DDW-2024-006005

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
October 27, 2023

Spencer Bateman
℅ Bateman Mosida Farms, LLC
6725 S 13650 W
PO Box 119
Elberta, UT 84626

Subject: Administrative Order: “Not Approved” Rating Determination for Batemans Mosida
Farms UTAH25184
Dear Spencer Bateman:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable
drinking water and to protect public health. The Bateman Mosida Farms UTAH25184 is in significant non-
compliance with its obligations under the Utah Safe Drinking Water Act and the Utah Drinking Water
Rules as well as the Federal Safe Drinking Water Act. Therefore, the Utah Division of Drinking Water
(DDW) must downgrade the rating of the Bateman Mosida Farms to “Not Approved” status in accordance
with the Utah Drinking Water Rules.

An Administrative Order (Order) is being issued to Bateman Mosida Farms, LLC as owner
and/or operator of the Bateman Mosida Farms Water System, located in Utah County, directing
it to comply with the National Primary Drinking Water Regulations. The violation alleged in the Order
is for exceeding the maximum contaminant level for arsenic.

Arsenic in drinking water at levels that exceed regulatory limits causes severe health risks. It is a known
human carcinogen and is associated with various cancers, such as skin, bladder, lung, and kidney cancer.
Prolonged exposure to elevated arsenic levels can lead to skin issues, cardiovascular problems, and even
neurological impairments, particularly in children. Additionally, it can result in respiratory distress and
gastrointestinal problems. Pregnant women and developing fetuses are particularly vulnerable to the
adverse effects of arsenic exposure, including developmental issues and low birth weight. This is why
monitoring and controlling arsenic levels in drinking water is essential to protecting public health.

The enclosed Administrative Order (Order) is issued by the Utah Division of Drinking Water
under the authority of sections R309-400-2 and R309-400-4. Among other things, the Order alleges that
Bateman Mosida Farms, LLC, as owner and/or operator of the Bateman Mosida Farms Water System
(System), has violated the National Primary Drinking Water Regulations at 40 C.F.R. Part 141 and the
state drinking water standards at Utah Admin. Code R309-200-5.

This Order is effective upon the date received. Please review the Order and within 10 days provide the
DDW with any information you believe the DDW may not have (e.g., any monitoring that may have been
done but not submitted, any updates to the numbers of connections and/or individuals served, etc.). If
Batemans Mosida Farms UTAH25184
Page 2

the DDW does not hear from Bateman Mosida Farms, the DDW will assume all current information is
correct.

If Bateman Mosida Farms complies with the Order, the DDW may close the Order without further action.
Failure to comply with the Order may lead to substantial civil penalties and/or a court injunction
ordering compliance.

Please be aware that Bateman Mosida Farms is required to submit to the DDW a plan and schedule for
bringing the System into compliance with the Drinking Water regulations. The DDW's approval of
Bateman Mosida Farms’ schedule does not substitute for any other approval that may be required by any
other governmental entity for modifying the System. The DDW encourages Bateman Mosida Farms to
contact any such governmental agency or agencies regarding any applicable approval requirements.

To submit information or request an informal conference with the DDW, please contact Colt Smith
via email at [e-mail], or by phone at 385-515-1529. Any questions from Bateman Mosida
Farms’ attorney should be directed to Bret Randall, Utah Attorney General’s office, who may be reached
via email at [e-mail], or by phone at [phone]. We urge your prompt attention to this
matter.

Enclosed is the Administrative Order: “Not Approved” Rating Determination. I encourage you to contact
me or my staff and to take the steps necessary to return to compliance as soon as possible.

Sincerely,

Tim Davis
Director, Division of Drinking Water

cc: Daymon Swenson, Utah County Health Department, [e-mail]
Chris Martin, Division of Drinking Water, [e-mail]
Brent Arns, Division of Drinking Water, [e-mail]
Bret Randall, Utah Attorney General’s Office, [e-mail]
Steve Latino, Environmental Protection Agency-Region 8, [e-mail]
Scott Everett, Utah Department of Environmental Quality, [e-mail]

