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Home My WebLink AboutDDW-2024-009374State of Utah Operator Certification Program State FY2024 Annual Report to the US Environmental Protection Agency July 2024 For questions or additional information, please contact: Helen Lau Compliance & Operator Assistance Section Manager Division of Drinking Water PO Box 144830 Salt Lake City, Utah 84114-4830 801-674-2563 (cell) hlau@utah.gov https://deq.utah.gov/division-drinking-water Contents Introduction .................................................................................................... 1 Authorization ................................................................................................... 1 Classification of Systems, Facilities, and Operators ...................................................... 2 Public Water Systems ....................................................................................... 2 Certified Operator .......................................................................................... 2 Table 1 – System Operator Certification Compliance Rates ........................................ 2 Table 2 - New Public Water Systems .................................................................. 3 Operator Qualifications ....................................................................................... 4 Active Operators ............................................................................................ 4 Table 3 – Active Operator Certificates ................................................................ 4 Table 4 – Annual Operator Renewal Data ............................................................. 4 Continuing Education Unit Courses ....................................................................... 5 Table 5 – Sample Approved Continuing Education Courses ......................................... 5 Exam Pass Rates ............................................................................................. 6 Table 6 – Exam pass rates ............................................................................... 6 Operator Certification-Capacity Development Programs Partnership ............................... 6 Grandparent Certifications ................................................................................ 7 Operator Education and Experience ...................................................................... 7 Enforcement .................................................................................................... 9 Facility Enforcement ....................................................................................... 9 Operator Disciplinary Action ............................................................................. 10 Certificate Renewal ......................................................................................... 10 Certificate Renewal and Professional Development ................................................. 10 Resources Needed to Implement the Program ........................................................... 11 Recertification ............................................................................................... 12 Stakeholder Involvement ................................................................................... 12 Operator Certification Commission ..................................................................... 12 Commission Meetings ..................................................................................... 12 Program Review .............................................................................................. 13 Conclusion/Summary ........................................................................................ 13 pg. 1 Introduction In 1999, the U.S. Environmental Protection Agency (EPA) issued operator certification program guidelines specifying minimum standards for certification and recertification for the operators of community and non-transient non-community public water systems. The goal of the operator certification program is to protect human health by ensuring that skilled professionals are overseeing the treatment and distribution of safe drinking water. Operator certification is a crucial step in promoting compliance with the Safe Drinking Water Act (SDWA), and oversight of the program ensures that these steps are taken. Utah’s Operator Certification Program requirements have not been reduced; no backsliding has occurred in the past year. In addition, the State of Utah made no rule or policy changes to the Operator Certification Program in the past year. The State of Utah’s Operator Certification Program (Program) has been approved as consistent with the Final Guidelines for the Certification and Recertification of the Operators of Community and Non-Transient Non-Community Public Water Systems, 64 CFR 5916 (guidelines). This is the State of Utah’s annual Program report to EPA for State Fiscal Year 2024. In accordance with the guidelines, this report addresses the status and continued implementation of Utah’s Program for the Nine Baseline Standards for both community and non-transient non-community water systems. The Nine Baseline Standards are: 1. Authorization 2.Classification of systems, facilities, and operators 3.Operator qualifications 4. Enforcement 5.Certification renewal 6.Resources needed to implement the program 7.Recertification 8.Stakeholder involvement 9.Program review Authorization In Utah, the Drinking Water Board (Board) operates under authority granted by Utah Code Title 19 Chapter 4 Section 104, the Utah Safe Drinking Water Act. The Utah Drinking Water Board is a 9-person board appointed by the Governor. The Board is empowered to adopt rules governing the design, operation, and maintenance of Utah's public drinking water systems. The Utah Operator Certification Program is specifically authorized by Utah Code 19-4-104(2) and is established in Utah Administrative Rule 309-300, Certification Rules for Water Supply Operators. The Utah Department of Environmental Quality, Division of Drinking Water (Division), has been delegated oversight responsibility for public water systems in Utah to ensure compliance with and enforcement of the provisions of R309-300, the Safe Drinking Water Act, and other pertinent regulations. In FY2024 the Division of Drinking Water did not make any changes to Rule R309-300, Certification Rules for Water Supply Operators. pg. 2 Classification of Systems, Facilities, and Operators Public Water Systems The Division is responsible for applying Board regulation and direction to classify all public water system treatment and distribution system facilities in accordance with the provisions of R309-300. Treatment classification is based on specific design features that include treatment processes and their complexity, source water type, and design capacity. Water treatment facilities are classified as Treatment 1, Treatment 2, Treatment 3, or Treatment 4.Treatment 4 is the highest level of classification. Distribution systems are classified by the population served. Water distribution systems are classified as Small System, Distribution 1, Distribution 2, Distribution 3 or Distribution 4. Distribution 4 is the highest level of classification. Certified Operator R309-300 requires that every community water system or non-transient, non-community water system drinking water facility be operated under the supervision of a certified direct responsible charge operator who holds a certificate equal to or greater than the facility’s classification level. The regulation also reserves all process control and system integrity decisions to the certified direct responsible charge operator or another operator holding a certificate equal to or greater than the facility’s classification level. A certified direct responsible charge operator or another operator who holds a certificate equal to or greater than the facility’s classification level must be available at all times during the facility’s operating hours. Compliance with operator certification requirements is a Utah Drinking Water Program priority. Table 1 represents the systems in compliance with the certified operator requirements. Table 1 – System Operator Certification Compliance Rates System Type Number of Systems Number of Systems in Compliance Compliance Rate Community Distribution 506 479 94.6% Treatment 70 61 87.1% Non-Transient Non-Community Distribution 88 80 90.9% Treatment 20 14 70.0% Transient Non-Community Treatment 33 22 66.7% pg. 3 Non-compliance is a result of one of the following circumstances: 1.A certified operator has not been designated by the system’s owner. 2.The operator’s certificate has expired. 3.The operator’s certificate is not at the correct level for the facility they are operating. In addition, the Division identified five new Community Water System, three new Non- Transient Non-Community Water System and two Transient Water Systems that are required to employ a certified operator. These new systems have been notified of the Operator Certification requirements by official communication from the Division. Table 2 - New Public Water Systems PWS Name PWS Type Treatment or Distribution PWS # Notification Date VERNAL RV RESORT T T UTAH24052 7/25/23 RED CLOUD WATER SYSTEM C D UTAH22157 8/30/23 USCF - SLC C D UTAH18182 10/10/23 WASATCH PEAKS RANCH C D UTAH15044 12/20/23 TINTIC CONSOLIDATED WATER SYSTEM NTNC D UTAH25188 1/22/24 GLEN CANYON NRA - LONE ROCK CAMPGROUND T T UTAH13053 1/24/24 HOLIDAY HILLS ASSOCIATION C D UTAH25038 3/7/24 RED WASH NTNC D UTAH24020 3/28/24 UTAH TECH CULINARY WATER SYSTEM NTNC D UTAH27116 5/16/24 BLACK DESERT RESORT WATER SYSTEM C D UTAH27114 5/16/24 pg. 4 Operator Qualifications Active Operators Utah requires that each operator pass an exam appropriate to the classification level for which they are applying. The state requires separate treatment and distribution certificates. Active drinking water certificate counts are listed by category in Table 3. Many operators hold multiple certificates. Table 4 reports the number of operators that renewed certificates during the year. Utah securely tracks operator and water system information electronically via the WaterLink web application at https//waterlink.utah.gov. Operator certification information, including name, contact information, certification exam dates and scores, certification level(s), and certification date(s), are available from the database for each individual operator. Water system classification data is also available for each of Utah’s water systems in the WaterLink database. Table 3 – Active Operator Certificates Certificate Level Number of Certificates SS 270 D1 254 D2 336 D3 110 D4 1597 T1 80 T2 116 T3 19 T4 497 Table 4 – Annual Operator Renewal Data Certificate Level Number Renewing SS 60 D1 42 D2 61 D3 25 D4 302 T1 12 T2 18 T3 3 T4 90 pg. 5 Continuing Education Unit Courses Information on approved continuing education unit (CEU) courses and individual operator CEUs (by approved course) is maintained in the Division’s WaterLink web application. Table 5 lists a sample of the 904 CEU training courses the Utah Operator Certification Program approved during FY2024. CEU training courses are offered by third party technical assistance providers (such as Rural Water Association of Utah and the Rural Community Assistance Corporation), through on-line providers (such as At Your Pace Online), by individual water systems, by manufacturers and trade groups, and through other approved means. The Utah Operator Certification Program offers training providers the opportunity to apply for course pre-approval that assures our operators that they will receive CEU credit for attending the various training opportunities. Training events not pre-approved may still qualify for CEU credit, but course documentation is reviewed by the Operator Certification Commission Secretary on a case-by-case basis and the course may be rejected if it does not meet the requirements outlined in Operator Certification Rule, R309-300-14.6. “All CEUs for certificate renewal shall be subject to review for approval to [ensure] that the training is applicable to waterworks operation and meets CEU criteria. Identification of approved training, appropriate CEU or credit assignment and verification of successful completion is the responsibility of the Secretary to the Commission. Training records will be maintained by the Division of Drinking Water.” Table 5 – Sample Approved Continuing Education Courses Course ID Course Name 76107 RWAU Water Transmission & Distribution 76112 Utah Water Quality Alliance Meeting 76113 2024 AWRA Annual Luncheon: "A Strategy for Great Salt Lake" 76111 RWAU Maintaining Water Quality in Distribution Systems 76115 January 2024 Water District Training 76120 Preparing for the Lead and Copper Rule Improvements 76119 Next Steps for Complying with the Lead and Copper Rule Improvements 76126 Chlorine Response 76126 Bloodborne Pathogens 76117 2024 RWAU Annual Conference - Friday Only 76131 Water Security Summit pg. 6 76136 RWAU Chlorinator Systems and Chemical Handling 76137 Operator Math 76132 Fifth Unregulated Contaminant Monitoring Rule Exam Pass Rates Successfully passing certification examinations is vital to maintain a