DDW-2024-007939

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.
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
January 19, 2024

Dell Taylor Family Trust Water System
℅ Matt Taylor
Dell Taylor Family Trust
4631 Wind Drift Bay
West Jordan, UT 84088

Subject: Administrative Order: “Not Approved” Rating Determination for Dell Taylor Family Trust
Water System UTAH25077

Dear Matt Taylor:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable drinking
water and to protect public health. The Dell Taylor Family Trust Water System is in significant non-
compliance with its obligations under the Utah Safe Drinking Water Act and the Utah Drinking Water Rules
as well as the Federal Safe Drinking Water Act. Therefore, the Division of Drinking Water must downgrade
the rating of the Dell Taylor Family Trust water system to “Not Approved” status in accordance with the Utah
Drinking Water Rules.

Enclosed is the Administrative Order: “Not Approved” Rating Determination. I encourage you to contact
me or my staff and to take the steps necessary to return to compliance as soon as possible.

Sincerely,

Nathan Lunstad, P.E.
Director, Division of Drinking Water

cc: Matt Taylor, Dell Taylor Family Trust Water System, [e-mail]
Daymon Swenson, Utah County Health Department, [e-mail]
Chris Martin, Division of Drinking Water, [e-mail]
Christopher Brown, Environmental Protection Agency-Region 8, [e-mail]
Deidre Beck, Division of Drinking Water, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS
Bret F. Randall, Assistant Attorney General, [e-mail] -or Elizabeth
A. Burns, Assistant Attorney General, [e-mail] Kim Shelley,
Utah Department of Environmental Quality, [e-mail]
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION (“Order”),
relating to the Dell Taylor Family Trust Water System (the “System”), has been issued by the Director
of the Utah Division of Drinking Water (“Director”) based on the authorities and findings provided
herein. Notice of this Order is being provided to the Dell Taylor Family Trust as the “Supplier” 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, 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 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,

Docket No. UTAH25077-2023-1
ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING
DETERMINATION

In the Matter of:

Dell Taylor Family Trust Water System
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 civil penalty of up to $5,000 per day of violation.

FINDINGS

Based on information in the Division’s administrative files, the Director makes the following Findings for
purposes of this Order:

15. There exists in Utah County, Utah, a drinking water system, known as the Dell Taylor Family
Trust Water System (the “System”) that serves a population of approximately 25 persons. The
System generally includes a groundwater spring, storage tank, and an independent distribution
system supplying 15 service connections.

16. On April 1, 2018, the Director and the Supplier entered into a final formal Compliance Agreement
Enforcement Order (CA/EO). In this agreement, the Supplier agreed to meet deadlines and
milestones toward compliance. To date, the Supplier has not met the conditions of that agreement
and is in default with the CA/EO. This Not Approved Administrative Order is an escalation of
enforcement and is necessary to ensure compliance and protect the health of residents of the
System.
17. On July 13, 2023, Utah Division of Drinking Water Engineer Chris Martin conducted a Sanitary
Survey of the system and identified multiple significant deficiencies. These deficiencies are
listed in the attached Master IPS Report.

18. Uncorrected significant deficiencies in drinking water systems pose a serious risk to public
health by potentially compromising the safety and quality of the water supply. These deficiencies
might encompass issues related to infrastructure, treatment processes, operational procedures, or
water quality monitoring. Failure to address these deficiencies could result in the contamination
of drinking water, leading to the presence of harmful substances, pathogens, or inadequate
disinfection, which could cause waterborne diseases and health problems among consumers.
Uncorrected deficiencies may also lead to distribution system issues, such as leaks or
cross-connections, further jeopardizing water quality. Timely identification and rectification of
significant deficiencies are essential to ensure the provision of safe and clean drinking water to
protect public health.

19. The Supplier 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. The Supplier
qualifies as a “person” within the meaning of the Utah Safe Drinking Water Act and the Utah
Public Drinking Water Rules.

20. The System qualifies as a Transient Non-Community system under the Utah Public
Drinking Water Rules. The maximum number of points allowed for this type of system is
100.

21. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System has
been assigned 765 points. This number exceeds the threshold provided in the IPS Rule. The
Master IPS Report is incorporated herein by this reference.

22. The Director hereby ratifies and adopts the violations and deficiencies reflected in the Master
IPS Report, along with all previous actions by the Division that relate to such violations and
deficiencies. Such actions include sanitary surveys, notices of violation, and the assessment of
points for such violations and deficiencies, all as reflected in the Division’s administrative files
relating to the System.

23. Prior to issuing this Order, the Director provided the Supplier with notice of the System’s
then-current Master IPS report and afforded the Supplier with an opportunity to provide any
rebuttal or objections to the Director for consideration. Despite these notices, the Supplier
has failed to reduce the System point assessments below the threshold.

ORDER

Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as follows:

24. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water Rules.

25. The Supplier shall provide a Tier II public notice of the substance of this Order (specifically, the
Director’s rating of the System as “Not Approved”), pursuant to UAC R309-100-8(1) and
R309-220-6(3), as follows:
(a) Such notice shall be provided to each and every customer related to the System (or who
otherwise receives a bill for water service). Such notice must be reasonably calculated to
provide actual notice to such persons and may be provided through mail or direct delivery,
hand delivery, publication in a local newspaper, posting in public places served by your
system, or the System or Supplier’s website, if applicable.

(b) Such notice shall be provided to the health department with jurisdiction over the System.

(c) For each 90-day period that the System is rated as “Not Approved,” the Supplier shall provide
repeat notices to all consumers served by the System, in accordance with the schedule
applicable to Tier II notices.

26. In accordance with UAC R309-105-16(3), within 10 days of completing the public notification
requirements described above (for the initial public notice and any repeat notices), the Supplier
shall submit to the Director a certification that it has fully complied with the notice requirements
described above. Such certification shall include a representative copy of each type of notice
distributed, published, posted, and made available in accordance with this Order.

27. Attached hereto as Exhibit B is a preliminary Enforcement Order Schedule – UTAH25077
(“Enforcement Order Schedule”) listing the violations and deficiencies associated with the
System. Within 30 days of the Date of Issuance, the Supplier shall submit to the Director a
complete Enforcement Order Schedule describing in detail the specific corrective actions the
Supplier shall undertake in order to resolve the violations and deficiencies as described in the
Master IPS Report, including the dates when such actions are expected to be completed. The
Director may pursue other enforcement actions in order to resolve the violations and deficiencies
described in the attached Master IPS Report, together with any other accrued violations and
deficiencies.

GENERAL PROVISIONS

28. 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.

29. 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.

30. The Date of Issuance shall be the date that this Order is signed by the Director.

31. The dates set forth in the Order section of this Order 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 w illfulness 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

This Order is effective immediately and shall become final unless the Supplier contests its validity or
correctness in writing within thirty (30) days of the date of its issuance. See Utah Code § 63G-4-
102(2)(k). The validity or correctness of 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 the
validity or correctness of 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 period provided operates waives any right of the
administrative contest, reconsideration, review or judicial appeal. An extension is only available under
UAC R305-7.

To contest the validity or correctness of 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 Director must
receive the Supplier’s written Request for Agency Action within 30 days of the date of issuance of this Order.
The written Request to the Director should be addressed to Nathan Lunstad,
P.O. Box 144830, Salt Lake City, UT 84114-4830. Initiation of an appeal proceeding via email or fax is
not permitted.

IT IS SO ORDERED.

DATED this 19th day of January 2024.

DIVISION OF DRINKING WATER

By:
Nathan Lunstad, P.E.
Director

Exhibit B
Enforcement Order Schedule UTAH25077-A01

System Name: Dell Taylor Family
Trust System Number: UTAH25077
Administrative Contact: Matt Taylor
Email: [e-mail]
Phone Number:

Corrective Action Requirements and Due Dates
Date of Issuance: January 19, 2024

Distribution System, DS001

Item
#1
Code Facility Deficiency Rule Citation
G001 DS001 Unapproved facility in service R309-100-5(2), R309-500-6,
R309-500-9, R309-500-9(2) &
(3)
Recommended Corrective Action Completion Due Date
System will get proper approval and operating permits for
the facility in service
Within 365 days of of the date of
Issuance of this order

