1.1. Authorization.
This rule is administered by the Division authorized by Title
19 Chapter 5.
1.2. Purpose.
The purpose of this rule is to protect public health and
environment from potential adverse effects from graywater use while promoting
water conservation by facilitating reuse of graywater for landscape irrigation
within the boundaries of Utah.
1.3. Scope.
This rule shall apply to the design, installation,
modification, discharge, use and repair of graywater systems for subsurface
landscape irrigation for residential and non-residential buildings.
1.4. Jurisdiction.
Local health departments have jurisdiction to administer this
rule. Nothing contained in this rule shall be construed to prevent a local
health department from:
(a) adopting
stricter requirements than those contained in Rule R317-401;
(b) prohibiting any graywater system within
its jurisdiction;
(c) assessing
fees for administration of this rule;
(d) receiving a request for a variance,
conducting a review, and granting either an approval or denial; or
(e) requiring graywater systems within its
jurisdiction be placed under an umbrella of a:
(i) responsible management entity overseen by
the local health department;
(ii)
contract service provider overseen by the local health department; or
(iii) management district or body politic
created by the county for the purpose of operation, maintenance and repairs of
all graywater systems.
1.5. Graywater System Administration.
(a) The local health department having
jurisdiction shall obtain approval from the Director to administer a graywater
systems program before permitting any graywater system.
(b) The local health department request for
approval should include a description of its plan to properly manage graywater
systems to protect public health. This plan should include:
(i) Documentation of:
(A) the adequacy of staff resources to manage
the increased work load;
(B) the
technical capability to administer the new program including any training plans
that are needed;
(C) local board of
health support for this request; and
(D) the county's or the health jurisdiction's
legal authority to implement and enforce correction of any malfunctioning
system and its commitment to exercise this authority.
(ii) An agreement to:
(A) advise the owner of the system of the
type of system, and information concerning risk of failure, level of
maintenance required, financial liability for repair, modification or
replacement of a failed system and periodic monitoring requirements;
(B) advise the local building authority of
the approved graywater system on the property;
(C) provide oversight of installed
systems;
(D) record the existence
of any graywater system on the deed of ownership for that property;
(E) implement a graywater system operating
permit program consisting of:
(1) Tier 1
system operating permits may be issued at the discretion of the regulatory
authority; and
(2) Tier 2 system
operating permits issued with a renewal frequency not exceeding five years and
inspection by the regulatory authority prior to renewal, or annual inspections
by the regulatory authority consisting of the greater of 20 per cent of all
installed systems or the minimum of ten installed systems;
(F) maintain records of all installed
systems, failures, modifications, repairs and all inspections recording the
condition of the system at the time of inspection such as overflow, surfacing,
ponding and nuisance; and
(G)
submit an annual report to the Division on or before September 1 for the
previous State of Utah fiscal year's activities showing:
(1) the type and number of graywater systems
approved, installed, modified, repaired, failed, and inspected;
(2) a summary of enforcement actions taken,
pending, and resolved;
(3) number
of variances granted or denied; and
(4) a summary of any water quality
performance data collected.
Notes
Utah Admin. Code
R317-401-1
Amended by
Utah
State Bulletin Number 2020-08, effective
3/26/2020
