DDW-2024-006204

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

SPENCER J. COX
Governor

DIEDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Nathan Lunstad, P.E.
Director

January 24, 2024

Tracy Hobart Feltner
IronTown
755 South Main Street
Suite 4-128
Cedar City, Utah 84720

Subject: Notice of Violation, Gross Alpha Particle Activity MCL Exceedance-Public Notice
Requirement, Failure to Monitor for Combined Uranium; IronTown: UTAH11070

Tracy Hobart Feltner:

This letter is an official notification that according to the Division of Drinking Water (the
Division) records, the IronTown Well 1 (listed as WS001 in the Divisions database) is in violation
of the Gross Alpha Particle Activity standard as given in R309-200-5(4). Compliance with the
Gross Alpha Particle Activity maximum contaminant level (MCL) of 15pCi/L is based off the
running annual average (RAA). The Gross Alpha Particle Activity RAA for the IronTown Well 1
(WS001) is currently 21 pCi/L.

Alpha Particles contained in groundwater are released during the decay of radioactive materials
also contained within the water. The most notable species include Uranium, Radium-226 and
Thorium. Given that Alpha Particle concentrations result from several contributors, the Alpha
Particle concentrations used in the RAA calculations are first “adjusted” to exclude Alpha
Particles emitted by Uranium.

However, given that only one Uranium sample was received in 2023, only one adjusted Gross
Alpha value was used in the RAA calculation (R309-205-7(3)(c)(iv)).

Sample results collected during the second, third and fourth quarter of 2023 yielded Adjusted
Gross Alpha Particle Activity levels of 29 pCi/L, 5 pCi/L and 28 pCi/L respectively. When
rounded to two significant figures as prescribed in R309-205-7(3)(c)(f), these results constitute a
RAA of 21 pCi/L.

Tracy Hobart Feltner
Page 2 of 3
January 24, 2024

As a result of this violation, IronTown has been given 50 IPS points. An additional 50 IPS points
will be assigned to the system each quarter that the RAA is above 15 pCi/L.

With the IronTown Well 1 (WS001) containing Gross Alpha Particle Activity levels above the
MCL, the system must:

1. Notify its water users per the attached Tier 02 public notice protocol within 30 days of
receiving this letter and repeat the notice every three months for as long as the violation
exists. A copy of the public notice must be submitted to the Division at
[e-mail] and [e-mail] by February 23, 2024.
2. Enact one of the following mitigation measures:
a. Identify and implement operational strategies that can minimize Gross Alpha
Particle Activity exposure.
b. Identify possible alternative sources for drinking water.
3. Present MCL exceedance in annual CCR while including the Standard Health Effects
Language listed in R309-220-15 for Gross Alpha Particle Activity, and explain the
corrective actions being taken.

Please be aware that any permanent treatment option must comply with the Division’s plan review
process including submittal of design, engineering plans, and specification, and obtaining plan
approval (prior to construction) and an operating permit (prior to placing into service). Please
contact Paul Wright P.E., Southwest Utah District Engineer, at (435)-680-0163 or
[e-mail] if you have any questions regarding the potential plan review requirements.

Failure To Monitor Violation

Additionally, the Division is missing analytical results for the following analytes and compliance
periods in 2023:

Compliance
Period Start Date
Compliance
Period End Date
Analyte Facility Name Facility Code
10/01/2023 12/31/2023 Combined
Uranium
IronTown Well 1 WS001

Failure to collect these samples is in violation of Utah Administrative Code Rule 309-205.
The violations result in the addition of points to this system’s Improvement Priority System (IPS)
report for each missing sample and could adversely affect this water system’s rating (see R309-
400).

To resolve this violation, please collect the missing sample as soon as possible within the next
30 days. Upon receipt of results, we will resolve the violation and remove the points from the
system’s IPS report. Additionally, please notify the Division if this letter is in error.

Tracy Hobart Feltner
Page 3 of 3
January 24, 2024

In accordance with the public notice requirements given in R309-220-7, the system must notify all
the water system’s consumers of this violation within one year after you learn of the violation.
Please reference the enclosed Tier 03 public notice template for guidance. Community water
systems must provide notice using one or more of the following methods:
 Mail or other direct delivery to each customer receiving a bill and to other service
connections to which water is delivered
 Through the 2023 Consumer Confidence Report due July 1, 2024.
 Another method reasonably calculated to reach other persons regularly served by the system
(house renters, apartment dwellers, university students, nursing home patients, prison
inmates etc.).

A copy of the notice you send to the system’s consumers must be approved by the Division. Please
send a copy of the notice to the Division at [e-mail] and [e-mail] prior
to issuing the notice.