steady workforce of certified operators. Low pass rates at the higher levels continue to be an area of concern. Table 6 summarizes the exam pass rates for exams offered during FY2024. Table 6 – Exam pass rates Certification Level Total Exams Exams Passed Pass Rate SS 45 34 76% D1 46 33 72% D2 109 52 48% D3 13 9 69% D4 310 161 52% T1 17 15 88% T2 17 11 65% T3 0 0 N/A T4 71 43 61% The overall pass rate for all water treatment exams is 65.7 percent. The overall pass rate for distribution exams is 55.3 percent. The overall pass rate for all water operator certification exams is 57 percent. Operator Certification-Capacity Development Programs Partnership Division Operator Certification Program staff work in partnership with drinking water systems, technical assistance partners, and other division staff from various program areas to reach water operators and system owners to improve compliance, enhance water quality, protect public health, and better position a system technically, managerially, and financially, to meet future needs. Training is provided to public water systems in both one- on-one and group workshops to help strengthen system’s ability to supply safe drinking water to the public and to protect their source water. The Division continues its efforts to reach and work with operators to address the identified areas of concern: ● The Division sponsors no or low-cost training sessions in on-line and in multiple locations across the state with a focus on operations, math, and regulations. ● Division compliance, operator certification, and engineering staff regularly present at conferences, seminars, and other venues throughout the state on various regulatory compliance topics. pg. 7 ● Division Staff participate on the Intermountain Section AWWA Small Systems Education Committee which provides training targeting small system operators. ● The Division provides support for Utah’s Water and Wastewater Agency Response Network (UTWARN) and works with them to provide systems and operators with emergency preparedness and response training. Grandparent Certifications The Grandparent Certification option was implemented to allow competent small system operators that may not have met operator certification program requirements to continue operating the systems at which they were employed when the program was introduced. Grandparent Certificates are restricted to the person, position, and water system for which they were initially issued and are not transferable to other persons, drinking water systems, or positions. A Grandparent Certificate exempts the holder from further examination unless the drinking water system’s classification increases, the operator seeks to change the certificate discipline or grade, or the operator leaves that system’s employ. At that time, all normal certification requirements must be met. Operators holding a Grandparent Certificate must renew that certificate every three years by attending and documenting approved continuing education courses and paying the appropriate renewal fee. A Grandparent Certification that expires and is not renewed in accordance with existing policy will not be renewed and the operator will be required to apply for certification as if they were a new operator. Utah’s Operator Certification database shows 12 individuals with an active Grandparent Operator Certification. All other Grandparent Certificates have expired. Utah does not issue new Grandparent Certificates. Operator Education and Experience Operators must meet specific education and training requirements in order to be granted an Unrestricted Certification. Specific education and experience levels are required of each certified operator before an Unrestricted Certification will be granted. Additional on-the-job experience is required for Operators with a high school education or equivalent (e.g. a GED) to receive Unrestricted status versus those with post-high school education. For example, an individual without a high school diploma must have 10 years of experience at a Grade 4 level in order to receive an Unrestricted Grade 4 Operator Certification (either distribution or treatment). Whereas an individual with an Associate’s Degree must have 6 years of Grade 4 experience to be similarly certified. Similar education and on-the-job experience requirements are defined in Rule for each operator classification grade. The State of Utah has not performed a job analysis for Operator Certification classification levels in the past 3 years. The State of Utah has developed its own certification examinations and testing regimen, including both paper and on-line examination options. Any operator may review their own exam, whether they passed or failed, and may challenge any question they find confusing, pg. 8 believe is incorrect, or may be viewed as a trick question. Such exam question challenges are reviewed by a panel of subject matter experts and the panel determines whether a specific challenge has merit. All operators who challenge exam questions are notified of the panel’s decisions. Exam questions are also subject to review and validation by the Operator Certification Commission or its designee(s). Questions are reviewed for content, veracity, clarity, and intent to assure that operators’ knowledge of their job duties and compliance requirements is adequate to comply with drinking water regulations and to protect public health. Exam questions were reportedly last validated approximately 8 years ago. pg. 9 Enforcement Facility Enforcement Utah Code Title 19-4-104 grants the Utah Drinking Water Board authority to make rules, issue and enforce administrative orders, and impose penalties against facility owners for failure to operate their systems under the supervision of a certified operator. In State Fiscal Year 2024 a letter was sent to the following systems notifying them that we needed to update our records and they were out of compliance with Operator Certification requirements for not having a certified operator or direct responsible charge operator. The letter includes a reference to rule language requiring a certified operator as well as a certified direct responsible charge operator. PSWSID WATER SYSTEM NAME DETERMINED RESOLVED UTAH24052 VERNAL RV RESORT 7/27/23 UTAH07051 EAST DUCHESNE CULINARY WID 8/22/23 10/17/23 UTAH11063 RED CANYON WATER USERS 8/29/23 UTAH22157 RED CLOUD WATER SYSTEM 9/4/23 UTAH07067 SOUTH DUCHESNE CULINARY WATER 9/6/23 UTAH18182 USCF - SLC 10/24/23 4/12/24 UTAH18173 VA MEDICAL CENTER SLC 2/5/24 3/14/24 UTAH23079 SOUTH RIM WATER SYSTEM 2/5/24 UTAH29008 LIBERTY PIPELINE COMPANY 2/5/24 UTAH24020 RED WASH 3/28/24 UTAH25038 HOLIDAY HILLS ASSOCIATION 4/24/24 UTAH27116 UTAH TECH CULINARY WATER SYSTEM 5/16/24 UTAH14004 HINCKLEY TOWN WATER SYSTEM 6/19/24 UTAH14051 DESERET - OASIS SSD 6/19/24 UTAH18104 MOUNTAIN DELL CAFE AND GOLF COURSE 6/24/24 UTAH27114 BLACK DESERT RESORT WATER SYSTEM 6/24/24 UTAH10037 RED CLIFFS PARTNERS LLC 7/1/2024 UTAH22094 PARK CITY MOUNTAIN RESORT 7/1/2024 pg. 10 Operator Disciplinary Action Utah Code Title 19-4-104 grants the Utah Drinking Water Board authority to make rules, issue and enforce administrative orders, and impose penalties against water operators for failure to comply with Operator Certification Rules and requirements. Utah did not revoke or suspend any operator certifications during state fiscal year 2024. There were no certifications in the revocation or suspension process at the end of the reporting period. Certificate Renewal Certificate Renewal and Professional Development Utah Administrative Code Rule R309-300 requires on-going professional development to renew certificates every three years. Training courses used to fulfill the professional development requirement must be approved by the Operator Certification Commission Secretary. Operators who fail to renew or qualify for renewal within two years of the expiration of their certificate must complete the recertification process. Utah did not require any operators to recertify during FY2024. The Utah Operator Certification program has established minimum requirements for operators to renew their certificates. Operators certified as Small System (SS), Grade 1, or Grade 2 must earn 2 continuing education units (CEUs) during the 3-year renewal period. Operators certified as Grade 3 or Grade 4 must earn 3 CEUs during the 3-year renewal cycle. Individual operators are responsible for tracking and reporting training units for certification renewal. Certificates of completion and transcripts are reviewed by the Operator Certification Commission Secretary to determine that the professional development requirements have been met. Training courses for CEU credit are offered by Rural Water Association of Utah, American Water Works Association – Intermountain Section, Rural Community Assistance Corporation, the Environmental Finance Center Network, various on-line training providers, as well as through in-house training at water systems and conservancy districts. Utah securely tracks operator certification information electronically via the WaterLink web application, at https//waterlink.utah.gov. Individual operator certification information, including name, contact information, certification exam dates and scores, certification level(s), certification date(s), as well as each operator’s approved continuing education unit courses and CEUs earned, is available from the database for each operator. Additionally, water system classification data is available for each of Utah’s water systems. The WaterLink database has been modified to track courses that are preapproved for CEUs and will include relevant information including, training provider name, instructor name and qualifications, course descriptions and objectives, and proposed dates for training workshops. A similar database feature allows for water systems to receive approval for in- house training opportunities offered to their staff operators. Utah does not maintain a clearinghouse that tracks the number of classes taught by an instructor or institution, the number of attendees at each training class or the cost to the student for each course. Courses approved for training units are not ranked by certification level. pg. 11 Trainers submit applications for training units which are approved by a committee of volunteer subject matter experts who review all applications and assign the training units. Upon approval, the course is entered into the database of approved training courses. Utah did not require any certified operators to take additional training, other than required CEU training, during FY2024. Resources Needed to Implement the Program The State of Utah’s Operator Certification Program is currently managed by the Compliance and Operator Assistance Section Manager. A Division reorganization created this new section and moved previous staff members out of the Technical Assistance Section into the newly created Field Services Section. These four staff members are consulted regularly for any question or issues the Operator Certification Program faces, such as exam question challenges. All certification exam question challenges are reviewed by members of the Field Services Section, all former water system operators, to determine if the challenge has merit. The program also has a full-time Environmental Program Coordinator responsible for administrative and clerical support to the program. Appropriate back-up staff is also available to ensure program continuity if primary staff is unavailable or absent for extended periods. Income to support the Operator Certification Program originates from fees charged to applicants and operators as authorized by state statute, as well as DWSRF set-aside and PWSS funds. These revenue sources cover the costs of program operations, including monitoring compliance with the requirements of R309-300, tracking and entering CEU data, preparing, proctoring and grading certification examinations, and providing operator training. General drinking water rule compliance is monitored by Division rules compliance and enforcement staff and compliance is checked on-site by division staff during sanitary surveys. Facility classification is assigned during the plan review and approval stage and is periodically reviewed as facility modifications are reported to the Division as well as during sanitary surveys. The Division’s data system and database development are managed and maintained by staff from both the Division of Drinking Water and the Division of Technology Services. Under the current organization, Utah has sufficient resources to implement its operator certification program now and into the future. State FY2024 program revenue and expenses are summarized in Appendix A. pg. 12 Recertification Certificates are valid for three years, beginning January 1 of the year following the date the operator successfully passes a certification examination. An operator whose certificate is expired for less than 18 months may renew within that 18-month period by applying for renewal, paying the required fee, and providing documentation that the CEU requirements have been met. Such operators may also choose to take a certification examination to recertify. An operator whose certificate is expired for more