DDW-2024-007945

March 27, 2024
Bruce Jacob VanDyke
Lyman Water System
26 E 400 S PO Box 42
Lyman, UT 84749
Subject: Administrative Order: “Not Approved” Rating Determination for Lyman Water System
UTAH28005
Dear Bruce VanDyke:
Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable drinking
water and to protect public health. The Lyman 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 Lyman 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: Bruce VanDyke, 26 E 400 S PO Box 42, Lyman, UT 84749
Bruce Van Dyke, Lyman Water System, [e-mail]
Eric Larsen, Central Utah Health Department, [e-mail]
John Chartier, P.E. District Engineer, Division of Drinking Water, [e-mail]
Christopher Brown, Environmental Protection Agency-Region 8, [e-mail]
Melissa Noble, Source Protection, [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]
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
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Lyman Water System
ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING DETERMINATION
Docket No. UTAH28005-2024-1
This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION (“Order”),
relating to the Lyman 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 Lyman Water System, 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,
1
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 Wayne County, Utah, a drinking water system known as the Lyman Water System
(the “System”) that serves a population of approximately 225 persons. The System generally
includes three groundwater springs, concrete storage tank, and an independent distribution system
supplying 160 service connections.
16. 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.
17. 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.
2
18. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System has been
assigned 180 IPS points. This number exceeds the threshold provided in the IPS Rule. The Master
IPS Report is incorporated herein by reference.
19. 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.
20. 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:
21. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water Rules.
22. 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.
23. 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.
24. Attached hereto as Exhibit B is a preliminary Enforcement Order Schedule – UTAH28005
(“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
3
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
25. 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.
26. 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.
27. The Date of Issuance shall be the date that this Order is signed by the Director.
28. 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 §
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.
4
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 27 day of March , 2024.
DIVISION OF DRINKING WATER
By:
Nathan Lunstad, P.E.
Director of Drinking Water
5
Exhibit B
Enforcement Order Schedule UTAH28005-a01
System Name: Lyman Water System
System Number: UTAH28005
Administrative Contact: Bruce VanDyke
Email: [e-mail]
Phone Number: 435-836-3020
Corrective Action Requirements and Due Dates
Distribution System, DS001
Item
#1
Code Facility Deficiency Rule Citation
C001 DS001 System direct responsible charge
operator not certified at the required
level
R309-105-11, R309-300-5(3)
Requirements to come into Compliance Due Date
System will obtain proper operator certification Within 90 days of Date of
Issuance of this Order
Monitoring Violations
Item
#2
Code Facility Requirement Rule Citation
52 DS001 Submit proper Lead and Copper
samples
R-309-210-3
Requirements to come into Compliance Due Date
System needs to take required Lead and Copper samples June 1, 2024 - September 30,
2024
Item
#3
Code Facility Requirement Rule Citation
27 DS001 Submit proper Disinfection
Byproduct (DBP) samples
R309-210-10
Requirements to come into Compliance Due Date
System needs to take required DBP samples. Samples must be collected during
the July 1 - September 30, 2024,
monitoring period and results
must be reported to the Division
by no later than October 10,
2024.
IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER
By:
Nathan Lunstad, P.E.
Director of Drinking Water
DATE: March 27, 2024
CERTIFICATE OF SERVICE
I certify that I served a copy of Administrative Order: “Not Approved” Rating Determination
for Lyman Water System UTAH28005 via certified mail to the following:
Bruce Jacob Vandyke CERTIFIED MAIL #
Registered Agent
26 E 400 S
Lyman, UT 84749
__________________________________
Name
__________________________________
Date