.
R309-515-6. Ground Water - Wells.
(3) The Utah Division of Water Rights.
(5) Outline of Well Approval Process.
(6) Well Materials, Design and Construction.
R309-515-7. Ground Water - Springs.
(4) Pre-construction Submittal
(5) Information Required after Spring Development.
(6) Operation Permit Required.
R309-515-8. Operation and Maintenance.
(1) Spring Collection Area Maintenance.
R309-520. Facility Design and Operation: Disinfection.
R309-520-5. Allowable Primary Disinfectants.
R309-520-6. Allowable Secondary Disinfectants.
R309-520-7. Appropriate Uses of Chemical Disinfectants.
R309-520-8. Required Chemical Dosing and Contact Time.
(1) General Requirements for all Chlorination Installations.
(2) Additional Requirement for Gas Chlorinators.
R309-520-12. Chlorine Dioxide.
R309-520-14. Ultraviolet Light.
R309-520-15. Operation and Maintenance.
(4) ANSI/NSF Standard 60 Certification.
R309-525. Facility Design and Operation: Conventional Surface Water Treatment.
R309-525-5. Plant Capacity and Number of Treatment Trains.
R309-525-7. Plant Reliability.
R309-525-8. Color Coding and Pipe Marking.
R309-525-9. Diversion Structures and Pretreatment.
R309-525-10. Presedimentation.
R309-525-11. Chemical Addition.
(4) Information Required for Review.
(6) Storage, Safe Handling and Ventilation of Chemicals.
(7) Feeder Design, Location and Control.
(9) Make up Water Supply and Protection.
(11) Design for Specific Chemicals.
(1) General Design Requirements.
(2) Sedimentation Without Tube Settlers.
(3) Sedimentation With Tube Settlers.
R309-525-14. Solids Contact Units.
(11) Suspended slurry concentrate.
(3) Number of Filters Required.
(5) Support Media, Filter Bottoms and Strainer Systems.
(6) Structural Details and Hydraulics.
(8) Surface Wash or Subsurface Wash.
R309-525-16. In-Plant Finished Drinking Water Storage.
R309-525-17. Miscellaneous Plant Facilities.
(2) Continuous Turbidity Monitoring and Recording Equipment.
(3) Sanitary and Other Conveniences.
R309-525-19. Operation and Maintenance Manuals.
R309-525-20. Operator Instruction.
R309-525-22. Disinfection Prior To Use.
R309-525-23. Disposal of Treatment Plant Waste.
R309-525-24. Other Considerations.
R309-525-25. Operation and Maintenance.
R309-530. Facility Design and Operation: Alternative Surface Water Treatment Methods.
(2) Incorporation of Other Rules.
R309-530-5. Direct Filtration.
(1) Chemical Addition and Mixing.
R309-530-6. Slow Sand Filtration.
R309-530-7. Diatomaceous Earth Filtration.
R309-530-8. Membrane Technology.
(4) The Executive Secretary shall establish the turbidity limit. . .
R309-530-9. New Treatment Processes or Equipment.
R309-535. Facility Design and Operation: Miscellaneous Treatment Methods.
(1) Fluoride compound storage.
(2) Chemical feed equipment and methods.
R309-535-6. Taste and Odor Control.
R309-535-11. Iron and Manganese Control.
(1) Removal by Oxidation, Detention and Filtration.
(2) Removal by the Lime-soda Softening Process.
(3) Removal by Manganese Greensand Filtration.
(5) Sequestration by Polyphosphates.
R309-535-12. Point-of-Use and Point-of-Entry Treatment Devices.
R309-535-13. New Treatment Processes or Equipment.
R309-540. Facility Design and Operation: Pump Stations.
R309-540-5. Pumping Facilities.
(5) Automatic and remote controlled stations.
R309-540-6. Hydropneumatic Systems.
R309-545. Facility Design and Operation: Drinking Water Storage Tanks.
R309-545-6. Tank Material and Structural Adequacy.
R309-545-7. Location of Tanks.
(6) Earthquake and Landslide Risks.
R309-545-9. Tank Roof and Sidewalls.
(1) Protection From Contamination.
R309-545-10. Internal Features.
R309-545-11. ANSI/NSF International, Standard 61.
(1) ANSI/NSF Standard 61 Certification.
(2) Curing Time and Volatile Organic Compounds.
R309-545-16. Freezing Prevention.
(3) Requirements for Elevated Tanks.
R309-545-21. Incorporation by Reference.
(2) NSF International Standards.
R309-545-22. Operation and Maintenance of Storage Tanks.
R309-550. Facility Design and Operation: Transmission and Distribution Pipelines.
R309-550-5. Water Main Design.
(1) Distribution System Pressure.
(3) Computerized Network Analysis.
(10) Special Precautions in Areas of Groundwater Contamination by Organic Compounds.
(11) Separation of Water Mains from Other Sources of Contamination.
R309-550-6. Component Materials and Design.
(1) NSF Standard for Health Effects.
(2) Restrictions on Asbestos and Lead.
(3) AWWA Standards for Mechanical Properties.
(1) Basic Separation Standards.
(2) Exceptions to Basic Separation Standards.
(4) Water Service Laterals Crossing Sewer Mains and Laterals.
R309-550-8. Installation of Water Mains.
(4) Dropping Pipe into Trench.
(7) Pressure and Leakage Testing.
(9) Sealing Pipe Ends During Construction.
(10) Disinfecting Water Distribution Systems.
R309-550-9. Cross Connections and Interconnections.
(1) Physical Cross Connections.
R309-550-11. Service Connections and Plumbing.
(3) Individual Home Booster Pumps.
(5) Service Meters and Building Service Line.
R309-550-12. Transmission Lines.
(2) Proximity to Concentrated Sources of Pollution.
R309-550-13. Operation and Maintenance.
(1) Disinfection After Line Repair.
R309-600. Source Protection: Drinking Water Source Protection for Ground-Water Sources.
R309-600-5. Designated Person.
R309-600-9. Delineation of Protection Zones and Management Areas.
R309-600-10. Potential Contamination Source Inventory and Identification and Assessment of Controls.
R309-600-11. Management Program to Control Each Preexisting Potential Contamination Source.
R309-600-13. New Ground-water Sources of Drinking Water.
R309-600-14. Contingency Plans.
R309-600-15. Public Notification.
R309-600-16. Monitoring Reduction Waivers.
R309-605. Source Protection: Drinking Water Source Protection for Surface Water Sources.
R309-605-6. Designated Person.
R309-605-7. Drinking Water Source Protection (DWSP) for Surface Sources.
(3) Delineation of Protection Zones
(4) Susceptibility Analysis and Determination:
(5) Management Program to Control Each Preexisting Potential Contamination Source.
R309-605-8. DWSP for Ground-Water Sources Under the Direct Influence of Surface Water Sources.
R309-605-9. New Surface Water Sources of Drinking Water.
R309-605-10. Contingency Plans.
R309-700. Financial Assistance: State Drinking Water Project Revolving Loan Program.
R309-700-2. Statutory Authority.
R309-700-3. Definitions and Eligibility.
R309-700-4. Application and Project Initiation Procedures.
R309-700-5. Loan, Credit Enhancement, Interest Buy-Down, and Hardship Grant Consideration Policy.
R309-700-8. Design Grant or Loan.
R309-700-9. Credit Enhancement Agreements.
R309-700-10. Interest Buy-Down Agreements.
R309-700-12. Project Authorization (Reference R309-700-4(4)).
R309-700-13. Financial Evaluations.
R309-700-14. Committal of Funds and Approval of Agreements.
R309-705. Financial Assistance: Federal Drinking Water Project Revolving Loan Program.
R309-705-2. Statutory Authority.
R309-705-4. Financial Assistance Methods.
(1) Eligible Activities of the SRF.
(2) Types of Financial Assistance Available for Eligible Water Systems.
R309-705-5. Application and Project Initiation Procedures.
R309-705-6. Applicant Priority System and Selection of Terms of Assistance.
(2) Financial Assistance Determination.
R309-705-7. Project Authorization.
R309-705-8. Financial Evaluations.
R309-705-9. Emergency Assistance.
R309-705-10. Committal of Funds and Approval of Agreements.
R309-705-12. Compliance with Federal Requirements.
R309-352. Capacity Development Program
R309-352-5. Requirements for New Community and New Non-transient, Non-community Water Systems.
R309-352-6. Minimum Capacity Required for Financial Assistance Under Provisions of R309- 351.
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Table of Contents
R309-100-5. Approval of Plans and Specifications for Public Water Supply Projects.
R309-100-6. Feasibility Reviews.
R309-100-7. Sanitary Survey and Evaluation of Existing Facilities.
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R309-100. Administration: Drinking Water Program.
The purpose of this rule is to set forth the water quality and drinking water standards for public water systems.
This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104 of the Utah Code and in accordance with 63-46a of the same, known as the Administrative Rulemaking Act.
Definitions for certain terms used in this rule are given in R309-110 but may be further clarified herein.
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
(b) Serves an average of at least 25 individuals daily at least 60 days out of the year.
(c) A ratio of 3.13 persons per connection shall be used to calculate the population served unless more accurate information is available. The ratio is based on the statewide average persons per residence in the 2000 census. Therefore, notwithstanding the above stated threshold for the number of service connections, a drinking water system consisting of at least 8 service connections shall be deemed to serve 25 people and consequently be classified as a public drinking water system. This ratio shall only be used to determine whether any particular water system is considered a public water system. Any person or entity may challenge this provision 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) Submetered Properties.
(i) 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) 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) 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) 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) or plan review of modifications or changes to their systems (refer to R309-500).
(e) 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) Categories of Public Drinking Water Systems
Public drinking water systems are divided into three categories, as follows:
(a) "Community water system" 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" 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) 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.
(1) The Executive Secretary must approve, in writing, all engineering plans and specifications for public drinking water projects prior to construction.
(2) Refer to R309-105-6 and/or R309-500-6 for further requirements.
(3) Operating Permits shall be obtained by the public water system prior to placing any public drinking water facility into operation as required in R309-500-9.
(1) Upon the request of the local health department, the Department of Environmental Quality will conduct a review to determine the "feasibility" of adequate water supply for any proposed public water system (e.g. subdivisions, industrial plants or commercial facilities). Information submitted to the Department for consideration must be simultaneously submitted to the local health department. This feasibility review is a preliminary investigation of the proposed method of water supply and is done in conjunction with a review of proposed methods of wastewater disposal.
(2) Refer to the Department of Environmental Quality publication "Review Criteria for Establishing the Feasibility of Proposed Housing Subdivisions" available at the Division of Drinking Water.
(1) The Executive Secretary, after considering information gathered during sanitary surveys and facility evaluations, may make determinations of regulatory significance including: monitoring reductions or increases, treatment, variances and exemptions.
(2) CONDUCTING SANITARY SURVEYS
(a) The Executive Secretary shall ensure a sanitary survey is conducted at least every three years on all public water systems except transient non-community water systems that use only protected and disinfected ground water. The Executive Secretary may reduce this frequency to once every five years based on outstanding performance on prior sanitary surveys. The Executive Secretary shall ensure a sanitary survey is conducted at least every ten years on all transient non-community water systems that use only disinfected ground water from protected ground water zones as designated under R309-600. The Executive Secretary shall conduct an initial sanitary survey by June 29, 1994, on community water systems that do not collect five or more routine bacteriologic samples per month and by June 29, 1999, on non-transient non-community and transient non-community water systems.
(b) Sanitary surveys conducted by the following individuals under the circumstances as listed, may be used by the Executive Secretary for the above determinations:
(i) Division of Drinking Water personnel;
(ii) Utah Department of Environmental Quality District Engineers;
(iii) local health officials;
(iv) Forest Service engineers;
(v) Utah Rural Water Association staff;
(vi) consulting engineers; and
(vii) other qualified individuals authorized in writing by the Executive Secretary.
