Utah Administrative Code
Topic - Environmental Quality
Title R317 - Water Quality
Rule R317-401 - Graywater Systems
Section R317-401-8 - Variance to Design Requirements
Universal Citation: UT Admin Code R 317-401-8
Current through Bulletin 2024-06, March 15, 2024
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.
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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