This document from the Division of Drinking Water outlines criteria for public water systems and provides guidance to water system owners and operators. It discusses the federal definition of a public water system, categories of water systems, population estimates, permitting processes, and responsibilities for infrastructure associated with master meters and bulk water connections. The document seeks input on regulatory approaches to existing and future bulk meters to clarify responsibilities and protect public health.

1. Public Water System Identification
October 29, 2018

2. Division of Drinking Water
PWS Federal Definition
2
• Criteria to be regulated:
• > 25 people
• > 15 connections
(practically 8)
• > 60 days/year
• Human consumption
or domestic use
• Rotating
population
Campgrounds
, Restaurants,
etc.
Transient Non-Community
Same
population,
not primary
residence
Schools
Factories, etc.
Non-Transient Non-Community
Residential
population
Cities, Towns,
Service
Districts
Community
Non-Transient Non-
Community
8%
Transient
46%
Community < 500
22%
Community between
500 - 10,000
18%
Community > 10,000
6%
Community
46%

3. Division of Drinking Water
Longstanding Existing Liability
3
• What happens when infrastructure fails
behind a master meter?
• What happens if there is a waterborne
outbreak behind a master meter?
• DDW has authority over PWSs only, can
not enforce action by property owners or
developers
• Attorney General guidance on “defendable
actions”

4. Division of Drinking Water
Contiguous Development
4
• Regardless of phased construction or
occupancy
• Same ownership
• Summed connections & population

5. Division of Drinking Water
Guidance on Determining
Population
5
• 3.16 people per connection (From 2010 Census)
• 6-8 persons per campsite?

6. Division of Drinking Water
State Authority Over Federal PWS
6
Acknowledges state
authority over
federal agencies as
specified in the
Federal Safe
Drinking Water Act
(SDWA)
Bureau of Indian Affairs
Bureau of Land Management/
Wilderness
Bureau of Reclamation
Department of Defense
(includes Army Corps of Engineers lakes
Fish & Wildlife Service /
Wilderness
Forest Service / Wilderness
National Park Service / Wilderness

7. Division of Drinking Water
Designated Owner/Operator
7
• Must designate a person (or corporation)
who accepts responsibility
• Cannot relinquish without new designated
person

8. Division of Drinking Water
Federal Off Ramps
8
•No source – purchase only
•Less than 500 ft of distribution size pipe
•No significant treatment or storage
•Does not sell
•Crosses state lines
(airlines)

9. Division of Drinking Water
Permit By Rule
9
• Meet PWS definition
• Low inherent risk
• Deemed to be in
compliance unless determined otherwise
• May be revoked at any time
• May be applied for, if not automatic or
has been previously revoked

10. Division of Drinking Water
Automatic Permit By Rule Status
10
• Examples:
• No source – receives all from an existing
approved PWS
•Less than 500 ft of distribution size pipe
•No storage (exempts fire storage) or treatment
that alters physical or chemical properties
•Regulated by the Department of Agriculture
(drink dispensers)
•Single building constructed to plumbing code

11. Division of Drinking Water
Prospective PWS
11
• “Reasonably anticipated to qualify as a PWS” at build-
out will now be regulated as a PWS for:
•Source approval
•Infrastructure plan approval
•Capacity reviews
•Sanitary surveys as needed
•No sampling
• Required to self-report to DDW
• Land use authority should not issue building permits
without documentation of existence with DDW

12. Division of Drinking Water
Future Bulk Meters
12
• PWS supplying water accepts all responsibility
for infrastructure behind bulk meter unless:
•Receiving system not a PWS by definition
•Receiving system is permitted by rule
•Receiving system is an independent,
regulated PWS
Implementation Date?

13. Division of Drinking Water
Terminus Determination of
Existing Bulk Meters
13
• Residential meter
• Property line
• At Director’s discretion considering:
•Legal agreements
•Historical understandings
•Billing practices
•Public health protection

14. Division of Drinking Water
What’s Next?
14
Existing Bulk Meters
• Continue to live with the
existing liability for historic
bulk meter installations, or
• Identify all existing master
meters and establish
contracts if necessary
Future Bulk Meters
• Continue to allow future bulk
meter installation and accept
infrastructure as part of your
own system (recommend
requiring construction to
your standards), or
• Identify who is responsible
as an independent PWS
Participate in the pre-rule making process

15. 15
Comments or Questions
Contact Colt Smith
Mobile:(435) 610-1104 (call/text)
Office:(801) 536-4155
acsmith@utah.gov
Open Discussion

16. Division of Drinking Water
Reminders
16
New Water Use Data
Reporting Requirements
New System-Specific
Sizing Standard
Determination
• Due March 1, 2019
• Guidance can be
found on DDW
website:
deq.utah.gov/division-
drinking-water