than 18 months may not renew their certificate. Such operators must meet all of the requirements as though for an initial certification. Utah did not have any operators who were required to go through the recertification process in FY2024. Stakeholder Involvement Operator Certification Commission The Utah Operator Certification Commission is established under Administrative Rule R309- 300-16. The Commission is made up of seven members appointed by the Division Director. The seven members represent various stakeholders in Utah’s water industry, onerepresentative from each of the following: ●Municipal water systems serving a population less than 10,000 ●Grade III certified distribution operators ●Grade III certified treatment system operators ●Municipal water system management ●Academia, a professor from the civil or environmental engineering department of a Utah College or University ●Utah-based Water Supply Technical Assistance and Training Providers ●The Division of Drinking Water The Commission advises on certification examination content, operator certification criteria, certificate renewal criteria, provides input during rule revision and program modification, reviews and validates certification exams and exam questions, reviews findings and makes recommendations regarding suspending or revoking operator certificates, reviews findings and makes recommendations regarding water system compliance with Administrative Rule R309-300, and promotes the operator certification program. Commission Meetings The Operator Certification Commission meets as required to review proposed program and rule changes, perform examination and examination question verification, and conduct other business to promote and expand the Operator Certification program. Commission meetings are open to the public. The Operator Certification Commission did not meet during FY2024 but meetings to discuss a rule review is scheduled for FY2025. pg. 13 Program Review The Division conducts periodic internal reviews of the Operator Certification Program rule, processes, procedures, and data management. Operator Certification regulations, training needs, and examination issues are reviewed with stakeholders, including AWWA, RWAU, and water system representatives, as necessary. The Division continues to work toward developing a standardized approach to conducting both internal and external reviews. Based on discussions with US EPA Region 8 staff Utah has initiated a program review specifically centered on certified operator education and experience requirements. The Utah Operator Certification Program issues Restricted Status certificates to operators who pass the certification exam but do not have the required experience for the desired certification grade level. Each certification grade has specific education and experience requirements that are summarized in Utah Administrative Code Rule R309 Certification Rules for Supply Operators, Section 19, Table 5. Operators that meet both the education and experience requirements for the desired certification grade level may apply for Unrestricted Status. The Table as currently written is confusing and does not clearly meet federal program requirements as outlined in the Nine Baseline Standards. Utah Operator Certification Program staff are currently using an interim policy to clarify the table with respect to how much education may be substituted for experience at any given certification grade level. Staff is also in the process of rewriting Rule R309-300 to better define education and experience requirements for each certification grade level as well as generally modify the program to ensure compliance with the Nine Baseline Standards into the future. Conclusion/Summary Utah’s public drinking water system operator certification program is meeting the requirements of the Nine Baseline Standards for community and non-transient non- community water systems in accordance with published guidelines. The state remains committed to further enhancing this program to ensure it meets the evolving needs of trained operators and upholding public health. APPENDIX A Utah Operator Certification Program Revenue and Expenses DESCRIPTION FEES 3600 BUDGET ACT thru FY2024 6/30/2024 REVENUE 0300 General Funds -$ -$ 2305 D/W Fees 375,700$ 231,291$ 3475 DEQ EPA Grants -$ -$ DEQ Indirect Charge -$ -$ Total Revenue 375,700$ 231,291$ EXPENSES 5000 Personnel Services 144,400$ 123,951$ 6000 In-State Travel 1,200$ 527$ 6052 Out-State Travel -$ -$ 6115 Human Resource Services 900$ 755$ 6126 Wireless Communication Service 800$ 707$ 6136 Postage & Mailing (incl fed exp)1,800$ 2,121$ 6137 Professional & Technical (RWAU)-$ -$ 6138 Attorney Fees -$ -$ 6147 Credit Card Collections (EFT Fees)3,100$ 5,686$ 6165 Rent of Motor Pool Vehicle -$ -$ 6171 Buildings & Grounds-Operating Supplies, Maint & Repairs 1,000$ 824$ 6175 Other Equipment-Operating Supplies, Maintenance & Repairs -$ -$ 6181 Office Supplies 1,100$ -$ 6182 Printing & Binding -$ -$ 6185 Books & Subscription 200$ -$ 6186 Photocopies -$ 9$ 6187 Small Office Equipment Less Than $5000 -$ -$ 6200 Testing, Grading & Inspection supply -$ -$ 6263 Insurance & Bonds 400$ 456$ 6269 Emp Training & Development -$ -$ 6274 Membership Dues (ABC split w/WQ)-$ -$ 6276 Conventions/Workshops -$ -$ 6300 Dept of Technology Services Telecommunication Charges 200$ 116$ 6467 DP HWRE <5000 desktop computers -$ -$ 6500 Data Processing 203,700$ 6,734$ 6570 Port Charge -$ -$ 6578 Device Charge -$ -$ 6582 Data Processing-Supplies 100$ -$ 6583 DP Security Charge -$ -$ 6597 Allocations 900$ -$ 9920 DEQ Indirect Charge 15,900$ 15,655$ 375,700$ 157,541$ Operator Certification Revenues & Costs thru June 30, 2024 Division of Drinking Water APPENDIX B Utah Administrative Rule R309-300 Certification Rules for Drinking Water Supply Operators R309-300 Certification Rules For Water Supply Operators Page 1 of 18 R309-300. Certification Rules for Water Supply Operators R309-300-1. Objectives. .............................................................................................. 3 R309-300-2. Authority. ................................................................................................ 3 R309-300-3. Extent of Coverage - To Whom Rules Apply - Effective Date. ........... 3 R309-300-4. Definitions. ............................................................................................. 3 R309-300-5. General Policies. .................................................................................... 5 R309-300-6. Application for Examination. ................................................................ 7 R309-300-7. Examinations. ....................................................................................... ..7 R309-300-8. Certificates. ............................................................................................ 8 R309-300-9. Certificate Suspension and Revocation Procedures. ......................... 9 R309-300-10. Fees. ...................................................................................................... 9 R309-300-11. Facilities Classification System. ....................................................... 10 R309-300-12. Qualifications of Operators. .............................................................. 10 R309-300-13. Grandparent Certification. ................................................................. 10 R309-300-14. CEUs and Approved Training. .......................................................... 11 R309-300-15. Validation of Previously Issued Certificates. ................................... 12 R309-300-16. Operator Certification Commission. ................................................ 12 R309-300-17. Secretary to the Commission. .......................................................... 14 R309-300-18. Non-compliance with Certification Program. .................................. 14 R309-300-19. Drinking Water System Classification.............................................. 14 R309-300 Certification Rules For Water Supply Operators Page 3 of 18 R309-300. Certification Rules for Water Supply Operators. R309-300-1. Objectives. These certification rules are established to promote use of trained, experienced, and efficient personnel in charge of public waterworks and to establish standards whereby operating personnel can demonstrate competency to protect the public health through proficient operation of waterworks facilities. R309-300-2. Authority. Utah's Operator Certification Program is authorized by Section 19-4-104. R309-300-3. Extent of Coverage - To Whom Rules Apply - Effective Date. These rules shall apply to all community and non-transient non-community drinking water systems and all public drinking water systems that utilize treatment of the drinking water. This shall include both water treatment and distribution systems. R309-300-4. Definitions. "Commission" see the definition of: Operator Certification Commission. "Community Water System" means a public drinking water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. "Continuing Education Unit (CEU)" means ten contact hours of participation in, and successful completion of, an organized and approved continuing education experience under responsible sponsorship, capable direction, and qualified instruction. College credit in approved courses may be substituted for CEUs on an equivalency basis. "Direct Employment" means that the operator is directly compensated by the drinking water system to operate that drinking water system. "Direct Responsible Charge" means active on-site charge and performance of operation duties. A person in direct responsible charge is generally an operator of a water treatment plant or distribution system who independently makes decisions during normal operation which can affect the sanitary quality, safety, and adequacy of water delivered to customers. In cases where only one operator is employed by the system, this operator shall be considered to be in direct responsible charge. R309-300 Certification Rules For Water Supply Operators Page 4 of 18 "Director" means the Director of the Division of Drinking Water. "Discipline" means type of certification (Distribution or Treatment). "Distribution System" means the use of any spring or well source, distribution pipelines, appurtenances, and facilities which carry water for potable use to consumers through a public water supply. Systems which chlorinate groundwater are in this discipline. "Distribution System Manager" means the individual responsible for all operations of a distribution system. "Division of Drinking Water" means the Division within the Utah Department of Environmental Quality which regulates public water supplies. "Grade" means any one of the possible steps within a certification discipline of either water distribution or water treatment. The water distribution discipline has five steps and the water treatment discipline has four steps. Treatment Grade I and Distribution Small System indicate knowledge and experience requirements for the smallest type of public water supply. Grade IV indicates knowledge and experience levels appropriate for the largest, most complex type of public water supply. "Grandparent Certificate" means the operator has not been issued an Operator Certificate through the examination process and that a restricted certificate has been issued to the operator which is limited to his current position and system. These certificates cannot be used with any other system should the operator transfer. "Non-Transient Non-Community Water System" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons for more than six months per year. Examples are separate systems serving workers and schools. "Operator" means a person who operates, repairs, maintains, and is directly employed by or an appointed volunteer for a public drinking water system or a person who has passed the certification exam. "Operator Certification Commission" means the Commission appointed by the Director as an advisory Commission on certification. "Public Drinking Water System" means any drinking water system, either publicly or privately owned, that has at least 15 connections or serves at least 25 people for at least 60 days a year. "Regional Operator" means a certified operator who is in direct responsible charge of more than one public drinking water system. "Restricted Certificate" means that the operator has qualified by passing an examination but is in a restricted certification status due to lack of experience as an operator. R309-300 Certification Rules For Water Supply Operators Page 5 of 18 "Secretary" means the Secretary to the Operator Certification Commission. This is an individual appointed by the Director to conduct the business of the Commission. Training Coordinating Committee" means the voluntary association of individuals responsible for environmental training in the state of Utah. "Treatment Plant Manager" means the individual responsible for all operations of a treatment plant. "Treatment Plant" means those facilities capable of delivering complete treatment to any water (the equivalent of coagulation and/or filtration) serving a public drinking water supply. "Unrestricted Certificate" means that a certificate of competency has been issued by the Director after considering the recommendation of the Commission. This certificate acknowledges that the operator has passed the appropriate level written examination and has met all certification requirements at the discipline and grade stated on his certificate. R309-300-5. General Policies. 