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Environmental Quality - Water Quality - Onsite Wastewater Systems


Published: 2016-01-01

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R317. Environmental Quality, Water Quality.
R317-4. Onsite Wastewater Systems.
R317-4-1. Authority, Purpose, Scope, and Administrative Requirements.
1.1 Authorization.
These rules are administered by the division authorized by Title 19 Chapter 5.
1.2. Purpose.
The purpose of this rule is to protect the public health and environment from potential adverse effects from onsite wastewater disposal within the boundaries of Utah.
1.3. Scope.
This rule shall apply to onsite wastewater systems.
1.4. Jurisdiction.
Local health departments have jurisdiction to administer this rule. Nothing contained in this rule shall be construed to prevent local health departments from:
A. adopting stricter requirements than those contained herein;
B. issuing an operating permit, with a term not exceeding five years, with an inspection showing a satisfactory performance of the permitted system by the department's staff before renewal;
C. taking necessary steps for ground water quality protection:
1. through adoption of a ground water quality protection management policy based on a ground water management study; or
2. by an onsite wastewater systems management planning policy and land use planning through the county's agency;
D. prohibiting any alternative system within its jurisdiction;
E. assessing fees for administration of this rule;
F. requiring the onsite systems within its jurisdiction be placed under an umbrella of a:
1. responsible management entity overseen by the local health department;
2. contract service provider overseen by the local health department; or
3. management district body politic created by the county for the purpose of operation, maintenance, repairs and monitoring of alternative or all onsite wastewater systems;
G. requiring conventional and alternative systems to be serviced; and
H. receiving a request for a variance, conducting a review, and granting either an approval or denial.
1.5. Alternative System Administration.
Local health departments shall administer an alternative systems program.
A. The local board of health may restrict its administration of these systems by notifying the division that it is exempt from this requirement by:
1. adopting a resolution or regulation; or
2. presenting an ordinance.
B. An alternative systems program shall:
1. advise the owner of the:
a. type of alternative system;
b. information concerning risk of failure;
c. level of maintenance required;
d. financial liability for repair, modification or replacement of a failed system; and
e. periodic monitoring requirements;
2. ensure that a Notice of the existence of the alternative system is recorded in the chain of title for that property;
3. provide oversight of installed alternative systems;
4. inspect all installed alternative systems at frequency specified in this rule, through:
a. the department's staff;
b. contracted service providers;
c. responsible management entities;
d. a management district body politic created by the county for the purpose of managing onsite wastewater systems; or
e. any combination of the above options;
5. maintain records of all installed alternative systems, failures, modifications, repairs and all inspections, recording the condition of the system at the time of inspection, such as overflow, surfacing, ponding, and nuisance;
6. submit an annual report to the division on or before September 1 for the previous state of Utah fiscal year's activities showing:
a. the type and number of alternative systems approved, installed, modified, repaired, failed, and inspected;
b. a summary of enforcement actions taken, pending and resolved; and
c. a summary of performance of water quality data collected;
7. require all alternative systems to be inspected and serviced as detailed in Section R317-4-13 Table 7 and Section R317-4-11.
1.6. Variance Administration Authority.
The Water Quality Board delegates the authority to grant or deny variances to the design requirements provided for in this rule to the local health departments. The board may amend, suspend, or rescind this delegation of authority to a local health department if it is determined that the local health department is not accepting or conducting reviews as described in Section R317-4-12.
A. The local health department having jurisdiction shall accept applications for variance requests on lots that are deemed not feasible for permitting an onsite wastewater system. Upon completion of a review, the local health department will grant or deny a variance to this rule as outlined in Section R317-4-12. The local health department also will submit an annual report of completed variance determinations to the division.
B. If a local health department fails to evaluate variance requests according to Section R317-4-12, the director shall notify the local health department. The director on behalf of the board may thereafter amend, suspend, or rescind the delegation of variance authority to the local health department. The variance authority would then revert to the division, and requests will be reviewed as follows.
1. The director may appoint a variance advisory committee to consider variance requests and make recommendations to the director. Any such advisory committee shall include at least one representative from a local health department. The director may refer any variance request to the variance advisory committee.
2. Upon review of the recommendation submitted by the variance advisory committee, the director shall render a written determination of the requested variance. If no committee was appointed by the director, the director shall render a written determination. Written determinations must be given within 180 days of the receipt of a complete and technically adequate variance request.