(3) CONDITIONS ON CONDUCT OF SANITARY SURVEYS
In order for the groups of individuals listed in R309-100-7(2)(b) to conduct sanitary surveys acceptable for consideration by the Executive Secretary, the following criteria must be met:
(a) Surveys of all systems involving complete treatment plants must be performed by Division of Drinking Water staff or others authorized in writing by the Executive Secretary;
(b) Local Health officials may conduct surveys of systems within their respective jurisdictions;
(c) U.S. Forest Service (USFS) engineers may conduct surveys of water systems if the system is owned and operated by the USFS or USFS concessionaires;
(d) Utah Rural Water Association staff may conduct surveys of water systems if the system's population is less than 10,000;
(e) Consulting Engineers under the direction of a Registered Professional Engineer;
(f) Other qualified individuals who are authorized in writing by the Executive Secretary may conduct surveys.
(4) SANITARY SURVEY REPORT CONTENT
The Executive Secretary will prescribe the form and content of sanitary survey reports and be empowered to reject all or part of unacceptable reports.
(5) ACCESS TO WATER FACILITIES
Department of Environmental Quality employees after reasonable notice and presentation of credentials, may enter any part of a public water system at reasonable times to inspect the facilities and water quality records, conduct sanitary surveys, take samples and otherwise evaluate compliance with Utah's drinking water rules. All others who have been authorized by the Executive Secretary to conduct sanitary surveys must have the permission of the water system owner or designated representative before a sanitary survey may be conducted.
(6) Refer to R309-100-8 and R309-105-6 for further requirements.
The Executive Secretary shall assign a rating to each public water supply in order to provide a concise indication of its condition and performance. The criteria to be used for determining a water system's rating shall be as set forth in R309-150.
(1) In situations in which a public water system fails to meet the requirements of these rules, the Board or the Executive Secretary may issue an order to a water supplier to take appropriate protective or corrective measures.
(2) Failure to comply with these rules or with an order issued by the Executive Secretary or the Board may result in the imposition of penalties as provided in the Utah Safe Drinking Water Act.
(3) The Executive Secretary may respond to emergency situations involving public drinking water, including emergency situations as described in R309-105-18, in a manner appropriate to protect the public health. The Executive Secretary's response may include the following:
(a) Issuing press releases to inform the public of any confirmed or possible hazards in their drinking water.
(b) Ordering water suppliers to take appropriate measures to protect public health, including issuance of orders pursuant to 63-46b-20, if warranted.
(1) Variances to the requirements of R309-200 of these rules may be granted by the Board to water systems which, because of characteristics of their raw water sources, cannot meet the required maximum contaminant levels despite the application of best technology and treatment techniques available (taking costs into consideration).
(2) The variance will be granted only if doing so will not result in an unreasonable risk to health.
(3) No variance from the maximum contaminant level for total coliforms are permitted.
(4) No variance from the minimum filtration and disinfection requirements of R309-525 and R309-530 will be permitted for sources classified by the Executive Secretary as directly influenced by surface water.
(6) Within one year of the date any variance is granted, the Board shall prescribe a schedule by which the water system will come into compliance with the maximum contaminant level in question. The requirements of Section 1415 of the Federal Safe Drinking Water Act, PL 104-182, are hereby incorporated by reference. The Board shall provide notice and opportunity for public hearing prior to granting any variance or determining the compliance schedule. Procedures for giving notice and opportunity for hearing will be as outlined in 40 CFR Section 142.44.
(1) The Board may grant an exemption from the requirements of R309-200 or from any required treatment technique if:
(a) Due to compelling factors (which may include economic factors), the public water system is unable to comply with contaminant level or treatment technique requirements, and
(b) The public water system was in operation on the effective date of such contaminant level or treatment technique requirement, and
(c) The granting of the exemption will not result in an unreasonable risk to health.
(2) No exemptions from the maximum contaminant level for total coliforms are permitted.
(3) No exemptions from the minimum disinfection requirements of R309-200-5(7) will be permitted for sources classified by the Executive Secretary as directly influenced by surface water.
(4) Within one year of the granting of an exemption, the Board shall prescribe a schedule by which the water system will come into compliance with contaminant level or treatment technique requirement. The requirements of Section 1416 of the Federal Safe Drinking Water Act, PL 104-182, are hereby incorporated by reference.
(5) The Board shall provide notice and opportunity for an exemption hearing as provided in 40 CFR Section 142.54.
KEY: drinking water, environmental protection, administrative procedures
Date of Enactment or Last Substantive Amendment: September 13, 2005
Notice of Continuation: May 16, 2005
Authorizing, and Implemented or Interpreted Law: 19-4-104; 63-46b-4
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Table of Contents
R309-105-5. Exemptions from Monitoring Requirements.
R309-105-6. Construction of Public Drinking Water Facilities.
(1) Approval of Engineering Plans and Specifications
(2) Acceptable Design and Construction Methods
(3) Description of "Public Drinking Water Project"
(4) Specifications for the drilling of a public water supply well
(6) Requirements After Approval of Plans for Construction
R309-105-7. Source Protection.
R309-105-8. Existing Water System Facilities.
R309-105-9. Minimum Water Pressure.
R309-105-10. Operation and Maintenance Procedures.
(3) Reservoir Maintenance and Disinfection.
(4) Spring Collection Area Maintenance
R309-105-11. Operator Certification.
R309-105-12. Cross Connection Control.
R309-105-13. Finished Water Quality.
R309-105-14. Operational Reports.
R309-105-16. Reporting Test Results.
R309-105-17. Record Maintenance.
R309-105. Administration: General Responsibilities of Public Water Systems.
The purpose of this rule is to set forth the general responsibilities of public water systems, water system owners and operators.
This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104 of the Utah Code and in accordance with 63-46a of the same, known as the Administrative Rulemaking Act.
Definitions for certain terms used in this rule are given in R309-110 but may be further clarified herein.
Water suppliers are responsible for the quality of water delivered to their customers. In order to give the public reasonable assurance that the water which they are consuming is satisfactory, the Board has established rules for the design, construction, water quality, water treatment, contaminant monitoring, source protection, operation and maintenance of public water supplies.
(1) The applicable requirements specified in R309-205, R309-210 and R309-215 for monitoring shall apply to each public water system, unless the public water system meets all of the following conditions:
(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
(b) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;
(c) Does not sell water to any person; and
(d) Is not a carrier which conveys passengers in interstate commerce.
(2) When a public water system supplies water to one or more other public water systems, the Executive Secretary may modify the monitoring requirements imposed by R309-205, R309-210 and R309-215 to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes.
(3) In no event shall the Executive Secretary authorize modifications in the monitoring requirements which are less stringent than requirements established by the Federal Safe Drinking Water Act.
The following requirements pertain to the construction of public water systems.
(a) Complete plans and specifications for all public drinking water projects, as described in R309-500-5, shall be approved in writing by the Executive Secretary prior to the commencement of construction. A 30-day review time should be assumed.
(b) Appropriate engineering reports, supporting information and master plans may also be required by the Executive Secretary as needed to evaluate the proposed project. A certificate of convenience and necessity or an exemption therefrom, issued by the Public Service Commission, shall be filed with the Executive Secretary prior to approval of any plans or specifications for projects described in R309-105-6(3)(a).
(a) The design and construction methods of all public drinking water facilities shall conform to the applicable standards contained in R309-500 through R309-550 of these rules. The Executive Secretary may require modifications to plans and specifications before approval is granted.
(b) There may be times in which the requirements of the applicable standards contained in R309-500 through R309-550 are not appropriate. Thus, the Executive Secretary may grant an "exception" to portions of these standards if it can be shown that the granting of such an exception will not jeopardize the public health.
(c) Alternative or new treatment techniques may be developed which are not specifically addressed by the applicable standards contained in R309-500 through R309-550. These treatment techniques may be accepted by the Executive Secretary if it can be shown that:
(i) They will result in a finished water meeting the requirements of R309-200 of these regulations.
(ii) The technique will produce finished water which will protect public health to the same extent provided by comparable treatment processes outlined in the applicable standards contained in R309-204 and R309-500 through R309-550.
(iii) The technique is as reliable as any comparable treatment process governed by the applicable standards contained in R309-204 and R309-500 through R309-550.
Refer to R309-500-5 for the description of a public drinking water project and R309-500-6 for required items to be submitted for plan approval.
may be prepared and submitted by a licensed well driller holding a current Utah Well Driller's Permit if authorized by the Executive Secretary.
Drawings which are submitted shall be compatible with Division of Drinking Water Document storage. Drawings which are illegible or of unusual size will not be accepted for review. Drawing size shall not exceed 30" x 42" nor be less than 8-1/2" x 11".
After the approval of plans for construction, and prior to operation of any facilities dealing with drinking water, the items required by R309-500-9 shall be submitted and an operating permit received.
(1) Public Water Systems are responsible for protecting their sources of drinking water from contamination. R309-600 and R309-605 sets forth minimum requirements to establish a uniform, statewide program for implementation by PWSs to protect their sources of drinking water. PWSs are encouraged to enact more stringent programs to protect their sources of drinking water if they decide they are necessary.
(2) R309-600 applies to ground-water sources and to ground-water sources which are under the direct influence of surface water which are used by PWSs to supply their systems with drinking water.
(3) R309-605 applies to PWSs which obtain surface water prior to treatment and distribution and to PWSs obtaining water from ground-water sources which are under the direct influence of surface water. However, compliance with this rule is voluntary for public transient non-community water systems to the extent that they are using existing surface water sources of drinking water.
(1) All public water systems shall deliver water meeting the applicable requirements of R309-200 of these rules.
(2) Existing facilities shall be brought into compliance with R309-500 through R309-550 or shall be reliably capable of delivering water meeting the requirements of R309-200.
(3) In situations where a water system is providing water of unsatisfactory quality, or when the quality of the water or the public health is threatened by poor physical facilities, the water system management shall solve the problem(s).
(1) Unless otherwise specifically approved by the Executive Secretary, no water supplier shall allow any connection to the water system where the dynamic water pressure at the point of connection will fall below 20 psi during the normal operation of the water system. Water systems approved prior to January 1, 2007, are required to maintain the above minimum dynamic water pressure at all locations within their distribution system. Existing public drinking water systems, approved prior to January 1, 2007, which expand their service into new areas or supply new subdivisions shall meet the minimum dynamic water pressure requirements in R309-105-9(2) at any point of connection in the new service areas or new subdivisions.
(2) Unless otherwise specifically approved by the Executive Secretary, new public drinking water systems constructed after January 1, 2007 shall be designed and shall meet the following minimum water pressures at points of connection:
(a) 20 psi during conditions of fire flow and fire demand experienced during peak day demand;
(b) 30 psi during peak instantaneous demand; and
(c) 40 psi during peak day demand.
(3) Individual home booster pumps are not allowed as indicated in R309-540-5(4)(c).
All routine operation and maintenance of public water supplies shall be carried out with due regard for public health and safety. The following sections describe procedures which shall be used in carrying out some common operation and maintenance procedures.
(a) Water system operators shall determine that all chemicals added to water intended for human consumption are suitable for potable water use and comply with ANSI/NSF Standard 60.
(b) No chemicals or other substances shall be added to public water supplies unless the chemical addition facilities and chemical type have been reviewed and approved by the Division of Drinking Water.