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Batemans Mosida Farms

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING DETERMINATION

Docket No. UTAH25184-01-2023

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION (“Order”),
relating to the Bateman Mosida Farms (the “System”), has been issued by the Director of the Utah Division
of Drinking Water (“Director”) based on the authorities and findings provided herein. Notice of this Order
is being provided to Bateman Mosida Farms LLC, a Utah Limited Liability Company, in its capacity as the
“Supplier” who is legally responsible for the 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 at
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 Rating (“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

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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 R309-400-4(1)(a)(ii) directs the Director to establish “the point thresholds for assigning an
Approved or Not Approved rating for each type of water system.” For systems exceeding the point
threshold, the Director may 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.
9. UAC R309-400-4(4) allows the Director to assess points against public water systems upon their
failure to comply with Division directives and orders.
10. UAC R309-400-5(1)(b)(ii) allows the Director to rate any public water system as “Not Approved”
at any time if an immediate threat to public health exists.
11. UAC R309-400-5(1)(c) provides that a public water system may qualify for a “Corrective Action”
rating for its public water system “based on a current, written agreement with the division to
resolve underlying noncompliance according to a compliance schedule.”
12. 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.
13. Utah Code § 19-4-107 provides that upon discovery of any violation of the Act or a rule 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.
14. 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.
FINDINGS
Based on information in the Division’s administrative files, the Director makes the following Findings for
purposes of this Order:
1. On March 31, 2021, the Director issued a Compliance Agreement / Enforcement Order (“March
31, 2021, CA/EO”). Supplier stipulated to the entry of the CA/EO.
2. In the CA/EO, the Director made the following findings, which are final and unappealable:
(a) There exists in Utah County, west of Utah Lake and Highway 68, a drinking water system
known as the Batemans Mosida Farms (the “System”) that serves approximately 90
persons. The System generally includes four active groundwater wells (WELL #1 - CW4
WS001, WELL #2 - CW11 WS002, WELL #3 - CW3 WS003, and WELL #4 - IW7
WS004 ), two active storage tanks, and an independent distribution piping serving fifteen
service connections.
(b) The Supplier is the owner and/or operator of the System and is therefore legally
responsible for the System and for compliance with applicable laws, rules, and regulations.
The Supplier qualifies as a “person” within the meaning of the Utah Safe Drinking Water
Act and the Utah Public Drinking Water Rules.

