Utah Admin. Code R309-600-6 - Definitions

The following terms are defined for the purposes of this rule:

(1) "Collection area" means the area surrounding a groundwater source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other groundwater collection devices.

(2) "Controls" means

(a) the codes, ordinances, rules, and regulations currently in effect to regulate a potential contamination source.

(b) physical controls which may prevent contaminants from migrating off a site and into surface water or groundwater.

(c) negligible quantities of contaminants.

(3) "Criteria" means the conceptual standards that form the basis for DWSP area delineation to include distance, groundwater time of travel, aquifer boundaries, and groundwater divides.

(4) "Criteria threshold" means a value or set of values selected to represent the limits above or below which a given criterion will stop providing the desired degree of protection.

(5) "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.

(6) "DWSP Zone" means the surface and subsurface area surrounding a groundwater source of drinking water supplying a PWS, through which contaminants are reasonably likely to move toward and reach such groundwater source.

(7) "Designated person" means the person appointed by a PWS to ensure that the requirements of Rule R309-600 are met.

(8) "Director" means the Director of the Division of Drinking Water.

(9) "Engineer" means the same as "Professional Engineer" as defined in Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act.

(10) "Existing groundwater source of drinking water" means a public supply groundwater source for which plans and specifications were submitted to DDW on or before July 26, 1993.

(11) "Geologist" means the same as "Professional Geologist" as defined in Title 58, Chapter 76, Professional Geologist Licensing Act.

(12) " Groundwater Source" means any well, spring, tunnel, adit, or other underground opening from or through which groundwater flows or is pumped from subsurface water-bearing formations.

(13) "Hydrogeologic methods" means the techniques used to translate selected criteria and criteria thresholds into mappable delineation boundaries. These methods include arbitrary fixed radii, analytical calculations and models, hydrogeologic mapping, and numerical flow models.

(14) "Land management strategies" means zoning and non-zoning strategies which include the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, groundwater monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.

(15) "Land use agreement" means a written agreement wherein the owner 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. The owner 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 groundwater. This restriction must be binding on any heirs, successors, and assigns. Land use agreements must be recorded with the property description in the local county recorder's office. Refer to Subsection 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.

(16) "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 any land at an 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 any 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 groundwater source by a surface drainage which is lower in elevation than the spring or tunnel collection area.

(17) "New groundwater source of drinking water" means a public supply groundwater source of drinking water for which plans and specifications are submitted to DDW after July 26, 1993.

(18) "Nonpoint source" means any diffuse source of pollutants or contaminants not otherwise defined as a point source.

(19) "PWS" means public water system.

(20) "Point source" means any discernible, confined, and discrete source of pollutants or contaminants, including 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.

(21) "Pollution source" means point source discharges of contaminants to groundwater 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 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, land filling 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 Rule R309-600 and clarify the meaning of "pollution source:"

(a) "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.

(b) "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.

(c) "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 the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 112(R) of the Clean Air Act, As Amended," (550B98017). A copy of this document may be obtained from: NCEPI, PO Box 42419, Cincinnati, OH 45202. Online ordering is also available at https://nepis.epa.gov/.

(22) "Potential contamination source" means any facility or site which employs an activity or procedure which may potentially contaminate groundwater. A pollution source is also a potential contamination source.

(23) "Protected aquifer" means a producing aquifer in which the following conditions are met:

(a) a naturally protective layer of clay, at least 30 feet in thickness, is present above the aquifer;

(b) the PWS provides data to show the lateral continuity of the clay layer to the extent of zone two; and

(c) 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.

(24) "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:

(a) the proposed well location shall be within a radius of 150 feet from an existing groundwater supply well, as defined in Subsection R309-600-6(10); and

(b) the PWS provides a copy of the replacement application approved by the State Engineer, refer to Section 73-3-28.

(25) "Time of travel" means the time required for a particle of water to move in the producing aquifer from a specific point to a groundwater source of drinking water.

(26) "Unprotected aquifer" means any aquifer that does not meet the definition of a protected aquifer.

(27) "Wellhead" means the physical structure, facility, or device at the land surface from or through which groundwater flows or is pumped from subsurface, water bearing formations.

Notes

Utah Admin. Code R309-600-6

Amended by Utah State Bulletin Number 2024-13, effective 6/26/2024