DDW-2024-007940

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

Pole Patch Water
Tyson Jackson, Administrative Contact
3335 N. 250 W.
North Ogden, UT 84414

Subject: Administrative Order: “Not Approved” Rating Determination for Pole Patch Landowners
Association, Inc. Water System UTAH29107

Dear Tyson Jackson:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable drinking
water and to protect public health. The Pole Patch Landowners Association, Inc. 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 Pole Patch Landowners Association Inc. 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: Tyson Jackson, Pole Patch Water System, [e-mail]
Scott Braeden, Weber-Morgan Health Department, [e-mail]
Cameron Draney, Division of Drinking Water, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
Christopher Brown, Environmental Protection Agency -Region 8, [e-mail]
Melissa Noble, Division of Drinking Water, [e-mail]
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]
EQDWMonitoring, EQDWCOA, and EQDWFS

1

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Pole Patch Water System

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING DETERMINATION

Docket No. UTAH29107-2024-1

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION (“Order”),
relating to the Pole Patch 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 Pole Patch Landowners Association Inc., a Utah non-profit corporation, 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,

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
Based on information in the Division’s administrative files, the Director makes the following Findings for
purposes of this Order:
15. There exists approximately North Ogden in Weber County, Utah, a drinking water system known
as the Pole Patch Water System (the “System”) that serves a population of approximately 70
persons. The System generally includes a single source consisting of a consecutive wholesale
connection to Utah Public Drinking Water System Pleasant View Water System (UTAH29014),
two concrete ground storage tanks totaling approximately 165,000 gallons of finished water
storage, a pump station, and an independent distribution system supplying 27 residential service
connections.
16. This Not Approved Administrative Order is necessary to ensure compliance and protect the health
of users of the Pole Patch Water System.

17. On September 02, 2022, a Utah Department of Environmental Quality Engineer conducted a
Sanitary Survey of the system and identified multiple significant deficiencies. Among these
deficiencies are not having backup power for the sources and several months of missed chlorine
residual samples. These deficiencies are listed in the attached Master IPS Report.
18. 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.
19. 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.
20. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System has been
assigned 135 points.
21. It is essential for a community water system with a single source to have backup power for its
source. In the event of a power outage, the source may become compromised, leading to a
disruption in water distribution and outages, potentially leading to pressure events and allowing
greater vulnerability for contamination and waterborne pathogens to enter the distribution system.
22. Monitoring monthly residual chlorination in a drinking water system is crucial to ensure the
ongoing safety and quality of the water supply and, consequently, protect public health. Regular
monitoring of residual chlorination levels allows water operators to verify that an adequate amount
of chlorine remains in the water distribution system. This residual chlorine is essential because it
continues to disinfect the water as it travels through pipelines, ensuring it remains free from harmful
pathogens.
23. 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.
24. 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:
25. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water Rules.
26. 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.
27. 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.
28. Attached hereto as Exhibit B is a preliminary Enforcement Order Schedule – UTAH29107
(“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. If the Director finds that the
Supplier’s Enforcement Order Schedule submission is adequate and reasonable to ensure
compliance, the Director will attempt to negotiate a form of Not Approved Order (“NAO”) that is
acceptable to the Director. If negotiations are not successful or if the Supplier fai ls to submit a
timely or complete Enforcement Order Schedule, 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

29. This Order 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.
30. 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.
31. The Date of Issuance shall be the date that this Order is signed by the Director.
32. 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 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

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 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 Supplier’s
written Request for Agency Action must be received by the Director 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 UTAH29107-a01

System Name: Pole Patch Homeowners Association Inc.
System Number: UTAH29107
Administrative Contact: Tyson Jackson
Email: [e-mail]
Phone Number: 801-668-6989

Corrective Action Requirements and Due Dates
Date of Issuance: January 18, 2024

Pump Station 1, (PF001)

Item
#1
Code Facility Deficiency Rule Citation
S033 PF001 Community system without naturally
flowing sources lacks backup power
for at least one source.
R309-515-6(2)(a)
Recommended Corrective Action Completion Due Date
Ensure there is backup power for the source. 07/01/2024

Monitoring Violations
Item
#2
Violation
code
Requirement Rule Citation
36 Failure to monitor and report
distribution system chlorine residuals
R309-210-4
Recommended Corrective Action Completion Due Date
Submit missing chlorine residuals and continuously
monitor and report chlorine residuals.
For the duration of this order.

IT IS SO ORDERED AND AGREED.
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 Pole Patch Homeowners Association Inc. Water System UTAH29107 via registered mail to the
following:

Pole Patch Water System

REGISTERED MAIL #
Tyson Jackson, Administrative Contact
3335 N. 250 W.
North Ogden, UT 84414

Pole Patch Landowners Association Inc.

REGISTERED MAIL #
John Sears, Registered Agent
14616 Juniper View Dr
PO Box 618
Riverton, UT 84065

__________________________________
Name

__________________________________
Date