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3. The System qualifies as a community system under the Utah Public Drinking Water Rules. The
maximum number of points allowed for this type of system is 150.
4. For the reasons stated in the IPS Report attached hereto the System has been assigned 740 points.
This number exceeds the threshold provided in the IPS Rule. The IPS Report is incorporated herein
by this reference.
5. The Director hereby ratifies and adopts the violations and deficiencies reflected in the Master IPS
Report, along with all previous actions by the Division that relate to such violations and
deficiencies. Such actions include sanitary surveys, notices of violation, and the assessment of
points for such violations and deficiencies, all as reflected in the Division’s administrative files
relating to the System.
6. Prior to issuing this Order, the Director provided the Supplier with notice of the System’s then-
current Master IPS report and afforded the Supplier with an opportunity to provide any rebuttal or
objections to the Director for consideration. Despite these notices, the Supplier has failed to reduce
the System point assessments below the threshold.
7. The U.S. Environmental Protection Agency (EPA) and the Utah Division of Drinking Water have
set the Maximum Contaminant Level (MCL) for arsenic in drinking water at 10 micrograms per
liter (µg/L). Arsenic in drinking water at levels that exceed regulatory limits causes severe health
risks. It is a known human carcinogen and is associated with various cancers, such as skin, bladder,
lung, and kidney cancer. Prolonged exposure to elevated arsenic levels can lead to skin issues,
cardiovascular problems, and even neurological impairments, particularly in children.
Additionally, it can result in respiratory distress and gastrointestinal problems. Pregnant women
and developing fetuses are particularly vulnerable to the adverse effects of arsenic exposure,
including developmental issues and low birth weight. This is why monitoring and controlling
arsenic levels in drinking water is essential to protecting public health. This standard is established
to control the concentration of arsenic in drinking water to safeguard public health. For systems
monitoring arsenic more than once per year, compliance with MCL is determined on the annual
average of individual sample results R309-205-5(1)(g).
8. Samples taken from WELL#1 - CW4 (WS001) January 9, 2020: 15.7µg/L, October 1. 2020:
17.3µg/L, January 25, 2021: 17.2 µg/L, May 19, 2021: 17.6 µg/L, August 12, 2021: 16.9 µg/L,
December 28, 2021: 21.9 µg/L, March 28, 2022: 18 µg/L, June 22, 2022: 20.3 µg/L, October 10,
2022: 23.2 µg/L, February 7, 2023: 25 µg/L, April 24, 2023: 29.5 µg/L, and July 17, 2023: 17
µg/L. These results constitute an annual average of 24 µg/L, which exceeds the established MCL.
9. Samples taken from WELL #2 - CW11 (WS002) on the following dates had the corresponding
results: January 9, 2020: 18.1 µg/L, October 1, 2020: 20.1 µg/L, November 19, 2020: 20.5 µg/L,
January 25, 2021: 20.4 µg/L, May 19, 2021: 20.1 µg/L, August 12, 2021: 47.4 µg/L, December 28,
2021: 22 µg/L, March 28, 2022: 20.6 µg/L, June 22, 2022: 25.8 µg/L, September 23, 2022: 19.9
µg/L, October 10, 2022: 20.5 µg/L, February 7, 2023: 19.6 µg/L, April 24, 2023: 20.3 µg/L, July
17, 2023: 16.9 µg/L. These results constitute an annual average of 19 µg/L, which exceeds the
established MCL.
10. Samples taken from WELL #3 - CW3 (WS003) on the following dates had the corresponding
results: January 9, 2020: 27.9 µg/L, October 1, 2020: 17.8 µg/L, November 19, 2020: 18.3 µg/L,
May 19, 2021: 16.6 µg/L, August 12, 2021: 16.8 µg/L, December 28, 2021: 13.9 µg/L, March 28,
2022: 36.3 µg/L, June 22, 2022: 26.1 µg/L, September 23, 2022: 24.1 µg/L, October 10, 2022:
19.8 µg/L, February 7, 2023: 17.1 µg/L, April 24, 2023: 18.4 µg/L, July 17, 2023: 17.3 µg/L These
results constitute an annual average of 18 µg/L, which exceeds the established MCL.

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11. A sample taken from WELL #4 - IW7 (WS004) on January 9, 2020, the result was 19.3 µg/L. This
result is above the established MCL.
12. On December 1, 2020, the Director issued a Notice of Violation for exceeding the arsenic MCL on
WELL#1 - CW4 WS001.
13. On December 1, 2020, the Director issued a Notice of Violation for exceeding the arsenic MCL on
WELL #2 - CW11 WS002.
14. On December 1, 2020, the Director issued a Notice of Violation for exceeding the arsenic MCL on
WELL #3 - CW3 WS003.
15. On March 26, 2020, the Director executed a Compliance Agreement Enforcement Order, stipulated
by Supplier, providing Supplier additional time to address its outstanding deficiencies and their
arsenic MCL without accruing additional Notices of Violation for exceeding the arsenic MCL.
16. The March 31, 2021 CA/EO, amended the March 26, 2020 CA/EO by providing Supplier
additional time to address its outstanding deficiencies and their arsenic MCL. The Supplier agreed
to provide water meeting drinking water standards by July 9, 2022. To date, the Supplier has not
met the obligation.
17. On October 5, 2023, Utah Department of Environmental Toxicologist Scott Everett reviewed
Bateman Mosida Farms arsenic sample data and concluded a requirement to treat is appropriate
and based on the carcinogenic risk associated with arsenic ingestion the water not be consumed.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as follows:
1. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water Rules.
2. The Supplier shall provide a Tier II public notice of the substance of this Order (specifically, the
Director’s rating of the System as “Not Approved”), pursuant to UAC R309-100-8(1) and R309-
220-6(3), as follows:
(a) Such notice shall be provided to each and every customer related to the System (or who
otherwise receives a bill for water service). Such notice must be reasonably calculated to
provide actual notice to such persons and may be provided through mail or direct delivery,
hand delivery, publication in a local newspaper, posting in public places served by your
system, or the System or Supplier’s website, if applicable;
(b) Such notice shall be provided to the health department with jurisdiction over the System.
(c) For each 90-day period that the System is rated as “Not Approved,” the Supplier shall
provide repeat notices to all consumers served by the System, in accordance with the
schedule applicable to Tier II notices.
(d) In accordance with UAC R309-105-16(3), within 10 days of completing the public
notification requirements described above (for the initial public notice and any repeat
notices), the Supplier shall submit to the Director a certification that it has fully complied
with the notice requirements described above. Such certification shall include a

