Section R317-401-1 - General1.1. Authorization. This rule is administered by the Division authorized by Title 19 Chapter 5.
1.2. Purpose. The purpose of this rule is to protect public health and environment from potential adverse effects from graywater use while promoting water conservation by facilitating reuse of graywater for landscape irrigation within the boundaries of Utah.
1.3. Scope. This rule shall apply to the design, installation, modification, discharge, use and repair of graywater systems for subsurface landscape irrigation for residential and non-residential buildings.
1.4. Jurisdiction. Local health departments have jurisdiction to administer this rule. Nothing contained in this rule shall be construed to prevent a local health department from:
(a) adopting stricter requirements than those contained in Rule R317-401;(b) prohibiting any graywater system within its jurisdiction;(c) assessing fees for administration of this rule;(d) receiving a request for a variance, conducting a review, and granting either an approval or denial; or(e) requiring graywater systems within its jurisdiction be placed under an umbrella of a: (i) responsible management entity overseen by the local health department;(ii) contract service provider overseen by the local health department; or(iii) management district or body politic created by the county for the purpose of operation, maintenance and repairs of all graywater systems.1.5. Graywater System Administration. (a) The local health department having jurisdiction shall obtain approval from the Director to administer a graywater systems program before permitting any graywater system.(b) The local health department request for approval should include a description of its plan to properly manage graywater systems to protect public health. This plan should include: (i) Documentation of: (A) the adequacy of staff resources to manage the increased work load;(B) the technical capability to administer the new program including any training plans that are needed;(C) local board of health support for this request; and(D) the county's or the health jurisdiction's legal authority to implement and enforce correction of any malfunctioning system and its commitment to exercise this authority.(ii) An agreement to: (A) advise the owner of the system of the type of system, and information concerning risk of failure, level of maintenance required, financial liability for repair, modification or replacement of a failed system and periodic monitoring requirements;(B) advise the local building authority of the approved graywater system on the property;(C) provide oversight of installed systems;(D) record the existence of any graywater system on the deed of ownership for that property;(E) implement a graywater system operating permit program consisting of: (1) Tier 1 system operating permits may be issued at the discretion of the regulatory authority; and(2) Tier 2 system operating permits issued with a renewal frequency not exceeding five years and inspection by the regulatory authority prior to renewal, or annual inspections by the regulatory authority consisting of the greater of 20 per cent of all installed systems or the minimum of ten installed systems;(F) maintain records of all installed 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; and(G) submit an annual report to the Division on or before September 1 for the previous State of Utah fiscal year's activities showing: (1) the type and number of graywater systems approved, installed, modified, repaired, failed, and inspected;(2) a summary of enforcement actions taken, pending, and resolved;(3) number of variances granted or denied; and(4) a summary of any water quality performance data collected.Utah Admin. Code R317-401-1
Amended by Utah State Bulletin Number 2020-08, effective 3/26/2020