Steel Tank, (ST001)
Item
#2
Code Facility Deficiency Rule Citation
V010 ST001 Storage tank lid not shoebox style R309-545-14(2)
Recommended Corrective Action Completion Due Date
Ensure that the storage tank lid has a shoebox style lid Within 120 days of of the date of
Issuance of this order
Item
#3
Code Facility Deficiency Rule Citation
V012 ST001 End of storage tank overflow pipe
lacks a No. 4 screen
R309-545-13(3)
Recommended Corrective Action Completion Due Date
Ensure that the storage tank overflow pipe has a No.4
screen
Within 90 days of of the date of
Issuance of this order

UDOT West Tank (ST002)
Item
#4
Code Facility Deficiency Rule Citation
V005 ST002 Storage facility vent not downturned
at least 2 inches below any opening
R309-545-15(1)
Recommended Corrective Action Completion Due Date
Ensure that the storage facility vent is downturned at least
2 inches below any opening
Within 120 days of the date of
Issuance of this order

Item
#5
Code Facility Deficiency Rule Citation
G001 ST002 Unapproved facility in service R309-100-5(2), R309-500-6,
R309-500-9, R309-500-9(2) &
(3)
Recommended Corrective Action Completion Due Date
System will get proper approval and operating permits for
the facility in service
Within 365 days of the date of
Issuance of this order

Item
#6
Code Facility Deficiency Rule Citation
V012 ST002 End of the Storage tank overflow
pipe lacks a No. 4 Screen
R309-545-13(3)
Recommended Corrective Action Completion Due Date
Ensure that the storage tank overflow pipe has a No.4
screen
Within 90 days of the date of
Issuance of this order

UDOT East Tank (ST003)
Item
#7
Code Facility Deficiency Rule Citation
V005 ST003 Storage facility vent not downturned
at least 2 inches below any opening
R309-545-15(1)
Recommended Corrective Action Completion Due Date
Ensure that the storage facility vent is downturned at least
2 inches below any opening
Within 120 days of of the date of
Issuance of this order

Item
#8
Code Facility Deficiency Rule Citation
G001 ST003 Unapproved facility in service R309-100-5(2), R309-500-6,
R309-500-9, R309-500-9(2) &
(3)

Recommended Corrective Action Completion Due Date
System will get proper approval and operating permits for
the facility in service
Within 365 days of of the date of
Issuance of this order

Item
#9
Code Facility Requirement Rule Citation
V012 ST003 End of Storage tank overflow pipe
lacks a No. 4 Screen
R309-545-13(3)
Recommended Corrective Action Completion Due Date
Ensure that the storage tank overflow pipe has a No.4
screen
Within 90 days of of the date of
Issuance of this order

Private Spring (WS001)
Item
#10
Code Facility Requirement Rule Citation
S001 WS001 Unapproved Source in service R309-515-6(5), R309-515-7(4),
R309-500-9(2) & (3)
Recommended Corrective Action Completion Due Date
System will get proper approval and operating permits for
the source in service
Within 365 days of of the date of
Issuance of this order

Item
#11
Code Facility Requirement Rule Citation
SP06 WS001 New Water Source lacks approved
PER
R309-600-13, R309605-9
Recommended Corrective Action Completion Due Date
System will get proper PER for the source Within 365 days of of the date of
Issuance of this order
IT IS SO ORDERED.

DIVISION OF DRINKING WATER

By:
Nathan Lunstad, P.E.
Director

DATE: January 19, 2024

CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Not Approved” Rating Determination
for Dell Family Trust Dell Taylor Family Trust Water System Water System UTAH25077 via
registered mail to the following:

Dell Taylor Family Trust REGISTERED MAIL #
Matt Taylor
4631 Wind Drift Bay
West Jordan, UT 84088

Dell Taylor Family Trust REGISTERED MAIL #
5511 N 2000 W
St. George, UT 84770

Utah Department of Transportation REGISTERED MAIL #
Attn: CJ Connor
4501 S 2700 W
Salt Lake City, UT 84114

Name

Date