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representative copy of each type of notice distributed, published, posted, and made
available in accordance with this Order.
3. The Supplier shall provide Tier II Public using the attached template titled Arsenic Public Notice
to residents consistent with R309-220-6. The Supplier shall provide proof of public notification to
the Director by the 10th day of the month following the relevant quarter. Within 30 days of this
Order, the Supplier must provide notice of the violation listed in the Enforcement Order Schedule
and IPS Report.
(a) Direct contact with customers by at least one of the following methods: a) email; b) phone
calls (automated or personal); c) text message; or d) hand or direct delivery (will need to
select a second method); and
(b) Broadcast contact with customers by at least one of the following methods: a) television,
b) social media (Facebook, Instagram, Twitter, etc.); c) posting on the Water System’s
website; d) posting in conspicuous locations throughout the water system (will need to
select a second method); or e) a press release. R309-220-6(3)et seq. Please note that all
violations that occurred in 2023, including the arsenic MCL, must also be included in the
Supplier’s Consumer Confidence Report for 2023, which is due to be delivered to the
Bateman Mosida Farms community by July 1, 2024.
4. Attached hereto as an Enforcement Order Schedule – UTAH25184 (“Enforcement Order
Schedule”) listing the violations and deficiencies associated with the System as well as a
description of specific corrective actions and other measures that are required for the System to
comply with the Safe Drinking Water Act and the Board’s rules, including the dates by which such
corrective actions and other measures shall be completed. The Supplier is hereby ordered to
complete all corrective actions and other measures described in the Enforcement Order Schedule,
to the satisfaction of the Director, on or before the due dates identified in the Enforcement Order
Schedule.
5. Within 60 days after execution of this Order, The Supplier shall provide the Division of Drinking
Water with a schedule for the System to come into compliance with the Arsenic MCL in R309-
205-5(1)(g). The plan shall include proposed modifications to the System, estimated costs of
modifications, and a proposed plan and schedule for project completion and compliance with the
Arsenic MCL. The plan shall also include specific milestone dates and a final compliance date (to
be within six months from the date of the DDW approval of the plan). The schedule must be
approved by the Director before construction or modifications can begin.
6. The schedule required by paragraph 36 above will be incorporated into this Order as an
enforceable requirement upon written approval by the Director
7. The operator certification requirements are subject to change depending upon the schedule and
plan identified in paragraph 36 above.
8. Within 90 days after receipt of the Director’s approval of the schedule required by paragraph 36
above, the Supplier shall provide the Director with quarterly reports on the progress made toward
bringing the System into compliance with R309-200-5(4)(c). Each quarterly report is due by the
10th day of the month following the end of the relevant quarter.
9. Within 10 days after completing all tasks included in the schedule required by paragraph 36,
above, the Supplier shall notify the Director of the project's completion.

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10. Respondent must achieve and maintain compliance with the Arsenic MCL by the final date
specified in the approved schedule. If implementation of the plan fails to achieve permanent
compliance, the Director may order further steps and/or seek penalties for noncompliance.
11. This Order shall be binding on the Supplier and any person ( e.g., employee, contractor, or other
agent) acting in concert with the Supplier.
12. Respondent shall send all reporting and notifications required by this Order in writing to:
Utah Division of Drinking Water
P.O. Box 144830
Salt Lake City, Utah
84114-4830
Email: [e-mail]

GENERAL PROVISIONS

1. 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.
2. 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.
3. The Date of Issuance shall be the date that this Order is signed by the Director.
4. The dates set forth in the Order section of this Order 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

1. 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 or
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 the Supplier contests its validity
or correctness in writing within thirty (30) days of the date of its issuance. See Utah Code Utah
Code § 63G-4-102(2)(k). The validity or correctness of this Order may be contested by delivering
a written notice of contest to the Director pursuant to paragraph 43 that explains the reasons for the