1.In order to become a certified water operator, an individual shall pass an examinationadministered by the Division of Drinking Water or qualify for the grandparent provisionsoutlined in R309-300-13. 2. Any properly qualified operator (see Minimum Required Qualifications for Utah Waterworks Operators Table 5) may apply for unrestricted certification. 3. All direct responsible charge operators shall be certified at a minimum of the grade levelof the water system with an appropriate certificate. Where 24-hour shift operation is used orrequired, one operator per shift must be certified at the classification of the system operated. Failure to comply would be a significant deficiency and subject to demerit points outlined in R309-400-8. 4. The Director, upon recommendation from the Commission, may waive examination ofapplicants holding a valid certificate or license issued in compliance with other statecertification plans having equivalent standards, and grant reciprocity. 5. A grandparent certificate will require normal renewal as with other certificates and will be restricted to the existing position, person, and system for which it was issued. No further examination will be required unless the grade of the drinking water system increases or theoperator seeks to change the certificate discipline or grade. At that time, all normalcertification requirements must be met. 6. Every community and non-transient non-community drinking water system and all public systems that utilize treatment/filtration of the drinking water shall have at least one operator R309-300 Certification Rules For Water Supply Operators Page 6 of 18 certified at the classified grade of the water system. Certification must be appropriate for the type of system operated (treatment and/or distribution). 7. If the Distribution Manager, Treatment Plant Manager, or Direct Responsible Charge Operator is changed or leaves a particular water system, the water system management mustnotify the Secretary to the Operator Certification Commission within ten days by contacting the Division of Drinking Water in writing. Within one year, the person replacing the Distribution Manager, Treatment Plant Manager or Director Responsible Charge Operator must have passed an examination of the appropriate grade and discipline. Direct responsible charge experience may be gained later, together with unrestricted certification as experienceis gained. Failure to comply would be a significant deficiency and subject to demerit points outlined in R309-400-8. 8. The Secretary to the Commission may suspend or revoke a certificate after due notice and opportunity for a hearing. See Section R309-300-9 for further details. 9. An operator may have the opportunity to take any grade of examination higher than therating of the system which he operates. If passed, the operator shall be issued a restricted certificate at that higher grade. This certificate can be used to demonstrate that the operator has successfully passed all knowledge requirements for that discipline and grade, but that experience is lacking. This restricted certificate will become unrestricted when the experience requirements are met with written verification for the appropriate discipline andgrade, provided it is renewed at the required intervals. 10. The Commission will review on a periodic basis each system's compliance with these rules and will refer those systems in violation to the Director for appropriate action. Any requirement can be appealed as provided in R305-7. 11. An operator who is acting as the direct responsible charge operator for more than onedrinking water system (regional operator) shall not be a grandparent certified operator. 12. The regional operator must have an unrestricted certificate equal to or higher than the grade and discipline of the rating applied to each system he is operating. 13. If the regional operator is operating any system(s) that have both disciplines involved in their rating, the operator must have unrestricted certificates in both disciplines and at thehighest grade of the most complex system he is working with. 14. A regional operator shall be within a one hour travel time, under normal work and home conditions, of each drinking water system for which he is considered in direct responsible charge unless a longer travel time is approved by the Director based on availability of certified operators and the distance between community water systems in the area. 15. If the drinking water system has only one certified operator, with the exception of a drinking water system employing a regional operator, the operator must have a back up R309-300 Certification Rules For Water Supply Operators Page 7 of 18 operator certified in the required discipline(s). The back up certified operator must be within one hour travel time of the drinking water system. 16. At no time will an uncertified operator be allowed to operate a drinking water system covered by these rules unless the operator is within the one year grace period specified inR309-300-5.10. R309-300-6. Application for Examination. 1. Prior to taking an examination, the operator must file a written application with the Division of Drinking Water or apply for an online examination with the appropriate agency, accompanied by evidence of his qualifications for certification in accordance with provisionsof this plan (see table 5 on minimum qualifications). Such applications shall be made onforms supplied by the Division. 2. An operator may elect to take any written examination which he believes can be successfully passed. Persons passing such an examination shall be issued restricted certificates for the appropriate discipline and grade. R309-300-7. Examinations. 1. The time and place of the examination to qualify for a certificate shall be determined by the Commission or a proctor designated by the Commission. All examinations will be conducted at sites designated by the Commission or designated by a proctor designated by the Commission. The written examinations will be graded, and the applicant notified of the results within 30 days. The online examinations will be graded at the site of the examination.If an operator taking the examination fails to pass, the operator may file an application for reexamination 30 days after the exam. 2. The minimum passing grade for all certification exams shall be 70 percent correct on all questions asked. 3. An individual who has failed to pass at least two consecutive written exams, at the samegrade level and discipline, may make an application for an oral exam. The oral exam will be administered by at least two Commission members or by other individuals approved by the Director. If the individual fails this exam, the deficient areas will be discussed after the exam is completed. 4. Examinations will be given in nine grades, four in water treatment and five waterdistribution. The examinations will cover, but not be limited to, the following areas: (a) general water supply knowledge; R309-300 Certification Rules For Water Supply Operators Page 8 of 18 (b) control processes in water treatment or distribution; (c) operation, maintenance, and emergency procedures in treatment or distribution; (d) proper record keeping; (e) laws and requirements, and water quality standards. 5.The written examination question bank and text matrix shall be reviewed periodically by the Commission. R309-300-8. Certificates. 1.All certificates shall indicate the discipline for which they were issued as follows: (a) Water Treatment Plant Operator, Unrestricted; (b) Water Treatment Plant Operator, Restricted; (c) Water Distribution Operator, Unrestricted; (d) Water Distribution Operator, Restricted; (e) Grandparent. 2. A restricted certificate will be issued to those operators who have passed a higher gradeexamination than the grade for which they have qualified in the experience category. Upon accumulating the necessary experience (see R309-300-19. Table 5), these restricted certificates will become unrestricted with the same renewal date. Certificates issued in the restricted status will include the word RESTRICTED on the certificate. 3.Grandparent certificates will be restricted to the person, position, and water system forwhich they were issued. These certificates will exempt the holder from further examination but will not be transferable to other persons, drinking water systems or positions. 4. All certificates shall continue in effect for a period of three years unless suspended or revoked prior to that time. The certificate must be renewed every three years by payment ofa renewal fee and evidence of required training (see R309-300-14). Certificates will expireon December 31, three years from the year of issuance. 5. Requests for renewal shall be made on the forms supplied by the Division of Drinking Water. R309-300 Certification Rules For Water Supply Operators Page 9 of 18 6.A lapsed certificate may be renewed within 6 months of the expiration date by making an application for renewal. A certificate that lapsed more than 6 months earlier, but less than 18 months earlier may be renewed by making application for renewal and by payment of the reinstatement fee or by passing an examination. A certificate that has lapsed 18 months ormore may not be renewed and the former certificate holder will be required to meet all requirements for issuance of a new certificate. R309-300-9. Certificate Suspension and Revocation Procedures. 1. The Secretary shall inform a certificate holder, in writing, if the certificate is being considered for suspension or revocation of an Operator's certificate. The communicationshall state the reasons for considering such action and allow the individual an opportunity fora hearing. 2. Grounds for suspending or revoking an Operator's certificate shall be any of the following: (a) demonstrated disregard for the public health and safety; (b) misrepresentation or falsification of figures and reports, or both, submitted to the State; (c) cheating on a certification exam. 3. Suspension or revocation may be imposed when the circumstances and events were under the certificate holder's control. Disasters or "acts of God" which could not be reasonably anticipated will not be grounds for a suspension or a revocation action. 4. Following an appropriate hearing on these matters, the Commission will make arecommendation to the Director. The recommendation shall include a description of the findings of fact and shall be provided to the certificate holder. The information shall also outline the procedures to reapply for certification at the end of the specified disciplinary period. 5. Any suspension or revocation may be appealed as provided in R305-7. R309-300-10. Fees. 1.Fees for operator certification shall be submitted in accordance with Section 63-38-3. 2. Examination fees from applicants who are rejected before examination will be returned to the applicant. 3. Application fees will not be returned. R309-300 Certification Rules For Water Supply Operators Page 10 of 18 R309-300-11. Facilities Classification System. 1. All treatment plants and distribution systems shall be classified in accordance with R309-300-19. 2. Classification will be made by either the point system or on a population-served basis, whichever results in a higher classification. 3. When the classification of a system is upgraded or added to existing system ratings, the Director shall make a determination on the timing to be allowed for operators to gain certification at the higher or different level. R309-300-12. Qualifications of Operators. 1. Minimum qualifications are outlined in Minimum Required Qualifications for Utah Waterworks Operators, Table 5, included with these rules (see Section R309-300-19). 2. Approved high school equivalencies can be substituted for the high school graduation requirement. 3. Education of an operator can be substituted for experience, but no more than 50 percent of the experience may be satisfied by education. Note: The exception to this is in grades I and II, where the "one year of experience" requirement cannot be reduced by any amount of education. R309-300-13. Grandparent Certification. Some community and non-transient non-community water systems have operators with Grandparent Certification. Grandparent Certifications will continue to be sufficient for these operators, with the following restrictions: 1. Grandparent Certificates are valid only for the person, position, water system, and classification of water system for which they were issued; 2. A Grandparent Certification that expires and is not renewed as provided in R309-300-8(9) may not be renewed and the operator will be required to apply for certification as provided in this rule; and 3. No new Grandparent Certificates will be issued. R309-300 Certification Rules For Water Supply Operators Page 11 of 18 R309-300-14. CEUs and Approved Training. 