Representative Scott D. Sandall proposes the following substitute bill:


1     
DRINKING WATER SOURCE SIZING REQUIREMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
Senate Sponsor: David G. Buxton

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions related to drinking water source and storage requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸      amends definitions;
13          ▸     amends powers of the Drinking Water Board;
14          ▸     requires certain public water systems to provide certain water use data;
15          ▸     requires the director of the Division of Drinking Water to establish water source
16     sizing requirements for certain public water systems; and
17          ▸     makes technical changes .
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          19-4-102, as last amended by Laws of Utah 2012, Chapter 360
25          19-4-104, as last amended by Laws of Utah 2016, Chapter 58

26     ENACTS:
27          19-4-114, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 19-4-102 is amended to read:
31          19-4-102. Definitions.
32          As used in this chapter:
33          (1) "Board" means the Drinking Water Board appointed under Section 19-4-103.
34          (2) "Community water system" means a public water system that serves residents
35     year-round.
36          [(2)] (3) "Contaminant" means a physical, chemical, biological, or radiological
37     substance or matter in water.
38          [(3)] (4) "Director" means the director of the Division of Drinking Water.
39          [(4)] (5) "Division" means the Division of Drinking Water, created in Subsection
40     19-1-105(1)(b).
41          [(5)] (6) (a) "Groundwater source" means an underground opening from or through
42     which groundwater flows or is pumped from a subsurface water-bearing formation.
43          (b) "Groundwater source" includes:
44          (i) a well;
45          (ii) a spring;
46          (iii) a tunnel; or
47          (iv) an adit.
48          [(6)] (7) "Maximum contaminant level" means the maximum permissible level of a
49     contaminant in water that is delivered to a user of a public water system.
50          [(7)] (8) (a) "Public water system" means a system providing water for human
51     consumption and other domestic uses that:
52          (i) has at least 15 service connections; or
53          (ii) serves an average of 25 individuals daily for at least 60 days of the year.
54          (b) "Public water system" includes:
55          (i) a collection, treatment, storage, or distribution facility under the control of the
56     operator and used primarily in connection with the system; and

57          (ii) a collection, pretreatment, or storage facility used primarily in connection with the
58     system but not under the operator's control.
59          [(8)] (9) "Retail water supplier" means a person that:
60          (a) supplies water for human consumption and other domestic uses to an end user; and
61          (b) has more than 500 service connections.
62          [(9)] (10) "Supplier" means a person who owns or operates a public water system.
63          [(10)] (11) "Wholesale water supplier" means a person that provides most of that
64     person's water to a retail water supplier.
65          Section 2. Section 19-4-104 is amended to read:
66          19-4-104. Powers of board.
67          (1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah
68     Administrative Rulemaking Act:
69          (i) establishing standards that prescribe the maximum contaminant levels in any public
70     water system and provide for monitoring, record-keeping, and reporting of water quality related
71     matters;
72          (ii) governing design, construction, operation, and maintenance of public water
73     systems;
74          (iii) granting variances and exemptions to the requirements established under this
75     chapter that are not less stringent than those allowed under federal law;
76          (iv) protecting watersheds and water sources used for public water systems; and
77          (v) governing capacity development in compliance with Section 1420 of the federal
78     Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and
79          (vi) for a community water system failing to comply with the reporting requirements
80     under Subsections (1)(c)(iv) and (v):
81          (A) establishing fines and penalties, including posting on the division's web page those
82     community water systems that fail to comply with the reporting requirements; and
83          (B) allowing a community water system, in lieu of penalties established under
84     Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the division that
85     requires compliance and establishes a compliance schedule approved by the director.
86          (b) The board may:
87          (i) order the director to:

88          (A) issue orders necessary to enforce the provisions of this chapter;
89          (B) enforce the orders by appropriate administrative and judicial proceedings; or
90          (C) institute judicial proceedings to secure compliance with this chapter;
91          (ii) (A) hold a hearing that is not an adjudicative proceeding relating to the
92     administration of this chapter; or
93          (B) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
94     or
95          (iii) request and accept financial assistance from other public agencies, private entities,
96     and the federal government to carry out the purposes of this chapter.
97          (c) The board shall:
98          (i) require the submission to the director of plans and specifications for construction of,
99     substantial addition to, or alteration of public water systems for review and approval by the
100     board before that action begins and require any modifications or impose any conditions that
101     may be necessary to carry out the purposes of this chapter;
102          (ii) advise, consult, cooperate with, provide technical assistance to, and enter into
103     agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
104     municipalities, local health departments, educational institutions, and others necessary to carry
105     out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
106     local jurisdictions;
107          (iii) develop and implement an emergency plan to protect the public when declining
108     drinking water quality or quantity creates a serious health risk and issue emergency orders if a
109     health risk is imminent;
110          [(iv) require a certified operator of a public water supplier to verify by signature and
111     certification number, or a professional engineer performing the duties of a certified water
112     operator to verify by signature and stamp, the accuracy of any data on water use and water
113     supply submitted by the public water supplier to the division; and]
114          (iv) require a community water system serving a population of 500 or more to annually
115     collect accurate water use data, described in Subsection (6), and annually report that data to the
116     Division of Water Rights.
117          (v) require a certified operator, or a professional engineer performing the duties of a
118     certified water operator, to verify by certification or license number the accuracy of water use

