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HomeMy WebLinkAboutDDW-2024-006011 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830 Telephone (801) 536-4200 • Fax (801-536-4211 • T.D.D. (801) 536-4414 www.deq.utah.gov Printed on 100% recycled paper State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF DRINKING WATER Tim Davis Director October 26, 2023 CERTIFIED MAIL Spencer Bateman Batemans Mosida Farms PO Box 119 Elberta, UT 84626 Subject: NOTICE OF VIOLATION – Failure to Fix Significant Deficiency Treatment Technique Violation, Water System #UTAH25184 Spencer Bateman: Our records indicate that your system is in violation of the State of Utah Public Drinking Water Rules as follows: On December 23, 2019, Batemans Mosida Farms was sent an Initial Order for New Public Water System outlining some significant deficiencies. On March 4, 2020, the system received a sanitary survey added more significant deficiencies to the water system. These deficiencies remain uncorrected: • C001 System direct responsible charge operators not certified at the required level • S013 Well lakcs the required seal WS001 • S001 Unapproved source in service WS001 • S003 Well casing terminates less than 12 inches above floor or less than 18 inches above ground surface WS001 • S020 Well head or well house not protected from flooding WS001 • S001 Unapproved source in service WS002 • S013 Well lacks the required well seal WS002 • S013 Well lacks the required well seal WS003 • S002 Well house not protected against vandalism WS003 • S001 Unapproved source in service WS003 • S001 Unapproved source in service WS004 • G001 Unapproved facility in service Spencer Bateman Page 2 of 6 October 26, 2023 Utah Public Drinking Water Rules require all significant deficiencies to be corrected within 120 days of the date of notification or the system must enter a corrective action agreement with the Division to address the significant deficiencies as specified in R309-215-16(3)(a)(v). The system chose to request a Compliance Agreement/Enforcement Order (CA/EO) which was finalized on March 26, 2020. The system failed to correct the deficiencies by the CA/EO’s deadlines. This results in the system being assessed a treatment technique violation in accordance with R309-215-16(4)(a) and the assessment of 50 Improvement Priority System (IPS) points to the system’s IPS Report. Be advised this could adversely affect your water system’s rating (R309- 400). As a result of this Tier 2 violation, the system must provide the public notice as soon as practical, but no later than 30 days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved (see R309-220-6(1)(a) and R309- 220-6(1)(b)). This public notice requirement cannot be waived once a violation occurs. Proof of public notification must be provided to the Division at (ddwreports@utah.gov) within 30 days of notifying the water system customers and resubmitted each quarter; the deficiencies remain unresolved. If any of the above deficiencies have been corrected, please complete the enclosed IPS Deficiency Correction Notice and submit the information to the Division at ddwips@utah.gov immediately. We ask that you respond to this letter as soon as possible. Please contact Jennifer Yee at (385) 515-1501 or ddwips@utah.gov if you have questions or need assistance. Sincerely, Helen Lau Compliance Section Manager Enclosures: IPS Report Deficiency Correction Form Tier 2 Public Notice Template cc: Jason Garrett, Utah County Health Department Tyler Plewe, Utah County Health Department Helen Lau (Oct 26, 2023 16:48 MDT)