1. CEUs will be required for renewal of all certificates (grandparent, restricted and unrestricted) according to the following schedule: TABLE 1 CLASSIFICATION CEUs REQUIRED IN A 3 YEAR PERIOD Small System 2 Grade 1 2 Grade 2 2 Grade 3 3 Grade 4 3 2.Grandparent certificates are required to have 2.0 or 3.0 CEUs, as per the water system classification, for certificate renewal. These specific CEUs shall be obtained during the first renewal cycle of said certificate. 3. Groups that currently sponsor approved education activities in Utah are: The Rural Water Association of Utah; Salt Lake Community College Utah Valley State College; Utah State University at Logan; Utah Department of Environmental Quality; Manufacturer's Representatives; American Water Works Association; American Backflow Prevention Association. 4. A continuing education unit is defined as 10 contact hours of participation in, andsuccessful completion of, an organized and approved training education experience underqualified instruction. 5. College level education is accepted in drinking water related disciplines upon approval of the Secretary to the Commission as to CEU credits (1 quarter credit hour will equal 1.0 CEU or 1 semester credit hour will equal 1.5 CEUs). 6. All CEUs for certificate renewal shall be subject to review for approval to insure that thetraining is applicable to waterworks operation and meets CEU criteria. Identification of approved training, appropriate CEU or credit assignment and verification of successful R309-300 Certification Rules For Water Supply Operators Page 12 of 18 completion is the responsibility of the Secretary to the Commission. Training records will be maintained by the Division of Drinking Water. 7. All in-house or in-plant training which is intended to meet any part of the CEU requirements must be approved by the Secretary to the Commission in writing prior to the training. 8. In-house or in-plant training submitted to the Secretary of the Commission must meet the following general criteria to be approved: (a) Instruction must be under the supervision of an approved instructor. (b) An outline must be submitted of the subjects to be covered and the time to be allotted to each area. (c) A list of the teacher's objectives shall be submitted which will document the essential points of the instruction ("need-to-know" information) and the methods used to illustrate these principles. 9. One CEU credit will be given for registration and attendance at the annual technical program meeting of the American Water Works Association (AWWA), the Intermountain Section of AWWA, the Rural Water Association of Utah, or the National Rural Water Association. R309-300-15. Validation of Previously Issued Certificates. 1. All current certificates issued by the Director will remain in effect until their stated date of expiration and may be renewed at any time before this date in accordance with the rules established herein. Certificates will be issued for a three-year period. 2. Those individuals who were issued Grandparent Certificates and subsequently passed an examination within the same discipline, at the same grade, or a higher grade will be issued a new unrestricted certificate which will nullify the existing "Grandparent " certificate. R309-300-16. Operator Certification Commission. 1. An Operator Certification Commission shall be appointed by the Director from recommendations made by the cooperating agencies. Cooperating agencies are the Utah Department of Environmental Quality, the Utah League of Cities and Towns, the Training Coordinating Committee of Utah, the Intermountain Section of the American Water Works Association, the Civil or Environmental Engineering Departments of Utah's Universities, and the Rural Water Association of Utah. R309-300 Certification Rules For Water Supply Operators Page 13 of 18 2.The Commission is charged with the responsibility of conducting all work necessary to promote the program, recommend certification of operators, and oversee the maintenance of records. 3. The Commission shall consist of seven members as follows: (a) One member shall be a certified operator from a town having a population under 10,000 and will be nominated by the Rural Water Association of Utah. (b) One member shall be at least a grade III unrestricted certified distribution operator and will be nominated by the American Water Works Association. (c) One member shall be at least a grade III unrestricted certified water treatment plantoperator and will be nominated by the American Water Works Association. (d) One member shall represent municipal water supply management and will be nominated by the Utah League of Cities and Towns. (e) One member shall represent the civil or environmental engineering department of a Utah university cooperating with the certification program. (f) One member shall represent water supply trainers and will be nominated by the Training Coordinating Committee (TCC). (g) One member shall be a representative for the Division of Drinking Water. 4. Each group represented shall designate its nominee to the Director for a three-year term. Nominations may be accepted or rejected by the Director. Persons may be renominated forsuccessive three-year terms by their sponsor groups. The Director shall notify the sponsoring groups one year in advance of the termination of the Commission member that a nominee will be needed. An appointment to succeed a Commission member who is unable to serve his full term shall be only for the remainder of the unexpired term and shall be submitted by the sponsor groups and approved by the Director as mentioned above. 5. Each year the Commission shall elect from its membership a chairperson and vice-chairperson and such other officers as may be needed to conduct its business. 6. It shall be the duty of the Commission to advise in the preparation of examinations for various grades of operators and advise on the certification criteria used by the Secretary. In addition to these duties, the Commission shall also advertise and promote the program,distribute applications and notices, maintain a register of certified Operators, set examination dates and locations, and make recommendations regarding each drinking water system's compliance with these rules. R309-300 Certification Rules For Water Supply Operators Page 14 of 18 R309-300-17. Secretary to the Commission. The Director shall designate a non-voting member of the Commission to serve as its Secretary, who shall be a senior public health representative from the Division of Drinking Water. This Secretary shall serve to coordinate the paperwork for the Commission and to bring issues before the Commission. His duties consist of the following: 1. acting as liaison between the Commission and the water suppliers, and generally promote the program; 2. maintaining records necessary to implement these rules; 3. classifying all water treatment plants and distribution systems in accordance with R309-300-19; 4. notifying sponsor groups of Commission nominations needed; 5. coordinating with Utah's Training Coordinating Committee (TCC) to ensure adequate operator training opportunities throughout the state; 6. serving as a source of public information for operator training opportunities and certified operators available for employment; 7. receiving applications for certification and screen, investigate, verify and evaluate all applications; 8. bringing issues to the Commission for their review; 9. developing and administering operator certification examinations. R309-300-18. Non-compliance with Certification Program. 1. After appropriate consideration by the Commission, cases of non-compliance will be referred to the Director for appropriate enforcement action. 2. Non-compliance with the certification rules is a violation of R309-102-8. Whenever such a violation occurs, the water system management will be notified in writing by the Division of Drinking Water and will be required to correct the situation. R309-300-19. Drinking Water System Classification. This system applies only to those public water supplies operating coagulation and/or filtration treatment plants. This classification system does not apply to those systems operating only chlorination facilities on distribution systems. R309-300 Certification Rules For Water Supply Operators Page 15 of 18 TABLE 2 ITEM POINTS SIZE Maximum population served, peak day 1 pt. per 5,000 or part thereof Design flow (avg. day) or peak month’s 1 pt. per MGD or part thereof WATER SUPPLY SOURCES Groundwater 3 Surface water 5 Average raw water quality (0-10) Little or no variation 0 Raw water quality (other than turbidity) varies enough to require treatment changes less than 10% of the time 2 Raw water quality including turbidity varies often enough to require frequent changes in the treatment process 5 Raw water quality is subject to major changes and may be subject to periodic serious pollution 10 TREATMENT Aeration for or with CO2 2 pH adjustment 4 Packed tower aeration 6 Stability or corrosion control 4 Taste and odor control 8 Color control 4 Iron or Iron/Mn, removal 10 Ion exchange softening 10 Chemical precipitation Softening 20 Coagulant addition 4 Flocculation 6 Sedimentation 5 Upflow clarification 14 R309-300 Certification Rules For Water Supply Operators Page 16 of 18 Filtration 10 Disinfection (0-10) No disinfection 0 Chlorination or comparable 5 On-site generation of disinfectant 5 Special processes (including reverse osmosis, electrodialysis, etc. 15 Sludge/backwash waterdisposal (0-5) No disposal to raw water source 0 Any disposal to raw water source 2 Any disposal to plant raw water 5 LABORATORY Laboratory control, Biological (0-10) All lab work done outside of plant 0 Colilert process 2 Membrane filter 3 Multiple tube of fecal determination 5 Biological identification 7 Viral studies or similarly complex work done on-site 10 Laboratory control, Chemical/physical (0-10) All lab work done outside of plant 0 Push button or colorimetric methods such as chlorine residual or pH 3 Additional procedures such as titrations or jar tests 5 More advanced determinations such as numerous organics 7 Highly sophisticated instrumentation such as atomic absorption or gas chromatography 10 TABLE 3 SUMMARY OF UTAH WATER UTILITY CLASSIFICATION SYSTEM WATER TREATMENT PLANT CLASSIFICATION GRADE 1 2 3 4 R309-300 Certification Rules For Water Supply Operators Page 17 of 18 Population Served 1500 or less 1501 to 5000 5001 to 15,000 Over 15,000 Plant Points 0 – 40 41 - 65 66 - 90 91 - Up TABLE 4 SUMMARY OF UTAH WATER UTILITY CLASSIFICATION SYSTEM DISTRIBUTION CLASSIFICATION GRADE SMALL SYSTEM 1 2 3 4 Population Served 500 or less 501 to 1500 1501 to 5000 5001 to 15,000 Over 15,000 Distribution Points 0 - 10 0 - 10 10 - 25 26 – 50 51 - Up Distribution systems are those which use groundwater sources (springs and wells) and which may or may not use chlorination. Classification will generally be made in accordance with the following five classes. The Commission may change the classification of a particular distribution system when there are unusual factors affecting the complexity of transmission, mixing of sources, or potential health hazards TABLE 5 MINIMUM REQUIRED QUALIFICATIONS FOR UTAH WATERWORKS OPERATORS EDUCATION EXPERIENCE Certification Grade (Both Dist and Treatment) Degree Associate Degree High School Non High School Direct Responsible Charge Years Total Years 4 X 2 4 4 X 2 6 4 X 4 8 4 X 5 10 R309-300 Certification Rules For Water Supply Operators Page 18 of 18 3 X 1 2 3 X 1 2 3 X 2 4 3 X 3 6 2 X 0 2 2 X 0 2 2 X 0 2 2 X 0 3 1 and Small Systems X 0 1 1 and Small Systems X 0 1 1 and Small Systems X 0 1 1 and Small Systems X 0 1 Note:(1) Experience requirements apply to all operators except those who have been issued "grandparent" certificates.