3. The director's final written determination will be forwarded to the local health department that has jurisdiction. The local health department is not required to approve or deny an operating or construction permit based on the director's determination of a variance request.
R317-4-2. Definitions.
"Absorption area" means the entire area used for the subsurface treatment and dispersion of effluent by an absorption system.
"Absorption bed" means an absorption system consisting of large excavated areas utilizing drain media or chambers.
"Absorption system" means a covered system constructed to receive and to disperse effluent, from gravity or a pump, in such a manner that the effluent is effectively filtered and retained below the ground surface.
"Absorption trench" means an absorption system consisting of a series of narrow excavated trenches utilizing drain media, chambers, or bundled synthetic aggregate units.
"Alternative onsite wastewater system" means an onsite wastewater system that is not a conventional onsite wastewater system.
"At-grade system" means an alternative onsite wastewater system where the bottom of the absorption system is placed at or below the elevation of the existing site grade, and the top of the distribution pipe is above the elevation of existing site grade, and the absorption system is contained within fill that extends above that grade.
"Barrier material" means an effective, pervious material such as an acceptable synthetic filter fabric, or a two-inch layer of compacted straw.
"Bedrock" means the rock, usually solid, that underlies soil or other unconsolidated, superficial material.
"Bedroom" means any portion of a dwelling that is so designed as to furnish the minimum isolation necessary for use as a sleeping area. It may include a den, study, sewing room, or sleeping loft. Unfinished basements shall be counted as a minimum of one additional bedroom.
"Board" means the Utah Water Quality Board.
"Body politic" means the state or its agencies or any political subdivision of the state to include a county, city, town, improvement district, taxing district or other governmental subdivision or public corporation of the state.
"Building sewer" means the pipe that carries wastewater from the building to a public sewer, an onsite wastewater system or other point of dispersal. It is synonymous with "house sewer".
"Bundled synthetic aggregate trench" means an absorption trench utilizing bundled synthetic aggregate units.
"Bundled synthetic aggregate unit" means a cylindrically shaped manufactured unit of synthetic aggregate enclosed in polyolefin netting, which may contain a perforated pipe.
"Chamber" means an open bottom, chambered structure of an approved material and design.
"Chambered trench" means an absorption trench utilizing chambers.
"Cleanout" means a device designed to provide access for removal of deposited or accumulated materials, generally from a pipe.
"Closed loop distribution" means a distribution method where the absorption system layout has the inlet and outlet ends of each lateral connected creating a complete and continuous pathway for effluent flow.
"Coarse drain media" means drain media ranging from 3/4 to 12 inches in diameter.
"Condominium" means the ownership of a single unit in a multi-unit project together with an undivided interest in common, in the common areas and facilities of the property.
"Connecting trench" means an absorption trench that is used to connect other absorption trenches, is less than 20 feet in length, and may be used to calculate total required absorption area.
"Construction permit" means the permit that authorizes an onsite wastewater system to be installed according to an approved design. An additional construction permit may also authorize activities associated with the repair or alteration of a malfunctioning or failing system.
"Conventional onsite wastewater system" means an onsite wastewater system typically consisting of a building sewer, a septic tank, and an absorption system utilizing absorption trenches, absorption beds, deep wall trenches, or seepage pits.
"Cover" means soils used to overlay the absorption area that is free of large stones 10 inches diameter or larger, frozen clumps of earth, masonry, stumps, or waste construction material, or other materials that could damage the system.
"Curtain drain" means any ground water interceptor or drainage system that is backfilled with gravel or other suitable material and is intended to interrupt or divert the course of shallow ground water or surface water away from the onsite wastewater system.
"Designer" means a person who fulfills the requirements of Rule R317-11.
"Deep wall trench" means an absorption system consisting of deep excavated trenches utilizing coarse drain media, with a minimum sidewall absorption depth of 24 inches of suitable soil formation below the distribution pipe.
"Director" means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the Division of Radiation Control, the director of the Division of Radiation Control.
"Distribution box" means a watertight structure that receives effluent and distributes it concurrently, in essentially equal portions, into two or more pipes leading to an absorption system.
"Distribution pipe" means an approved pipe, solid or perforated, used in the dispersion of effluent in an absorption system.
"Diversion valve" means a watertight structure that receives effluent through one inlet and distributes it to two or more outlets, only one of which is used at a time.
"Division" means the Utah Division of Water Quality.
"Domestic wastewater" means a combination of the liquid or water-carried wastes from residences, business buildings, institutions, and other establishments with installed plumbing facilities, excluding non-domestic wastewater. It is synonymous with the term "sewage".