(c) Chlorine, when used in the distribution system, shall be added in sufficient quantity to achieve either "breakpoint" and yield a detectable free chlorine residual or a detectable combined chlorine residual in the distribution system at points to be determined by the Executive Secretary. Residual checks shall be taken daily by the operator of any system using disinfectants. The Executive Secretary may, however, reduce the frequency of residual checks if he determines that this would be an unwarranted hardship on the water system operator and, furthermore, the disinfection equipment has a verified record of reliable operation. Suppliers, when checking for residuals, shall use test kits and methods which meet the requirements of the U.S. EPA. The "DPD" test method is recommended for free chlorine residuals. Information on the suppliers of this equipment is available from the Division of Drinking Water.
(a) All new water mains shall meet the requirements of R309-550-6 with regard to materials of construction. All products in contact with culinary water shall comply with ANSI/NSF Standard 61.
(b) All new and repaired water mains or appurtenances shall be disinfected in accordance with AWWA Standard C651-92. The chlorine solution shall be flushed from the water main with potable water prior to the main being placed in use.
(c) All products used to recoat the interiors of storage structures and which may come in contact with culinary water shall comply with ANSI/NSF Standard 61.
After a reservoir has been entered for maintenance or re-coating, it shall be disinfected prior to being placed into service. Procedures given in AWWA Standard C651-92 shall be followed in this regard.
(a) Spring collection areas shall be periodically cleared of deep rooted vegetation to prevent root growth from clogging collection lines. Frequent hand or mechanical clearing of spring collection areas is strongly recommended. It is advantageous to encourage the growth of grasses and other shallow rooted vegetation for erosion control and to inhibit the growth of more detrimental flora.
(b) No pesticide (e.g., herbicide) may be applied on a spring collection area without the prior written approval of the Executive Secretary. Such approval shall be given 1) only when acceptable pesticides are proposed; 2) when the pesticide product manufacturer certifies that no harmful substance will be imparted to the water; and 3) only when spring development meets the requirements of these rules (see R309-515-7).
All water system facilities such as spring junction boxes, well houses, reservoirs, and treatment facilities shall be secure.
Water systems operated seasonally shall be disinfected and flushed according to the techniques given in AWWA Standard C651-92 and C652-92 prior to each season's use. A satisfactory bacteriologic sample shall be achieved prior to use. During the non-use period, care shall be taken to close all openings into the system.
All oil lubricated pumps for culinary wells shall utilize mineral oils suitable for human consumption as determined by the Executive Secretary. To assure proper performance, and to prevent the voiding of any warranties which may be in force, the water supplier should confirm with individual pump manufacturers that the oil which is selected will have the necessary properties to perform satisfactorily.
All community and non-transient non-community water systems or any public system that employs treatment techniques for surface water or ground water under the direct influence of surface water shall have an appropriately certified operator in accordance with the requirements of these rules. Refer to R309-300, Certification Rules for Water Supply Operators, for specific requirements.
(1) The water supplier shall not allow a connection to his system which may jeopardize its quality and integrity. Cross connections are not allowed unless controlled by an approved and properly operating backflow prevention assembly. The requirements of Chapter 6 of the 2006 International Plumbing Code and its amendments as adopted by the Department of Commerce under R156-56 shall be met with respect to cross connection control and backflow prevention.
(2) Each water system shall have a functioning cross connection control program. The program shall consist of five designated elements documented on an annual basis. The elements are:
(a) a legally adopted and functional local authority to enforce a cross connection control program (i.e., ordinance, bylaw or policy);
(b) providing public education or awareness material or presentations;
(c) an operator with adequate training in the area of cross connection control or backflow prevention;
(d) written records of cross connection control activities, such as, backflow assembly inventory; and
(e) test history and documentation of on-going enforcement (hazard assessments and enforcement actions) activities.
(3) Suppliers shall maintain, as proper documentation, an inventory of each pressure atmospheric vacuum breaker, double check valve, reduced pressure zone principle assembly, and high hazard air gap used by their customers, and a service record for each such assembly.
(4) Backflow prevention assemblies shall be inspected and tested at least once a year, by an individual certified for such work as specified in R309-305. Suppliers shall maintain, as proper documentation, records of these inspections. This testing responsibility may be borne by the water system or the water system management may require that the customer having the backflow prevention assembly be responsible for having the device tested.
(5) Suppliers serving areas also served by a pressurized irrigation system shall prevent cross connections between the two. Requirements for pressurized irrigation systems are outlined in Section 19-4-112 of the Utah Code.
All public water systems are required to monitor their water according to the requirements of R309-205, R309-210 and R309-215 to determine if the water quality standards of R309-200 have been met. Water systems are also required to keep records and, under certain circumstances, give public notice as required in R309-220.
(1) Treatment techniques for acrylamide and epichlorohydrin.
(a) Each public water system shall certify annually in writing to the Executive Secretary (using third party or manufacturer's certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified in R309-215-8(2)(c).
(b) Certifications may rely on manufacturers data.
(2) (a) All water systems using chemical addition or specialized equipment for the treatment of drinking water shall regularly complete operational reports. This information shall be evaluated to confirm that the treatment process is being done properly, resulting in successful treatment.
(b) The information to be provided, and the frequency at which it is to be gathered and reported, will be determined by the Executive Secretary.
All community water systems shall be required to complete annual report forms furnished by the Division of Drinking Water. The information to be provided should include: the status of all water system projects started during the previous year; water demands met by the system; problems experienced; and anticipated projects.
(1) If analyses are made by certified laboratories other than the state laboratory, these results shall be forwarded to the Division as follows:
(a) The supplier shall report to the Division the analysis of water samples which fail to comply with the Primary Drinking Water Standards of R309-200. Except where a different reporting period is specified in R309-205, R309-210 or R309-215, this report shall be submitted within 48 hours after the supplier receives the report from his lab. The Division may be reached at (801)536-4200.
(b) Monthly summaries of bacteriologic results shall be submitted within ten days following the end of each month.
(c) All results of TTHM samples shall be reported to the Division within 10 days of receipt of analysis for systems monitoring pursuant to R309-210-9.
(d) For all samples other than samples showing unacceptable results, bacteriologic samples or TTHM samples, the time between the receipt of the analysis and the reporting of the results to the Division shall not exceed 40 days.
(e) Arsenic sampling results shall be reported to the nearest 0.001 mg/L.
(2) Disinfection byproducts, maximum residual disinfectant levels and disinfection byproduct precursors and enhanced coagulation or enhanced softening. This section applies to the reporting requirements of R309-210-8, R309-215-12 and R309-215-13. For the reporting requirements of R309-210-9, R309-210-10 and R309-215-15 are contained within R309-210-9, R309-210-10 and R309-215-15, respectively.
(a) Systems required to sample quarterly or more frequently shall report to the State within 10 days after the end of each quarter in which samples were collected. Systems required to sample less frequently than quarterly shall report to the State within 10 days after the end of each monitoring period in which samples were collected. The Executive Secretary may choose to perform calculations and determine whether the MCL was exceeded, in lieu of having the system report that information.
(b) Disinfection byproducts. Systems shall report the information specified.
(i) Systems monitoring for TTHMs and HAA5 under the requirements of R309-210-8(2) on a quarterly or more frequent basis shall report:
(A) The number of samples taken during the last quarter.
(B) The location, date, and result of each sample taken during the last quarter.
(C) The arithmetic average of all samples taken in the last quarter.
(D) The annual arithmetic average of the quarterly arithmetic averages of this section for the last four quarters.
(E) Whether, based on R309-210-8(6)(b)(i), the MCL was violated.
(ii) Systems monitoring for TTHMs and HAA5 under the requirements of R309-210-8(2) less frequently than quarterly (but at least annually) shall report:
(A) The number of samples taken during the last year.
(B) The location, date, and result of each sample taken during the last monitoring period.
(C) The arithmetic average of all samples taken over the last year.
(D) Whether, based on R309-210-8(6)(b)(i), the MCL was violated.
(iii) Systems monitoring for TTHMs and HAA5 under the requirements of R309-210-8(2) less frequently than annually shall report:
(A) The location, date, and result of the last sample taken.
(B) Whether, based on R309-210-8(6)(b)(i), the MCL was violated.
(iv) Systems monitoring for chlorite under the requirements of R309-210-8(2) shall report:
(A) The number of entry point samples taken each month for the last 3 months.
(B) The location, date, and result of each sample (both entry point and distribution system) taken during the last quarter.
(C) For each month in the reporting period, the arithmetic average of all samples taken in each three sample set taken in the distribution system.
(D) Whether, based on R309-210-8(6)(b)(ii), the MCL was violated.
(v) System monitoring for bromate under the requirements of R309-210-8(2) shall report:
(A) The number of samples taken during the last quarter.
(B) The location, date, and result of each sample taken during the last quarter.
(C) The arithmetic average of the monthly arithmetic averages of all samples taken in the last year.
(D) Whether, based on R309-210-8(6)(b)(iii), the MCL was violated.
(c) Disinfectants. Systems shall report the information specified to the Executive Secretary within ten days after the end of each month the system serves water to the public, except as otherwise noted:
(i) Systems monitoring for chlorine or chloramines under the requirements of R309-210-8(3)(a) shall report and certify, by signing the report form provided by the Executive Secretary, that all the information provided is accurate and correct and that any chemical introduced into the drinking water complies with ANSI/NSF Standard 60:
(A) The number of samples taken during each month of the last quarter.
(B) The monthly arithmetic average of all samples taken in each month for the last 12 months.
(C) The arithmetic average of all monthly averages for the last 12 months.
(D) The additional data required in R309-210-8(3)(a)(ii).
(E) Whether, based on R309-210-8(6)(c)(i), the MRDL was violated.
(ii) Systems monitoring for chlorine dioxide under the requirements of R309-210-8(3) shall report:
(A) The dates, results, and locations of samples taken during the last quarter.
(B) Whether, based on R309-210-8(6)(c)(ii), the MRDL was violated.
(C) Whether the MRDL was exceeded in any two consecutive daily samples and whether the resulting violation was acute or nonacute.
(d) Disinfection byproduct precursors and enhanced coagulation or enhanced softening. Systems shall report the information specified.
(i) Systems monitoring monthly or quarterly for TOC under the requirements of R309-215-12 and required to meet the enhanced coagulation or enhanced softening requirements in R309-215-13(2)(b) or (c) shall report:
(A) The number of paired (source water and treated water) samples taken during the last quarter.
(B) The location, date, and results of each paired sample and associated alkalinity taken during the last quarter.
(C) For each month in the reporting period that paired samples were taken, the arithmetic average of the percent reduction of TOC for each paired sample and the required TOC percent removal.
(D) Calculations for determining compliance with the TOC percent removal requirements, as provided in R309-215-13(3)(a).
(E) Whether the system is in compliance with the enhanced coagulation or enhanced softening percent removal requirements in R309-215-13(2) for the last four quarters.
(ii) Systems monitoring monthly or quarterly for TOC under the requirements of R309-215-12 and meeting one or more of the alternative compliance criteria in R309-215-13(1)(b) or (c) shall report:
(A) The alternative compliance criterion that the system is using.
(B) The number of paired samples taken during the last quarter.
(C) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter.
(D) The running annual arithmetic average based on monthly averages (or quarterly samples) of source water TOC for systems meeting a criterion in R309-215-13(1)(b)(i) or (iii) or of treated water TOC for systems meeting the criterion in R309-215-13(1)(b)(ii).
(E) The running annual arithmetic average based on monthly averages (or quarterly samples) of source water SUVA for systems meeting the criterion in R309-215-13(1)(b)(v) or of treated water SUVA for systems meeting the criterion in R309-215-13(1)(b)(vi).
(F) The running annual average of source water alkalinity for systems meeting the criterion in R309-215-13(1)(b)(iii) and of treated water alkalinity for systems meeting the criterion in R309-215-13(1)(c)(i).
