DDW-2024-005992

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Tim Davis
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
September 27, 2023

Utah Department of Natural Resources − Division of Parks and Recreation
ATTN: Jonathan Hunt
Soldier Hollow State Park Campground
PO BOX 10
Midway, UT 84049

Subject: Initial Order for New Public Water System for Soldier Hollow State Park Campground
UTAH26103

Dear Jonathan Hunt:

According to available information, it has come to the attention of the Utah Division of Drinking Water
(the “Division”) that the Utah Department of Natural Resources − Division of Parks and Recreation, a Utah
governmental entity, is the owner and/or operator of a public water system (PWS) as explained in the Utah
Safe Drinking Water Act and the Utah Public Drinking Water Rules in R309-100-4. As a result, the
Director of the Division of Drinking Water is required by law to initiate a formal administrative process to
recognize the system as a new public water system and to ensure that it complies with both state and
federal drinking water regulations. As part of that process, I have attached an Initial Order for New Public
Water System explaining the requirements for the system.

The Division understands that compliance with state and federal legal requirements can involve significant
administrative and financial burdens for public drinking water systems, especially new systems. Those
regulations are designed to ensure that public water systems are able to provide safe and reliable drinking
water to the people they serve. Coming into compliance with state and federal regulations can require time
and resources. Utah’s public water systems, including your system, provide essential services that directly
impact human health and welfare.

The attached Order includes contact information for Division staff with expertise in the rules and
regulations that apply to public water systems. Containers for samples are available from all certified
laboratories. While the Division cannot recommend a specific laboratory, we have enclosed a list of
certified laboratories that perform water testing.

In all correspondence with our office and the laboratories, please indicate the public water system number.
The number for your water system is UTAH26103. Clearly mark the system number on all samples.
Enclosed is the inventory list for your system. Please carefully review this report and return it to our office
with any corrections.

Enclosed is also a copy of your Improvement Priority System (IPS) Report. IPS points are used to rate and
track a water system’s compliance with state and federal drinking water regulations. This report indicates
several dormant deficiencies associated with the required actions listed in the attached Order. These
Utah Department of Natural Resources − Division of Parks and Recreation
Page 2 of 2

dormant deficiencies serve as a tracking tool and reminder; they do not affect the water system’s points or
rating unless the due date for the required task has expired. The dormant deficiencies are removed from our
database when the PWS completes the required tasks and notifies the Division.

The Division has online tools to help manage your water system, including:

● Waterlink.utah.gov: WaterLink is an online tool that allows public water systems to access
current system information, including the system’s inventory, monitoring schedules, IPS
Report, operator records, and the system’s Bacteriological record for the last 12 months. To get
full use of these tools, you will need to create a Waterlink portal account. You can do this by
navigating to the Public/Portals menu on the top right side of the waterlink.utah.gov home
page and selecting the Portal. For help creating a WaterLink Portal account please contact Mz.
(Tammie) Allen at [phone] or [e-mail]

● Eqedocs.deq.utah.gov: Each water system’s public records are available here. These records
may include previous monitoring results, Division correspondence, former Consumer
Confidence Reports, and other documents related to the water system. Browse to your water
system listed alphabetically under “County” to see what we have on record for your system.
Please call the Division at [phone] if you have any questions.

We are here to help you through this process. If you have any questions about this Order, please contact
Colt Smith at [phone] or [e-mail]. To contest or appeal this Order, please contact Bret
Randall of the Attorney General’s office at [phone] or [e-mail] (alternatively
Elizabeth Burns of the Attorney General’s office at [phone] or [e-mail]).

Sincerely,

Tim Davis
Division of Drinking Water

Enclosures: Initial Order for New Public Water Systems
Improvement Priority System (IPS) Report
Inventory List
Total Coliform Sample Site Plan Template

cc: Terry Smith, Rural Water Association of Utah, [e-mail]
Dani Zebelean, Utah Division of Drinking Water, [e-mail]
Dwight Hill, Wasatch County Health Department, [e-mail]
Steve Latino, EPA Region 8, [e-mail]
Janet Winters, Charleston WCD (UTAH26003), [e-mail]
Tom Hallady, Utah DNR- Division of Parks and Recreation, [e-mail]
Richard Hawkins, Utah DNR- Division of Parks and Recreation, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail] -or
Elizabeth A. Burns, Assistant Attorney General, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS

1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Soldier Hollow State Park Campground, a
Utah Public Water System (UTAH26103)

INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM

Docket No. UTA26103-2023-01

This INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM (“Order”) is issued by the
Director of the Utah Division of Drinking Water (“Director”), under the Director’s legal authorities
described below. This Order is issued to the Utah Department of Natural Resources − Division of
Parks and Recreation, an agency of the State of Utah, in its capacity as the “Supplier” who is
legally responsible for the water system.
STATUTORY AND REGULATORY AUTHORITY
1. In 1974, Congress enacted the federal Safe Drinking Water Act, codified at 42 U.S.C. §
300f et seq., as amended. 42 U.S.C. § 300g-2 allows states to achieve primary enforcement
responsibility after the Environmental Protection Agency (“EPA”) has determined that the
state has adopted and can implement a state program that is no less stringent than the federal
public drinking water program (“Primacy”).
2. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah Code
§ 19-4-101, with the intent of achieving Primacy.
3. Utah Code § 19-4-104 authorizes the Utah Drinking Water Board (the “Board”), among
other things, to make rules regulating public water systems in the state of Utah. Utah Code
§ 19-4-104(1)(c)(vi) charges the Board to “meet the requirements of federal law related or
pertaining to drinking water.” The Board has promulgated the Utah Public Drinking Water
Rules, codified in Utah Administrative Code (“UAC”) R309.
4. In 1980, the EPA Administrator determined, in accordance with 40 C.F.R. § 142.11, that
the Utah public drinking water program met the federal requirements for Primacy. See 45
Fed. Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPA
Administrator has reviewed and continues to review annually, the Utah public drinking
water program to evaluate its continuing compliance with the requirements set forth in 40
C.F.R. Part 142.
5. The Board has defined public water systems under the Utah Public Drinking Water Rules,
UAC R309-110-4.
6. UAC R309-100-7 requires the Director to “assign a rating to each public water supply in
order to provide a concise indication of its condition and performance” in accordance with

R309-400. This rule is generally known as the Improvement Priority System (“IPS”) rating
system.
7. The IPS rating system “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.” UAC R309-400-3(1). Under the IPS rating
system, each public water system is assigned a rating “to characterize the water system’s
compliance with drinking water rules and overall operation and performance.” UAC R309-
400-3(2). The IPS rating system is “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.” UAC R309-400-1(1).
8. UAC R309-400-5 provides that a water system’s IPS rating shall be assigned “based on
the total number of points assessed for noncompliance,” based on a point system
established by the Board. Generally, the number of points represents the threat to the
quality of the water and thereby public health.
9. UAC R309-400-4(1)(a)(ii) sets the maximum number of points any given type of system
may have before it is rated by the Director as “Not Approved” status. For systems
exceeding the point threshold, the Director is required to issue a “Not Approved” rating.
The thresholds are as follows: (i) for community water systems, 150 points; (ii) for non-
transient, non-community water systems, 120 points; and (iii) for non-community water
systems, 100 points.
10. UAC R309-400-4 allows the Director to assess points against public water systems upon
their failure to comply with Division directives and orders.
11. UAC R309-400-5 allows the Director to rate any public water system as “Not Approved”
at any time if an immediate threat to public health exists.
12. UAC R309-400-5 provides that a public water system may qualify for a “Corrective
Action” rating for its public water system upon submission of a written agreement stating
a willingness to comply with the requirements set forth in the Rules and complying with
other requirements.
13. Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also UAC R309-100-8.
14. Utah Code § 19-4-107 provides that upon discovery of any violation of a rule or order of
the Board, the Director shall promptly notify the supplier of the violation, state the nature
of the violation, and issue an order requiring correction of that violation.
15. Utah Code § 19-4-109 provides that any person who violates the Act or a rule or order
made or issued pursuant to the Act may be subject to an administrative penalty of up to
$1,000 per day of violation or a civil penalty of up to $5,000 per day of violation.

3
FINDINGS
Based on information available to the Director, the Director makes the following Findings for
purposes of this Order:
1. The Utah Department of Natural Resources - Division of Parks and Recreation (“Supplier”)
is an agency of the State of Utah. Based on public records:

a. The agency responsible for the Supplier is the Utah Division of Parks and Recreation
with the following address: 1594 West North Temple Street #116, Salt Lake City,
Utah 84116.

