DDW-2024-006033

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
Printed on 100% recycled paper
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
November 8, 2023

Jason Binder
South Duchesne Culinary Water
PO BOX 1142
Duchesne, UT 84021

Dear Jason Binder:

Subject: Failure to comply with the Compliance Agreement Enforcement Order
UTAH07067

On May 4, 2022, the Division of Drinking Water ("Division") and South Duchesne Culinary
Water agreed to an extension of the final Compliance Agreement/Enforcement Order (CA/EO)
(copy enclosed for reference) for an additional 365-day period. This extension was generous. This
Extension Order amended the 2021 final CA/EO in an effort to assist the system in coming into
compliance. A review of the Division's records indicates that the System has failed to meet the
extended deadline for compliance with the CA/EO:

Item
#1
Code Facility Deficiency Rule Citation
M020 DS001 Cross Connection Exists in Water
System
R309-105-12(1)
Corrective Action Completion Due Date
Submit documentation showing adequate cross
connection protection within the distribution system.
Within 365 days of the Date of
Issuance of this Supplemental
Enforcement Order Schedule.

The above item was due May 04, 2023. The System has been operating in violation of the CA/EO
since that date. Among other remedies available to the Division, the CA/EO provides for
stipulated penalties, as follows:

The Supplier hereby stipulates and agrees to pay, within 30 days of demand by the Director,
administrative penalties in the following amounts arising from any and all violations of this
CA/EO, on a per-day, per-violation basis:
Jason Binder
November 8, 2023
Page 2 of 2

Penalty Per Violation Per Day Period of Noncompliance
$ 250 1st through 14th day
$ 500 15th through 30th day
$1,000 31st day and beyond

The Division estimates that the total penalty amount today would be in excess of $154,000.
This deficiency represents a potentially significant risk to the public health of the South Duchesne
Culinary Water System customers.

This is not a formal notice of violation or administrative order, but provides the South Duchesne
Culinary Water System with the opportunity to correct this violation and come into compliance.
The Division requests a written response within 30 days of receipt of this letter stating progress
and a proposed completion date for the resolution of the current deficiency. Failure to respond
can result in further enforcement, including requesting that the Attorney General’s Office
file a civil action in state district court to obtain civil enforcement of the CA/EO and to
collect accrued stipulated penalties. A written response to this letter is required. A phone call
will not relieve the responsibility to respond to this letter in writing. If you have questions please
reach out to Colt Smith at (385)-515-1529.

Sincerely,

Tim Davis
Division of Drinking Water

Enclosure

cc: Cindy Austreng, Tri-County Health Department, [e-mail]
Adam Long, Smith-Hartvigsen LLC, [e-mail]
Steve Latino, US EPA Region 8, [e-mail]
Bret Randall, Utah Attorney General's Office, [e-mail]
Nathan Hall, Utah Department of Environmental Quality, [e-mail]