(1) The following terms are defined for the
purposes of this rule:
(a) "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.
(b) "Controls"
means the codes, ordinances, rules, and regulations currently in effect to
regulate a potential contamination source. "Controls" also means physical
controls which may prevent contaminants from migrating off of a site and into
surface or ground water. "Controls" also means negligible quantities of
contaminants.
(c) "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.
(d) "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.
(e) "DDW" means
Division of Drinking Water.
(f)
"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.
(g) "DWSP
Zone" means the surface and subsurface area surrounding a ground-water source
of drinking water supplying a PWS, through which contaminants are reasonably
likely to move toward and reach such ground-water source.
(h) "Designated person" means the person
appointed by a PWS to ensure that the requirements of R309- 600 are
met.
(i) "Director" means the
Director of the Division of Drinking Water.
(j) "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.
(k) "Existing ground-water source of drinking
water" means a public supply ground-water source for which plans and
specifications were submitted to DDW on or before July 26, 1993.
(l) "Geologist" means a person licensed under
the Professional Geologist Licensing Act, 58-76 of the Utah Code, as a
"professional geologist" as defined therein.
(m) "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.
(n) "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.
(o) "Land management strategies" means zoning
and non-zoning strategies 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.
(p) "Land use agreement" means a written
agreement 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. 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.
(q) "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.
(r) "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 DDW after July 26,
1993.
(s) "Nonpoint source" means
any diffuse source of pollutants or contaminants not otherwise defined as a
point source.
(t) "PWS" means
public water system.
(u) "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.
(v) "Pollution source" means point source
discharges of contaminants to ground 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:"
(i)
"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.
(ii) "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.
(iii) "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
http://www.epa.gov/ncepihom/orderpub.html.
(w) "Potential contamination
source" means any facility or site which employs an activity or procedure which
may potentially contaminate ground water. A pollution source is also a
potential contamination source.
(x)
"Protected aquifer" means a producing aquifer in which the following conditions
are met:
(i) A naturally protective layer of
clay, at least 30 feet in thickness, is present above the aquifer;
(ii) the PWS provides data to indicate the
lateral continuity of the clay layer to the extent of zone two; and
(iii) 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.
(y) "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:
(i) the
proposed well location shall be within a radius of 150 feet from an existing
ground-water supply well, as defined in R309-600-6(1)(k); and
(ii) the PWS provides a copy of the
replacement application approved by the State Engineer (refer to Section
73-3-28
of the Utah Code Annotated).
(z) "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.
(aa) "Unprotected aquifer" means any aquifer
that does not meet the definition of a protected aquifer.
(bb) "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.