(G) The running annual average for both TTHM and HAA5 for systems meeting the criterion in R309-215-13(1)(b)(iii) or (iv).
(H) The running annual average of the amount of magnesium hardness removal (as CaCO3, in mg/L) for systems meeting the criterion in R309-215-13(1)(c)(ii).
(I) Whether the system is in compliance with the particular alternative compliance criterion in R309-215-13(1)(b) or (c).
(3) The public water system, within 10 days of completing the public notification requirements under R309-220 for the initial public notice and any repeat notices, shall submit to the Division a certification that it has fully complied with the public notification regulations. The public water system shall include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.
(4) All samples taken in accordance with R309-215-6 shall be submitted within 10 days following the end of the operational period specified for that particular treatment. Finished water samples results for the contaminant of concern that exceed the Primary Drinking Water Standards of R309-200, shall be reported to the Division within 48 hours after the supplier receives the report. The Division may be reached at (801) 536-4000.
(5) Documentation of operation and maintenance for point-of-use or point-of -entry treatment units shall be provided to the Division annually. The Division shall receive the documentation by January 31 annually.
All public water systems shall retain on their premises or at convenient location near their premises the following records:
(1) Records of microbiological analyses and turbidity analyses made pursuant to this Section shall be kept for not less than five years. Records of chemical analyses made pursuant to this Section shall be kept for not less than ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:
(a) The date, place and time of sampling, and the name of the person who collected the sample;
(b) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample.
(c) Date of analysis;
(d) Laboratory and person responsible for performing analysis;
(e) The analytical technique/method used; and
(f) The results of the analysis.
(2) Lead and copper recordkeeping requirements.
(a) Any water system subject to the requirements of R309-210-6 shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Executive Secretary determinations, and any other information required by R309-210-6.
(b) Each water system shall retain the records required by this section for no fewer than 12 years.
(3) Records of action taken by the system to correct violations of primary drinking water regulations shall be kept for a period not less than three years after the last action taken with respect to the particular violation involved.
(4) Copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, State or Federal agency, shall be kept for a period not less than ten years after completion of the sanitary survey involved.
(5) Records concerning a variance or exemption granted to the system shall be kept for a period ending not less than five years following the expiration of such variance or exemption.
(6) Records that concern the tests of a backflow prevention assembly and location shall be kept by the system for a minimum of not less than five years from the date of the test.
(7) Copies of public notices issued pursuant to R309-220 and certifications made to the Executive Secretary agency pursuant to R309-105-16 shall be kept for three years after issuance.
(8) Copies of monitoring plans developed pursuant to these rules shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under R309-105-17(1), except as otherwise specified. In all cases the monitoring plans shall be kept as long as the any associated report.
(9) A water system must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your IDSE report. If the Executive Secretary modifies the R309-210-10 monitoring requirements that you recommended in your IDSE report or if the Executive Secretary approves alternative monitoring locations, you must keep a copy of the Executive Secretary's notification on file for 10 years after the date of the Executive Secretary's notification. You must make the IDSE report and any Executive Secretary notification available for review by the Executive Secretary or the public.
(10) A water system must retain a complete copy of its 40/30 certification submitted under this R309-210-9 for 10 years after the date that you submitted your certification. You must make the certification, all data upon which the certification is based, and any Executive Secretary notification available for review by the Executive Secretary or the public.
(11) A water subject to the disinfection profiling requirements of R309-215-14 shall keep must keep results of profile (raw data and analysis) indefinitely.
(12) A water system subject to the disinfection benchmarking requirements of R309-215-14 shall keep must keep results of profile (raw data and analysis) indefinitely.
(1) The Executive Secretary or the local health department shall be informed by telephone by a water supplier of any "emergency situation". The term "emergency situation" includes the following:
(a) The malfunction of any disinfection facility such that a detectable residual cannot be maintained at all points in the distribution system.
(b) The malfunction of any "complete" treatment plant such that a clearwell effluent turbidity greater than 5 NTU is maintained longer than fifteen minutes.
(c) Muddy or discolored water (which cannot be explained by air entrainment or re-suspension of sediments normally deposited within the distribution system) is experienced by a significant number of individuals on a system.
(d) An accident has occurred which has, or could have, permitted the entry of untreated surface water and/or other contamination into the system (e.g. break in an unpressurized transmission line, flooded spring area, chemical spill, etc.)
(e) A threat of sabotage has been received by the water supplier or there is evidence of vandalism or sabotage to any public drinking water supply facility which may affect the quality of the delivered water.
(f) Any instance where a consumer reports becoming sick by drinking from a public water supply and the illness is substantiated by a doctor's diagnosis (unsubstantiated claims should also be reported to the Division of Drinking Water, but this is not required).
(2) If an emergency situation exists, the water supplier shall then contact the Division in Salt Lake City within eight hours. Division personnel may be reached at all times through 801-536-4123.
(3) All suppliers are advised to develop contingency plans to cope with possible emergency situations. In many areas of the state the possibility of earthquake damage shall be realistically considered.
KEY: drinking water, watershed management
Date of Enactment or Last Substantive Amendment: May 14, 2007
Notice of Continuation: May 16, 2005
Authorizing, and Implemented or Interpreted Law: 19-4-104; 63-46b-4
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R309-110. Administration: Definitions.
The purpose of this rule is to define certain terms and expressions that are utilized throughout all rules under R309. Collectively, those rules govern the administration, monitoring, operation and maintenance of public drinking water systems as well as the design and construction of facilities within said systems.
This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104 of the Utah Code and in accordance with 63-46a of the same, known as the Administrative Rulemaking Act.
As used in R309:
"AF" means Acre Foot.
"AWOP" means Area Wide Optimization Program.
"AWWA" means American Water Works Association.
"BAT" means Best Available Technology.
"C" means Residual Disinfectant Concentration.
"CCP" means Composite Correction Program.
"CCR" means Consumer Confidence Report.
"CEU" means Continuing Education Unit.
"CFE" means Combined Filter Effluent.
"CFR" means Code of Federal Regulations.
"cfs" means Cubic Feet Per Second.
"CPE" means Comprehensive Performance Evaluation.
"CT" means Residual Concentration multiplied by Contact Time.
"CTA" means Comprehensive Technical Assistance.
"CWS" means Community Water System.
"DBPs" means Disinfection Byproducts.
"DE" means Diatomaceous Earth.
"DTF" means Data Transfer Format.
"DWSP" means Drinking Water Source Protection.
"EP" means Entry Point.
"EPA" means Environmental Protection Agency.
"ERC" means Equivalent Residential Connection.
"FBRR" means Filter Backwash Recycling Rule.
"fps" means Feet Per Second
"FR" means Federal Register.
"gpd" means Gallons Per Day.
"gpm" means Gallons Per Minute.
"gpm/sf" means Gallons Per Minute Per Square Foot.
"GWR" means Ground Water Rule.
"GWUDI" means Ground Water Under Direct Influence of Surface Water.
"HAA5s" means Haloacetic Acids (Five).
"HPC" means Heterotrophic Plate Count.
"ICR" means Information Collection Rule of 40 CRF 141 subpart M.
"IESWTR" means Interim Enhanced Surface Water Treatment Rule.
"IFE" means Individual Filter Effluent.
"LT1ESWTR" means Long Term 1 Enhanced Surface Water Treatment Rule.
"LT2ESWTR" means Long Term 2 Enhanced Surface Water Treatment Rule.
"MCL" means Maximum Contaminant Level.
"MCLG" means Maximum Contaminant Level Goal.
"M and R" means Monitoring and Reporting.
"MDBP" means Microbial-Disinfection Byproducts.
"M/DBP Cluster" means Microbial-Disinfectants/Disinfection Byproducts Cluster.
"MG" means Million Gallons.
"MGD" means Million Gallons Per Day.
"mg/L" means Milligrams Per Liter
"MRDL" means Maximum Residual Disinfectant Level.
"MRDLG" means Maximum Residual Disinfectant Level Goal.
"NCWS" means Non-Community Water System.
"NTNC" means Non-Transient Non-Community.
"NTU" means Nephelometric Turbidity Unit.
"PN" means Public Notification.
"POE" means Point-of-Entry.
"POU" means Point-of-Use.
"PWS" means Public Water System.
"PWS-ID" means Public Water System Identification Number.
"RTC" means Return to Compliance.
"SDWA" means Safe Drinking Water Act.
"SDWIS/FED" means Safe Drinking Water Information System/Federal Version.
"SDWIS/STATE" means Safe Drinking Water Information System/State Version.
"SNC" means Significant Non-Compliance.
"Stage 1 DBPR" means Stage 1 Disinfectants and Disinfection Byproducts Rule.
"Stage 2 DBPR" means Stage 2 Disinfectants and Disinfection Byproducts Rule.
"Subpart H" means A PWS using SW or GWUDI.
"Subpart P" means A PWS using SW or GWUDI and serving at least 10,000 people.
"Subpart S" means Provisions of 40 CRF 141 subpart S commonly referred to as the Information Collection Rule.
"Subpart T" means A PWS using SW or GWUDI and serving less than 10,000 people.
"SUVA" means Specific Ultraviolet Absorption.
"SW" means Surface Water.
"SWAP" means Source Water Assessment Program.
"SWTR" means Surface Water Treatment Rule.
"T" means Contact Time.
"TA" means Technical Assistance.
"TCR" means Total Coliform Rule.
"TNCWS" means Transient Non-Community Water System.
"TNTC" means Too Numerous To Count.
"TOC" means Total Organic Carbon.
"TT" means Treatment Technique.
"TTHM" means Total Trihalomethanes.
"UAC" means Utah Administrative Code.
"UPDWR" means Utah Public Drinking Water Rules (R309 of the UAC).
"WCP" means Watershed Control Program.
"WHP" means Wellhead Protection.
As used in R309:
"Action Level" means the concentration of lead or copper in drinking water tap samples (0.015 mg/l for lead and 1.3 mg/l for copper) which determines, in some cases, the corrosion treatment, public education and lead line replacement requirements that a water system is required to complete.
"AF" means acre foot and is the volume of water required to cover an acre to a depth of one foot (one AF is equivalent to 325,851 gallons).
"Air gap" The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, catch basin, plumbing fixture or other device and the flood level rim of the receptacle. This distance shall be two times the diameter of the effective opening for openings greater than one inch in diameter where walls or obstructions are spaced from the nearest inside edge of the pipe opening a distance greater than three times the diameter of the effective openings for a single wall, or a distance greater than four times the diameter of the effective opening for two intersecting walls. This distance shall be three times the diameter of the effective opening where walls or obstructions are closer than the distances indicated above.
"ANSI/NSF" refers to the American National Standards Institute and NSF International. NSF International has prepared at least two health effect standards dealing with treatment chemicals added to drinking water and system components that will come into contact with drinking water, these being Standard 60 and Standard 61. The American National Standards Institute acts as a certifying agency, and determines which laboratories may certify to these standards.
"Approval" unless indicated otherwise, shall be taken to mean a written statement of acceptance from the Executive Secretary.
"Approved" refers to a rating placed on a system by the Division and means that the public water system is operating in substantial compliance with all the Rules of R309.
"Average Yearly Demand" means the amount of water delivered to consumers by a public water system during a typical year, generally expressed in MG or AF.
"AWWA" refers to the American Water Works Association located at 6666 West Quincy Avenue, Denver, Colorado 80235. Reference within these rules is generally to a particular Standard prepared by AWWA and which has completed the ANSI approval process such as ANSI/AWWA Standard C651-92 (AWWA Standard for Disinfecting Water Mains).
"Backflow" means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the potable water supply from any source. Also see backsiphonage, backpressure and cross-connection.