"Drain media" means media used in an absorption system. It shall consist of stone, crushed stone, or gravel, ranging from 3/4 to 2-1/2 inches in diameter. It shall be free from fines, dust, sand or organic material and shall be durable and inert so that it will maintain its integrity, will not collapse or disintegrate with time. The maximum fines in the media shall be 2% by weight passing through a US Standard #10 mesh or 2 millimeter sieve. It shall be protected by a barrier material.
"Drainage system" means all the piping within public or private premises that conveys sewage or other liquid wastes to a legal point of treatment and dispersal, but does not include the mains of a public sewer system or a public sewage treatment or disposal plant.
"Drop box" means a watertight structure that receives septic tank effluent and distributes it into one or more distribution pipes, and into an overflow leading to another drop box and absorption system located at a lower elevation.
"Dry wash" means the dry bed of an ephemeral stream that flows only after heavy rains and is often found at the bottom of a canyon.
"Dwelling" means any structure, building, or any portion thereof that is used, intended, or designed to be occupied for human living purposes including houses, mobile homes, hotels, motels, and apartments.
"Effluent" means the liquid discharge from any treatment unit including a septic tank.
"Effluent pump" means a pump used to lift effluent.
"Effluent sewer" means solid pipe that carries effluent to the absorption system.
"Ejector pump" means a device to elevate or pump sewage to a septic tank, public sewer, or other means of disposal.
"Ephemeral stream" means a stream that flows for a small period of time, a week or less, after a precipitation event.
"Excessively permeable soil" means soils having an excessively high permeability, such as cobbles or gravels with little fines and large voids, and having a percolation rate faster than 1 minute per inch.
"Experimental onsite wastewater system" means an onsite wastewater treatment and absorption system that is still in experimental use and requires further testing in order to provide sufficient information to determine its acceptance.
"Filter fabric" means a synthetic, non-degradable woven or spun-bonded sheet material that has adequate tensile strength to prevent ripping during installation and backfilling, adequate permeability to allow free passage of water and gases; and adequate particle retention to prevent downward migration of soil particles into the absorption system. The minimum physical properties for the fabric shall be 4.0 ounces per square yard or equivalent.
"Ground water" means that portion of subsurface water that is in the zone of soil saturation.
"Ground water table" means the surface of a body of unconfined ground water in which the pressure is equal to that of the atmosphere.
"Ground water table, perched" means unconfined ground water separated from an underlying body of ground water by an unsaturated zone. It is underlain by a restrictive strata or impervious layer. Perched ground water may be either permanent, where recharge is frequent enough to maintain a saturated zone above the perching bed, or temporary, where intermittent recharge is not great or frequent enough to prevent the perched water from disappearing from time to time as a result of drainage over the edge of or through the perching bed.
"Gulch" means a small rocky ravine or a narrow gorge, especially one with an ephemeral stream running through it.
"Gully" means a channel or small valley, especially one carved out by persistent heavy rainfall or an ephemeral stream.
"Impervious strata" means a layer that prevents water or root penetration. In addition, it shall be defined as unsuitable soils or soils having a percolation rate slower than 60 minutes per inch for conventional systems.
"Installer" means a qualified person with an appropriate contractor's license and knowledgeable in the installation or repair of an onsite wastewater system or its components.
"Intermittent stream" means a stream that flows for a period longer than an ephemeral stream on a seasonal basis or after a precipitation event.
"Invert" means the lowest portion of the internal cross section of a pipe or fitting.
"Lateral" means a length of distribution pipe or chambered trenches in the absorption system.
"Local health department" means a county or multi-county local health department established under Title 26A.
"Lot" means a portion of a subdivision, or any other parcel of land intended as a unit for transfer of ownership or for development or both and may not include any part of the right-of-way of a street or road.
"Malfunctioning or failing system" means an onsite wastewater system that is not functioning in compliance with the requirements of this regulation and may include:
A. absorption systems that seep or flow to the surface of the ground or into waters of the state;
B. systems that overflow from any of their components;
C. systems that, due to failure to operate in accordance with their designed operation, cause backflow into any portion of a building drainage system;
D. systems discharging effluent that does not comply with applicable effluent discharge standards;
E. leaking septic tanks; or
F. noncompliance with standards stipulated on or by the construction permit, operating permit, or both.
"Maximum ground water table" means the highest elevation that the top of the "ground water table" or "ground water table, perched" is expected to reach for any reason over the full operating life of the onsite wastewater system at that site.