Thank you for your efforts in maintaining a safe drinking water system. If you have questions or
need further assistance, please contact David Kruse, at [e-mail] or [phone].

Sincerely,

Mark Berger
Monitoring and Standards Section Manager

Enclosures: Tier 02 PN Template (for MCL violation)
Tier 03 PN Template (For Failure to Monitor Violation)

cc: Tracy Hobart Feltner, IronTown, [e-mail]
Eric Larsen, Central Utah Health Department, [e-mail]
Paul Wright, P.E., DEQ Southwest District Engineer, [e-mail]
Michael Newberry, Division of Drinking Water, [e-mail]
Mark Berger, Division of Drinking Water, [e-mail]
David Kruse, Division of Drinking Water, [e-mail]

Instructions for Chemical or Radiological MCLs Notice Tier 2

Template on Reverse

Since exceeding chemical or radiological maximum contaminant levels (MCLs) is a Tier 2 violation, you
must provide public notice to persons served as soon as practical but within 30 days after you learn of the
violation (R309-220-6(2)). You must issue a repeat notice every three months for as long as the violation
persists. The Division of Drinking Water may have more stringent requirements for MCL violations; e.g., it
may require you to provide water from an alternate source. Check with your agency to make sure you
meet all requirements. Use the Fluoride MCL – Tier 2 template for fluoride MCL violations.

Community systems must use one of the following methods (R309-220-6(3)):

• Hand or direct delivery
• Mail, as a separate notice or included with the bill

Non-community systems must use one of the following methods (R309-220-6(3)):

• Posting in conspicuous locations
• Hand delivery
• Mail

In addition, both community and non-community systems must use another method reasonably
calculated to reach others if they would not be reached by the first method (R309-220-6(3)). Such
methods could include newspapers, e-mail, or delivery to community organizations. If you mail, post, or
hand deliver, print your notice on letterhead, if available.

The notice on the reverse is appropriate for hand delivery or mail. However, you may wish to modify it
before using it for posting. If you do, you must still include all the required elements and you may not
modify the mandatory health effects language (R309-220-8(4)).

Corrective Action

In your notice, describe corrective actions you are taking. Do not use overly technical terminology when
describing treatment methods. Listed below are some steps commonly taken by water systems with
chemical or radiological violations. Use one or more of the following actions, if appropriate, or develop
your own:

• We are working with [local/state agency] to evaluate the water supply and researching options to
correct the problem. These options may include treating the water to remove [contaminant] or
connecting to [system]=s water supply.
• We have stopped using the contaminated well. We have increased pumping from other wells, and
we are investigating drilling a new well.
• We will increase the frequency at which we test the water for [contaminant].
• We have since taken samples at this location and had them tested. They show that we meet the
standards.

Repeat Notices

If this is an ongoing violation and/or you fluctuate above and below the MCL, you should give the history
behind the violation, including the source of contamination, if known. List the date of the initial detection,
as well as how levels have changed over time. If levels are changing as a result of treatment, you can
indicate this.

After Issuing the Notice

Make sure to send the Division of Drinking Water (PO Box 144830, SLC, UT 84114-4830)a copy of each
type of notice and a certification that you have met all public notification requirements within ten days
after issuing the notice (R309-105-16(3)).

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
[System] Has Levels of [Contaminant] Above Drinking Water Standards

Our water system recently violated a drinking water standard. Although this is not an
emergency, as our customers, you have a right to know what happened, what you should do,
and what we are doing to correct this situation.

We routinely monitor for the presence of drinking water contaminants. Testing results we
received on [date] show that our system exceeds the standard, or maximum contaminant level
(MCL), for [contaminant]. The standard for [contaminant] is [MCL]. The average level of
[contaminant] over the last year was [level]. or [Contaminant] was found at [level].

What should I do?

• You do not need to use an alternative (e.g., bottled) water supply. However, if you
have specific health concerns, consult your doctor.

What does this mean?

This is not an immediate risk. If it had been, you would have been notified immediately.
However, [Insert relevant health effects language from Appendix B.]

What happened? What is being done?

[Describe corrective action.] We anticipate resolving the problem within [estimated time frame].

For more information, please contact [name of contact] at [phone number] or [mailing address].

Please share this information with all the other people who drink this water, especially
those who may not have received this notice directly (for example, people in apartments,
nursing homes, schools, and businesses). You can do this by posting this notice in a
public place or distributing copies by hand or mail.