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Supplier’s contest. Failure to submit to the Director a notice of contest within 30 days of the date
of issuance waives any right of administrative contest, reconsideration, review, or judicial appeal.
An extension is only available by written approval by the Director.
2. If the Supplier delivers to the Director a timely notice of contest under paragraph 49, the contest of
this Order shall be subject to informal agency review procedures under Utah Code Section 63G-4-
203. In that event, the following procedures shall apply:
a) The procedures set forth in Utah Code Section 63G-4-203 shall apply, except that the
Director requires a written submission to initiate an appeal under informal procedures;
(b) Following the Director’s issuance of an order under Utah Code Section 63G-4-301(6),
there is no duty to exhaust administrative remedies under Utah Code Section 63G-4-
401(2); and
(c) Any appeal from the Director’s order under Utah Code Section 63G-4-301(6) shall be a
trial de novo before a district court under Utah Code Sections 63G-4-401(3) and 63G-4-
402.

IT IS SO ORDERED.
DATED this _____ day of __________, 2023.

DIVISION OF DRINKING WATER

By:

Tim Davis

Director

27 October

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Enforcement Order Schedule UTAH25184

System Name: Batemans Mosida Farms
System Number: UTAH25184
Administrative Contact: Spencer Bateman
Email: [e-mail]
Phone Number: 801-888-6711

Corrective Action Requirements and Due Dates

DATE OF EXECUTION: October 27, 2023

Violations

Item #1 Code Facility Violation Rule Citation
02 WS001 MCL, Average R309-205-5(1)(g)
Violation Number Period Analyte
2021-11 12/01/2020 - 01/01/2021 Arsenic
Corrective Action Completion Due Date
Submit documentation showing the plan required paragraph
36 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

Item #2 Code Facility Violation Rule Citation
02 WS002 MCL, Average R309-205-5(1)(g)
Violation Number Period Analyte
2021-13 12/01/2020 - 01/01/2021 Arsenic
Corrective Action Completion Due Date
Submit documentation showing the plan required paragraph
36 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

Item #3 Code Facility Violation Rule Citation
02 WS003 MCL, Average R309-205-5(1)(g)
Violation Number Period Analyte
2021-12 12/01/2020 - 01/01/2021 Arsenic
Corrective Action Completion Due Date
Submit documentation showing the plan required paragraph
36 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

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Distribution System, DS001
Item # 4 Code Facility Deficiency Rule Citation
D003 DS001 Dist System Unable To Provide 20
PSI Min Pressure For Water Lines
Constructed Before Jan 1, 2007
R309-550-5(4) & (5)
Recommended Corrective Action Completion Due Date
Submit documentation showing the water system has
adequate pressure to meet demand to the Division.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #5 Code Facility Deficiency Rule Citation
C001 DS001 System Direct Responsible Charge
Operators Not Certified At The
Required Level
R309-105-11, R309-300-5(3)
Recommended Corrective Action Completion Due Date
Submit documentation showing the water system has an
operator certified at the Small System level.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #6 Code Facility Deficiency Rule Citation
G001 DS001 Unapproved Facility In Service R309-100-5(2), R309-500-6,
R309-500-9, R309-500-9(2) and
(3)
Recommended Corrective Action Completion Due Date
Submit documentation showing all active facilities have
an operating permit including distribution system, tanks,
and pump facilities (home boosters).
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #7 Code Facility Deficiency Rule Citation
M008 DS001 Service Connections In
Distribution System Rely On
Individual Home Booster Pump
Due To Inadequate Pressure
R309-550-11(3)
Recommended Corrective Action Completion Due Date
Submit documentation showing system as adequate
pressure or otherwise resolved this deficiency to the
Director’s satisfaction.
Within 365 days of Date of
Issuance of this Not Approved
Order

WELL #1 - CW4, WS001
Item #8 Code Facility Deficiency Rule Citation
S020 WS001 Well Head Or Well House Not
Protected From Flooding
R309-515-6(6)(b)(vi), R309-515-
6(12)(d)(iii), R309-515-6(13)(a)
to (d)
Recommended Corrective Action Completion Due Date
Submit documentation showing well house or well head
has adequate protection from flooding.
Within 365 days of Date of
Issuance of this Not Approved
Order