"May" means discretionary, permissive, or allowed.
"Mound system" means an alternative onsite wastewater system where the bottom of the absorption system is placed above the elevation of the original site, and the absorption system is contained in a mounded fill body above that grade.
"Non-closed loop distribution" means a distribution method where the absorption system layout has lateral ends that are not connected.
"Non-domestic effluent" means the liquid discharge from any treatment unit including a septic tank that has a BOD5 equal or greater than 250 mg/L; or TSS equal to or greater than 145 mg/L; or fats, oils, and grease equal to or greater than 25 mg/L.
"Non-domestic wastewater" means process wastewater originating from the manufacture of specific products. Such wastewater is usually more concentrated, more variable in content and rate, and requires more extensive or different treatment than domestic wastewater.
"Non-public water source" means a culinary water source that is not defined as a public water source.
"Non-residential" means a building that produces domestic wastewater, and is not a single family dwelling.
"Onsite wastewater system" means an underground wastewater dispersal system that is designed for a capacity of 5,000 gallons per day or less, and is not designed to serve multiple dwelling units that are owned by separate owners except condominiums. It usually consists of a building sewer, a septic tank and an absorption system.
"Operating permit" means the permit that authorizes the operation and maintenance of an onsite wastewater system or wastewater holding tank. It may have a fee component that requires periodic renewal.
"Packed bed media system" means an alternative onsite wastewater system that uses natural or synthetic media to treat wastewater. Biological treatment is facilitated via microbial growth on the surface of the media. The system may include a pump tank, a recirculation tank, or both.
"Percolation rate" means the time expressed in minutes per inch required for water to seep into saturated soil at a constant rate during a percolation test.
"Percolation test" means the method used to measure the permeability of the soil by measuring the percolation rate as described in these rules. This is sometimes referred to as a "perc test".
"Permeability" means the rate at which a soil transmits water when saturated.
"Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state as defined in Section 19-1-103.
"Pollution" means any man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of any waters of the state, unless the alteration is necessary for public health and safety as defined in Section 19-5-102.
"Pressure distribution" means a method designed to uniformly distribute effluent under pressure within an absorption system.
"Public health hazard" means, for the purpose of this rule, a condition whereby there are sufficient types and amounts of biological, chemical, or physical agents relating to water or sewage that are likely to cause human illness, disorders or disability. These may include pathogenic viruses and bacteria, parasites, toxic chemicals and radioactive isotopes. A malfunctioning onsite wastewater system constitutes a public health hazard.
"Public water source" means a culinary water source, either publicly or privately owned, providing water for human consumption and other domestic uses, as defined in Title R309.
"Pump tank" means a watertight receptacle equipped with a pump and placed after a septic tank or other treatment component.
"Pump vault" means a device installed in a septic or pump tank that houses a pump and screens effluent with 1/8 inch openings or smaller before it enters the pump.
"Recirculation tank" means the tank that receives, stores, and recycles partially treated effluent and recycles that effluent back through the treatment process or to the absorption area.
"Regulatory authority" means either the Utah Division of Water Quality or the local health department having jurisdiction.
"Replacement area" means sufficient land with suitable soil, excluding streets, roads, easements and permanent structures that complies with the setback requirements of these rules, and is intended for the 100% replacement of absorption systems.
"Rotary tilling" means a tillage operation. Working land by plowing and harrowing in order to make land ready for cultivation, or employing power driven rotary motion of the tillage tool to loosen, shatter and mix soil.
"Sand lined trench system" means an alternative onsite wastewater system consisting of a series of narrow excavated trenches utilizing sand media and pressure distribution.
"Sand media" means sand fill meeting the ASTM C33/C33M - 11A Standard Specification for Concrete Aggregates.
"Saprolite" means weathered material underlying the soil that grades from soft thoroughly decomposed rock to rock that has been weathered sufficiently so that it can be broken in the hands, cut with a knife or easily dug with a backhoe and is devoid of expansive clay. It has rock structure instead of soil structure and does not include hard bedrock or hard fractured bedrock.
"Scarification" means loosening and breaking up of soil compaction in a manner that prevents smearing and maintains soil structure.
"Scum" means a mass of sewage solids, which is buoyed up by entrained gas, grease, or other substances, floating on the surface of wastes in a septic tank.
