HomeMy WebLinkAboutDDW-2024-006084
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) 536-4284
www.deq.utah.gov
State of Utah
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF DRINKING WATER
Nathan Lunstad, P.E.
Director
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
January 8, 2024
WPR Utility District
℅ Ed Schultz, Chairman
36 South State Street Suite 500
Salt Lake City, Utah 84111
Subject: Initial Order for New Public Water System for Wasatch Peaks Ranch UTAH15044
Dear Ed Schultz:
According to a new Public Water System Form submitted to the Division of Drinking Water (DDW) in
2020, and communications between DDW and the Weber-Morgan Health Department, and Wasatch
Peaks Development Company it has come to the attention of the Utah Division of Drinking Water (the
“Division”) that WPR Utility District, a Utah utility district, 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 UTAH15044. 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.
WPR Utility District
Page 2 of 2
January 8, 2024
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These 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 out 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 (385) 272-5404 or tammieallen@utah.gov.
● 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 (801) 536-4200 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 (385) 515-1529 or acsmith@utah.gov. To contest or appeal this Order, please contact Bret
Randall of the Attorney General’s office at (801) 536-0284 or bfrandall@agutah.gov (alternatively,
Elizabeth Burns of the Attorney General’s office at (385) 441-4789 or elizabethburns@agutah.gov).
Sincerely,
Nathan Lunstad P.E.
Director
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
DDW Staff Contact List
Disinfection Byproducts Sampling Site Plan Template
Utah Certified Laboratories
cc: Terry Smith, Rural Water Association of Utah, tsmith@rwau.net
Brent Arns, Utah Division of Drinking Water, barns@utah.gov
Shauna Benvegnu-Springer, Utah Division of Public Utilities, sbenvegn@utah.gov
Scott Braeden, Weber-Morgan Health Department, sbraeden@co.weber.ut.us
Nathan Anthony Bell, Wasatch Peaks Ranch Development Company, 36 South State Street Suite 500, Salt Lake City UT 84111
Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov -or
Elizabeth A. Burns, Assistant Attorney General, elizabethburns@agutah.gov
WPR Utility District
Page 3 of 2
January 8, 2024
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Christopher Brown, EPA Region 8, brown.christopher.t@epa.gov
EQDWMonitoring, EQDWCOA, and EQDWFS
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Wasatch Peaks Ranch, a Utah Public
Water System (UTAH15044)
INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM
Docket No. UTAH15044-2024-01
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 WPR Utility District, a Utah special district, 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 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
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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 therefore 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.
16. The Director’s jurisdiction to issue this Order is based, in part, on Section 1447(a) of the
Safe Drinking Water Act, codified at 42 U.S.C. § 300j-6. The federal act provides that if a
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state has achieved enforcement primacy, then federal agencies are subject to the
jurisdiction of the state agency with enforcement primacy. In directing federal facilities to
be subject to and to comply with all state requirements “in the same manner and to the
same extent as any [non-governmental entity,],” the explicit language of the federal act
demonstrates Congress’ intention that federal facilities be treated as any other public water
system covered by the federal act and, in turn, the state law (the Utah Safe Drinking Water
Act) and rules that implement the federal act. Thus, the Director is required to assert
jurisdiction over the Supplier in this matter in the same manner and to the same extent as
any non-governmental entity.
FINDINGS
Based on information available to the Director, the Director makes the following Findings
for purposes of this Order:
1. WPR Utility District (“Respondent”) is a special district formed pursuant to Utah Code
Title 17B. Based on public records on file with the Office of the Lieutenant Governor:
a. Respondent has the following principal business address: 36 South State Street Suite
500 Salt Lake City, Utah 84111; and
b. The Chairman of the Respondent is Ed Shultz with the following address: 36 South
State Street Suite 500 Salt Lake City, Utah 84111.
2. A public water system (the “System”) exists approximately two miles south-southwest of
the Mountain Green in Weber County, Utah. The System is a public water system based on
the following facts:
a. Respondent owns a ski resort with restaurants and food service stations. There is
ongoing construction of residential housing units. There are approximately 490
persons whom the respondent serves culinary water to the foregoing population.
b. Currently, the System has four active storage tanks, three active pump stations, a
tablet chlorination treatment facility, two active groundwater wells, a proposed
groundwater well, and an independent distribution system serving approximately
750 connections at full build-out.
3. In 2020, the Respondent submitted a Supplemental Form for a New Public Drinking Water
System signed and submitted by Vance Bostock.
4. Nathan Anthony Bell 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:
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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 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 Approved 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
i. The System currently has the following plan review files in the Division’s
plan review database:
1. File # 12096 – Transmission Main Line, Phase 1, Phase 2, Phase
3, Operating Permit issued 12/14/2023.
2. File # 12097 - Well A (WS001), Conditional ATF Well Drilling
issued 11/17/2021, Plan Approval Well Equip issued 11/23/2022
Operating Permit issued 1/3/2024.
3. File # 12356 - Well B (WS002), Non Productive Abandoned.
4. File # 12606 - Tank 1 (ST001) & Pump Station 1 (PF001),
Operating Permit issued 12/12/2023.
