Utah Administrative Code
Topic - Environmental Quality
Title R309 - Drinking Water
Rule R309-800 - Capacity Development Program
Section R309-800-4 - General
Universal Citation: UT Admin Code R 309-800-4
Current through Bulletin 2024-18, September 15, 2024
(1) Capacity development criteria constitute a standard applied in the following situations:
(a) when reviewing new or proposed water
system applications, including newly discovered water systems previously
unknown to the Division that are providing drinking water to the
public;
(b) when reviewing
applications for financial assistance; or
(c) when assessing capacity of all water
systems that are rated unapproved or are in significant noncompliance with SDWA
requirements or State drinking water rules as determined by the state's
Improvement Priority System or the Environmental Protection Agency's (EPA)
Enforcement Targeting Tool.
These criteria may be used as a guideline for other water systems. Water systems may refer to the State's Existing System Capacity Development Strategy, available on the Division's website, for additional information on capacity development and assessments.
(2) Capacity Development Criteria:
(a) Technical Capacity.
(i) Finished water shall meet all drinking
water standards as required by Utah State Rules.
(ii) Personnel shall operate the system in
accordance with the operations and maintenance manual.
(iii) Water systems shall provide proof of
sufficient water rights or valid water purchase contracts.
(iv) Water systems shall meet source,
storage, and distribution requirements as per Utah State Rules.
(v) Existing systems rated unapproved or with
a history of significant noncompliance, as determined by the state or the EPA,
shall agree to undertake appropriate action to resolve noncompliance or become
an approved system.
(b)
Managerial Capacity.
(i) The system owner and
any management or ownership changes shall be clearly identified to the
Executive Secretary of the Drinking Water Board.
(ii) The system shall meet all certification
requirements defined in Rules R309-300 and R309-305.
(iii) The system shall implement a program to
effectively manage all system records, such as distribution system histories,
maps, asset inventory, and compliance information.
(iv) The system shall develop and maintain an
operating plan that includes system operator names and certification levels,
facility operation and maintenance manuals, routine maintenance procedures,
water quality monitoring plan and violations response procedures, training
plan, and emergency response plan.
(c) Financial Capacity.
(i) Revenues shall be greater than
expenses.
(ii) A Certified Public
Accountant must prepare a financial statement or perform an audit if otherwise
required of the water system, at least every three years.
(iii) The water system shall devise and
implement a managerial budget and accounting process in accordance with
generally accepted principals.
(iv)
The operating ratio, calculated as the operating revenue divided by operating
expenses excluding depreciation and required reserves, shall be greater than
1.0.
(v) The coverage ratio,
calculated as the total revenues minus operating expenses excluding
depreciation and required reserves divided by annual debt service, shall be
greater than 1.0.
(vi) Customers
shall be metered or the water system shall take action to install
meters.
(vii) The water system
shall create and fund an emergency accountor a replacement reserve
account.
(d) Asset
Management.
(i) Existing systems are
encouraged to develop and implement an asset management plan that addresses the
technical, managerial, and financial aspects of the five core components of
asset management defined in Subsection
R309-800-5(3).
(ii) Retail water suppliers seeking financial
assistance through Utah's State Revolving Fund must commit to develop and
implement an asset management program as referenced in Section
R309-700-5.
(iii) Retail water suppliers seeking
financial assistance through the federal State Revolving Fund must commit to
develop and implement an asset management program as referenced in Section
R309-705-5.
Capacity Development Worksheets are required for all systems seeking financial assistance from the Drinking Water State Revolving Fund Program.
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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