Utah Admin. Code R317-401-8 - Variance to Design Requirements

8.1. Request for a Variance.

A variance may not be approved unless an applicant demonstrates that:

(a) A graywater system consistent with Rule R317-401 and local health department requirements cannot be constructed as determined by the regulatory authority;

(b) Graywater from the proposed graywater system may not:

(i) contaminate groundwater or waters of the state;

(ii) migrate to the ground surface; or

(iii) move off site.

(c) The proposed system will result in equal or greater protection of public health and the environment than is required by meeting the minimum standards and intent of this rule; and

(d) Adjacent properties, including the current and reasonably anticipated uses of adjacent properties, will not be jeopardized if the proposed system is constructed, operated, and maintained.

8.2. Procedure for Requesting a Variance.

(a) A variance request shall include the information and documentation described in Subsection R317-401-6.

(b) The regulatory authority shall review the variance request and prepare a written determination outlining the conditions of approval or denial of the request. The review shall identify the factors considered in the process and specify the basis for the determination.

8.3. Application Requirements.

The variance application shall include all information and documentation necessary to evaluate proposal and ensure that public health and the environment are protected.

(a) The regulatory authority shall require a detailed description of the proposed system, including a detailed explanation of wastewater treatment technologies allowed by this rule that have been considered for use, and that will provide the best available treatment.

(b) The regulatory authority may require technical justification and appropriate engineering, geotechnical, hydrogeologic, and reliability information justifying the request for a variance.

8.4. Variance Approvals.

(a) A variance may not be approved unless the applicant demonstrates that all of the required conditions in Rule R317-401 are met.

(b) The regulatory authority may not issue an approval or an operating permit for a graywater system that does not comply with this rule unless a variance has been approved.

(c) Notice of the conditions shall be recorded in the chain of title for the property in the office of the county recorder. The notice shall include:

(i) the description of the system and variance conditions;

(ii) operation and maintenance requirements;

(iii) permission for the regulatory authority to access the property for the purpose of inspection and monitoring of the system; and

(iv) owner responsibilities to correct, repair, or replace the system at the direction of the regulatory authority.

Notes

Utah Admin. Code R317-401-8

Adopted by Utah State Bulletin Number 2020-08, effective 3/26/2020