119     data reported by a public water system, including the data required from a community water
120     system under Subsection (1)(c)(iv) ; and
121          [(v)] (vi) meet the requirements of federal law related or pertaining to drinking water.
122          (2) (a) The board may adopt and enforce standards and establish fees for certification
123     of operators of any public water system.
124          (b) The board may not require certification of operators for a water system serving a
125     population of 800 or less except:
126          (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
127     Water Act, 42 U.S.C. Sec. 300f et seq.; and
128          (ii) for a system that is required to treat its drinking water.
129          (c) The certification program shall be funded from certification and renewal fees.
130          (3) Routine extensions or repairs of existing public water systems that comply with the
131     rules and do not alter the system's ability to provide an adequate supply of water are exempt
132     from the provisions of Subsection (1)(c)(i).
133          (4) (a) The board may adopt and enforce standards and establish fees for certification
134     of persons engaged in administering cross connection control programs or backflow prevention
135     assembly training, repair, and maintenance testing.
136          (b) The certification program shall be funded from certification and renewal fees.
137          (5) A board member may not speak or act for the board unless the board member is
138     authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
139          (6) (a) The water use data required to be collected in Subsection (1)(c)(iv) shall include
140     peak day source demand, average annual demand, the number of equivalent residential
141     connections for retail service, and the quantity of non-revenue water.
142          (b) The division may, by rule, establish:
143          (i) other types of water use data required to be collected in addition to that listed in
144     Subsection (6)(a); and
145          (ii) alternative methods for calculating the water use data listed in Subsection (6)(a).
146          Section 3. Section 19-4-114 is enacted to read:
147          19-4-114. Source and storage minimum sizing requirements for public water
148     systems.
149          (1) (a) Except as provided in Subsection (1)(b) and upon submission of plans for a

150     substantial addition to or alteration of a community water system, the director shall establish
151     system-specific source and storage minimum sizing requirements for a community water
152     system serving a population of more than 3300 based on at least the most recent three years of
153     a community water system's actual water use data submitted in accordance with Subsections
154     19-4-104(1)(c)(iv) and (v).
155          (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available
156     to the division, or if the community water system determines that the data submitted does not
157     represent future system use, the director may establish source and storage minimum sizing
158     requirements for the community water system based on:
159          (i) an engineering study submitted by the community water system and accepted by the
160     director; or
161          (ii) at least three years of historical water use data that is:
162          (A) submitted by the community water system; and
163          (B) accepted by the director.
164          (c) A community water system serving a population of more than 3300 shall provide
165     the information necessary to establish the system-specific standards described in this
166     Subsection (1) by no later than March 1, 2019.
167          (2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b),
168     the director shall establish system-specific source and storage minimum sizing requirements for
169     a community water system serving a population of between 500 and no more than 3300 based
170     on at least the most recent three years of a community water system's actual water use data
171     submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v).
172          (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available
173     to the division, or if the community water system determines that the data submitted does not
174     represent future system use, the director may establish source and storage minimum sizing
175     requirements for the community water system based on:
176          (i) an engineering study submitted by the community water system and accepted by the
177     director; or
178          (ii) at least three years of historical water use data that is:
179          (A) submitted by the community water system; and
180          (B) accepted by the director.

181          (c) A community water system serving a population of between 500 and no more than
182     3300 shall provide the information necessary to establish system-specific standards described
183     in this Subsection (2) by no later than March 1, 2023.
184          (3) The director shall establish system-specific source and storage minimum sizing
185     requirements for a community water system serving a population of fewer than 500 based on:
186          (a) at least the most recent three years of a community water system's actual water use
187     data submitted to the division and accepted by the director;
188          (b) an engineering study submitted by the community water system and accepted by the
189     director;
190          (c) standards, comparable to those of established community water systems, as
191     determined by the director; or
192          (d) relevant information, as determined by the director.
193          (4) The director shall:
194          (a) for community water systems described in Subsection (3), establish a schedule to
195     transition from statewide sizing standards to system-specific standards;
196          (b) establish minimum sizing standards for public water systems that are not
197     community water systems;
198          (c) provide for the routine evaluation of changes to the system-specific standards; and
199          (d) include, as part of system-specific standards, necessary fire storage capacity in
200     accordance with the state fire code adopted under Section 15A-1-403.
201          (5) The director may adjust system-specific sizing standards, established under this
202     section for a public water system, based on information submitted by the public water system
203     addressing the effect of any wholesale water deliveries or other system-specific conditions
204     affecting infrastructure needs.
205          (6) A wholesale water supplier is exempt from this section if the wholesale water
206     supplier serves:
207          (a) a total population of more than 10,000; and
208          (b) a wholesale population that is 75% or more of the total population served.