"Seepage pit" means an absorption system consisting of one or more deep excavated pits, either hollow-lined or filled, utilizing coarse drain media, with a minimum sidewall absorption depth of 48 inches of suitable soil formation below the distribution pipe.
"Septage" means the semi-liquid material that is pumped out of a septic or pump tank, generally consisting of the sludge, liquid, and scum layer.
"Septic tank" means a watertight receptacle that receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through an absorption system.
"Sequential distribution" means a distribution method in which effluent does not pass through an absorption area before it enters the succeeding areas through a distribution box or relief line allowing for portions of the absorption area to be isolated.
"Serial distribution" means a distribution method in which effluent passes through an absorption area before entering the succeeding areas through a distribution box or relief line creating a single uninterrupted flow path.
"Shall" means a mandatory requirement.
"Should" means recommended or preferred and is intended to mean a desirable standard.
"Single-family dwelling" means a building designed to be used as a home by the owner or lessee of such building.
"Sludge" means the accumulation of solids that have settled in a septic tank or a wastewater holding tank.
"Slope" means the ratio of the rise divided by the run between two points, typically described as a percentage (rise divided by run multiplied by 100).
"Soil exploration pit" means an open pit dug to permit examination of the soil to evaluate its suitability for absorption systems. This is also referred to as a "test pit".
"Soil log" means a detailed description of soil characteristics and properties.
"Soil structure" means the way in which the individual particles, sand, silt, and clay, are arranged into larger distinct aggregates called peds. The main types of soil structure are granular, platy, blocky, prismatic, and columnar. Soil may not have a visible structure because it is either single grain or massive.
"Soil texture" means the percent of sand, silt, and clay in a soil mixture. Field methods for judging the texture of a soil are found in Section R317-4-14 Appendix C.
"Standard trench" means an absorption trench utilizing drain media into which effluent is discharged through specially designed distribution pipes.
"Suitable soil" means undisturbed soil that through textural and structural analysis or percolation rate meets the requirements for placement of an absorption system.
"Test pit" see "soil exploration pit".
"Unapproved system" means any onsite wastewater system that is deemed by the regulatory authority to be any:
A. installation without the required regulatory oversight, permits, or inspections;
B. repairs to an existing system without the required regulatory oversight, permits, or inspections; or
C. alteration to an existing system without the required regulatory oversight, permits, or inspections.
"USDA system of classification" means the system of classifying soil texture used by the United States Department of Agriculture.
"Waste" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water as defined in Section 19-5-102.
"Wastewater" means sewage, industrial waste or other liquid substances that might cause pollution of waters of the state. Intercepted ground water that is uncontaminated by wastes is not included.
"Wastewater holding tank" means a watertight receptacle designed to receive and store wastewater to facilitate treatment at another location.
"Waters of the state":
A. means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state; and
B. does not include bodies of water confined to and retained within the limits of private property, and that do not develop into or constitute a nuisance, or public health hazard, or a menace to fish or wildlife.
"Wind-blown sand" means sand that is formed by the weathering and erosion of sandstone typically found in sand-dune or sand-sheet deposits and is capable of producing sand and dust storms when disturbed.
R317-4-3. General Standards, Prohibitions, Requirements, and Enforcement.
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.
Onsite wastewater 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 onsite wastewater systems shall be prohibited.
3.3. Onsite Wastewater System Required.
The drainage system of each dwelling, building or premises covered herein shall receive all wastewater, including bathroom, kitchen, and laundry wastes, and shall have a connection to a public sewer except when such sewer is not available or practicable for use, in which case connection shall be made:
A. to an onsite wastewater system found to be adequate and constructed in accordance with this rule; or
B. to any other type of wastewater system acceptable under Rules R317-1, R317-3, R317-5, R317-401, or R317-560.
3.4. Flows Prohibited From Entering Onsite Wastewater Systems.
No ground water drainage, drainage from roofs, roads, yards, or other similar sources shall discharge into any portion of an onsite wastewater 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 an onsite wastewater system may not be disposed of in such systems.
3.5. Increased Flows Prohibited.
A person may not connect or expand the use of a single-family dwelling or nonresidential facility connected to an existing onsite wastewater system if the projected wastewater flows would be greater than the original design flow. When the design flow is exceeded, expansion may occur if the onsite wastewater system is modified, permitted, and approved by the regulatory authority for the increased flow.
3.6. Material Standards.
All materials used in onsite wastewater systems shall comply with the standards in this rule.