(2) At least one half of all experience must be gained at the grade of certification desired. KEY: drinking water, environmental protection, administrative procedures Date of Enactment or Last Substantive Amendment: 2017 Notice of Continuation: March 13, 2015 Authorizing, and Implemented or Interpreted Law: 19-4-104; 63G-3 APPENDIX C Utah Administrative Code Title 19 Environmental Quality Code Chapter 4 Safe Drinking Water Act Utah Code Page 1 Chapter 4 Safe Drinking Water Act 19-4-101 Short title. This chapter is known as the "Safe Drinking Water Act." Renumbered and Amended by Chapter 112, 1991 General Session 19-4-102 Definitions. As used in this chapter: (1) "Board" means the Drinking Water Board appointed under Section 19-4-103. (2) "Community water system" means a public water system that serves residents year-round. (3) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water. (4) "Director" means the director of the Division of Drinking Water. (5) "Division" means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). (6) (a) "Groundwater source" means an underground opening from or through which groundwater flows or is pumped from a subsurface water-bearing formation. (b) "Groundwater source" includes: (i) a well; (ii) a spring; (iii) a tunnel; or (iv) an adit. (7) "Maximum contaminant level" means the maximum permissible level of a contaminant in water that is delivered to a user of a public water system. (8) (a) "Public water system" means a system providing water for human consumption and other domestic uses that: (i) has at least 15 service connections; or (ii) serves an average of 25 individuals daily for at least 60 days of the year. (b) "Public water system" includes: (i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and (ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. (9) "Retail water supplier" means a person that: (a) supplies water for human consumption and other domestic uses to an end user; and (b) has more than 500 service connections. (10) "Supplier" means a person who owns or operates a public water system. (11) "Wholesale water supplier" means a person that provides most of that person's water to a retail water supplier. Repealed and Re-enacted by Chapter 5, 2018 Special Session 2 19-4-103 Drinking Water Board -- Members -- Organization -- Meetings -- Per diem and expenses. Utah Code Page 2 (1) The board consists of the following nine members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting members: (i) the executive director; or (ii) an employee of the department designated by the executive director; and (b) the following eight voting members, who shall be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies: (i) one representative who is a Utah-licensed professional engineer with expertise in civil or sanitary engineering; (ii) two representatives who are elected officials from a municipal government that is involved in the management or operation of a public water system; (iii) one representative from an improvement district, a water conservancy district, or a metropolitan water district; (iv) one representative from an entity that manages or operates a public water system; (v) one representative from: (A) the state water research community; or (B) an institution of higher education that has comparable expertise in water research to the state water research community; (vi) one representative from the public who represents: (A) an environmental nongovernmental organization; or (B) a nongovernmental organization that represents community interests and does not represent industry interests; and (vii) one representative from the public who is trained and experienced in public health. (2) A member of the board shall: (a) be knowledgeable about drinking water and public water systems, as evidenced by a professional degree, a professional accreditation, or documented experience; (b) represent different geographical areas within the state insofar as practicable; (c) be a resident of Utah; (d) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); and (e) comply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (3) No more than five appointed members of the board shall be from the same political party. (4) (a) As terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is appointed before May 1, 2013, shall expire on April 30, 2013. (ii) On May 1, 2013, the governor shall appoint or reappoint board members in accordance with this section. (5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. Utah Code Page 3 (6) Each member holds office until the expiration of the member's term, and until a successor is appointed, but not for more than 90 days after the expiration of the term. (7) The board shall elect annually a chair and a vice chair from its members. (8) (a) The board shall meet at least quarterly. (b) Special meetings may be called by the chair upon the chair's own initiative, upon the request of the director, or upon the request of three members of the board. (c) Reasonable notice shall be given to each member of the board before any meeting. (9) Five members constitute a quorum at any meeting and the action of the majority of the members present is the action of the board. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. Amended by Chapter 352, 2020 General Session Amended by Chapter 373, 2020 General Session 19-4-104 Powers of board. (1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) establishing standards that prescribe the maximum contaminant levels in a public water system and provide for monitoring, record-keeping, and reporting of water quality related matters; (ii) governing design, construction, operation, and maintenance of public water systems; (iii) granting variances and exemptions to the requirements established under this chapter that are not less stringent than those allowed under federal law; (iv) protecting watersheds and water sources used for public water systems; (v) governing capacity development in compliance with Section 1420 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and (vi) for a community water system failing to comply with the reporting requirements under Subsections (1)(c)(iv) and (v): (A) establishing fines and penalties, including posting on the division's web page those community water systems that fail to comply with the reporting requirements; and (B) allowing a community water system, in lieu of penalties established under Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the director that requires compliance and establishes a compliance schedule approved by the director. (b) The board may: (i) hold a hearing that is not an adjudicative proceeding relating to an aspect of, or matter in, the administration of this chapter; (ii) appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding; (iii) recommend that the director: (A) issue an order necessary to enforce this chapter; (B) enforce an order by appropriate administrative and judicial proceedings; (C) institute a judicial proceeding to secure compliance with this chapter; or Utah Code Page 4 (D) advise, consult, contract, and cooperate with another agency of the state, a local government, an industry, another state, an interstate or interlocal agency, the federal government, or an interested person; or (iv) request and accept financial assistance from other public agencies, private entities, and the federal government to carry out the purposes of this chapter. (c) The board shall: (i) require the submission to the director of plans and specifications for construction of, substantial addition to, or alteration of public water systems for review and approval by the director before that action begins and require any modifications or impose any conditions that may be necessary to carry out the purposes of this chapter; (ii) advise, consult, cooperate with, provide technical assistance to, and enter into agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies, municipalities, local health departments, educational institutions, and others necessary to carry out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of local jurisdictions; (iii) develop and implement an emergency plan to protect the public when declining drinking water quality or quantity creates a serious health risk and issue emergency orders if a health risk is imminent; (iv) require a community water system serving a population of 500 or more to annually collect accurate water use data, described in Subsection (7), and annually report that data to the Division of Water Rights; (v) require a certified operator, or a professional engineer performing the duties of a certified water operator, to verify by certification or license number the accuracy of water use data reported by a public water system, including the data required from a community water system under Subsection (1)(c)(iv); (vi) meet the requirements of federal law related or pertaining to drinking water; and (vii) to ensure compliance with applicable statutes and rules: (A) review a settlement negotiated by the director in accordance with Subsection 19-4-109(3) that requires a civil penalty equal to or greater than $25,000; and (B) approve or disapprove the settlement described in Subsection (1)(c)(vii)(A). (2) (a) The board may adopt standards and establish fees for certification of operators of a public water system. (b) The board may not require certification of operators for a water system serving a population of 800 or less except: (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and (ii) for a system that is required to treat its drinking water. (c) The certification program shall be funded from certification and renewal fees. (3) Routine extensions or repairs of existing public water systems that comply with the rules and do not alter the public water system's ability to provide an adequate supply of water are exempt from Subsection (1)(c)(i). (4) (a) The board may adopt standards and establish fees for certification of persons engaged in administering cross connection control programs or backflow prevention assembly training, repair, and maintenance testing. (b) The certification program shall be funded from certification and renewal fees. Utah Code Page 5 (5) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under this chapter: (a) a permit; (b) a license; (c) a registration; (d) a certificate; or (e) another administrative authorization made by the director. (6) A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board. (7) (a) The water use data required to be collected in Subsection (1)(c)(iv) shall include peak day source demand, average annual demand, the number of equivalent residential connections for retail service, and the quantity of non-revenue water. (b) The division may, by rule, establish: (i) other types of water use data required to be collected in addition to that listed in Subsection (7)(a); and (ii) alternative methods for calculating the water use data listed in Subsection (7)(a). Amended by Chapter 256, 2020 General Session 19-4-105 Rulemaking authority and procedure. (1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations. (2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing, and based on evidence in the record, that the corresponding federal regulation is not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the board's conclusion. Renumbered and Amended by Chapter 112, 1991 General Session 19-4-106 Director -- Appointment -- Authority. (1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: (a) develop programs to promote and protect the quality of the public drinking water supplies of the state; (b) advise, consult, and cooperate with other agencies of this and other states, the federal government, and with other groups, political subdivisions, and industries in furtherance of the purpose of this chapter; (c) review plans, specifications, and other data pertinent to proposed or expanded water supply systems to ensure proper design and construction; and (d) subject to the provisions of this chapter, enforce rules made by the board through the issuance of orders that may be subsequently revoked, which orders may require: (i) discontinuance of use of unsatisfactory sources of drinking water; Utah Code Page 6 (ii) suppliers to notify the public concerning the need to boil water; or (iii) suppliers in accordance with existing rules, to take remedial actions necessary to protect or improve an existing water system; and (e) as authorized by the board and subject to the provisions of this chapter, act as executive secretary of the board under the direction of the chair of the board. (3) The director may authorize employees or agents of the department, after reasonable notice and presentation of credentials, to enter any part of a public water system at reasonable times to inspect the facilities and water quality records required by board rules, conduct sanitary surveys, take samples, and investigate the standard of operation and service delivered by public water systems. (4) As provided in this chapter and in accordance with rules made by the board: (a) the director may issue and enforce a notice of violation and an administrative order; and (b) the director may assess and make a demand for payment of an administrative penalty arising from a violation of this chapter, a rule or order issued under the authority of this chapter, or the terms of a permit or other administrative authorization issued under the authority of this chapter. Amended by Chapter 256, 2020 General Session 19-4-107 Notice of violation -- Action by attorney general. (1) Upon discovery of any violation of this chapter or a rule of the board, the director shall promptly notify the supplier of the violation, state the nature of the violation, and issue an order requiring correction of that violation or the filing of a request for variance or exemption by a specific date. (2) The attorney general shall, upon request of the director, commence an action for an injunction or other relief relative to the order. Amended by Chapter 256, 2020 General Session 19-4-108 Supplier -- Variance or exemption -- Failure to comply -- Violation of chapter -- Public notice. When a supplier has a variance or exemption granted, has failed to comply with the terms of a variance or exemption, or has been finally determined to have committed a violation of this chapter, the supplier shall provide public notice of that fact as provided by the rules of the board. Renumbered and Amended by Chapter 112, 1991 General Session 19-4-109 Violations -- Penalties -- Reimbursement for expenses. (1) As used in this section, "criminal negligence" means the same as that term is defined in Section 76-2-103. (2) (a) A person who violates this chapter, a rule or order issued under the authority of this chapter, or the