"Backpressure" means the phenomena that occurs when the customer's pressure is higher than the supply pressure, This could be caused by an unprotected cross connection between a drinking water supply and a pressurized irrigation system, a boiler, a pressurized industrial process, elevation differences, air or steam pressure, use of booster pumps or any other source of pressure. Also see backflow, backsiphonage and cross connection.
"Backsiphonage" means a form of backflow due to a reduction in system pressure which causes a subatmospheric or negative pressure to exist at a site or point in the water system. Also see backflow and cross-connection.
"Bag Filters" are pressure-driven separation devices that remove particle matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.
"Bank Filtration" is a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s).
"Best Available Technology" (BAT) means the best technology, treatment techniques, or other means which the Executive Secretary finds, after examination under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purposes of setting MCLs for synthetic organic chemicals, any BAT must be at least as effective as granular activated carbon for all these chemicals except vinyl chloride. Central treatment using packed tower aeration is also identified as BAT for synthetic organic chemicals.
"Board" means the Drinking Water Board.
"Body Politic" means the State or its agencies or any political subdivision of the State to include a county, city, town, improvement district, taxing district or any other governmental subdivision or public corporation fo the State.
"Breakpoint Chlorination" means addition of chlorine to water until the chlorine demand has been satisfied. At this point, further addition of chlorine will result in a free residual chlorine that is directly proportional to the amount of chlorine added beyond the breakpoint.
"C" is short for "Residual Disinfectant Concentration."
"Capacity Development" means technical, managerial, and financial capabilities of the water system to plan for, achieve, and maintain compliance with applicable drinking water standards.
"Cartridge filters" are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.
"cfs" means cubic feet per second and is one way of expressing flowrate (one cfs is equivalent to 448.8 gpm).
"Class" means the level of certification of Backflow Prevention Technician (Class I, II or III).
"Coagulation" is the process of destabilization of the charge (predominantly negative) on particulates and colloids suspended in water. Destabilization lessens the repelling character of particulates and colloids and allows them to become attached to other particles so that they may be removed in subsequent processes. The particulates in raw waters (which contribute to color and turbidity) are mainly clays, silt, viruses, bacteria, fulvic and humic acids, minerals (including asbestos, silicates, silica, and radioactive particles), and organic particulate.
"Collection area" means the area surrounding a ground-water source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other ground-water collection devices.
"Combined distribution system" is the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.
"Commission" means the Operator Certification Commission.
"Community Water System" (CWS) means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
"Compliance cycle" means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle began January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.
"Compliance period" means a three-year calendar year period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period ran from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; and the third is from January 1, 1999 to December 31, 2001.
"Comprehensive Performance Evaluation" (CPE) is a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purposes of compliance with these rules, the comprehensive performance evaluation must consist of at least the following components: Assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.
"Confirmed SOC contamination area" means an area surrounding and including a plume of SOC contamination of the soil or water which previous monitoring results have confirmed. The area boundaries may be determined by measuring 3,000 feet horizontally from the outermost edges of the confirmed plume. The area includes deeper aquifers even though only the shallow aquifer is the one contaminated.
"Confluent growth" means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion of the filtration area in which discrete bacterial colonies can not be distinguished.
"Consecutive system" is a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system or one or more consecutive systems.
"Contaminant" means any physical, chemical biological, or radiological substance or matter in water.
"Continuing Education Unit" (CEU) means ten contact hours of participation in, and successful completion of, an organized and approved continuing education experience under responsible sponsorship, capable direction, and qualified instruction. College credit in approved courses may be substituted for CEUs on an equivalency basis.
"Conventional Surface Water Treatment" means a series of processes including coagulation, flocculation, sedimentation, filtration and disinfection resulting in substantial particulate removal and inactivation of pathogens.
"Controls" means any codes, ordinances, rules, and regulations that a public water system can cite as currently in effect to regulate potential contamination sources; any physical conditions which may prevent contaminants from migrating off of a site and into surface or ground water; and any site with negligible quantities of contaminants.
"Corrective Action" refers to a rating placed on a system by the Division and means a provisional rating for a public water system not in compliance with the Rules of R309, but making all the necessary changes outlined by the Executive Secretary to bring them into compliance.
"Corrosion inhibitor" means a substance capable of reducing the corrosiveness of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.
"Credit Enhancement Agreement" means any agreement entered into between the Board, on behalf of the State, and an eligible water system for the purpose of providing methods and assistance to eligible water systems to improve the security for and marketability of drinking water project obligations.
"Criteria" means the conceptual standards that form the basis for DWSP area delineation to include distance, ground-water time of travel, aquifer boundaries, and ground-water divides.
"Criteria threshold" means a value or set of values selected to represent the limits above or below which a given criterion will cease to provide the desired degree of protection.
"Cross-Connection" means any actual or potential connection between a drinking (potable) water system and any other source or system through which it is possible to introduce into the public drinking water system any used water, industrial fluid, gas or substance other than the intended potable water. For example, if you have a pump moving non-potable water and hook into the drinking water system to supply water for the pump seal, a cross-connection or mixing may lead to contamination of the drinking water. Also see backsiphonage, backpressure and backflow.
"Cross Connection Control Program" means the program administered by the public water system in which cross connections are either eliminated or controlled.
"Cross Connection Control Commission" means the duly constituted advisory subcommittee appointed by the Board to advise the Board on Backflow Technician Certification and the Cross Connection Control Program of Utah.
"CT" or "CTcalc" is the product of "residual disinfectant concentration" (C) in mg/l determined before or at the first customer, and the corresponding "disinfectant contact time" (T) in minutes, i.e., "C" x "T." If a public water system applies disinfectant at more than one point prior to the first customer, the summation of each CT value for each disinfectant sequence before or at the first customer determines the total percent inactivation or "Total Inactivation Ratio." In determining the Total Inactivation Ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s).
"CTreq'd" is the CT value required when the log reduction credit given the filter is subtracted from the (3-log) inactivation requirement for Giardia lamblia or the (4-log) inactivation requirement for viruses.
"CT99.9" is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. CT99.9 for a variety of disinfectants and conditions appear in Tables 1.1-1.6, 2.1, and 3.1 of Section 141.74(b)(3) in the code of Federal Regulations (also available from the Division).
"Designated person" means the person appointed by a public water system to ensure that the requirements of their Drinking Water Source Protection Plan(s) for ground water sources and/or surface water sources are met.
"Desired Design Discharge Rate" means the discharge rate selected for the permanent pump installed in a public drinking water well source. This pumping rate is selected by the water system owner or engineer and can match or be the same rate utilized during the constant rate pump test required by R309-515 and R309-600 to determine delineated protection zones. For consideration of the number of permanent residential connections or ERC's that a well source can support (see Safe Yield) the Division will consider 2/3 of the test pumping rate as the safe yield.
"Direct Employment" means that the operator is directly compensated by the drinking water system to operate that drinking water system.
"Direct Filtration" means a series of processes including coagulation and filtration, but excluding sedimentation, resulting in substantial particulate removal.
"Direct Responsible Charge" means active on-site control and management of routine maintenance and operation duties. A person in direct responsible charge is generally an operator of a water treatment plant or distribution system who independently makes decisions during normal operation which can affect the sanitary quality, safety, and adequacy of water delivered to customers. In cases where only one operator is employed by the system, this operator shall be considered to be in direct responsible charge.
"Disadvantaged Communities" are defined as those communities located in an area which has a median adjusted gross income which is less than or equal to 80% of the State's median adjusted gross income, as determined by the Utah State Tax commission from federal individual income tax returns excluding zero exemptions returns.
"Discipline" means type of certification (Distribution or Treatment).
"Disinfectant Contact Time" ("T" in CT calculations) means the time in minutes that it takes water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration ("C") is measured. Where only one "C" is measured, "T" is the time in minutes that it takes water to move from the point of disinfectant application to a point before or at where residual disinfectant concentration ("C") is measured. Where more than one "C" is measured, "T" is (a) for the first measurement of "C," the time in minutes that it takes water to move from the first or only point of disinfectant application to a point before or at the point where the first "C" is measured and (b) for subsequent measurements of "C," the time in minutes that it takes for water to move from the previous "C" measurement point to the "C" measurement point for which the particular "T" is being calculated. Disinfectant contact time in pipelines must be calculated by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs must be determined by tracer studies or an equivalent demonstration.
"Disinfection" means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents (see also Primary Disinfection and Secondary Disinfection).
"Disinfection profile" is a summary of daily Giardia lamblia inactivation through the treatment plant.
"Distribution System" means the use of any spring or well source, distribution pipelines, appurtenances, and facilities which carry water for potable use to consumers through a public water supply. Systems which chlorinate groundwater are in this discipline.
"Distribution System Manager" means the individual responsible for all operations of a distribution system.
"Division" means the Utah Division of Drinking Water, who acts as staff to the Board and is also part of the Utah Department of Environmental Quality.
"Dose Equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission of Radiological Units and Measurements (ICRU).
"Drinking Water" means water that is fit for human consumption and meets the quality standards of R309-200. Common usage of terms such as culinary water, potable water or finished water are synonymous with drinking water.
"Drinking Water Project" means any work or facility necessary or desirable to provide water for human consumption and other domestic uses which has at least fifteen service connections or serves an average of twenty-five individuals daily for at least sixty days of the year and includes collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system and collection, pretreatment or storage facilities used primarily in connection with the system but not under such control.
"Drinking Water Project Obligation" means any bond, note or other obligation issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading or improving a drinking water project.
"Drinking Water Regional Planning" means a county wide water plan, administered locally by a coordinator, who facilitates the input of representatives of each public water system in the county with a selected consultant, to determine how each public water system will either collectively or individually comply with source protection, operator certification, monitoring (including consumer confidence reports), capacity development (including technical, financial and managerial aspects), environmental issues, available funding and related studies.
"Dual sample set" is a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an IDSE under R309-210-9 and determining compliance with the TTHM and HAA5 MCLs under R309-210-10.
"DWSP Program" means the program to protect drinking water source protection zones and management areas from contaminants that may have an adverse effect on the health of persons.
"DWSP Zone" means the surface and subsurface area surrounding a ground-water or surface water source of drinking water supplying a PWS, over which or through which contaminants are reasonably likely to move toward and reach such water source.
"Emergency Storage" means that storage tank volume which provides water during emergency situations, such as pipeline failures, major trunk main failures, equipment failures, electrical power outages, water treatment facility failures, source water supply contamination, or natural disasters.
"Engineer" means a person licensed under the Professional Engineers and Land Surveyors Licensing Act, 58-22 of the Utah Code, as a "professional engineer" as defined therein.
"Enhanced coagulation" means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.
"Enhanced softening" means the improved removal of disinfection byproduct precursors by precipitative softening.
"Equalization Storage" means that storage tank volume which stores water during periods of low demand and releases the water under periods of high demand. Equalization storage provides a buffer between the sources and distribution for the varying daily water demands. Typically, water demands are high in the early morning or evening and relatively low in the middle of the night. A rule-of-thumb for equalization storage volume is that it should be equal to one average day's use.
"Equivalent Residential Connection" (ERC) is a term used to evaluate service connections to consumers other than the typical residential domicile. Public water system management is expected to review annual metered drinking water volumes delivered to non-residential connections and estimate the equivalent number of residential connections that these represent based upon the average of annual metered drinking water volumes delivered to true single family residential connections. This information is utilized in evaluation of the system's source and storage capacities (refer to R309-510).
"Executive Secretary" means the Executive Secretary of the Board as appointed and with authority outlined in 19-4-106 of the Utah Code.
"Existing ground-water source of drinking water" means a public supply ground-water source for which plans and specifications were submitted to the Division on or before July 26, 1993.
