Section R309-800-6 - Requirements for New Community and New Non-transient, Non-community Water Systems(1) Each proposed, new water system must demonstrate that it has adequate technical, managerial, and financial capacity before it may provide water for human consumption. These water systems shall submit the following for Capacity Assessment Review. (a) Project Notification form, available on the Division's website.(b) A business plan, which includes a facilities plan, management plan, financial plan, and an asset management plan.(i) Facilities plan. The facilities plan shall describe the scope of the water services to be provided and shall include the following. (A) A description of the nature and extent of the area to be served and provisions for extending the water supply system to include additional area. The description shall include population and land use projections and forecasts of water usage.(B) An assessment of current and expected drinking water compliance based on monitoring data from the proposed water source.(C) A description of the alternatives considered, including interconnections with other existing water systems, and the reasons for selecting the method of providing water service. This description shall include the technical, managerial, financial, and operational reasons for the selected method.(D) An engineering description of the facilities to be constructed, including construction and future phases, and plans for expansion. This description shall include an estimate of the full cost of any required construction, operation, and maintenance.(ii) Management plan. The management plan shall describe what is needed to provide for effective management and operation of the system, and shall include the following: (A) Documentation that the water system has the legal right and authority to take the measures necessary for the construction, operation, and maintenance of the system. The documentation shall include evidence of ownership.(B) An operating plan that describes the tasks to be performed in managing and operating the system. The operating plan shall consist of administrative and management organization charts, plans for staffing the system with certified operators, and provisions for an operations and maintenance manual.(C) Documentation of credentials of management and operations personnel, cooperative agreements, or service contracts including demonstration of compliance with Rule R309-300 water system operator certification rule.(iii) Financial plan. The financial plan shall describe the water system's expected revenues, cash flow, and issuance and repayment of debt for meeting the costs of construction, and the estimated costs of operation and maintenance for at least five years from the date the water system expects to begin operation.(iv) Asset Management Plan. The asset management plan shall include all the elements described in Subsection R309-800-5(3).(c) After the information required in this section has been submitted by the water system and is deemed complete, the Division shall conduct a Capacity Assessment Review. The water system shall be notified in writing whether or not the new system has demonstrated adequate capacity. No new community or non-transient, non-community system will be approved if it lacks adequate capacity.(d) Water systems constructed without approval shall be subject to points as specified in Rule R309-400, and administrative or civil penalties and fines.Utah Admin. Code R309-800-6
Adopted by Utah State Bulletin Number 2023-11, effective 5/22/2023