terms of a permit or other administrative authorization issued under the authority of this chapter is subject to an administrative penalty: (i) not to exceed $1,000 per day per violation, with respect to a public water system serving a population of less than 10,000 individuals; or (ii) exactly $1,000 per day per violation, with respect to a public water system serving a population of more than 10,000 individuals. (b) In all cases, each day of violation is considered a separate violation. Utah Code Page 7 (3) The director may assess and make a demand for payment of an administrative penalty under this section and may compromise or settle that penalty. (4) To make a demand for payment of an administrative penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act: (a) the date, facts, and nature of each act or omission charged; (b) the provision of the statute, rule, order, permit, or administrative authorization that is alleged to have been violated; (c) each penalty that the director proposes to assess, together with the amount and date of effect of that penalty; and (d) that failure to pay the penalty or respond may result in a civil action for collection. (5) A person notified according to Subsection (4) may request an adjudicative proceeding. (6) Upon request by the director, the attorney general may institute a civil action to collect a penalty assessed under this section. (7) (a) A person who, with criminal negligence, violates any rule or order made or issued pursuant to this chapter, or with criminal negligence fails to take corrective action required by an order, is guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each day of violation. (b) In addition, the person is subject, in a civil proceeding, to a penalty of not more than $5,000 per day for each day of violation. (8) (a) The director may bring a civil action for appropriate relief, including a permanent or temporary injunction, for a violation for which the director is authorized to issue a compliance order under Section 19-4-107. (b) The director shall bring an action under this Subsection (8) in the district court where the violation occurs. (9) (a) The attorney general is the legal advisor for the board and the director and shall defend them in an action or proceeding brought against the board or director. (b) The county attorney or district attorney, as appropriate under Section 17-18a-202 or 17-18a-203, in the county in which a cause of action arises, shall bring an action, civil or criminal, requested by the director, to abate a condition that exists in violation of, or to prosecute for the violation of, or to enforce the laws or the standards, orders, and rules of the board or the director issued under this chapter. (c) The director may initiate action under this section and be represented by the attorney general. (10) If a person fails to comply with a cease and desist order that is not subject to a stay pending administrative or judicial review, the director may initiate an action for and be entitled to injunctive relief to prevent further or continued violation of the order. (11) A bond may not be required for injunctive relief under this chapter. (12) (a) Except as provided in Subsection (12)(b), a penalty assessed and collected under the authority of this section shall be deposited into the General Fund. (b) The department may reimburse itself and local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities. (c) The department shall regulate reimbursements by making rules that define: (i) qualifying environmental enforcement activities; and (ii) qualifying extraordinary expenses. Utah Code Page 8 Amended by Chapter 256, 2020 General Session 19-4-110 Local jurisdiction over water supply systems. Nothing in this chapter alters the authority of local jurisdictions to control water supply systems within the local jurisdiction provided that any local laws, ordinances, or rules and regulations are not inconsistent with this chapter and rules made under authority of this chapter. Renumbered and Amended by Chapter 112, 1991 General Session 19-4-111 Fluoride added to or removed from water -- Election or shareholder vote required. (1) As used in this section: (a) "Corporate public water system" means a public water system that is owned by a corporation engaged in distributing water only to its shareholders. (b) "Corporation" is as defined in Section 16-4-102. (c) "Fluoride" means a chemical compound that contains the fluoride ion and is used to fluoridate drinking water, including: (i) fluorosilicic acid; (ii) sodium fluorosilicate; or (iii) sodium fluoride. (d) "Fluoride supplier" means a person who: (i) manufactures, distributes, or packages or repackages fluoride; (ii) is NSF/ANSI Standard 60 certified; (iii) has evidence of the person's NSF/ANSI Standard 60 certification displayed on the website of a certification body accredited by the International Accreditation Forum, including: (A) NSF; (B) the Underwriter Laboratory; or (C) the Water Quality Association; and (iv) provides fluoride in compliance with applicable NSF/ANSI Standard 60 certification requirements. (e) "Removal" means ceasing to add fluoride to a public water supply, the addition having been previously approved by the voters of a political subdivision. (2) (a) Except as provided in Subsection (7) or Subsection 19-4-104(1)(a)(i), public water supplies, whether state, county, municipal, or district, may not have fluoride added to or removed from the water supply without the approval of a majority of voters in an election in the area affected. (b) An election shall be held: (i) upon the filing of an initiative petition requesting the action in accordance with state law governing initiative petitions; (ii) in the case of a municipal, local district, special service district, or county water system that is functionally separate from any other water system, upon the passage of a resolution by the legislative body or local district or special service district board representing the affected voters, submitting the question to the affected voters at a municipal general election; or (iii) in a county of the first or second class, upon the passage of a resolution by the county legislative body to place an opinion question relating to all public water systems within the county, except as provided in Subsection (3), on the ballot at a general election. Utah Code Page 9 (3) If a majority of voters on an opinion question under Subsection (2)(b)(iii) approve the addition of fluoride to or the removal of fluoride from the public water supplies within the county, the local health departments shall require the addition of fluoride to or the removal of fluoride from all public water supplies within that county other than those systems: (a) that are functionally separate from any other public water systems in that county; and (b) where a majority of the voters served by the public water system voted against the addition or removal of fluoride on the opinion question under Subsection (2)(b)(iii). (4) Nothing contained in this section prohibits the addition of chlorine or other water purifying agents. (5) Any political subdivision that, prior to November 2, 1976, decided to and was adding fluoride to the drinking water is considered to have complied with Subsection (2). (6) In an election held pursuant to Subsection (2)(b)(i), (ii), or (iii), where a majority of the voters approve the addition of fluoride to or the removal of fluoride from the public water supplies, no election to consider adding fluoride to or removing fluoride from the public water supplies shall be held for a period of four years from the date of approval by the majority of voters beginning with elections held in November 2000. (7) (a) A supplier may not add fluoride to or remove fluoride from a corporate public water system unless the majority of the votes cast by the shareholders of the corporate public water system authorize the supplier to add or remove the fluoride. (b) If a corporate public water system's shareholders do not vote to add fluoride under Subsection (7)(a), the supplier shall annually provide notice to a person who receives water from the corporate public water system of the average amount of fluoride in the water. (c) A vote of the corporate public water system's shareholders under Subsection (7)(a) does not require a supplier of another public water system, including a public water system that provides water to the corporate public water system, to add fluoride to or remove fluoride from the public water system. (8) If a local health department requires a public water system to add fluoride to public drinking water supplies under Subsection (3), the public water system shall fluoridate the public drinking water supplies with fluoride manufactured, distributed, packaged, and, if applicable, repackaged by a fluoride supplier who has provided copies of the original, dated documents used to obtain and maintain NSF/ANSI Standard 60 certification to: (a) the local health department that oversees the public water system; and (b) the division. (9) A public water system described in Subsection (8) shall obtain, for each quantity of fluoride acquired to fluoridate public drinking water supplies, a batch-specific certificate of analysis that represents the complete composition of the formulation of the undiluted raw fluoride substance, in percent or parts by weight, for each chemical and contaminant in the batch. (10) A local health department shall: (a) order the temporary removal of fluoride from a public water system within the boundaries of the local health department if the public water system: (i) violates Subsection (8) or (9); or (ii) is unable to fluoridate public drinking water supplies in accordance with Subsections (8) and (9); and (b) review and maintain the certification documents submitted to the local health department under Subsection (8). (11) A public water system described in Subsection (8) shall: (a) review and maintain certificates of analysis obtained under Subsection (9); and Utah Code Page 10 (b) upon request of a member of the public, provide a copy of a certificate of analysis obtained under Subsection (9) to the member of the public. (12) A local health department may order the temporary removal of fluoride from a public water system within the boundaries of the local health department if the public water system violates a provision of Subsection (11). (13) If a local health department orders the removal of fluoride from a public water system under Subsection (10)(a) or (12), the local health department shall: (a) issue a public notice regarding the temporary removal of fluoride from the public water system; and (b) when the public water system demonstrates its ability to fluoridate in accordance with Subsections (8), (9), and (11), revoke the removal requirement. (14) The division shall review and maintain the certification documents submitted to the division under Subsection (8). Amended by Chapter 321, 2013 General Session 19-4-111.1 Provision of fluoridated water -- Request of resident. A public water system in a county of the first or second class whose entire water inventory is fluoridated may supply water to a residence or business in a municipality that is located in two counties, one that has approved fluoridation and one that has not approved fluoridation in accordance with Section 19-4-111 if: (1) the owner requests that the public water system supply water to the residence or business; (2) no reasonable alternative water supply exists; and (3) the owner's request can be fulfilled without affecting other residences or businesses in the municipality or county that has not approved fluoridation. Amended by Chapter 321, 2013 General Session 19-4-111.2 Provision of fluoridated water -- Emergency circumstances. (1) A public water system that is simultaneously supplying water to a municipality or county that approved fluoridation in accordance with Section 19-4-111 and a municipality or county that has not approved fluoridation may provide water from its fluoridated inventory to a municipality or county that has not approved fluoridation if: (a) as a result of a short-term emergency, the only water available is from the public water system's fluoridated inventory; (b) the public water system ceases providing fluoridated water to the municipality or county that has not approved fluoridation in accordance with Section 19-4-111 in a time consistent with repair times following best industrial practice; and (c) where feasible, provide prompt notice to the affected area. (2) (a) A resident of an affected area that does not wish to receive fluoridated water during an emergency may contact the public water system to have delivery of fluoridated water to their residence or business terminated. (b) The resident shall determine when to resume delivery of water and shall contact the public water system to have delivery of water resumed. Amended by Chapter 321, 2013 General Session Utah Code Page 11 19-4-112 Limit on authority of department and board to control irrigation facilities -- Precautions relating to nonpotable water systems. (1) Except as provided in this section and in Section 19-5-104, nothing contained in this chapter authorizes the