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Item #9 Code Facility Deficiency Rule Citation
S003 WS001 Well Casing Terminates Less Than
12 Inches Above Floor Or Less
Than 18 Inches Above Ground
Surface
R309-515-6(6)(b)(vi), R309-515-
6(12)(c)(ii), R309-515-6(13)(a)
Recommended Corrective Action Completion Due Date
Submit documentation showing well casing termination
has adequate clearance above ground surface.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #10 Code Facility Deficiency Rule Citation
S013 WS001 Well Lacks The Required Well
Seal
R309-515-6(6)(i)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has adequate
seal.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #11 Code Facility Deficiency Rule Citation
S001 WS001 Unapproved Source In Service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an operating
permit.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #12 Code Facility Deficiency Rule Citation
SP06 WS001 New water source lacks an
approved Preliminary Evaluation
Report (PER)
R309-600-13 & R309-605-9
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an approved
PER.
Within 180 days of Date of
Issuance of this Not Approved
Order

Item #13 Code Facility Deficiency Rule Citation
SP07 WS001 Active source lacks an approved
Drinking Water Source Protection
(DWSP) Plan.
R309-600-7(2) & R309-605-
7(1)(c)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an approved
DWSP plan.
Within 180 days of Date of
Issuance of this Not Approved
Order

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Source, WS002

Item #14 Code Facility Deficiency Rule Citation
S020 WS002 Well Head Or Well House Not
Protected From Flooding
R309-515-6(6)(b)(vi), R309-515-
6(12)(d)(iii), R309-515-6(13)(a)
to (d)
Recommended Corrective Action Completion Due Date
Submit documentation showing well house or well
head has adequate protection from flooding.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #15 Code Facility Deficiency Rule Citation
S013 WS002 Well Lacks The Required Well
Seal
R309-515-6(6)(i)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has adequate seal. Within 365 days of Date of
Issuance of this Not Approved
Order

Item #16 Code Facilit
y
Deficiency Rule Citation
S001 WS002 Unapproved Source In Service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an operating
permit.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #17 Code Facility Deficiency Rule Citation
SP06 WS002 New water source lacks an
approved Preliminary Evaluation
Report (PER)
R309-600-13 & R309-605-9
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an approved
PER.
Within 180 days of Date of
Issuance of this Not Approved
Order

Item #18 Code Facility Deficiency Rule Citation
SP07 WS002 Active source lacks an approved
Drinking Water Source Protection
(DWSP) Plan.
R309-600-7(2) & R309-605-
7(1)(c)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an approved
DWSP plan.
Within 180 days of Date of
Issuance of this Not Approved
Order

5
Source, WS003

Item #19 Code Facility Deficiency Rule Citation
S002 WS003 Well House Not Protected
Against Vandalism
R309-105-10(5)
Recommended Corrective Action Completion Due Date
Submit documentation showing well house has
adequate protection from vandalism.
Within 90 days of Date of
Issuance of this Not Approved
Order

Item #20 Code Facility Deficiency Rule Citation
S013 WS003 Well Lacks The Required Well Seal R309-515-6(6)(i)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has adequate seal. Within 365 days of Date of
Issuance of this Not Approved
Order

Item #21 Code Facility Deficiency Rule Citation
S001 WS003 Unapproved Source In Service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an operating
permit.
Within 365 days of Date of
Issuance of this Not Approved
Order

Item #22 Code Facility Deficiency Rule Citation
SP06 WS001 New water source lacks an
approved Preliminary Evaluation
Report (PER)
R309-600-13 & R309-605-9
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an approved
PER.
Within 180 days of Date of
Issuance of this Not Approved
Order

Item #23 Code Facility Deficiency Rule Citation
SP07 WS001 Active source lacks an approved
Drinking Water Source Protection
(DWSP) Plan.
R309-600-7(2) & R309-605-
7(1)(c)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an approved
DWSP plan.
Within 180 days of Date of
Issuance of this Not Approved
Order

6
WELL #4 - IW7, WS004
Item #24 Code Facility Deficiency Rule Citation
S001 WS004 Unapproved Source In Service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Recommended Corrective Action Completion Due Date
Submit documentation showing well has an operating
permit.
Within 365 days of Date of
Issuance of this Not Approved
Order

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Tim Davis

Director

DATE: ___________________________________

October 27, 2023