"Existing surface water source of drinking water" means a public supply surface water source for which plans and specifications were submitted to the Division on or before June 12, 2000.
"Filtration" means a process for removing particulate matter from water by passage through porous media.
"Filter profile" is a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts verus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.
"Financial Assistance" means a drinking water project loan, credit enhancement agreement, interest buy-down agreement or hardship grant.
"Finished water" is water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).
"Fire Suppression Storage" means that storage tank volume allocated to fire suppression activities. It is generally determined by the requirements of the local fire marshal, expressed in gallons, and determined by the product of a minimum flowrate in gpm and required time expressed in minutes.
"First draw sample" means a one-liter sample of tap water, collected in accordance with an approved lead and copper sampling site plan, that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.
"Flash Mix" is the physical process of blending or dispersing a chemical additive into an unblended stream. Flash Mixing is used where an additive needs to be dispersed rapidly (within a period of one to ten seconds). Common usage of terms such as "rapid mix" or "initial mix" are synonymous with flash mix.
"Floc" means flocculated particles or agglomerated particles formed during the flocculation process. Flocculation enhances the agglomeration of destabilized particles and colloids toward settleable (or filterable) particles (flocs). Flocculated particles may be small (less than 0.1 mm diameter) micro flocs or large, visible flocs (0.1 to 3.0 mm diameter).
"Flocculation" means a process to enhance agglomeration of destabilized particles and colloids toward settleable (or filterable) particles (flocs). Flocculation begins immediately after destabilization in the zone of decaying mixing energy (downstream from the mixer) or as a result of the turbulence of transporting flow. Such incidental flocculation may be an adequate flocculation process in some instances. Normally flocculation involves an intentional and defined process of gentle stirring to enhance contact of destabilized particles and to build floc particles of optimum size, density, and strength to be subsequently removed by settling or filtration.
"Flowing stream" is a course of running water flowing in a definite channel.
"fps" means feet per second and is one way of expressing the velocity of water.
"G" is used to express the energy required for mixing and for flocculation. It is a term which is used to compare velocity gradients or the relative number of contacts per unit volume per second made by suspended particles during the flocculation process. Velocity gradients G may be calculated from the following equation: G = square root of the value(550 times P divided by u times V). Where: P = applied horsepower, u = viscosity, and V = effective volume.
"GAC10" means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with R309-210-10 MCLs under R309-200-5(3)(i)(A) shall be 120 days.
"GAC20" means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.
"Geologist" means a person licensed under the Professional Geologist Licensing Act, 58-76 of the Utah Code, as a "professional geologist" as defined therein.
"Geometric Mean" the geometric mean of a set of N numbers X1, X2, X3,...., XN is the Nth root of the product of the numbers.
"gpd" means gallons per day and is one way of expressing average daily water demands experienced by public water systems.
"gpm" means gallons per minute and is one way of expressing flowrate.
"gpm/sf" means gallons per minute per square foot and is one way of expressing flowrate through a surface area.
"Grade" means any one of four possible steps within a certification discipline of either water distribution or water treatment. Grade I indicates knowledge and experience requirements for the smallest type of public water supply. Grade IV indicates knowledge and experience levels appropriate for the largest, most complex type of public water supply.
"Gross Alpha Particle Activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.
"Gross Beta Particle Activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.
"ground water of high quality" means a well or spring producing water deemed by the Executive Secretary to be of sufficiently high quality that no treatment is required. Such sources shall have been designed and constructed in conformance with these rules, have been tested to establish that all applicable drinking water quality standards (as given in rule R309-200) are reliably and consistently met, have been deemed not vulnerable to natural or man-caused contamination, and the public water system management have established adequate protection zones and management policies in accordance with rule R309-600.
"ground water of low quality" means a well or spring which, as determined by the Executive Secretary, cannot reliably and consistently meet the drinking water quality standards described in R309-200. Such sources shall be deemed to be a low quality ground water source if any of the conditions outlined in subsection R309-505-8(1) exist. Ground water that is classified "UDI" is a subset of this definition and requires "conventional surface water treatment" or an acceptable alternative.
"Ground Water Source" means any well, spring, tunnel, adit, or other underground opening from or through which ground water flows or is pumped from subsurface water-bearing formations.
"Ground Water Under the Direct Influence of Surface Water" or "UDI" or "GWUDI" means any water beneath the surface of the ground with significant occurrence of insects or other macro organisms, algae, or large-diameter pathogens such as Giardia lamblia, or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence will be determined for individual sources in accordance with criteria established by the Executive Secretary. The determination of direct influence may be based on site-specific measurements of water quality and/or documentation of well or spring construction and geology with field evaluation.
"Haloacetic acids"(five) (HAA5) mean the sum of the concentrations in mg/L of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition.
"Hardship Grant" means a grant of monies to a political subdivision that meets the drinking water project loan considerations whose project is determined by the Board to not be economically feasible unless grant assistance is provided. A hardship grant may be authorized in the following forms:
(1) a Planning Advance which will be required to be repaid at a later date, to help meet project costs incident to planning to determine the economic, engineering and financial feasibility of a proposed project;
(2) a Design Advance which will be required to be repaid at a later date, to help meet project costs incident to design including, but not limited to, surveys, preparation of plans, working drawings, specifications, investigations and studies; or
(3) a Project Grant which will not be required to be repaid.
"Hardship Grant Assessment" means an assessment applied to loan recipients. The assessment shall be calculated as a percentage of principal. Hardship grant assessment funds shall be subject to the requirements of UAC R309-700 for hardship grants.
"Hotel, Motel or Resort" shall include tourist courts, motor hotels, resort camps, hostels, lodges, dormitories and similar facilities, and shall mean every building, or structure with all buildings and facilities in connection, kept, used, maintained as, advertised as, or held out to the public to be, a place where living accommodations are furnished to transient guests or to groups normally occupying such facilities on a seasonal or short term basis.
"Hydrogeologic methods" means the techniques used to translate selected criteria and criteria thresholds into mappable delineation boundaries. These methods include, but are not limited to, arbitrary fixed radii, analytical calculations and models, hydrogeologic mapping, and numerical flow models.
"Initial compliance period" means the first full three-year compliance period which begins at least 18 months after promulgation, except for contaminants listed in R309-200-5(3)(a), Table 200-2 numbers 19 to 33; R309-200-5(3)(b), Table 200-3 numbers 19 to 21; and R309-200-5(1)(c), Table 200-1 numbers 1, 5, 8, 11 and 18, initial compliance period means the first full three-year compliance after promulgation for systems with 150 or more service connections (January 1993-December 1995), and first full three-year compliance period after the effective date of the regulation (January 1996-December 1998) for systems having fewer than 150 service connections.
"Intake", for the purposes of surface water drinking water source protection, means the device used to divert surface water and also the conveyance to the point immediately preceding treatment, or, if no treatment is provided, at the entry point to the distribution system.
"Interest Buy-Down Agreement" means any agreement entered into between the Board, on behalf of the State, and a political subdivision, for the purpose of reducing the cost of financing incurred by a political subdivision on bonds issued by the subdivision for drinking water project costs.
"Labor Camp" shall mean one or more buildings, structures, or grounds set aside for use as living quarters for groups of migrant laborers or temporary housing facilities intended to accommodate construction, industrial, mining or demolition workers.
"Lake / reservoir" refers to a natural or man made basin or hollow on the Earth's surface in which water collects or is stored that may or may not have a current or single direction of flow.
"Land management strategies" means zoning and non-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, ground water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
"Land use agreement" means a written agreement, memoranda or contract wherein the owner(s) agrees not to locate or allow the location of uncontrolled potential contamination sources or pollution sources within zone one of new wells in protected aquifers or zone one of surface water sources. The owner(s) must also agree not to locate or allow the location of pollution sources within zone two of new wells in unprotected aquifers and new springs unless the pollution source agrees to install design standards which prevent contaminated discharges to ground water. This restriction must be binding on all heirs, successors, and assigns. Land use agreements must be recorded with the property description in the local county recorder's office. Refer to R309-600-13(2)(d).
Land use agreements for protection areas on publicly owned lands need not be recorded in the local county recorder office. However, a letter must be obtained from the Administrator of the land in question and meet the requirements described above.
"Large water system" for the purposes of R309-210-6 only, means a water system that serves more than 50,000 persons.
"Lead free" means, for the purposes of R309-210-6, when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent lead; when used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing not more than 8.0 percent lead; and when used with respect to plumbing fittings and fixtures intended by the manufacturer to dispense water for human ingestion refers to fittings and fixtures that are in compliance with standards established in accordance with 42 U.S.C. 300 g-6(e).
"Lead service line" means a service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line.
"Legionella" means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease.
"Locational running annual average (LRAA)" is the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters.
"Major Bacteriological Routine Monitoring Violation" means that no routine bacteriological sample was taken as required by R309-210-5(1).
"Major Bacteriological Repeat Monitoring Violation" - means that no repeat bacteriological sample was taken as required by R309-210-5(2).
"Major Chemical Monitoring Violation" - means that no initial background chemical sample was taken as required in R309-515-4(5).
"Management area" means the area outside of zone one and within a two-mile radius where the Optional Two-mile Radius Delineation Procedure has been used to identify a protection area.
For wells, land may be excluded from the DWSP management area at locations where it is more than 100 feet lower in elevation than the total drilled depth of the well.
For springs and tunnels, the DWSP management area is all land at elevation equal to or higher than, and within a two-mile radius, of the spring or tunnel collection area. The DWSP management area also includes all land lower in elevation than, and within 100 horizontal feet, of the spring or tunnel collection area. The elevation datum to be used is the point of water collection. Land may also be excluded from the DWSP management area at locations where it is separated from the ground water source by a surface drainage which is lower in elevation than the spring or tunnel collection area.
"Man-Made Beta Particle and Photon Emitters" means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, "NBS Handbook 69," except the daughter products of thorium-232, uranium-235 and uranium-238.
"Maximum Contaminant Level" (MCL) means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.
"Maximum residual disinfectant level" (MRDL) means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a PWS is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as MCLs pursuant to UT Code S 19-4-104. There is convincing evidence that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in R309-200-5(3), operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross-connections.
"Maximum residual disinfectant level goal" (MRDLG) means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. MRDLGs are non-enforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.
"Medium-size water system" for the purposes of R309-210-6 only, means a water system that serves greater than 3,300 and less than or equal to 50,000 persons.
"Membrane filtration" is a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes that common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.
"Metropolitan area sources" means all sources within a metropolitan area. A metropolitan area is further defined to contain at least 3,300 year round residents. A small water system which has sources within a metropolitan system's service area, may have those sources classified as a metropolitan area source.
"MG" means million gallons and is one way of expressing a volume of water.
"MGD" means million gallons per day and is one way of expressing average daily water demands experienced by public water systems or the capacity of a water treatment plant.
"mg/L" means milligrams per liter and is one way of expressing the concentration of a chemical in water. At small concentrations, mg/L is synonymous with "ppm" (parts per million).
"Minor Bacteriological Routine Monitoring Violation" means that not all of the routine bacteriological samples were taken as required by R309-210-5(1).
"Minor Bacteriological Repeat Monitoring Violation" means that not all of the repeat bacteriological samples were taken as required by R309-210-5(2).
"Minor Chemical Monitoring Violation" means that the required chemical sample(s) was not taken in accordance with R309-205 and R309-210.
"Modern Recreation Camp" means a campground accessible by any type of vehicular traffic. The camp is used wholly or in part for recreation, training or instruction, social, religious, or physical education activities or whose primary purpose is to provide an outdoor group living experience. The site is equipped with permanent buildings for the purpose of sleeping, a drinking water supply under pressure, food service facilities, and may be operated on a seasonal or short term basis. These types of camps shall include but are not limited to privately owned campgrounds such as youth camps, church camps, boy or girl scout camps, mixed age groups, family group camps, etc.
