DDW-2024-007935

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
Nathan Lunstad, P.E.
Interim Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
December 20, 2023

Deseret-Oasis Special Service District
℅ Dallas Anderson
3300 West 4000 South
Delta, UT 84624

Subject: Compliance Agreement / Enforcement Order Deseret-Oasis Special Service District UTAH14051

Dear Dallas Anderson:

We are writing to provide you with a copy of the Compliance Agreement/Enforcement Order (CA/EO) that addresses
the drinking water compliance issues currently affecting the Deseret -Oasis Special Service District (System).

The CA/EO includes milestones that the System must meet to come into compliance with the applicable regulations. It
also references stipulated penalties that will be assessed if the System does not meet the requirements and/or the
deadlines.

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. Exposure to arsenic can also 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.

Please carefully review the enclosed CA/EO, sign, and return them to the Director within 30 days of receiving this
letter. Once the document is fully executed, a copy will be returned to you for your records. Failure to return a signed
copy within 30 days of this letter may result in an administrative order issued by the director to ensure progress toward
compliance.

I encourage you to continue to work closely with our Division staff. Your primary contact is Colt Smith at
[e-mail] or [phone].

Sincerely,

Nathan Lunstad P.E.
Division of Drinking Water

cc: Kim Shelley, Utah Department of Environmental Quality, [e-mail]
John Chartier, Utah Department of Environmental Quality, [e-mail]
Eric Larsen, Central Utah Health Department, [e-mail]
Bret Randall, Utah Attorney General’s Office. [e-mail]
Elizabeth A. Burns, Assistant Attorney General, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
EQDWCOA, EQDWMONITORING
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Deseret-Oasis Special Service District
Public Water System