3.7. Property Lines Crossed.
Systems, including replacement areas, shall be located on the same lot as the building served unless, when approved by the regulatory authority, a perpetual utility easement and right-of-way is established on an adjacent or nearby lot for the construction, operation, and continued maintenance, repair, alteration, inspection, relocation, and replacement of an onsite wastewater 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 onsite wastewater system and replacement area. The easement shall meet the setbacks specified in Section R317-4-13 Table 2.
3.8. Initial Absorption Area and Replacement Area.
A. All properties that utilize onsite wastewater systems shall be required to have a replacement area.
B. The absorption area, including installed system and replacement area, may not be subject to activity that is likely to adversely affect the soil or the functioning of the system. This may include vehicular traffic, covering the area with asphalt, concrete, or structures, filling, cutting or other soil modifications.
3.9. Operation and Maintenance.
Owners of onsite wastewater systems shall operate, maintain, and service their systems according to the standards of this rule.
3.10. No Discharge to Surface Waters or Ground Surface.
Effluent from any onsite wastewater 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.
3.11. Repair of a Malfunctioning or Unapproved System.
Upon determination by the regulatory authority that a malfunctioning or unapproved onsite 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.
A. For malfunctioning systems, the local health department shall require and order:
1. all necessary steps, such as maintenance, servicing, repairs, and replacement of system components to correct the malfunctioning system, to meet all rule requirements to the extent possible and may not create any new risk to the environment or public health;
2. effluent quality testing as required by Subsection R317-4-11.4;
3. evaluation of the system design including non-approved changes to the system, the wastewater flow, and biological and chemical loading to the system;
4. additional tests or samples to troubleshoot the system malfunction.
B. The regulatory authority may require fees for additional inspections, reviews, and testing.
3.12. Procedure for Wastewater System Abandonment.
A. When a dwelling served by an onsite wastewater system is connected to a public sewer, the septic tank shall be abandoned and shall be disconnected from and bypassed with the building sewer unless otherwise approved by the regulatory authority.
B. Whenever the use of an onsite wastewater 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:
1. crushed in place and the void filled;
2. completely filled with earth, sand, or gravel; or
3. removed.
C. The regulatory authority may require oversight, permit, or inspection of the abandonment process.
3.13. Septage Management.
A person shall only dispose of septage, or sewage contaminated materials in a location or manner in accordance with the regulations of the division and the local health department having jurisdiction.
3.14. Multiple Dwelling Units.
Multiple dwelling units under individual ownership, except condominiums, may not be served by a single onsite wastewater system except where that system is under the sponsorship of a body politic. Plans and specifications for such systems shall be submitted to and approved by the division. Issuance of a construction permit by the board shall constitute approval of plans and authorization for construction. Before the permit is issued, the division shall review plans with the local health department having jurisdiction over the proposed onsite wastewater system.
R317-4-4. Feasibility Determination.
4.1. General Criteria for Determining Onsite Wastewater System Feasibility.
The regulatory authority shall determine the feasibility of using an onsite wastewater system. The regulatory authority will review required information for any existing or proposed lot to determine onsite wastewater system feasibility. The required information shall be prepared at the owner's expense by, or under the supervision of, a qualified person approved by the regulatory authority.
A. General Information.
The required information shall include:
1. the county recorder's plat and parcel ID and situs address if available;
2. name and address of the property owner and person requesting feasibility; and
3. the location, type, and depth of all existing and proposed non-public water supply sources within 200 feet of the proposed onsite wastewater systems, and of all existing or proposed public water supply sources within 1,500 feet of the proposed onsite wastewater systems.
a. If the lot is located in aquifer recharge areas or areas of other particular geologic concern, the regulatory authority may require such additional information relative to ground water movement, or possible subsurface wastewater flow.
b. If the proposed onsite wastewater system is located within any drinking water source protection zone two, this zone shall be shown.
4. The location and distance to nearest sewer, owner of sewer, whether property is located within service boundary, and size of sewer.
