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. See Utah Code 19-4-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102
Wholesale water supplier: means a person that provides most of that person's water to a retail water supplier. See Utah Code 19-4-102
(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 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 the effect of any wholesale water deliveries or other system-specific conditions affecting infrastructure needs.
(6)
Except as provided for under Subsection (7), 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.
(7)
Upon request of a wholesale water supplier and the community water systems receiving water from the wholesale water supplier, the director may establish regional source and storage minimum sizing standards for community water systems receiving water from the wholesale water supplier using actual water use data submitted by the wholesale water supplier and the community water systems served by the wholesale water supplier.
(8)
The director may adjust system-specific sizing standards established under this section for a public water system based on adopted enforceable water conservation measures that are consistent with regional water conservation goals adopted pursuant to Subsection 73-10-32(2)(d)(ii)(A) or (B).