COMPLIANCE AGREEMENT /
ENFORCEMENT ORDER

Docket No. UTAH14051-2023-01

This COMPLIANCE AGREEMENT / ENFORCEMENT ORDER (“CA/EO”) has been issued
by the Director of the Utah Division of Drinking Water (“Director”) under the Director’s legal
authorities described below. This CA/EO has been agreed to by Deseret-Oasis Special Service
District, a political subdivision of the State of Utah, 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 (the “Act”), 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 directs 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 System(“IPS”) rating system.
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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 R309-400-4(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
The Director makes the following Findings for purposes of this CA/EO:
15. There exists approximately five miles south-southwest of Delta along Route 50 in Millard
County, Utah, a drinking water system known as the Deseret-Oasis Special Service District
Water System (the “System”) that serves a population of approximately 490 persons mostly
in the towns of Deseret and Oasis. The System generally includes two storage tanks (ST001,
ST002), two pump stations (PF001, PF002), one active groundwater well (Oasis Well,
WS002), a gas chlorinator (TP001), a filtration treatment plant (Arsenic Plant, TP002)
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designed to treat arsenic, and an independent distribution system (DS001) serving
approximately 198 connections.
16. The Supplier (defined above) 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.
17. The System is a public drinking water system within the meaning of the Utah Safe Drinking
Water Act and the Utah Public Drinking Water Rules.
18. 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.
19. 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 the MCL is determined on the annual average of
individual sample results per R309-205-5(1)(g).
20. Samples taken from Arsenic Plant (TP002) and rounded to the nearest whole number are as
follows: October 19, 2022, 9 µg/L; November 15, 2022, 7 µg/L; December 13, 2022, 11
µg/L; January 18, 2023, 24 µg/L; February 8, 2023, 10 µg/L; March 20, 2023, 8 µg/L; April
11, 2023, 25 µg/L; June 21, 2023, 10 µg/L; August 22, 2023, 11 µg/L; September 26, 2023,
9 µg/L; and October 30, 2023, 8 µg/L. These results constitute an annual average of 12 µg/L,
which exceeds the established MCL.
21. On February 23, 2023, the Director issued a Notice of Violation for exceeding the arsenic
MCL on Arsenic Plant TP002.
22. On October 20, 2023, the Director issued a Notice of Violation for exceeding the arsenic
MCL on Arsenic Plant TP002.
23. On November 13, 2023, the Director issued a Notice of Violation for exceeding the arsenic
MCL on Arsenic Plant TP002.
24. The Master IPS Report attached hereto as Exhibit A describes several violations and
deficiencies associated with the System which form the basis of this CA/EO (the “Violations
and Deficiencies”). Supplier agrees and stipulates that the information contained in the
attached IPS Report is true and correct as of the date shown on the Master IPS Report.
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ORDER
Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing, IT IS
HEREBY ORDERED as follows:
25. Attached hereto is an Enforcement Order Schedule – UTAH14051 (“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.
26. The Supplier shall provide Tier II Public Notice 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 followin g the relevant
quarter. In accordance with Utah Admin. Code R309-220-6(3), within 30 days of this Order,
the Supplier must provide notice of the violation listed in the Enforcement Order Schedule
and IPS Report as follows:
(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. 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 Deseret Oasis
Special Service District community by July 1, 2024.
27. 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.
28. The schedule required by Paragraph 27 above will be incorporated into this Order as an
enforceable requirement upon written approval by the Director.
29. The operator certification requirements are subject to change depending upon the schedule
and plan identified in Paragraph 27 above.
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30. Within 90 days after receipt of the Director’s approval of the schedule required by Paragraph
27 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.
31. Within 10 days after completing all tasks included in the schedule required by Paragraph
27, above, the Supplier shall notify the Director of the project's completion.
32. The Supplier 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.
33. This Order shall be binding on the Supplier and any person (e.g., employee, contractor, or
other agent) acting in concert with the Supplier.
34. The Supplier 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]
35. The Supplier agrees to collect all samples required by the Safe Drinking Water Act and the
Board’s rules and to report the sample results to the Director within the timeframe mandated
by rule.
GENERAL PROVISIONS
36. Based on this CA/EO, the Director hereby rates the System as “Corrective Action” status.
The “Corrective Action” rating is conditioned upon Supplier’s adherence to the
requirements of this CA/EO, the Act, and the Public Drinking Water Rules. The Director
may re-rate the System as “Not Approved” at any time based on any violation of this CA/EO,
the Act, or the Public Drinking Water Rules.
37. Upon satisfactory compliance with the requirements in the Enforcement Order Schedule,
the Director shall issue a subsequent administrative order closing out this CA/EO and rating
the System as “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.
38. 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:
Penalty Per Violation Per Day Period of Noncompliance
$ 250 1st through 14th day
$ 500 15th through 30th day
$1,000 31st day and beyond
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39. In the event of any violation of this CA/EO with criminal negligence, within the meaning of
Utah Code § 19-4-109(7)(b), the Director reserves the right, in the Director’s sole discretion,
to seek the imposition of fines and civil penalties under that section in addition to stipulated
administrative penalties under this CA/EO.
40. Nothing in this CA/EO shall be construed as prohibiting, altering, or in any way limiting the
ability of the Director to seek injunctive relief pursuant to Utah Code § 19-4-107(2) arising
from violations of this CA/EO, the Act, or the Utah Public Drinking Water Rules.
41. This CA/EO 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. The Director
reserves that this CA/EO is without prejudice to all rights against the Supplier that the
Director may have pertaining to matters not addressed in this CA/EO, including: (a)
violations of this CA/EO; (b) future violations of the Act or the Utah Public Drinking Water
Rules; and (c) criminal liability.
42. The Director has the jurisdiction and authority to make the findings set forth in this CA/EO
and to otherwise enforce the terms of this CA/EO.
43. The date of issuance shall be the date that this CA/EO is executed by the Director.
44. As of the date of issuance, this CA/EO shall constitute a final administrative order under the
Act and shall operate as a final adjudication upon the merits of the matters addressed herein.
In the Director’s sole discretion, violations of this CA/EO may result in the commencement
of an action for civil enforcement in state district court, by the attorney general, as provided
in Utah Code Section 19-4-107. Such actions may seek injunctive or other relief, including
the imposition and collection of civil penalties as allowed by law. The Supplier agrees that
in any enforcement action, it shall not contest the finality or validity of this CA/EO or the
Director’s authority to enter it as a final administrative order under the Act.
45. The dates set forth in the Enforcement Order Schedule 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.
46. In partial or full satisfaction of the Enforcement Order Schedule, the Supplier may (a) obtain
a variance or exception as allowed by the Act and the Public Drinking Water Rules or (b)
propose to the Director an alternate method for compliance with the Act and the Public
Drinking Water Rules. No such alternate means of compliance with the Enforcement Order
Schedule shall be accepted unless approved by the Director in writing.
47. The person signing this CA/EO on behalf of the Supplier hereby represents to the Director
that he or she has the full legal authorization to do so and agrees that the Director may rely
on this representation.
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COMPLIANCE NOTICE

