DDW-2024-007937

-4830
Telephone (801) 536---4284
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

Green Hills Country Estates Water and Sewer Improvement District
Attn: Jean Brill, Treasure/General Manager
PO Box 453
Huntsville, UT 84317

Subject: Compliance Agreement / Enforcement Order Green Hills Country Estates
UTAH29053

Dear Jean Brill:

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 Green Hills
Country Estates Water and Sewer Improvement District System (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. This CA/EO specifically addresses Gross
Alpha MCL exceedances and groundwater turbidity exceeding limits established to protect public
health.

Gross alpha particles primarily consist of radioactive materials and pose a risk of internal radiation
exposure when consumed. Prolonged exposure to these particles is associated with an increased
risk of cancer, particularly bone cancer. Additionally, these substances can harm the kidneys and
other vital organs in the body, leading to various health complications. Therefore, maintaining
water quality within permissible limits is essential to safeguard public health.

The turbidity standard is designed to limit the concentration of turbidity in drinking water to protect
disease-causing microorganisms, including pathogens responsible for gastrointestinal illnesses,
such as Cryptosporidium and Giardia. These microorganisms can cause diarrhea, cramps, and other
health problems if ingested.

Please carefully review the enclosed CA/EO, sign, and return it 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.

Jean Brill
November 8, 2023
Page 2 of 2
I encourage you to continue to work closely with our Division staff. Your primary contact is Colt
Smith at [e-mail], or [phone].
Sincerely,
Tim Davis
Division of Drinking Water
cc: Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Scott Braeden. Weber-Morgan Health Department, [e-mail]
Bridge Street Property Management, LLC, 345 West 600 South #127 Heber City, Utah 84032
Steve Latino, Environmental Protection Agency-Region 8, [e-mail]
Cameron Draney, Division of Drinking Water, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Green Hills Country Estates Water and
Sewer Improvement District Public Water
System
COMPLIANCE AGREEMENT /
ENFORCEMENT ORDER
Docket No. UTAH29053-2023-01
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 Green Hills Country Estates
Water and Sewer Improvement District, a Utah special service district, 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.
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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.
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:
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1. There exists approximately one-mile east of Huntsville in Weber County, Utah, a drinking
water system, known as the Green Hills Country Estates Water and Sewer Improvement
District Public Water System (the “System”) that serves a population of approximately 237
persons. The System generally includes three active concrete storage tanks, a booster
pumping station, two wells, and an independent distribution system serving approximately
103 residential connections.
2. 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.
3. 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.
4. The System qualifies as a community water system under the Utah Public Drinking Water
Rules. The maximum number of points allowed for this type of system is 150.
5. The IPS Report attached 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 IPS Report.
6. The U.S. Environmental Protection Agency (EPA) and Utah Division of Drinking of
Drinking Water ’s limit for groundwater source turbidity is 5 nephelometric turbidity units
(NTU). This standard is designed to limit turbidity concentration in drinking water to
protect public health.
7. Turbidity is a measure of water ’s haziness. Turbid water is more likely to contain
disease-causing microorganisms, including pathogens responsible for gastrointestinal
illnesses, such as Cryptosporidium and Giardia . These microorganisms can cause diarrhea,
cramps, and other health problems if ingested.
8. Utah Division of Drinking Water Rule R309-205-8 requires that if a groundwater source
sample exceeds the 5 NTU turbidity limit, the Supplier is required to collect three
additional samples at the source within one month of the initial sample. When the average
of these four sample analyses (rounded to the same number of significant figures) exceeds
the maximum turbidity limit, the Supplier is required to provide public notice as outlined
in R309-220, and the Director may reclassify the water type, require raw water treatment
as described in R309-525 or R309-530, and/or require additional monitoring.