This notice is being sent to you by [system]. Water System ID#: ___________. Date distributed:

Instructions for Monitoring Violations Annual Notice – Chemical Monitoring (Tier 3)

Template on Reverse

Since most monitoring violations are included in Tier 3, you must provide public notice to persons served
within one year after you learn of the violation (R309-220-7(2)). Multiple monitoring violations can be
serious, check with the Division of Drinking Water (801-536-4200) to make sure you meet the public
notification requirements.

Community systems must use one of the following (R309-220-7(3)(a)):

• Hand or direct delivery
• Mail, as a separate notice or included with the bill

Non-community systems must use one of the following (R309-220-7(3)(b)):

• Posting in conspicuous locations
• Hand delivery
• Mail

In addition, both community and non-community systems must use another method reasonably
calculated to reach others if they would not be reached by the first method (R309 -220-7(3)). Such
methods could include newspapers, e-mail, or delivery to community organizations. If you post the
notice, it must remain posted until the violation is resolved. If the violation has been resolved, you must
post the notice for at least one week (R309-220-7(2)). If you mail, post, or hand deliver, print your notice
on letterhead, if available.

The notice on the reverse is appropriate for insertion in an annual notice or the CCR, as long as public
notification timing and delivery requirements are met (R309-220-7(4)). You may need to modify the
template for a notice for individual monitoring violations. This example presents violations in a table;
however, you may write out an explanation for each violation if you wish. For any monitoring violation for
volatile organic compounds (VOCs) or other groups, you may list the group name in the table, but you
must provide the name of every chemical in the group on the notice, e.g., in a footnote.

You may need to modify the notice if you had any monitoring violations for which monitoring later showed
a maximum contaminant level or other violation. In such cases, you should refer to the public notice you
issued at that time.

Include in your notice the standard language for monitoring and testing procedure violations in italics
(R309-220-8(4)(b)). If you modify the notice, you may not alter this mandatory language.

Corrective Actions

In your notice, describe corrective actions you took or are taking. Listed below are some steps commonly
taken by water systems with monitoring violations. Choose the appropriate language, or develop your
own:

• We have since taken the required samples, as described in the last column of the table above.
The samples showed we are meeting drinking water standards.
• We have since taken the required samples, as described in the last column of the table above.
The sample for [contaminant] exceeded the limit. [Describe corrective action; use information
from public notice prepared for violating the limit.]
• We plan to take the required samples soon, as described in the last column of the table above.

After Issuing the Notice

Make sure to send the Division of Drinking Water (PO Box 144830, SLC, UT 84114-4830) a copy of each
type of notice and a certification that you have met all the public notice requirements within ten days after
issuing the notice (R309-105-16(3)).

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
Monitoring Requirements Not Met for [System]

Our water system violated several drinking water standards over the past year. Even though
these were not emergencies, as our customers, you have a right to know what happened and
what we did to correct these situations.

We are required to monitor your drinking water for specific contaminants on a regular basis.
Results of regular monitoring are an indicator of whether or not our drinking water meets health
standards. During [compliance period] we ['did not monitor or test' or 'did not complete all
monitoring or testing'] for [contaminant(s)] and therefore cannot be sure of the quality of our
drinking water during that time.

What should I do?

There is nothing you need to do at this time.

The table below lists the contaminant(s) we did not properly test for during the last year, how
often we are supposed to sample for [this contaminant/these contaminants] and how many
samples we are supposed to take, how many samples we took, when samples should have
been taken, and the date on which follow -up samples were (or will be) taken.

Contaminant

Required
sampling
frequency

Number of
samples
taken

When all samples
should have been
taken

When samples
were or will be
taken

VOCs1 (example)

1 sample every
three years

0

1996-1998

February 1999

What happened? What is being done?

[Describe corrective action.]

For more information, please contact [name of contact] at [phone number] or [mailing address].

Please share this information with all the other people who drink this water, especially those who
may not have received this notice directly (for example, people in apartments, nursing homes,
schools, and businesses). You can do this by posting this notice in a public place or distrib uting
copies by hand or mail.

This notice is being sent to you by [system]. Water System ID#: __________. Date distributed:

1VOCs, also known as volatile organic compounds, are tested by collecting one sample and testing
that sample for all the VOCs. VOCs are commonly used in industrial and manufacturing processes. VOCs
include benzene, carbon tetrachloride, chlorobenzene, 1,2-dichlorobenzene, 1,4-dichlorobenzene, 1,2-
dichloroethane, cis-dichloroethylene, trans-dichloroethylene, dichloromethane, 1,2-dichloropropane,
ethylbenzene, styrene, tetrachlorethylene, 1,1,1-trichloroethane, trichloroethylene, toluene, 1,2,4-
trichlorobenzene, 1,1-dichloroethylene, 1,1,2-trichloroethane, vinyl chloride, and xylene.