Compliance with the provisions of this CA/EO is mandatory. All violations of the Utah Safe
Drinking Water Act, the Drinking Water Rules, and this CA/EO shall be strictly enforced during
the time that this CA/EO remains in effect.

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:________________________________

Nathan Lunstad P.E.
Interim-Director

DATE: ________________________________

DESERET-OASIS SPECIAL SERVICE DISTRICT

By:________________________________

Name:________________________________

Title:________________________________

DATE: ________________________________

- $ ) $ ' ' * 0 " # 4 — ) A v A ? A C @ ? w ? B ˜
Marinda Willoughby
Marinda Willoughby
Clerk
01/02/2024
a/han
un./ad (Jan 2, 2024 10:0ц MST)
01/02/2024
1
Enforcement Order Schedule UTAH14051

System Name: Deseret Oasis Special Service District
System Number: UTAH14051
Administrative Contact: Dallas Anderson
Email: [e-mail]
Phone Number: 435-864-3793

Corrective Action Requirements and Due Dates

DATE OF ISSUANCE:__________________________

Violations

Item #1 Code Facility Violation Rule Citation
02 TP002 MCL, Average R309-205-5(1)(g)
Violation Number Period Analyte
2024-1124344 10/01/2023 - 10/31/2023 Arsenic
Corrective Action Completion Due Date
Submit documentation showing the plan required in Paragraph
27 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

Item #2 Code Facility Violation Rule Citation
02 TP002 MCL, Average R309-205-5(1)(g)
Violation Number Period Analyte
2024-1124343 09/01/2023 - 09/30/2023 Arsenic
Corrective Action Completion Due Date
Submit documentation showing the plan in Paragraph 27 is
submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

Item #3 Code Facility Violation Rule Citation
02 TP002 MCL, Average R309-205-5(1)(g)
Violation Number Period Analyte
2023-1124337 01/01/2023 - 01/31/2023 Arsenic
Corrective Action Completion Due Date
Submit documentation showing the plan required in Paragraph
27 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

01/02/2024
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IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:________________________________

Nathan Lunstad P.E.
Interim-Director

DATE:________________________________

DESERET-OASIS SPECIAL SERVICE DISTRICT

By:________________________________

Name:________________________________

Title:________________________________

DATE:________________________________

- $ ) $ ' ' * 0 " # 4 — ) A v A ? A C @ ? w ? B ˜
Marinda Willoughby
01/02/2024
Clerk
Marinda Willoughby
a/han
un./ad (Jan 2, 2024 10:0ц MST)
01/02/2024

CERTIFICATE OF MAILING

I certify that on this ___ day of [MONTH], [YEAR], a final, signed copy of Compliance
Agreement / Enforcement Order Deseret-Oasis Special Service District UTAH14051 was
sent to [SUPPLIER].

______________________________
Name