2. There exists a public water system (the “System”) located at 805 West Soldier Hollow Drive
within the Soldier Hollow State Park in Wasatch County, Utah. The System is a public water
system based on the following facts:

a. Respondent owns a year-round campground consisting of an east campground and a
west campground. The east campsite consists of nine campsites, one host site, one
chalet building, and one restroom. The west campground consists of twelve
campsites, one host site, five park homes, and one public restroom. There are
approximately 150 visitors or resident capacity. Respondent serves culinary water to
the foregoing population.

b. The System has an active connection to the Utah Public System Charleston Water
Conservancy District (UTAH26003) as its sole source and serves approximately 31
connections through an independent distribution system.

c. Respondent owns and operates the System and is responsible for its maintenance and
repair.

d. On September 5, 2023, the Division issued Respondent an Operating Permit related
to the System, including approval of the use of the West Loop Campground water
lines.
e. On October 13, 2021, Respondent submitted a Supplemental Form for New Public
Drinking Water System signed and submitted by Jonathan Johansen P.E. (the
engineer of record for the system).
3. Jonathan Hunt is the Division’s administrative contact for the System.

CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the Director hereby makes the following conclusions of
law:

1. Respondent is the owner and operator of the System, which is a public drinking water system
within the meaning of the Utah Safe Drinking Water Act and the Utah Public Drinking
Water Rules.

2. Respondent is a “Supplier” within the meaning of the Utah Safe Drinking Water Act, Utah
Code § 19-4-102(10).

3. The System qualifies as a transient non-community Public Water System under the Utah
Public Drinking Water Rules.

ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED as
follows:
1. System Status: The System is hereby rated as an active but “unrated” transient non-
community water system under the Division’s water rating system rules, UAC R309-400.
A water system’s rating can only become “approved” after it obtains an Operating Permit
from the Director for the entire water system, including its drinking water sources.

2. Plan Review

a. Plan Review Files: Rules R309-500 through 550 govern the design, construction,
operation, maintenance, and plan review procedure requirements for drinking water
projects. Drinking Water Projects are defined in Rule R309-500-5(1) as any part of
the project that includes the construction of, addition to, or modification of a public
drinking water facility that may affect the quality or quantity of water delivered.

All Drinking Water Projects must have Division Plan Approval prior to construction
and Division issuance of an Operating Permit before facilities can be placed into
service. Please see our website for general information on the Plan Review process,
and the documentation required, and contact Dani Zebelean ([e-mail],
[phone]) from the Division’s Permitting Section regarding the permitting
process.

i. The System currently had the following plan review files in the Division’s
plan review database:
1. File # 12741 – Soldier Hollow State Park Campground - water
lines for the proposed campground: The West and East Loops
received Plan Approval on November 2, 2021. The West Loop
received an operating permit on August 30, 2023. The East Loop still
requires an Operating Permit after it is completed. Contact Dani
Zebelean ([e-mail], [phone]) from the Division’s
Permitting Section with any questions regarding the permitting
process.

b. Operating Permit: Respondent shall complete all of the Director’s requirements
to obtain an After-the-Fact Operating Permit on or before 18 months from the
date of issuance. The Division will assess 50 deficiency points for using unapproved
facilities and 200 deficiency points for using an unapproved water source if this
water system is in operation and does not obtain an Operating Permit for the entire
water system on or before 18 months from the date of issuance.

3. Capacity Development Evaluation

a. Drinking Water Rule R309-800 requires an assessment of a new water system’s
technical, managerial, and financial capabilities.

b. Respondent shall comply with R309-800 by documenting the System’s
capabilities using one of the methods described on the Division’s website.

i. Existing water systems should submit completed copies of the Capacity
Assessment Evaluation forms, located on the Division’s website at:
https://documents.deq.utah.gov/drinking-water/forms/DDW-2018-
003083.pdf; or

ii. New or proposed water systems shall submit a business plan as described in
UAC R309-800-5(4) for Division review and approval within one year of the
date of issuance of this Order.

Receiving approval of the capacity assessment worksheets or the business plan is a
prerequisite for issuing an Operating Permit for this water system. Please contact Michael
Grange at [phone] ([e-mail]) for assistance related to Capacity
Development/Assessment.

4. Sanitary Survey and Emergency Response

a. Sanitary Survey: Respondent shall schedule the onsite inspection/sanitary survey
on or before 365 days from the date of issuance of this order and before an
operating permit can be issued. Please contact Ryan Dearing at 801-560-8456 or
[e-mail], if you have any questions regarding the scheduling of the onsite
inspection or engineering review.

b. In the event of any situation constituting an emergency, the Supplier is required to
contact the Division within eight hours of identifying the emergency as outlined in
R309-105-18. Division personnel may be reached at all times by calling 801-560-
8456. Emergency situations include any of the following:

i. Malfunction of any disinfection or treatment facility
ii. Malfunction of any treatment plant clearwell which constitutes a turbidity
spike of 5 NTU for greater than fifteen minutes.

iii. Water discoloration for a significant number of connections that cannot be
explained by air entrainment or re-suspension of sediments normally
deposited within the distribution system.
iv. Malfunction or accident that could introduce surface water or other potential
contamination into the distribution system, e.g., cross connection, major
water break, chemical spill or overfeed, pressure loss, or natural disaster.
v. Threat of sabotage or act of vandalism to any drinking water facility.
vi. Any instance where a customer reports sickness from drinking the water and
that claim is substantiated by a doctor.

c. The supplier is advised to develop contingency plans to cope with possible
emergency situations, including earthquakes, wildfire, flooding, and other natural or
human-caused disasters.