9. The Utah Division of Drinking Water was informed of colored water complaints in March
of 2022. Sampling conducted by the System to investigate the cause of these complaints
resulted in turbidity measurements of 45 NTU at WS002, with the required three
follow-up samples resulting in turbidity measurements significantly above 5 NTU. As a
result, WS002 was reclassified as requiring filtration. Since March of 2022, the System
has been conducting regular turbidity monitoring of WS002.
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10. The Supplier (WS002) has been diligently monitoring turbidity levels in its water supply.
The results for turbidity (measured in NTU) over the past year are as follows: March 2,
2022, 45 NTU; April 13, 2022, 14 NTU; April 20, 2022, 19 NTU; April 22, 2022, 27
NTU; May 17, 2022, 16 NTU; June 22, 2022, 51 NTU; July 27, 2022, 13 NTU; August
10, 2022, 20 NTU; September 26, 2022, 1.3 NTU; October 31, 2022, 5.2 NTU; November
8, 2022, 3.3 NTU; December 20, 2022, 47 NTU; January 25, 2023 26 NTU; February 26,
2023, 73 NTU; March 26, 2023, 43 NTU; April 17, 2023, 21 NTU; May 22, 2023, 28
NTU; June 20, 2023 16 NTU; July 26, 2023 7.8 NTU; August 9, 2023, 28 NTU; and
September 27, 2023, 16 NTU.
11. The U.S. Environmental Protection Agency (EPA) and Utah Division of Drinking Water ’s
Maximum Contaminant Level (MCL) for Gross-Alpha radioactivity is 15 picocuries per
liter (pCi/L). This standard is designed to limit the concentration of alpha particle-emitting
radionuclides in drinking water to protect public health. Excessive levels of gross alpha
particles in drinking water, surpassing the Maximum Contaminant Level (MCL)
established by the U.S. Environmental Protection Agency and the Utah Division of
Drinking Water, can have adverse health effects.
12. Gross alpha particles primarily consist of radioactive materials and pose a risk of internal
radiation exposure when consumed. Prolonged exposure to these particles is associated
with an increased risk of cancer, particularly bone cancer. Additionally, these substances
can harm the kidneys and other vital organs in the body, leading to various health
complications. Therefore, maintaining water quality within permissible limits is essential
to safeguard public health. For systems monitoring gross-alpha more than once per year,
compliance with MCL is determined on the annual average of individual sample results
R309-205-7(3)(i).
13. The System began monitoring quarterly for Gross Alpha at Well #2 (WS002) on May 14,
1997. A sample taken on September 26, 2022, measured 15.9 pCi/L, exceeding the
established MCL. The Director increased the system’s Gross Alpha sampling to quarterly.
14. Samples taken on January 25, 2023, May 22, 2023, and July 1, 2023, yielded 16.7 pCi/L,
17.4 pCi/L, and 29.9 pCi/L, respectively. These results constitute an annual average of 20
pCi/L, which exceeds the established MCL.
ORDER
Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing,
IT IS HEREBY ORDERED as follows:
15. Attached hereto as an Enforcement Order Schedule – UTAH29053-2023 (“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
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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.
16. 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.
17. The Supplier agrees to provide Tier II Public Notice to residents consistent with
R309-220-6. The Supplier agrees to provide proof of public notification to the Director by
the 10th day of the month following the relevant quarter. In accordance with R309-220-6,
within 30 days of this Order, the Supplier must provide notice of the violation listed in the
Enforcement Order Schedule and IPS Report via:
(a) Direct contact with customers by at least one of the following methods:
(i) email;
(ii) phone calls (automated or personal);
(iii) text message; or
(iv) 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:
(i) television;
(ii) social media (Facebook, Instagram, Twitter, etc.);
(iii) posting on the Water System’s website;
(iv) posting in conspicuous locations throughout the water system (will
need to select a second method); or
(v) a press release.
Please note that all violations that occurred in 2023, including the gross-alpha MCL, must
also be included in the Supplier ’s Consumer Confidence Report for 2023, which is due to
be delivered to the System’s community by July 1, 2024.
18. 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 Gross
Alpha MCL in R309-200-5(4)(c) and turbidity exceedance. 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 Gross Alpha MCL and
turbidity exceedance. 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.
19. The schedule required by paragraph 18 above will be incorporated into this Order as an