5. Statement of proposed use if other than a single-family dwelling.
B. Soil and Site Evaluation.
1. Soil Exploration Pit and Percolation Test.
a. A minimum of one soil exploration pit shall be excavated to allow the evaluation of the soil. The soil exploration pit shall be constructed and soil log recorded as detailed in Section R317-4-14 Appendix C.
b. The regulatory authority shall have the option of requiring a percolation test in addition to the soil exploration pit.
c. The regulatory authority:
i. shall require additional soil exploration pits, percolation tests, or both where flows are greater than 1,000 gallons per day; and
ii. may require additional pits, tests, or both where:
(1) soil structure varies;
(2) limiting geologic conditions are encountered; or
(3) the regulatory authority deems it necessary.
d. The percolation test shall be conducted as detailed in Section R317-4-14 Appendix D.
e. Soil exploration pits and percolation tests shall be conducted as closely as possible to the proposed absorption system site. The regulatory authority shall have the option of inspecting the open soil exploration pits and monitoring the percolation test procedure. All soil logs and percolation test results shall be submitted to the regulatory authority.
f. When there is a substantial discrepancy between the percolation rate and the soil classification, it shall be resolved through additional soil exploration pits, percolation tests, or both.
g. Absorption system feasibility shall be based on Section R317-4-13 Table 5 or 6.
2. Wind-Blown Sand.
The extremely fine grained wind-blown sand found in some parts of Utah shall be deemed not feasible for absorption systems. This does not apply to lots that have received final local health department approval prior to the effective date of this rule.
a. Percolation test results in wind-blown sand will generally be rapid, but experience has shown that this soil has a tendency to become sealed with minute organic particles within a short period of time. For lots that have received final local health department approval prior to the effective date of this rule, systems may be constructed in such material provided it is found to be within the required range of percolation rates specified in these rules, and provided further that the required area shall be calculated on the assumption of minimum acceptable percolation rate of 60 minutes per inch for standard trenches, deep wall trenches, and seepage pits, and 40 minutes per inch for absorption beds.
3. Suitable Soil Depth.
For conventional systems, effective suitable soil depth shall extend at least 48 inches or more below the bottom of the dispersal system to bedrock formations, impervious strata, or excessively permeable soil. Some alternative onsite wastewater systems may have other requirements.
4. Ground Water Requirements.
The elevation of the anticipated maximum ground water table shall meet the separation requirements of the anticipated absorption systems. Local health departments and other local government entities may impose stricter separation requirements between absorption systems and the maximum ground water table when deemed necessary. Building lots recorded or having received final local health department approval prior to May 21, 1984 shall be subject to the ground water table separation requirements of the then Part IV of the Code of Waste Disposal Regulations dated June 21, 1967, that states "high ground water elevation shall be at least 1 foot below the bottom of absorption systems and at least 4 feet below finished grade". Notwithstanding this grandfather provision for recorded or other approved lots, the depth to ground water requirements are applicable if compelling or countervailing public health interests would necessitate application of the more stringent requirements of this regulation.
a. Maximum Ground Water.
Maximum ground water table shall be determined where the anticipated maximum ground water table, including irrigation induced water table, might be expected to rise closer than 48 inches to the elevation of the bottom of the onsite wastewater system. Maximum ground water table shall be determined where alternative onsite wastewater systems may be considered based on groundwater elevations. The maximum ground water table shall be determined by the following.
i. Regular monitoring of the ground water table, or ground water table, perched, in an observation well for a period of one year, or for the period of the maximum groundwater table.
(1) Previous ground water records and climatological or other information may be consulted for each site proposed for an onsite wastewater system and may be used to adjust the observed maximum ground water table elevation.
ii. Direct visual observation of the maximum ground water table in a soil exploration pit for:
(1) evidence of crystals of salt left by the maximum ground water table; or
(2) chemically reduced iron in the soil, reflected by redoxmorphoric features, i.e. a mottled coloring.
(3) Previous ground water records and climatological or other information may be consulted for each site proposed for an onsite wastewater system and may be used to adjust the observed maximum ground water table elevation in determining the anticipated maximum ground water table elevation.
iii. In cases where the anticipated maximum ground water table is expected to rise to closer than 34 inches from the original ground surface and an alternative or experimental onsite wastewater system would be considered, previous ground water records and climatological or other information shall be used to adjust the observed maximum ground water table in determining the anticipated maximum ground water table.
b. Curtain Drains.
A curtain drain or other effective ground water interceptor may be allowed as an attempt to lower the groundwater table to meet the requirements of this rule. The regulatory authority shall require that the effectiveness of such devices in lowering the ground water table be demonstrated during the season of maximum ground water table.