5. Cross-Connection Control Program

Respondent shall develop a cross-connection control program for the System to prevent any
cross-contamination. There are five elements to a cross-connection control program: local
authority statement, annual public education or awareness, operator training, written
records, and ongoing enforcement. If you have any questions about the cross-connection
control program, please contact Gary Rager at [phone] ([e-mail]).

a. Respondent shall complete the local authority statement on or before 90 days from
the date of issuance.

b. Respondent shall complete the annual public education or awareness, operator
training, written records, and ongoing enforcement on or before 180 days from the
date of issuance.

6. Source Protection Program

a. Since the System’s current source is solely a consecutive connection, source
protection requirements do not apply. If any new sources are added in the future,
source protection requirements may apply at that time. Please call [phone]
and ask to speak to the source protection staff if you have questions about this
requirement.

7. Monitoring and Reporting Requirements

a. Total Coliform Monitoring

Respondent shall take at least one routine coliform bacteriological sample from
the distribution system and submit it to a certified laboratory for each calendar month
that the water system is used. The Respondent is responsible for sending a copy of
the results to our office by the 10th of the following month. In the event of a coliform
positive result, the Respondent shall take three repeat samples and a triggered source
Escherichia coli sample for each groundwater source in service at the time of the

original positive sample. For any questions regarding the Total Coliform Rule or
Groundwater Rule, contact Sitara Federico at [phone]
([e-mail]).

b. Total Coliform Sample Site Plan

Respondent shall develop a written sample site plan that identifies sampling sites
and sample collection schedules that are representative of water throughout the
distribution system. Respondent shall collect the total coliform samples
according to the written sample site plan template. Included with this Order is a
blank copy of the Total Coliform Sample Site Plan. For any questions regarding the
bacteriologic sample site plan, contact Sitara Federico at [phone]
([e-mail]).

c. Chlorination Monitoring:

i. Respondent shall take chlorine residuals from different locations
throughout the distribution system a minimum of 3 times per week, for a
total of 12 times per month, in accordance with State Rule R309-105-10-
(1)(c). The distribution system chlorine residual averages can be reported via
the online form at https://mrdl.utah.gov. Chlorine residual data are reported
quarterly and are due by the tenth day of the month following each quarter,
i.e., January 10th, April 10th, July 10th, and October 10th.

ii. All chlorine residuals shall remain detectable in the distribution system, but
shall not exceed 4.0 ppm. Please contact Luke Treutel at (385) 258 -6084
([e-mail]) for disinfection by-products (DBP) sampling
requirements.

d. Monitoring Schedule

A current monitoring schedule for the System has been enclosed. Respondent shall
become current with System total coliform monitoring and submit a sample site
plan to the Division by December 1, 2023, and DBP monitoring requirements
by December 1, 2023. Please contact Mark Berger at [phone]
([e-mail]) for general monitoring schedule questions.

GENERAL PROVISIONS

1. Upon satisfactory compliance with the requirements in the Order section, the Director may
issue a subsequent administrative order changing the status of the System to “Approved” in
accordance with UAC R309-100-7 and R309-400. Pursuant to such subsequent order, the
Director may also take other appropriate actions or impose appropriate conditions, based on
the facts presented.
2. This Order does not in any way relieve the Supplier from any other obligation imposed under
the Act or any other state, federal, or local law, rule, or regulation.