"Near the first service connection" means one of the service connections within the first 20 percent of all service connections that are nearest to the treatment facilities.
"Negative Interest" means a loan having loan terms with an interest rate at less than zero percent. The repayment schedule for loans having a negative interest rate will be prepared by the Board.
"New ground water source of drinking water" means a public supply ground water source of drinking water for which plans and specifications are submitted to the Division after July 26, 1993.
"New surface water source of drinking water" means a public supply surface water source of drinking water for which plans and specifications are submitted to the Division after June 12, 2000.
"New Water System" means a system that will become a community water system or non-transient, non-community water system on or after October 1, 1999.
"Non-Community Water System" (NCWS) means a public water system that is not a community water system. There are two types of NCWS's: transient and non-transient.
"Non-distribution system plumbing problem" means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which a coliform-positive sample was taken.
"Nonpoint source" means any diffuse source of contaminants or pollutants not otherwise defined as a point source.
"Non-Transient Non-Community Water System" (NTNCWS) means a public water system that regularly serves at least 25 of the same nonresident persons per day for more than 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.
"Not Approved" refers to a rating placed on a system by the Division and means the water system does not fully comply with all the Rules of R309 as measured by R309-400.
"NTU" means Nephelometric Turbidity Units and is an acceptable method for measuring the clarity of water utilizing an electronic nephelometer (see "Standard Methods for Examination of Water and Wastewater").
"Operator" means a person who operates, repairs, maintains, and is directly employed by a public drinking water system.
"Operator Certification Commission" means the Commission appointed by the Board as an advisory Commission on public water system operator certification.
"Operating Permit" means written authorization from the Executive Secretary to actually start utilizing a facility constructed as part of a public water system.
"Optimal corrosion control treatment" for the purposes of R309-210-6 only, means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.
"Package Plants" refers to water treatment plants manufactured and supplied generally by one company which are reportedly complete and ready to hook to a raw water supply line. Caution, some plants do not completely comply with all requirements of these rules and will generally require additional equipment.
"PCBs" means a group of chemicals that contain polychlorinated biphenyl.
"Peak Day Demand" means the amount of water delivered to consumers by a public water system on the day of highest consumption, generally expressed in gpd or MGD. This peak day will likely occur during a particularly hot spell in the summer. In contrast, some systems associated with the skiing industry may experience their "Peak Day Demand" in the winter.
"Peak Hourly Flow" means the maximum hourly flow rate from a water treatment plant and utilized when the plant is preparing disinfection profiling as called for in R309-215-14(2).
"Peak Instantaneous Demand" means calculated or estimated highest flowrate that can be expected through any water mains of the distribution network of a public water system at any instant in time, generally expressed in gpm or cfs (refer to section R309-510-9).
"Person" means an individual, corporation, company, association, partnership; municipality; or State, Federal, or tribal agency.
"Picocurie" (pCi) means that quantity of radioactive material producing 2.22 nuclear transformations per minute.
"Plan Approval" means written approval, by the Executive Secretary, of contract plans and specifications for any public drinking water project which have been submitted for review prior to the start of construction (see also R309-500-7).
"Plant intake" refers to the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant.
"Plug Flow" is a term to describe when water flowing through a tank, basin or reactors moves as a plug of water without ever dispersing or mixing with the rest of the water flowing through the tank.
"Point of Disinfectant Application" is the point where the disinfectant is applied and water downstream of that point is not subject to re-contamination by surface water runoff.
"Point of Diversion"(POD) is the point at which water from a surface source enters a piped conveyance, storage tank, or is otherwise removed from open exposure prior to treatment.
"Point-of-Entry Treatment Device" means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.
"Point-of-Use Treatment Device" means a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.
"Point source" means any discernible, confined, and discrete source of pollutants or contaminants, including but not limited to any site, pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, animal feeding operation with more than ten animal units, landfill, or vessel or other floating craft, from which pollutants are or may be discharged.
"Political Subdivision" means any county, city, town, improvement district, metropolitan water district, water conservancy district, special service district, drainage district, irrigation district, separate legal or administrative entity created under Title 11, Chapter 13, Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of Utah.
"Pollution source" means point source discharges of contaminants to ground or surface water or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies, drain lines, and animal feeding operations with more than ten animal units.
The following definitions are part of R309-600 and clarify the meaning of "pollution source:"
(1) "Animal feeding operation" means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
(2) "Animal unit" means a unit of measurement for any animal feeding operation calculated by adding the following numbers; the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
(3) "Extremely hazardous substances" means those substances which are identified in the Sec. 302(EHS) column of the "TITLE III LIST OF LISTS - Consolidated List of Chemicals Subject to Reporting Under SARA Title III," (EPA 550-B-96-015). A copy of this document may be obtained from: NCEPI, PO Box 42419, Cincinnati, OH 45202. Online ordering is also available at http://www.epa.gov/ncepihom/orderpub.html.
"Potential contamination source" means any facility or site which employs an activity or procedure which may potentially contaminate ground or surface water. A pollution source is also a potential contamination source.
"ppm" means parts per million and is one way of expressing the concentration of a chemical in water. At small concentrations generally used, ppm is synonymous with "mg/l" (milligrams per liter).
"Practical Quantitation Level" (PQL) means the required analysis standard for laboratory certification to perform lead and copper analyses. The PQL for lead is .005 milligrams per liter and the PQL for copper is 0.050 milligrams per liter.
"Presedimentation" is a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.
"Primary Disinfection" means the adding of an acceptable primary disinfectant during the treatment process to provide adequate levels of inactivation of bacteria and pathogens. The effectiveness is measured through "CT" values and the "Total Inactivation Ratio." Acceptable primary disinfectants are, chlorine, ozone, and chlorine dioxide (see also "CT" and "CT99.9").
"Principal Forgiveness" means a loan wherein a portion of the loan amount is "forgiven" upon closing the loan. The terms for principal forgiveness will be as directed by R309-705-8, and by the Board.
"Project Costs" include the cost of acquiring and constructing any drinking water project including, without limitation: the cost of acquisition and construction of any facility or any modification, improvement, or extension of such facility; any cost incident to the acquisition of any necessary property, easement or right of way; engineering or architectural fees, legal fees, fiscal agent's and financial advisors' fees; any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed project; costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications and the inspection and supervision of the construction of any facility; interest accruing on loans made under this program during acquisition and construction of the project; and any other cost incurred by the political subdivision, the Board or the Department of Environmental Quality, in connection with the issuance of obligation of the political subdivision to evidence any loan made to it under the law.
"Protected aquifer" means a producing aquifer in which the following conditions are met:
(1) A naturally protective layer of clay, at least 30 feet in thickness, is present above the aquifer;
(2) the PWS provides data to indicate the lateral continuity of the clay layer to the extent of zone two; and
(3) the public supply well is grouted with a grout seal that extends from the ground surface down to at least 100 feet below the surface, and for a thickness of at least 30 feet through the protective clay layer.
"Public Drinking Water Project" means construction, addition to, or modification of any facility of a public water system which may affect the quality or quantity of the drinking water (see also section R309-500-6).
"Public Water System" (PWS) means a system, either publicly or privately owned, providing water through constructed conveyances for human consumption and other domestic uses, which has at least 15 service connections or serves an average of at least 25 individuals daily at least 60 days out of the year and includes collection, treatment, storage, or distribution facilities under the control of the operator and used primarily in connection with the system, or collection, pretreatment or storage facilities used primarily in connection with the system but not under his control (see 19-4-102 of the Utah Code Annotated). All public water systems are further categorized into three different types, community (CWS), non-transient non-community (NTNCWS), and transient non-community (TNCWS). These categories are important with respect to required monitoring and water quality testing found in R309-205 and R309-210 (see also definition of "water system").
"Raw Water" means water that is destined for some treatment process that will make it acceptable as drinking water. Common usage of terms such as lake or stream water, surface water or irrigation water are synonymous with raw water.
"Recreational Home Developments" are subdivision type developments wherein the dwellings are not intended as permanent domiciles.
"Recreational Vehicle Park" means any site, tract or parcel of land on which facilities have been developed to provide temporary living quarters for individuals utilizing recreational vehicles. Such a park may be developed or owned by a private, public or non-profit organization catering to the general public or restricted to the organizational or institutional member and their guests only.
"Regional Operator" means a certified operator who is in direct responsible charge of more than one public drinking water system.
"Regionalized Water System" means any combination of water systems which are physically connected or operated or managed as a single unit.
"Rem" means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A "millirem" (mrem) is 1/1000 of a rem.
"Renewal Course" means a course of instruction, approved by the Subcommittee, which is a prerequisite to the renewal of a Backflow Technician's Certificate.
"Repeat compliance period" means any subsequent compliance period after the initial compliance period.
"Replacement well" means a public supply well drilled for the sole purpose of replacing an existing public supply well which is impaired or made useless by structural difficulties and in which the following conditions are met:
(1) the proposed well location shall be within a radius of 150 feet from an existing ground water supply well; and
(2) the PWS provides a copy of the replacement application approved by the State Engineer (refer to Section 73-3-28 of the Utah Code).
"Required reserve" means funds set aside to meet requirements set forth in a loan covenant/bond indenture.
"Residual Disinfectant Concentration" ("C" in CT calculations) means the concentration of disinfectant, measured in mg/L, in a representative sample of water.
"Restricted Certificate" means that the operator has qualified by passing an examination but is in a restricted certification status due to lack of experience as an operator.
"Roadway Rest Stop" shall mean any building, or buildings, or grounds, parking areas, including the necessary toilet, hand washing, water supply and wastewater facilities intended for the accommodation of people using such facilities while traveling on public roadways. It does not include scenic view or roadside picnic areas or other parking areas if these are properly identified
"Routine Chemical Monitoring Violation" means no routine chemical sample(s) was taken as required in R309-205, R309-210 and R309-215.
"Safe Yield" means the annual quantity of water that can be taken from a source of supply over a period of years without depleting the source beyond its ability to be replenished naturally in "wet years".
"Sanitary Seal" means a cap that prevents contaminants from entering a well through the top of the casing.
"scfm/sf" means standard cubic foot per minute per square foot and is one way of expressing flowrate of air at standard density through a filter or duct area.
"Secondary Disinfection" means the adding of an acceptable secondary disinfectant to assure that the quality of the water is maintained throughout the distribution system. The effectiveness is measured by maintaining detectable disinfectant residuals throughout the distribution system. Acceptable secondary disinfectants are chlorine, chloramine, and chlorine dioxide.
"Secondary Maximum Contaminant Level" means the advisable maximum level of contaminant in water which is delivered to any user of a public water system.
"Secretary to the Subcommittee" means that individual appointed by the Executive Secretary to conduct the business of the Subcommittee.
"Sedimentation" means a process for removal of solids before filtration by gravity or separation.
"Semi-Developed Camp" means a campground accessible by any type of vehicular traffic. Facilities are provided for both protection of site and comfort of users. Roads, trails and campsites are defined and basic facilities (water, flush toilets and/or vault toilets, tables, fireplaces or tent pads) are provided. These camps include but are not limited to National Forest campgrounds, Bureau of Reclamation campgrounds, and youth camps.
"Service Connection" means the constructed conveyance by which a dwelling, commercial or industrial establishment, or other water user obtains water from the supplier's distribution system. Multiple dwelling units such as condominiums or apartments, shall be considered to have a single service connection, if fed by a single line, for the purpose of microbiological repeat sampling; but shall be evaluated by the supplier as multiple "equivalent residential connections" for the purpose of source and storage capacities.
