Utah Administrative Code
Topic - Environmental Quality
Title R309 - Drinking Water
Rule R309-100 - Administration: Drinking Water Program
Section R309-100-4 - General
Universal Citation: UT Admin Code R 309-100-4
Current through Bulletin 2024-06, March 15, 2024
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,
(i) Delivery of drinking water, such as by a
single well, to a portion of a platted subdivision or a portion of a contiguous
development, either of which is under the same ownership or control, shall be
considered a single public drinking water system; and
(ii) A platted subdivision or other
contiguous development of 15 or more lots, under the same ownership or control,
is considered to have the corresponding number of connections as there are
lots; or
(b) Serves an
average of at least 25 individuals daily at least 60 days out of the year.
(i) A ratio of 3.13 persons per connection
shall be used to calculate the individuals served unless, at the time of
operation, more accurate information is available. The ratio is based on the
statewide average persons per residence in the 2000 census.
(ii) Notwithstanding the threshold for the
number of service connections set forth in (a), a drinking water system
consisting of at least 8 service connections is considered to serve 25 people,
based on the ratio in (b)(i), and consequently is classified as a public
drinking water system, unless, at the time of operation, more accurate data can
be used.
(iii) The ratio in (b)(i)
is only be used to determine whether, prior to construction or modification,
any particular water system is considered to be a public water
system.
(c) Any person
or entity may request a review of the designation of a public water system by
submitting documentation to the Director 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 Director under this provision may be
challenged as provided in Section
19-1-301.5
and R305-7.
(2) Submetered Properties.
(a) Submetered
Properties means a billing process by which a property owner (or association of
property owners, in the case of co-ops or condominiums) bills tenants based on
metered total water use; the property owner is then responsible for payment of
a water bill from a public water system.
(b) A property owner who installs submeters
to track usage of water by tenants on his or her property shall not be subject
to these rules solely as a result of taking the administrative act of
submetering and billing.
(c) Owners
of submetered properties shall receive all their water from a regulated public
water system to qualify under the terms of
R309-105-5
for exemption from monitoring requirements, except as to the selling of
water.
(d) This is not intended to
exempt systems where the property in question has a large distribution system
(piping in excess of 500 feet in length and sized larger than the normal
service lateral based on a fixture unit analysis) serves a large population or
serves a mixed (commercial/residential) population (e.g. many military
installations/facilities or large mobile home parks or P.U.D's) from regulation
as a public drinking water system as pertains to notifying the Division of the
persons indicated below in (5) or plan review of modifications or changes to
their systems (refer to R309-500).
(3) The term public drinking water system includes collection, treatment, storage or distribution facilities under control of the operator and used primarily in connection with the system. Additionally, the term includes collection, pretreatment or storage facilities used primarily in connection with the system but not under such control (see 19-4-102 of the Utah Code Annotated).
(4) Categories of Public Drinking Water Systems
Public drinking water systems are divided into three categories, as follows:
(a) "Community
water system" (CWS) means a public drinking water system which serves at least
15 service connections used by year-round residents or regularly serves at
least 25 year-round residents.
(b)
"Non-transient, non-community water system" (NTNCWS) means a public water
system that is not a community water system and that regularly serves at least
25 of the same nonresident persons over six months per year. Examples of such
systems are those serving the same individuals (industrial workers, school
children, church members) by means of a separate system.
(c) "Transient non-community water system"
(TNCWS) means a non-community public water system that does not serve 25 of the
same nonresident persons per day for more than six months per year. Examples of
such systems are those, RV park, diner or convenience store where the permanent
nonresident staff number less than 25, but the number of people served exceeds
25.
(d) The distinctions between
"Community", "Non-transient, non-community", and "Transient Non- community"
water systems are important with respect to monitoring and water quality
requirements.
(5) Responsibility
(a) All public drinking water
systems must have a person or organization designated as the owner of the
system. The name, address and phone number of this person or organization shall
be supplied, in writing, to the Director.
(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 Director.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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