R309. Environmental Quality, Drinking Water.R309-400. Improvement Priority System and Public Water System Ratings.
R309-400-1. Purpose.
(1) The purpose of this rule is to establish the Improvement Priority System (IPS) used by the Division to assign compliance ratings to public water systems and to prioritize enforcement action based on points assessed for noncompliance with drinking water rules.
(2) IPS program is used by the Division to evaluate public water system compliance with Title R309 and to prioritize noncompliance for enforcement action. Under IPS, the Division assesses points for noncompliance or public health risk and assigns ratings to public water systems. This rule directly correlates with the EPA's Enforcement Targeting Tool (ETT), as outlined in the EPA Enforcement Response Policy (2009), and is used nationally to identify systems with the most serious or persistent violations. State primacy agencies are required to maintain an enforcement program consistent with federal guidance under the Safe Drinking Water Act, 42 U.S.C Sec 300g-2(a)(1), and implementing regulations at 40 CFR 142.10(b)(2) (January 11, 2006), which requires states to adopt and enforce regulations at least as stringent as federal requirements. Utah's rule is not more stringent than federal regulations, but it fulfills this primacy requirement by providing a state-level framework to ensure enforcement is consistent with the federal program. IPS is also used to track compliance across each Division rule, aligning Utah's enforcement priorities with EPA's national strategy to protect public health.
R309-400-2. Authority.
This rule is promulgated by the Board as authorized by Section 19-4-104 and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
R309-400-3. Definitions.
(1) "Improvement Priority System (IPS)" is a point system used by the Division to evaluate a public water system's performance and compliance with the drinking water rules in Title R309.
(2) "Public Water System Rating" is assigned to a public water system by the director to characterize the water system's compliance with drinking water rules and overall operation and performance.
R309-400-4. Assessment of Points.
(1) The Division will assess points based on noncompliance with Title R309, noncompliance with a directive or order issued by the director, or operational practices or performance that may result in a threat to public health.
(2) Table 1 of this rule contains a table specifying the number of points associated with each instance of noncompliance with a drinking water rule requirement and noncompliance with a directive or order issued by the director.
(3) Table 2 of this rule contains a table specifying the number of points associated with each instance of noncompliance with a drinking water rule requirement when a violation is issued.
(4) The points assessed for each category of health threat are as follows:
(a) Recommendations, with little to no risk to public health - 0;
(b) Low health risk - 5 points;
(c) Minor potential to cause harm - 15 points;
(d) Moderate potential to cause harm - 25 points;
(e) Serious potential to cause harm - 50 points;
(f) Critical risk to public health - 100 points; and
(g) Imminent health threat - 200 Points.
(5) The Division may remove points when a water system submits written documentation of correction of a deficiency or violation with supporting evidence or when the noncompliance is resolved. In some cases, a site inspection by the Division staff may be required.
R309-400-5. Quality, Monitoring, and Public Notification Violations.
(1) Bacteriologic violations are points assessed to public water systems based on violations of the quality standards in Subsection R309-200-5(6), the monitoring requirements in Rule R309-211, and the associated public notification requirements in Rule R309-220.
(a) The bacteriological assessments shall be updated on a monthly basis.
(b) Points for bacteriologic violations will reflect the most recent 12-months of operation.
(2) Chemical violations are points assessed to public water systems based on violations of the quality standards in Section R309-200-5, the monitoring requirements in Rules R309-205, R309-210, and R309-215, and the associated public notification requirements in Rule R309-220.
(a) The chemical assessments shall be updated on a quarterly basis, with the total number of points reflecting the most recent compliance period unless otherwise specified.
(b) Points for any chemical MCL violation shall remain on record until the quality issue is resolved.
(c) Points for any monitoring violation shall be deleted as the required chemical samples are taken and the analytical results are reported to the director.
(3) Surface water treatment violations are points assessed to a public water system operating a surface water treatment plant or water type designation of surface water, purchased surface water, or groundwater under the influence of surface water
