DDW-2024-007941

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

Amalga Town Water
℅ Rick Fonnesbeck
6590 North 2400 West
Amalga, UT 84335
Subject: Administrative Order: “Not Approved” Rating Determination for Amalga Town Water
System UTAH03002

Dear Rick Fonnesbeck:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable
drinking water and to protect public health. The Amalga Town 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 Amalga Town 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: Rick Fonnesbeck, Amalga Town Water, [e-mail]
Ben Harker, Bear River Health Department, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
Cameron Draney, P.E. Division of Drinking Water, [e-mail]
Christopher Brown, Environmental Protection Agency -Region 8, [e-mail]
Melissa Noble, 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]

1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Amalga Town Water System

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING DETERMINATION

Docket No. UTAH02058-2024-1

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION (“Order”),
relating to the Amalga Town 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 Amalga Town Water, a Utah municipality and political subdivision, 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

2
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 three miles north-northwest of Smithfield in Cache County, Utah, a
public drinking water system known as the Amalga Town Water System (the “System”) that
serves a population of approximately 500 persons. The System generally includes five
groundwater wells, two concrete storage tanks, and an independent distribution system supplying
156 residential service connections.
16. On November 16, 2023, the Director issued a compliance advisory offering the Supplier
pathways to voluntarily comply with drinking water rules and regulations and offering means to
avoid a Not Approved rating. To date, the Supplier has not responded to this letter. This Not
Approved Administrative Order is to ensure compliance and protect the health of users of the
Amalga Town Water System.

3
17. The Division of Drinking Water conducted a Compliance Assessment on March 24, 2023,
confirming the supplier has not provided evidence of a Direct Responsible Charge Operator as
required by UAC R309-105-11 and R309-300-5(3).
18. On December 08, 2021, Utah Department of Environmental Quality employees conducted a site
visit survey of the system and identified multiple significant deficiencies. Among these is the
significant deficiency of not having a certified operator. These deficiencies are listed in the
attached Master IPS Report.
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 community system under the Utah Public Drinking Water Rules. The
maximum number of points allowed for this type of system is 150.
21. For the reasons stated in the Master IPS Report, attached hereto as Exhibit A, the System has
been assigned 205 points. This number exceeds the threshold provided in the IPS Rule. The
Master IPS Report is incorporated herein by this reference.
22. When a public water system does not maintain a certified operator to oversee system operations,
it can pose a significant health risk to the health and safety of the water supply. Certified
operators play a crucial role in ensuring water treatment is conducted properly, maintaining water
quality standards, and monitoring for potential contaminants. Without their expertise, there's an
increased likelihood of operational errors and risks to public health.
23. The Consumer Confidence Report (CCR) serves as a critical report for customers of a water
system. The CCR provides essential information about the quality of their drinking water. It
details the water source, detected contaminants, compliance with regulatory standards, and
potential health risks associated with any findings. By offering transparent and accessible
information, the CCR empowers consumers with the knowledge needed to make informed
decisions about their water usage. It not only ensures compliance with regulations but also
upholds the public's right to be informed about the safety and quality of their drinking water. The
CCR enhances public awareness of any potential health risks associated with water consumption
and emphasizes the water system's accountability and commitment to providing safe and reliable
drinking water.
24. 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.
25. 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.

4
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as follows:
26. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water Rules.
27. 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.
28. 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.
29. Attached hereto as Exhibit B is a preliminary Enforcement Order Schedule – UTAH03002
(“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 Compliance
Agreement / Enforcement Order (“CA/EO”) that is acceptable to the Director. If negotiations are
not successful or if the Supplier fails 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

30. 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.
31. 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.

5
32. The Date of Issuance shall be the date that this Order is signed by the Director.
33. 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.

6
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 UTAH03002-a01

System Name: Amalga Town Water
System Number: UTAH03002
Administrative Contact: Rick Fonnesbeck
Email: [e-mail]
Phone Number: 435-770-8263
Corrective Action Requirements and Due Dates
Distribution System, DS001

Item
#1
Code Facility Deficiency Rule Citation
C001 DS001 System direct responsible charge
operators not certified at the required
level
R309-105-11, R309-300-5(3)
Recommended Corrective Action Completion Due Date
System needs to obtain a small system operator and DRC Within 365 days of this order

Reporting Violations

Item
#2
Code Compliance Date Violation Rule Citation
71 07/01/2023 CCR Report R309–225-4, R309-225-7
Recommended Corrective Action Completion Due Date
System must compile and distribute an adequate
Consumer Confidence Report (CCR) for the reporting
year 2022.
Within 60 days of the date of
issuance of this order.

Item
#3
Code Compliance Date Violation Rule Citation
72 10/02/2023 CCR
Adequacy/Availability/Content
R309–225-4, R309-225-7
Recommended Corrective Action Completion Due Date
System must send a letter to the director certifying the Supplier
distributed the 2022 Consumer Confidence Report to all
residents via direct delivery and that the report meets all
applicable requirements.
Within 90 days of the date
of issuance of this order.

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Nathan Lunstad, P.E.

Director

DATE: ___________________________________

January 19, 2024

1

CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Not Approved” Rating Determination
for Amalga Town Water System UTAH03002 via registered mail to the following:

Rick Fonnesbeck

REGISTERED MAIL #
Administrative Contact
Amalga Town Water
6590 North 2400 West
Amalga, UT 84335

Shantrell Ritter

REGISTERED MAIL #
Town Clerk
Amalga Town
6590 North 2400 West
Amalga, UT 84335

__________________________________
Name

__________________________________
Date