3. Nothing contained in this Order shall preclude the Director from taking actions to include
additional penalties against the Supplier for future violations of State or Federal law.
4. The Date of Issuance shall be the date that the Director signs this Order.
5. The dates set forth in the Order section may be extended in writing by the Director, in the
Director’s sole discretion, based on the Supplier’s showing of good cause. Good cause for
an extension generally means events outside of the reasonable control of the Supplier, such
as force majeure, inclement weather, contractor or supplier delays, and similar
circumstances. However, the Director expects the Supplier to employ reasonable means to
limit foreseeable causes of delay. The timeliness of the Supplier’s request for an extension
shall constitute an important factor in the Director’s evaluation.
COMPLIANCE AND PENALTY NOTICE

All violations of the Utah Safe Drinking Water Act, the Drinking Water Rules, and this Order will
be strictly enforced during the time that this Order remains in effect. The Utah Safe Drinking Water
Act, Utah Code § 19-4-109, provides that any person who violates a rule or order made o r issued
pursuant to the Act may be subject to an administrative penalty of up to $1,000 per day of violation
or, in a civil proceeding, to a civil penalty of up to $5,000 per day of violation. Under certain
circumstances of willfulness or gross negligence, a Utah district court judge may impose an
additional penalty of up to $5,000 per day of violation. Under the act, each day may be considered
a separate violation. A violator may also be subject to injunctive relief pursuant to Utah Code § 19-
4-107(2).
CONTEST AND APPEAL RIGHTS

1. This Order is effective immediately and shall become final unless contested in writing
within thirty (30) days of the date of its issuance. This Order may be contested by filing
a written Request for Agency Action in accordance with UAC R305-7. Filing a request for
a hearing or a general statement of disagreement is not sufficient under Utah Code § 63G -
4-201(3)(a) to preserve your right to contest this Order. A request for Agency Action must
include the information specified in UAC R305-7. Contest proceedings are also governed
by Utah Code Section 19-1-301. Failure to file a Request for Agency Action within the
period provided waives any right of administrative contest, reconsideration, review, or
judicial appeal. An extension is only available under UAC R305-7.
2. To contest this Order, the Supplier must respond in writing and must comply with the
applicable procedural requirements found at UAC R305-7 and with the applicable
requirements of the Utah Administrative Procedures Act, including Utah Code § 63G-4-
201(3)(a) and (b). The Supplier’s written Request for Agency Action must be filed and
served in accordance with UAC R305-7-104(5) within 30 days of the date of issuance of
this Order. For U.S. Mail delivery under UAC R305-7, the Director’s address is Director,
Division of Drinking Water, P.O. Box 144830, Salt Lake City, UT 84114-4830.

IT IS SO ORDERED.

DIVISION OF DRINKING WATER

By:__ ___________________________

Tim Davis

Director

Date:___________________________

September 27, 2023

System Name: Soldier Hollow State Park Campground
System Number: UTAH26103
Administrative Contact: Jonathan Hunt
Email: [e-mail]
Phone Number: 435-820-0343

New System Order Due Dates
Date of Issuance: September 27, 2023

Plan Review

Item 2a Operating Permit Rule Citation
Water System must get an Operating Permit for the East Loop
Campground.
R309-500-4
Action Completion Due Date
The respondent shall complete all requirements to obtain an
Operating Permit.
Within 545 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Assigned Engineer: Dani Zebelean
Phone Number: 385-278-5110
Email: [e-mail]

3. Capacity Development Evaluation
Item 3e Capacity Development Evaluation Rule Citation
R309-800
Action Completion Due Date
The respondent shall complete all requirements for their
capacity development.
Within 545 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Michael Grange
801-674-2563
[e-mail]

4. Sanitary Survey and Emergency Response
Item 4a Sanitary Survey Rule Citation
R309-100-6
Action Completion Due Date
The respondent shall schedule an onsite inspection/sanitary
survey.
Within 365 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Ryan Dearing
801-560-8456
[e-mail]

5. Cross Connection Control
Item 5a Local Authority Statement Rule Citation
R309-105-12(2)
Action Completion Due Date
The respondent shall submit a complete Cross Connection
Control Local Authority Statement to the Division
Within 90 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Gary Rager
385-549-7609
[e-mail]

Item 5b Public Education, Operator Training, Record Keeping,
On-Going Enforcement Implementation
Rule Citation
R309-105-12(2)
Action Completion Due Date
The respondent shall complete the annual public education or
awareness, operator training, record keeping and on-going
enforcement plan and submit evidence to the Division
Within 180 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Gary Rager
385-549-7609
[e-mail]

9. Monitoring and Reporting
Item 9a Total Coliform Monitoring Rule Citation
R309-211
Action Completion Due Date
The respondent shall submit monthly routine coliform
bacteriological samples to the Division each month the system
is open.
The first month for the date of
issuance.
Division of Drinking Water Contact
Sitara Federico
385-515-1459
[e-mail]

Item 9b Total Coliform Sample Site Plan Rule Citation
R309-211-4
Action Completion Due Date
The respondent shall submit a written total coliform sample
site plan to the Division.
Within 30 days of the date of
issuance.
Division of Drinking Water Contact
Sitara Federico
385-515-1459
[e-mail]