5. File # 12607 - Tank 2 (ST002) & Pump Station 2 (PF002),
Operating Permit issued 12/12/2023.
6. File # 12608 - Tank 3 (ST003) & Pump Station 3 (PF003),
Operating Permit issued 12/8/2023.
7. File # 12621 - Pump Station 3 Chlorination Unit (TP001),
Operating Permit issued 1/5/2024.
8. File # 12765 - Tank 4 (ST004), Operating Permit issued
12/13/2023.
9. File # 12792 - Well A2 (WS003), Conditional ATF Well Drilling
issued 11/17/2021, Plan Approval Well Equip issued 11/23/2022,
Operating Permit issued 1/3/2024.
10. File # 12793 – Distribution Main Line, Plat 1 AB, Plat 2A, Plat
3A, Plat 5, Operating Permit issued 12/21/2023.
11. File # 13264 – Oxbow Bend Well (WS004), Plan Approval Well
Drill issued 2/23/2023.
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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 for 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 (801) 536-0069 (mgrange@utah.gov) 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 801-419-6785 or
rdearing@utah.gov if you have any questions regarding the scheduling of the onsite
inspection or engineering review. The last site visit on record was performed by
Michael Newberry on August 17, 2023.
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 our
Emergency Response Line at 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 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. The threat of sabotage or acts of vandalism to any drinking water facility.
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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, wildfires, 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 (801) 536-4498 (grager@utah.gov).
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. A full Drinking Water Source Protection (DWSP) plan is due for the Oxbow Bend
Well by February 27, 2024. As a reminder, updated source protection plans will be
due on or before December 31, 2028, for Well A (WS001) and Well A2 (WS003).
Guidance for preparing the full DWSP plan or updated plans can be found online at
https://deq.utah.gov/drinking-water/preparing-source-protection-plans. Please call
(801)536-4200 and ask to speak to the source protection staff if you have questions
about this requirement.
7. Operator Certification
A community drinking water system that serves a population of 490 requires a Direct
Responsible Charge Operator (DRC) to be certified at a Small Systems Level to operate the
system. The System must obtain the appropriate grade level of certification on or before 365
days from the date of issuance. For any questions regarding the operator certification rules,
contact Dawnie Jacobo at (385) 272-5038 or DDWOpCert@utah.gov.
8. Consumer Confidence Reports
Respondent shall prepare a consumer confidence report for the System and notify all
System consumers of its availability, and make it available upon request by July 1,
2024. This report must include administrative information on the System, information on
the source of water delivered, the level of detected contaminants during 2023, information
regarding System violations and deficiencies, and other specific language as provided more
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fully in UAC R309-225-5. For any questions regarding the consumer confidence reports,
contact Brandi Smith at (385) 515-1650 (brandismith@utah.gov).
9. Monitoring and Reporting Requirements
a. Total Coliform Monitoring
Respondent shall take at least two routine coliform bacteriological samples from
the distribution system and submit them to a certified laboratory for each calendar
month that the water system is used. It is the Respondent's responsibility to send a
copy of the results to our office by the 10th of the following month. In the event of a
coliform positive result, 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 (385) 515-1459
(sfederico@utah.gov).
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 (385) 515-1459
(sfederico@utah.gov).
c. Lead and Copper Monitoring
Ten (10) lead and copper first-draw tap samples are required from the distribution
system every six months. The first round of ten samples must be collected during the
monitoring period from January 1 - June 30, 2024. After two consecutive six-month
sample periods, the frequency may be reduced to annual or once every three years.
Respondent shall send the results of the analyses to the Division. Please refer to
this letter for the most accurate information, or contact Dylan Martinez at (385) 278-
3807 (dylanmartinez@utah.gov).
d. Chemical Monitoring
Respondent shall monitor each source for six classes of chemicals: Inorganics
and Metals, Nitrate, Nitrite, Volatile Organic Chemicals, Radionuclides, and
Pesticides. The sampling frequency for each class is different and is specified in the
enclosed monitoring schedule and on waterlink.utah.gov. Please contact David
Kruse at (385) 566-7789 (dbkruse@utah.gov) with questions.
e. Chlorination Monitoring:
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i. Respondent shall submit a quarterly chlorination report and
distribution system chlorine residual results for the System to the
Division. The chlorination report and chlorine residual data are both due by
the tenth day of the month following each quarter, i.e., January 10th, April
10th, July 10th, and October 10th.
ii. Respondent shall take a chlorine residual at the point of entry to the
distribution system (before the first connection) for every day that the
system is treating water and shall be at least 0.2 ppm. Additional chlorine
residuals shall be taken 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 Rules R309-105-10-(1)(c). The distribution system
chlorine residual averages can be reported via the online form at
https://mrdl.utah.gov.
iii. 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
(ltreutel@utah.gov) for disinfection by-products (DBP) sampling
requirements.
f. Disinfection Byproduct Monitoring
i. Respondent shall take two (2) disinfection byproduct (DBP) samples per
year. The water system is required to collect samples from two Disinfection
Byproduct (DBP) sampling sites. Each disinfection byproduct sample should
be a paired sample of Total Trihalomethanes (TTHM) and Haloacetic Acids
(HAA5). The first round of DBP samples must be collected during the
monitoring period from July 1 - September 30, 2024.
g. Disinfection Byproduct Sample Site Plan
i. Respondent shall develop a written DBP sample site plan with at least two
DBP sample sites. Respondent shall collect the DBP samples according to
the written sample site plan. Included with this Order is a blank copy of the
Disinfection Byproduct Sample Site Plan. A completed sample site plan must
be submitted to the Division no later than 30 days from the date of this letter.
