H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Environmental Quality, Tim Davis, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Russell Seeley, PE, Acting Director
R309. Environmental Quality, Drinking Water.
R309-400. Improvement Priority System and Public Water System Ratings.
(1) The purpose of this rule is to establish the Improvement Priority System 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. (1) This rule is promulgated by the Drinking Water Board as authorized by Title 19, Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104, of the Utah Code and in accordance with 63G, Chapter 3 of the same, known as the Administrative Rulemaking Act. (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 309, Environmental Quality, Drinking Water. (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. Improvement Priority System -- Assessment of Points. (a) maintain and make public an improvement priority system (IPS) program that includes: (i) 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, and (ii) the point thresholds for assigning an Approved or Not Approved rating to each type of public water system; and (b) obtain approval from the Drinking Water Board for substantive revisions to the IPS program. (2) The division incorporates by reference the IPS program dated August 27, 2019. (3) Implementation of the IPS program approved by Drinking Water Board starts on January 1, 2020. (4) The director may assess points to a public water system and take enforcement action in accordance with the implementation policy and the table of points based on: (a) noncompliance with Title R309 of the Utah Administrative Code; (b) noncompliance with a directive or order issued by the director; or (c) operational practices or performance that may result in a threat to public health. R309-400-5. Public Water System Ratings. (1) The director may assign a rating to a public water system of: (a) Approved based on the total number of points assessed for noncompliance; (b) Not Approved based on: (i) the total number of points assessed for noncompliance, or (ii) an immediate public health threat; or (c) Corrective Action based on a current, written agreement with the division to resolve underlying noncompliance according to a compliance schedule. (2) A public water system shall maintain an Approved rating. Failure to report E. coli positive sample within 24 hours Failure to submit a complete LSLI Failure to submit updated SLI Failure to submit baseline inventory Failure to submit certificate of delivery for PN Failure to submit initial monitoring for PFAS data Failure to notify the state following a MCL violation for PFAS or failure to submit compliance monitoring data Failure to conduct initial monitoring for lead and copper Failure to conduct routine lead and copper monitoring Failure to collect the specified amount of required lead and copper samples Failure to monitor for water quality parameters Failure to provide optimal corrosion control treatment recommendation Failure to install optimal corrosion control treatment Water quality parameter excursion Failure to submit RTCR Sample Site Plan Failure to submit replacement form Failure to provide public education for lead and copper Failure to provide consumer notice for lead and copper samples Failure to submit CCR Report 7000 Consumer Confidence Rule Failure to submit a timely or adequate CCR distribution certification 7000 Consumer Confidence Rule Failure to notify wholesale system of total coliform-positive sample Failure to provide tier three public notice Failure to provide tier two public notice Failure to provide tier one public notice Failure to provide tier one public notice following a lead action level exceedance Failure to take required repeat samples within 24 hours Failure to collect any of the required samples in accordance with a monitoring schedule. Applied for analytes that do not have primary MCLs in Rule R309-200 Failure to collect the specified amount of required samples in accordance with a monitoring schedule. Applied for analytes that do not have primary MCLs in Rule R309-200 Failure to provide public notice for enforcement orders 7600 Public Notice for IPS KEY: drinking water, environmental protection, water system rating, penalties
Date of Last Change: 2026[November 8, 2019] Notice of Continuation: February 10, 2025
Authorizing, and Implemented or Interpreted Law: 19-4-104
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