4. Ground Slope.
Absorption systems may not be placed on slopes where the addition of fluids is judged to create an unstable slope.
a. Absorption systems may be placed on slopes between 0% and 25%, inclusive.
b. Absorption systems may be placed on slopes greater than 25% but not exceeding 35% if:
i. all other requirements of this rule can be met;
ii. effluent from the proposed system will not contaminate ground water or surface water, and will not surface or move off site before it is adequately treated to protect public health and the environment;
iii. no slope will fail, and there will be no other landslide or structural failure if the system is constructed and operated adequately, even if all properties in the vicinity are developed with onsite wastewater systems; and
iv. a report is submitted by a professional engineer or professional geologist that is licensed to practice in Utah. The report shall be imprinted with the engineer's or geologist's registration seal and signature and shall include the following.
(1) Predictions and supporting information of ground water transport from the proposed system and of expected areas of ground water mounding.
(2) A slope stability analysis that shall include information about the geology of the site and surrounding area, soil exploration and testing, and the effects of adding effluent.
(3) The cumulative effect on slope stability of added effluent if all properties in the vicinity were developed with onsite wastewater systems.
c. Absorption systems may not be placed on slopes greater than 35%.
5. Other Factors Affecting Onsite Wastewater System Feasibility.
a. The locations of all rivers, streams, creeks, dry or ephemeral washes, lakes, canals, marshes, subsurface drains, natural storm water drains, lagoons, artificial impoundments, either existing or proposed, that will affect building sites, shall be provided.
b. Areas proposed for onsite wastewater systems shall comply with the setbacks in Section R317-4-13 Table 2.
c. If any part of a property lies within or abuts a flood plain area, the flood plain shall be shown within a contour line and shall be clearly labeled on the plan with the words "flood plain area".
6. Unsuitable.
Where soil and other site conditions are clearly unsuitable for the placement of an onsite wastewater system, there is no need for conducting soil exploration pits or percolation tests.
C. Lot Size.
One of the following two methods shall be used for determining minimum lot size. Determination of minimum lot size by the regulatory authority would not preempt local governments from establishing larger minimum lot sizes.
1. Method 1.
The local health department having jurisdiction may determine minimum lot size. Under this method, local health departments may elect to involve other affected governmental entities and the division in making joint lot size determinations. The division will develop technical information, training programs, and provide engineering and geohydrologic assistance in making lot size determinations that will be available to local health departments upon their request. Individuals or developers requesting lot size determinations under this method will be required to submit to the local health department, at their own expense, a report that accurately takes into account at least the following factors:
a. soil type and depth;
b. area drainage, lot drainage, and potential for flooding;
c. protection of surface and ground waters;
d. setbacks from property lines, water supplies, etc.;
e. source of culinary water;
f. topography, geology, hydrology and ground cover;
g. availability of public sewers;
h. activity or land use, present and anticipated;
i. growth patterns;
j. individual and accumulated gross effects on water quality;
k. reserve areas for additional subsurface dispersal;
l. anticipated wastewater volume;
m. climatic conditions;
n. installation plans for wastewater system; and
o. area to be utilized by dwelling and other structures.
2. Method 2.
a. Whenever local health departments do not establish minimum lot sizes for single-family dwellings that will be served by onsite wastewater systems, the requirements of Section R317-4-13 Tables 1.1 and 1.2 shall be met.
b. For non-residential facilities, one-half of the buildable area of the lot must be available for the absorption system and replacement area.
i. The area required for the absorption system and replacement area may be adjusted during the permitting process.
4.2. Subdivision Onsite Wastewater System Feasibility Determination.
A. In addition to information in Subsection R317-4-4.1, the following information must be provided on a plat map:
1. the proposed street and lot layout with all lots consecutively numbered;
2. size and dimensions of each lot, with the minimum required area sufficient to permit the safe and effective use of an onsite wastewater system, including a replacement area for the absorption system;
3. location of all water lines;
4. location of any easements; and
5. areas proposed for wastewater dispersal, including replacement area.
B. Surface drainage systems shall be included on the plan, as naturally occurring, and as altered by roadways or any drainage, grading or improvement, installed or proposed by the developer. The details of the system shall show the surface drainage structures, whether ditches, pipes, or culverts, will in no way affect onsite wastewater systems on the property.
C. Each proposed lot shall have at least one soil exploration pit, percolation test, or both.
1. The regulatory authority may allow fewer tests based on the uniformity of prevailing soil and ground water characteristics and available percolation or soil log test data.
2. If soil conditions and surface topography indicate, a greater number of soil exploration pits or percolation tests may be required by the regulatory authority.
3. The location of all soil exploration pits and percolation test holes shall be clearly identified on the subdivision final plat and identified by a key number or letter designation.
4. The results