Utah Administrative Code
Topic - Environmental Quality
Title R317 - Water Quality
Rule R317-5 - Large Underground Wastewater Disposal (LUWD) Systems
Section R317-5-3 - General Standards, Prohibitions, Requirements, and Enforcement
Current through Bulletin 2024-06, March 15, 2024
3.1. Failure to Comply With Rules.
Any person failing to comply with this rule shall be subject to enforcement action as specified in Sections 19-5-115 and 26A-1-123.
3.2. Feasibility.
LUWD systems are not feasible in some areas and situations. If property characteristics indicate conditions that may fail in any way to meet the requirements specified herein, the use of a LUWD system shall be prohibited.
3.3. Prohibited Flows.
No ground water drainage, drainage from roofs, roads, yards, or other similar sources shall discharge into any portion of a LUWD system, but shall be disposed of so they will in no way affect the system. Non-domestic wastes such as chemicals, paints, or other substances that are detrimental to the proper functioning of a LUWD system may not be disposed of in such systems.
3.4. Increased Flows Prohibited.
Wastewater flow may not exceed the design flow of a LUWD system.
3.5. Property Lines Crossed.
Privately owned LUWD systems, including replacement areas, shall be located on the same lot as the building served unless, when approved by the division, a perpetual utility easement and right-of-way is established and recorded on an adjacent or nearby lot for the construction, operation, and continued maintenance, repair, alteration, inspection, relocation, and replacement of a LUWD system, including all rights to ingress and egress necessary or convenient for the full or complete use, occupation, and enjoyment of the granted easement. The easement shall be large enough to accommodate the proposed LUWD system and replacement area. The easement shall meet the setbacks specified in Section R317-4-13 Table 2.
3.6. Initial Absorption Area and Replacement Area.
3.7. Operation and Maintenance.
Owners of a LUWD systems shall operate, maintain, and service their systems according to the standards of this rule.
3.8. No Discharge to Surface Waters or Ground Surface.
Effluent from any LUWD system may not be discharged to surface waters or upon the surface of the ground. Wastewater may not be discharged into any abandoned or unused well, or into any crevice, sinkhole, or similar opening, either natural or artificial.
3.9. Repair of a Malfunctioning or Unapproved System.
Upon determination by the regulatory authority that a malfunctioning or unapproved LUWD wastewater system creates or contributes to any dangerous or unsanitary condition that may involve a public health hazard, or noncompliance with this rule, the regulatory authority shall order the owner to take the necessary action to cause the condition to be corrected, eliminated or otherwise come into compliance.
3.10. Procedure for Wastewater System Abandonment. Whenever the use of a LUWD system has been abandoned or discontinued, the owner of the real property on which such wastewater system is located shall render it safe by having the septic tank, any other tanks, hollow seepage pit, or cesspool wastes pumped out or otherwise disposed of in an approved manner. Within 30 days the tanks shall be:
3.11. Septage Management.
A person shall only dispose of septage, or sewage contaminated materials in a location or manner in accordance with the requirements of the division and any local agencies having jurisdiction.
3.12. Multiple Units Under Separate Ownership (except condominiums).
The common components of the LUWD system, including the reserve absorption area, shall be under the sponsorship of a body politic.
3.13. Underground Injection Control.
Large underground wastewater disposal (LUWD) systems with design flow rates of 5,000 gallons per day or more are co-regulated by the Utah 1422 Underground Injection Control (UIC) Program in Rule R317-7. LUWD systems are authorized-by-rule under the UIC program provided they remain in compliance with the construction and operating permits issued according to Rule R317-5. However, if any noncompliance with these permits results in the potential for or demonstration of actual exceedance of any Utah Maximum Contaminant Levels (MCLs) in a receiving ground water, the noncompliance may also be a violation of the Utah UIC administrative rules and therefore be subject to enforcement action. Owners and operators of a large underground wastewater disposal system are required to submit UIC inventory information according to Subsection R317-7-6.4(C) using the approved form for a LUWD system.