For any questions regarding the DBP sample site plan, contact Luke Treutel
at (385) 258-6084 (ltreutel@utah.gov).
h. 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 February 1, 2024, lead and copper monitoring
requirements by June 30, 2024, DBP monitoring requirements by September
30, 2024, and chemical monitoring by March 31, 2024. Please contact Mark
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Berger at (801) 641-6457 (mberger@utah.gov) 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 of 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 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 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
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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:______ _______________________
Nathan Lunstad P.E.
Director
Date: January 8, 2024
___________________________
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System Name: Wasatch Peaks Ranch
System Number: UTAH15044
Administrative Contact: Nathan Anthony Bell
Email: nbell@wprdevco.com
Phone Number: 801-688-2609
New System Order Due Dates
Date of Issuance: January 8, 2024
3. Capacity Development Evaluation
Item 3 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
mgrange@utah.gov
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
801-419-6785
rdearing@utah.gov
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
grager@utah.gov
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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 ongoing
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
grager@utah.gov
6. Source Protection Program
Item 6a Drinking Water Source Protection Plan Rule Citation
A full Drinking Water Source Protection plan is required for
the Oxbow Bend Well.
R309-600-7
Action Completion Due Date
The respondent shall submit a Drinking Water Source
Protection Plan.
By February 27, 2024.
Division of Drinking Water Contact
Deidre Beck
(385) 271-7046
dbeck@utah.gov
Item 6 Submit Ongoing Source Protection Plans Rule Citation
This is a reminder to submit updates for all active sources. R309-600-7(2)(e)
Action Completion Due Date
The respondent shall submit source protection updates. By December 31, 2028
Division of Drinking Water Contact
Deidre Beck
(385) 271-7046
dbeck@utah.gov
7. Operator Certification
Item 7 Operator Certification Requirement Rule Citation
This system requires a direct, responsible charge operator R309-105-11
Action Completion Due Date
The respondent shall submit documentation to the Division
showing the system has a direct responsible charge operator
certified at the required level.
Within 365 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Dawnie Jacobo
3
385-272-5038
DDWOpCert@utah.gov
8. Consumer Confidence Report
Item 8 Consumer Confidence Report Rule Citation
R309-225-4
Action Completion Due Date
The respondent shall submit a copy of the Consumer
Confidence Report to the Division.
By July 1, 2024
Division of Drinking Water Contact
Brandi Smith
385-515-1650
brandismith@utah.gov
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.
By February 1, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
sfederico@utah.gov
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.
By February 1, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
sfederico@utah.gov
Item 9c Lead and Copper Monitoring Rule Citation
R309-200-5(2) and R309-210-6
Action Completion Due Date
The respondent shall take and submit all required lead and
copper sampling.
By June 30 ,2024
Division of Drinking Water Contact
Dylan Martinez
4
385-278-3807
dylanmartinez@utah.gov
Item 9d Source Monitoring Rule Citation
R309-200-5(1) and R309-205
Action Completion Due Date
The respondent shall take and submit all required samples for
each active source.
Various Dates are given on the
attached Monitoring Report and via
WaterLink
Division of Drinking Water Contact
David Kruse
385-566-7789
dbkruse@utah.gov
Item 9e Chlorination Monitoring Rule Citation
R309-215-16(3) and R309-105-
10(1)(c)
Action Completion Due Date
The respondent shall take and submit all required chlorine
residual data and complete and submit required chlorinator
operational report(s)
By March 30, 2024 (Reported to
DDW by no later than April 10,
2024)
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 9f Disinfection By-Product Monitoring Rule Citation
R309-210-10(2)
Action Completion Due Date
The respondent shall take and submit all required disinfection
by-product samples.
By September 30, 2024
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 9g Disinfection By-Product Sampling Site Plan Rule Citation
R309-210-10(3)
Action Completion Due Date
The respondent shall submit an adequate disinfection by -
products sample site plan.
By February 29, 2024
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
5
CERTIFICATE OF MAILING
CERTIFICATE OF MAILING
I certify that on this ___ day of _____________, 2024, a final, signed copy of New System Order
Wasatch Peaks Ranch UTAH15044 was sent to:
WPR Utility District
℅ Ed Schultz, Chairman
36 South State Street Suite 500
Salt Lake City, Utah 84111
Wasatch Peaks Ranch Development Company
℅ Nathan Anthony Bell
36 South State Street Suite 500
Salt Lake City, Utah 84111
______________________________
Name