"Service Factor" means a rating on a motor to indicate an increased horsepower capacity beyond nominal nameplate capacity for occasional overload conditions.
"Service line sample" means a one-liter sample of water collected in accordance with R309-210-6(3)(b)(iii), that has been standing for at least 6 hours in a service line.
"Single family structure" for the purposes of R309-210-6 only, means a building constructed as a single-family residence that is currently used as either a residence or a place of business.
"Small water system" means a public water system that serves 3,300 persons or fewer.
"Specialist" means a person who has successfully passed the written certification exam and meets the required experience, but who is not in direct employment with a Utah public drinking water system.
"Stabilized drawdown" means that there is less than 0.5 foot of change in water level measurements in a pumped well for a minimum period of six hours.
"Standard sample" means the aliquot of finished drinking water that is examined for the presence of coliform bacteria.
"SOCs" means synthetic organic chemicals.
"Stabilized Drawdown" means the drawdown measurements taken during a constant-rate yield and drawdown test as outlined in subsection R309-515-14(10)(b) are constant (no change).
"Stock Tight" means a type of fence that can prevent the passage of grazing livestock through its boundary. An example of such fencing is provided by design drawing 02838-3 titled "Cattle Exclosure" designed by the U.S. Department of the Interior, Bureau of Land Management, Division of Technical Services (copies available from the Division).
"Subcommittee" means the Cross Connection Control Subcommittee.
"Supplier of water" means any person who owns or operates a public water system.
"Surface Water" means all water which is open to the atmosphere and subject to surface runoff (see also section R309-515-5(1)). This includes conveyances such as ditches, canals and aqueducts, as well as natural features.
"Surface Water Systems" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to filtration and disinfection (Federal SWTR subpart H) and the requirements of R309-215 "Monitoring and Water Quality: Treatment Plant Monitoring Requirements."
"Surface Water Systems (Large)" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to filtration and disinfection and serve a population of 10,000 or greater (Federal SWTR subpart P and L) and the requirements of R309-215 "Monitoring and Water Quality: Treatment Plant Monitoring Requirements."
"Surface Water Systems (Small)" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to filtration and disinfection and serve a population less than 10,000 (Federal SWTR subpart L, T and P (sanitary survey requirements)) and the requirements of R309-215 "Monitoring and Water Quality: Treatment Plant Monitoring Requirements."
"Susceptibility" means the potential for a PWS (as determined at the point immediately preceding treatment, or if no treatment is provided, at the entry point to the distribution system) to draw water contaminated above a demonstrated background water quality concentration through any overland or subsurface pathway. Such pathways may include cracks or fissures in or open areas of the surface water intake, and/or the wellhead, and/or the pipe/conveyance between the intake and the water distribution system or treatment.
"SUVA" means Specific Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).
"System with a single service connection" means a system which supplies drinking water to consumers via a single service line.
"T" is short for "Contact Time" and is generally used in conjunction with either the residual disinfectant concentration (C) in determining CT or the velocity gradient (G) in determining mixing energy GT.
"Ten State Standards" refers to the Recommended Standards For Water Works, 1997 by the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers available from Health Education Services, A Division of Health Research Inc., P.O. Box 7126, Albany, New York 12224, (518)439-7286.
"Time of travel" means the time required for a particle of water to move in the producing aquifer from a specific point to a ground water source of drinking water. It also means the time required for a particle of water to travel from a specific point along a surface water body to an intake.
"Total Inactivation Ratio" is the sum of all the inactivation ratios calculated for a series of disinfection sequences, and is indicated or shown as: "Summation sign (CTcalc)/(CTreq'd)." A total inactivation ratio equal to or greater than 1.0 is assumed to provide the required inactivation of Giardia lamblia cysts. CTcalc/CT99.9 equal to 1.0 provides 99.9 percent (3-log) inactivation, whereas CTcalc/CT90 equal to 1.0 only provides 90 percent (1-log) inactivation.
"Too numerous to count" (TNTC) means that the total number of bacterial colonies exceeds 200 on a 47 mm diameter membrane filter used for coliform detection.
"Total Organic Carbon" (TOC) means total organic carbon in mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.
"Total Trihalomethanes" (TTHM) means the MCL for trihalomethanes. This is the sum of four of ten possible isomers of chlorine/bromine/methane compounds, all known as trihalomethanes (THM). TTHM is defined as the arithmetic sum of the concentrations in micro grams per liter of only four of these (chloroform, bromodichloromethane, dibromochloromethane, and bromoform) rounded to two significant figures. This measurement is made by samples which are "quenched," meaning that a chlorine neutralizing agent has been added, preventing further THM formation in the samples.
"Training Coordinating Committee" means the voluntary association of individuals responsible for environmental training in the state of Utah.
"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.
"Treatment Plant" means those facilities capable of providing any treatment to any waterserving a public drinking water system. (Examples would include but not be limited to disinfection, conventional surface water treatment, alternative surface water treatment methods, corrosion control methods, aeration, softening, etc.).
"Treatment Plant Manager" means the individual responsible for all operations of a treatment plant.
"Trihalomethanes" (THM) means any one or all members of this class of organic compounds.
"Trihalomethane Formation Potential" (THMFP) - these samples are collected just following disinfection and measure the highest possible TTHM value to be expected in the water distribution system. The formation potential is measured by not neutralizing the disinfecting agent at the time of collection, but storing the sample seven days at 25 degrees C prior to analysis. A chlorine residual must be present in these samples at the end of the seven day period prior to analysis for the samples to be considered valid for this test. Samples without a residual at the end of this period must be resampled if this test is desired.
"Turbidity Unit" refers to NTU or Nephelometric Turbidity Unit.
"Two-stage lime softening" is a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.
"UDI" means under direct influence (see also "Ground Water Under the Direct Influence of Surface Water").
"Uncovered finished water storage facility" is a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere.
"Unprotected aquifer" means any aquifer that does not meet the definition of a protected aquifer.
"Unregulated Contaminant" means a known or suspected disease causing contaminant for which no maximum contaminant level has been established.
"Unrestricted Certificate" means that a certificate of competency issued by the Executive Secretary when the operator has passed the appropriate level written examination and has met all certification requirements at the discipline and grade stated on the certificate.
"Virus" means a virus of fecal origin which is infectious to humans.
"Waterborne Disease Outbreak" means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system, as determined by the appropriate local or State agency.
"Watershed" means the topographic boundary that is the perimeter of the catchment basin that contributes water through a surface source to the intake structure. For the purposes of surface water DWSP, if the topographic boundary intersects the state boundary, the state boundary becomes the boundary of the watershed.
"Water Supplier" means a person who owns or operates a public drinking water system.
"Water System" means all lands, property, rights, rights-of-way, easements and related facilities owned by a single entity, which are deemed necessary or convenient to deliver drinking water from source to the service connection of a consumer(s). This includes all water rights acquired in connection with the system, all means of conserving, controlling and distributing drinking water, including, but not limited to, diversion or collection works, springs, wells, treatment plants, pumps, lift stations, service meters, mains, hydrants, reservoirs, tanks and associated appurtenances within the property or easement boundaries under the control of or controlled by the entity owning the system.
In accordance with R309, certain water systems may be exempted from monitoring requirements, but such exemption does not extend to submittal of plans and specifications for any modifications considered a public drinking water project.
"Wellhead" means the physical structure, facility, or device at the land surface from or through which ground water flows or is pumped from subsurface, water-bearing formations.
"Wholesale system" is a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.
"Zone of Influence" corresponds to area of the upper portion of the cone of depression as described in "Groundwater and Wells," second edition, by Fletcher G. Driscoll, Ph.D., and published by Johnson Division, St. Paul, Minnesota.
KEY: drinking water, definitions
Date of Enactment or Last Substantive Amendment: May 14, 2007
Notice of Continuation: May 16, 2005
Authorizing, and Implemented or Interpreted Law: 19-4-104; 63-46b-4
Table of Contents
R309-115-2. Initial Proceedings.
R309-115-3. Contesting an Initial Order or Notice of Violation.
R309-115-4. Designation of Proceedings as Formal or Informal.
R309-115-5. Notice of and Response to Request for Agency Action.
R309-115-6. Parties and Intervention.
(5) Amicus Curiae (Friend of the Court).
R309-115-7. Conduct of Proceedings.
(2) Appointed Presiding Officers.
(9) Filing and Copies of Submissions.
(1) Recommended Orders of Appointed Presiding Officers.
(1) Stay of Orders Pending Administrative Adjudication.
(2) Stay of the Order Pending Judicial Review.
R309-115-12. Disqualification of Board Members or Other Presiding Officers.
R309-115-13. Declaratory Orders.
R309-115. Administrative Procedures.
(1) This rule R309-115 sets out procedures for conducting adjudicative proceedings under Title 19, Chapter 4, Utah Safe Drinking Water Act, and governed by Title 63, Chapter 46b, the Utah Administrative Procedures Act.
(2) The executive secretary, or his delegatee as authorized, may issue initial orders or notices of violation as authorized by the Board. Following the issuance of an initial order or notice of violation under Title 19, Chapter 4, the recipient, or in some situations an intervenor, may contest that order or notice in a proceeding before the board or before a presiding officer appointed by the board.
(3) Issuance of initial orders and notices of violation are not governed by the Utah Administrative Procedures Act as provided under 63-46b-1(2)(k) and are not governed by sections R309-115-3 through R309-115-14 of this Rule. Initial orders and notices of violation are further described in R309-115-2(1).
(4) Proceedings to contest an initial order or notice of violation are governed by the Utah Administrative Procedures Act and by this rule R309-115.
(5) The Utah Administrative Procedures Act and this rule R309-115 also govern any other formal adjudicative proceeding before the Drinking Water Board.
(1) Initial Proceedings Exempt from Utah Administrative Procedures Act. Initial orders and notices of violation include, but are not limited to, initial proceedings regarding:
(a) approval, denial, termination, modification, revocation, reissuance or renewal of permits, plans, or approval orders;
(b) notices of violation and orders associated with notices of violation;
(c) orders to comply and orders to cease and desist;
(d) requests for variances, exemptions, and other approvals;
(e) certification of water supply operators under R309-300 and backflow technicians under R309-302;
(f) ratings of water systems under R309-400-4; and
(g) assessment of fees except as provided in R309-115-14(7).
(2) Effect of Initial Orders and Notices of Violation.
(a) Unless otherwise stated, all initial orders or notices of violation are effective upon issuance. All initial orders or notices of violation shall become final if not contested within 30 days after the date issued.
(b) The date of issuance of an initial order or notice of violation is the date the initial order or notice of violation is mailed.
(c) Failure to timely contest an initial order or notice of violation waives any right of administrative contest, reconsideration, review, or judicial appeal.
(1) Procedure. Initial orders and notices of violation, as described in R309-115-2(1), may be contested by filing a written Request for Agency Action to the Executive Secretary, Drinking Water Board, Division of Drinking Water, PO Box 144830, Salt Lake City, Utah 84114-4830.
(2) Content Required and Deadline for Request. Any such request is governed by and shall comply with the requirements of Subsection 63-46b-3(3). If a request for agency action is made by a person other than the recipient of an order or notice of violation, the request for agency action shall also specify in writing sufficient facts to allow the board to determine whether the person has standing under R309-115-6(3) to bring the requested action.
(3) A request for agency action made to contest an initial order or notice of violation shall, to be timely, be received for filing within 30 days of the issuance of the initial order or notice of violation.
(4) Stipulation for Extending Time to File Request. The executive secretary and the recipient of an initial order or notice of violation may stipulate to an extension of time for filing the request, or any part thereof.