department or board to: (a) exercise administrative control over water used solely for irrigation purposes, whether conveyed in pipes, ditches, canals, or by other facilities; or (b) adopt rules relating to the construction, operation, and maintenance of facilities for conveying irrigation water to the place of use. (2) Where nonpotable water is conveyed in pipelines under pressure in areas served by a potable water system, the following precautions shall be observed: (a) a distinctive coloring or other marking on all exposed portions of the nonpotable system shall be used; (b) potable and nonpotable water system service lines and extensions shall be completely separated and shall be installed in separate trenches; (c) all hydrants and sprinkling system control valves shall be operated by a removable key so that it is not possible to turn on the hydrant or valve without a key; (d) there shall be no cross connection between the potable and nonpotable water systems; (e) the nonpotable system may not be extended into any building except greenhouses or other buildings for plant and animal production; and (f) no connection in the nonpotable water system shall be made except by the persons responsible for its management. Amended by Chapter 297, 2011 General Session 19-4-113 Water source protection ordinance required. (1) (a) Before May 3, 2010, a first or second class county shall: (i) adopt an ordinance in compliance with this section after: (A) considering the rules established by the board to protect a watershed or water source used by a public water system; (B) consulting with a wholesale water supplier or retail water supplier whose drinking water source is within the county's jurisdiction; (C) considering the effect of the proposed ordinance on: (I) agriculture production within an agricultural protection area created under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas; and (II) a manufacturing, industrial, or mining operation within the county's jurisdiction; and (D) holding a public hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and (ii) file a copy of the ordinance with the board. (b) A municipality in a first or second class county may adopt an ordinance that a first or second class county is required to adopt by this section by following the procedures and requirements of this section. (2) (a) A county ordinance adopted in accordance with this section applies to the incorporated and unincorporated areas of the county unless a municipality adopts an ordinance in accordance with this section. Utah Code Page 12 (b) A municipal ordinance adopted in accordance with this section supercedes, within the municipality's jurisdiction, a county ordinance adopted in accordance with this section. (3) An ordinance required or authorized by this section at a minimum shall: (a) designate a drinking water source protection zone in accordance with Subsection (4) for a groundwater source that is: (i) used by a public water system; and (ii) located within the county's or municipality's jurisdiction; (b) contain a zoning provision regulating the storage, handling, use, or production of a hazardous or toxic substance within a drinking water source protection zone designated under Subsection (3)(a); and (c) authorize a retail water supplier or wholesale water supplier to seek enforcement of the ordinance provision required by Subsections (3)(a) and (b) in a district court located within the county or municipality if the county or municipality: (i) notifies the retail water supplier or wholesale water supplier within 10 days of receiving notice of a violation of the ordinance that the county or municipality will not seek enforcement of the ordinance; or (ii) does not seek enforcement within two days of a notice of violation of the ordinance when the violation may cause irreparable harm to the groundwater source. (4) A county shall designate a drinking water source protection zone required by Subsection (3)(a) within: (a) a 100 foot radius from the groundwater source; and (b) a 250 day groundwater time of travel to the groundwater source if the supplier calculates the time of travel in the public water system's drinking water source protection plan in accordance with board rules. (5) A zoning provision required by Subsection (3)(b) is not subject to Subsection 17-41-402(3). (6) An ordinance authorized by Section 10-8-15 supercedes an ordinance required or authorized by this section to the extent that the ordinances conflict. (7) The board shall: (a) provide information, guidelines, and technical resources to a county or municipality preparing and implementing an ordinance in accordance with this section; and (b) report to the Natural Resources, Agriculture, and Environment Interim Committee before November 30, 2010 on: (i) compliance with this section's requirement to adopt an ordinance to protect a public drinking water source; and (ii) the effectiveness of the ordinance in retaining state primacy in regulating drinking water. Amended by Chapter 173, 2009 General Session 19-4-114 Source and storage minimum sizing requirements for public water systems. (1) (a) Except as provided in Subsection (1)(b), upon submission of plans for a substantial addition to or alteration of a community water system, the director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of more than 3,300 based on at least the most recent three years of a community water system's actual water use data submitted in accordance with Subsections 19-4-104(1) (c)(iv) and (v). (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available to the division, or if the community water system determines that the data submitted does not Utah Code Page 13 represent future system use, the director may establish source and storage minimum sizing requirements for the community water system based on: (i) an engineering study submitted by the community water system and accepted by the director; or (ii) at least three years of historical water use data that is: (A) submitted by the community water system; and (B) accepted by the director. (c) A community water system serving a population of more than 3,300 shall provide the information necessary to establish the system-specific standards described in this Subsection (1) by no later than March 1, 2019. (2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b), the director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of between 500 and no more than 3,300 based on at least the most recent three years of a community water system's actual water use data submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v). (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available to the division, or if the community water system determines that the data submitted does not represent future system use, the director may establish source and storage minimum sizing requirements for the community water system based on: (i) an engineering study submitted by the community water system and accepted by the director; or (ii) at least three years of historical water use data that is: (A) submitted by the community water system; and (B) accepted by the director. (c) A community water system serving a population of between 500 and no more than 3,300 shall provide the information necessary to establish system-specific standards described in this Subsection (2) by no later than March 1, 2023. (3) The director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of fewer than 500 based on: (a) at least the most recent three years of a community water system's actual water use data submitted to the division and accepted by the director; (b) an engineering study submitted by the community water system and accepted by the director; (c) standards, comparable to those of established community water systems, as determined by the director; or (d) relevant information, as determined by the director. (4) The director shall: (a) for community water systems described in Subsection (3), establish a schedule to transition from statewide sizing standards to system-specific standards; (b) establish minimum sizing standards for public water systems that are not community water systems; (c) provide for the routine evaluation of changes to the system-specific standards; and (d) include, as part of system-specific standards, necessary fire storage capacity in accordance with the state fire code adopted under Section 15A-1-403 and as determined by the local fire code official. (5) The director may adjust system-specific sizing standards, established under this section for a public water system, based on information submitted by the public water system addressing Utah Code Page 14 the effect of any wholesale water deliveries or other system-specific conditions affecting infrastructure needs. (6) A wholesale water supplier is exempt from this section if the wholesale water supplier serves: (a) a total population of more than 10,000; and (b) a wholesale population that is 75% or more of the total population served. Amended by Chapter 256, 2020 General Session 19-4-115 Drinking water quality in schools and child care centers. (1) As used in this section: (a) "Action level" means a lead concentration equal to five parts per billion. (b) "Certified laboratory" means a laboratory certified by the Department of Health and Human Services that analyzes drinking water for lead. (c) "Child care center" means: (i) a center based child care, as defined in Section 26-39-102; or (ii) an exempt provider, as defined in Section 26-39-102. (d) "Consumable tap" means a sink or fountain used for consumption of water or food preparation. (e) "School" means a public or private: (i) elementary school or secondary school; (ii) preschool; or (iii) kindergarten. (2) (a) A school shall, and a child care center may test the school's or child care center's consumable taps for lead by no later than December 31, 2023. (b) In conducting a test under this Subsection (2), a school or child care center shall: (i) comply with current state testing guidelines for reducing lead in drinking water in schools and child care centers; and (ii) submit a sample to a certified laboratory that has entered into a memorandum of understanding with the division as described in Subsection (3). (c) Notwithstanding Subsection (2)(a), if a school or child care center has conducted a test for lead in drinking water in a consumable tap of the school or child care center on or after January 1, 2016, but before May 4, 2022, the school or child care center: (i) is not required to conduct a test under Subsection (2)(a) on the previously sampled consumable tap; (ii) if the test described in this Subsection (2)(c) finds a lead level for a consumable tap equals or exceeds the action level, shall take steps to stop the use of the consumable tap or to reduce the lead level below the action level as described in Subsection (5); and (iii) by no later than the end of the time period established under Subsection (4)(c), shall report to the division: (A) the findings of the test described in this Subsection (2)(c); and (B) any steps taken under Subsection (2)(c)(ii). (3) (a) The division shall enter into a memorandum of understanding with one or more certified laboratories under which the division pays the costs of testing a sample submitted by a school or child care center in accordance with Subsection (2). (b) Subject to appropriations, the division shall pay the costs of testing in the order that a sample is submitted to the certified laboratory. Utah Code Page 15 (c) A certified laboratory shall report test results for a sample submitted in accordance with Subsection (2) to: (i) the school or child care center that submitted the sample; and (ii) the division. (4) (a) If after paying the costs of testing under Subsection (3) there remains money appropriated under this section, the division may issue grants to schools and child care centers for costs associated with taking action under Subsection (5). (b) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) to establish a procedure for a school or child care center applying for a grant under Subsection (4)(a); and (ii) for what constitutes steps to reduce the lead level below the action level as described in Subsection (5). (c) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the time period to take steps to reduce the lead level below the action level as described in Subsection (5). (5) If a test result of a consumable tap under Subsection (2) results in a lead level that equals or exceeds the action level, the school or child care center shall: (a) within the time period established under Subsection (4)(c) take steps to stop the use of the consumable tap or to reduce the lead level below the action level; and (b) report the steps taken under Subsection (5)(a) to the division within 30 days after taking the steps. (6) After the time period established under Subsection (4)(c) has ended, the division shall post on a public website for at least five years from the day on which the division receives the information: (a) the test results for a test taken under Subsection (2); and (b) the steps taken as required under Subsection (5). Enacted by Chapter 194, 2022 General Session APPENDIX D Sample Operator Record Utah’s WaterLink Database