enforceable requirement upon written approval by the Director.
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20. Within 90 days of receipt of the Director ’s approval of the schedule required by paragraph
18 above, the Supplier shall provide the Director with quarterly reports on the progress
made toward bringing the System into compliance with the requirements of
R309-200-5(4)(c). Each quarterly report is due by the 10th day of the month following the
end of the relevant quarter.
21. Within 10 days of completing all tasks included in the schedule required by paragraph 18
above, the Supplier shall notify the Director of the project's completion.
22. The Supplier must achieve and maintain compliance with the Gross Alpha 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.
23. This Order shall be binding on the Supplier and any person ( e.g., employee, contractor, or
other agent) acting in concert with the Supplier.
24. 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]
GENERAL PROVISIONS
25. Based on this CA/EO, the Director hereby rates the System as “Corrective Action” status.
The “Corrective Action” rating is conditioned upon the 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.
26. 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.
27. 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
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$1,000 31st day and beyond
28. 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.
29. 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.
30. 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.
31. 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.
32. The date of issuance shall be the date that this CA/EO is executed by the Director.
33. 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.
34. 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.
35. 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
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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.
36. 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.
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:
Name:
Title:
DATE:
GREEN HILLS COUNTRY ESTATES WATER
AND SEWER IMPROVEMENT DISTRICT
By:
Name:
Title:
DATE:
8
Jean M. Brill (Dec 4, 2023 13:09 MST)
Jean M. Brill
Jean M. Brill
Treasurer & General Manager
12/04/2023
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12/04/2023
Enforcement Order Schedule UTAH29053-2023
System Name: Green Hills Country Estates
System Number: UTAH29053
Administrative Contact: Jean Brill
Email: [e-mail]
Phone Number: 801-710-5842
Corrective Action Requirements and Due Dates
Date of Issuance:________________________
Well #2, WS002
Item #1 Code Facility Deficiency Rule Citation
02 WS002 MCL, Average R309-205-7(3)(c)(i)
Violation Number Period Analyte
2024-4035952 01/01/2023 - 03/31/2023 RAD1-Gross-Alpha
Corrective Action Completion Due Date
Submit documentation showing the plan required paragraph
18 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.
Item #2 Code Facility Deficiency Rule Citation
02 WS002 MCL, Average R309-205-7(3)(c)(i)
Violation Number Period Analyte
2024-4035951 04/01/2023 - 06/30/2023 RAD1-Gross-Alpha
Corrective Action Completion Due Date
Submit documentation showing the plan required paragraph
18 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.
Item #3 Code Facility Deficiency Rule Citation
02 WS002 MCL, Average R309-205-7(3)(c)(i)
Violation Number Period Analyte
2024-4035948 07/01/2023 - 09/30/2023 RAD1-Gross-Alpha
Corrective Action Completion Due Date
9
12/04/2023
Submit documentation showing the plan required paragraph
18 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.
Item #4 Code Facility Deficiency Rule Citation
42 WS002 Failure To Provide GWR Treatment R309-205-8(2)
Violation Number Period Analyte
2024-4035953 10/01/2023- Turbidity
Corrective Action Completion Due Date
Submit documentation showing the plan required paragraph
18 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.
Distribution System, DS001
Item #5 Code Facility Deficiency Rule Citation
S033 DS001 Com System Without Naturally Flowing
Sources Lacks Backup Power For At
Least One Water Source
R309-515-6(2)
Corrective Action Completion Due Date
Submit documentation showing the water system has
adequate backup power for at least one active water source.
By July 1, 2024
IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER
By:
Name:
Title:
DATE:
DATE:
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Nathan Lunstad (Dec 4, 2023 16:59 MST)
Interim Director
12/04/2023
Nathan Lunstad
GREEN HILLS COUNTRY ESTATES WATER
AND SEWER IMPROVEMENT DISTRICT
By:
Name:
Title:
DATE:
11
Jean M. Brill (Dec 4, 2023 13:09 MST)
Jean M. Brill
Treasurer & General Manager
Jean M. Brill
12/04/2023