DDW-2024-007947

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.
Interim Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
December 20, 2023

Foothill Water Users Association
℅ Stephen Brown
2268 N Cottontail Dr
Cedar City, UT 84720
Subject: Administrative Order: “Not Approved” Rating Determination for Foothill Water Users
Association Water System UTAH11099

Dear Stephen Brown:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable
drinking water and to protect public health. The Foothill Water Users Association 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 Foothill Water Users Association 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.
Interim Director, Division of Drinking Water

cc: Stephen Brown, Foothill Water Users Association, [e-mail]
Jeremy Roberts, Southwest Utah Health Department, [e-mail]
Paul Wright, P.E. District Engineer, [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

In the Matter of:

Foothill Water Users Association Water
System

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING DETERMINATION

Docket No. UTAH11099-2023-1

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION (“Order”),
relating to the Foothill Water Users Association 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 Foothill Water Users Association, 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

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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 approximately three miles north-northeast of the Town of Paragonah in Iron County,
Utah, a drinking water system, known as the Foothill Water Users Association Water System (the
“System”) that serves a population of approximately 28 persons. The System generally includes a
groundwater well, a 140,000-gallon steel storage tank, and an independent distribution system
supplying thirteen residential service connections. .
16. On June 6, 2022, the Director and the Supplier entered into a final formal Compliance
Agreement/Enforcement Order. 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 Compliance Agreement/Enforcement Order. This Not Approved
Administrative Order is an escalation of enforcement and is necessary to ensure compliance and
to protect the health of residents of the Foothill Water Users Association.

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17. On September 21, 2021, Utah Department of Environmental Quality District Engineer Paul
Wright conducted a Sanitary Survey of the system and identified multiple significant deficiencies.
Among these deficiencies are defects allowing for direct contamination, including pathways for
untreated surface water to enter the distribution system. These deficiencies are listed in the
attached Master IPS Report.
18. Direct pathways for untreated surface water to infiltrate a drinking water system pose a
significant risk to public health due to the potential introduction of contaminants. Untreated
surface water, when directly connected or allowed to enter the drinking water system, can carry
various pollutants, including pathogens, organic matter, chemicals, and debris. These
contaminants may compromise the quality of the drinking water supply, making it unsafe for
consumption. Pathogens present in untreated surface water, such as bacteria, viruses, or parasites,
can cause waterborne diseases, leading to gastrointestinal illnesses and other health issues among
individuals exposed to the contaminated water. Preventing untreated surface water from accessing
the drinking water system is crucial in safeguarding public health by minimizing the risk of
waterborne illnesses and ensuring the delivery of safe and clean drinking water to communities.
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 835 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:

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(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 – UTAH11099
(“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.
28. The system must provide a boil order notification to its consumers until the system provides clean
coliform samples for at least 120 days.
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 against Supplier,
including 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

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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 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 20th day of December 2023.

DIVISION OF DRINKING WATER

By:

Nathan Lunstad, P.E.

Interim Director

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Exhibit B
Enforcement Order Schedule UTAH11099-a01

System Name: Foothill Water Users Association
System Number: UTAH11099
Administrative Contact: Stephen Brown
Email: [e-mail]
Phone Number: 435-559-0434

Corrective Action Requirements and Due Dates

Distribution System, DS001

Item
#1
Code Facility Deficiency Rule Citation
G001 DS001 The system has an unapproved
facility in service
R309-100-5(2), R309-500-6,
R309-500-9(2) and (3)
Corrective Action Completion Due Date
The Supplier shall submit documentation showing an
operating permit has been issued for all active facilities.
April 30, 2025

Item
#2
Code Facility Deficiency Rule Citation
S033 DS001 Community system without naturally
flowing sources lacks back-up power
for at least one water source.
R309-515-6(2)(a)
Corrective Action Completion Due Date
The Supplier shall submit documentation showing an
adequate back-up power supply.
April 30, 2025

140 K Gallon Tank, ST001
Item
#3
Code Facility Deficiency Rule Citation
V022 ST001 Storage tank roof or side walls show
signs of severe deterioration
R309-545-6(1) and 545-9(1)
Corrective Action Completion Due Date
Submit documentation showing tank meets standards. April 30, 2025
Item
#4
Code Facility Deficiency Rule Citation
V017 ST001 Storage tank subject to contamination
due to unsealed openings on the tank
roof or sidewalls
R309-545-6(1) and 545-9

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Corrective Action Completion Due Date
Submit documentation showing the tank meets standards. April 30, 2025

Item
#5
Code Facility Deficiency Rule Citation
V009 ST001 Storage tank lid lacks a functioning
gasket between the lid and frame
R309-545-14(2)
Corrective Action Completion Due Date
Submit documentation showing that the storage tank lid
has an adequate gasket.
May 1, 2024

Item
#6
Code Facility Deficiency Rule Citation
V029 ST001 Storage tank access opening lacks a
lock
R309-545-14(3)
Corrective Action Completion Due Date
The Supplier shall submit documentation showing that
the storage tank opening is adequately secure.
May 1, 2024

Item
#7
Code Facility Deficiency Rule Citation
S001 WS001 Unapproved source in service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Corrective Action Completion Due Date
The Supplier shall submit documentation showing an
operating permit has been issued for the source.
April 30, 2025

Item
#8
Code Facility Deficiency Rule Citation
S003 ST001 Well casing terminates less than 12
inches above the floor or less than 18
inches above the ground surface
R309-515-6(6)(b)(vi), R309-515-
6(12)(c)(ii), R309-515-6(13)(a)
Corrective Action Completion Due Date
The Supplier shall submit documentation showing that
the well casing has at least 12 inches above a well house
floor or 18 inches above the ground surface.
August 1, 2024

Underground Water Well, WS001
Item
#9
Code Facility Deficiency Rule Citation
SP06 WS001 New water source lacks approved
PER
R309-600-13 & R309-605-9

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Corrective Action Completion Due Date
The Supplier shall submit a Preliminary Evaluation
Report (PER) and shall show concurrence from the
Division showing that the source has an approved PER.
June 1, 2024

Monitoring Violations

Item
#10
Code Facility Deficiency Rule Citation
3A DS001 Monitoring, Routine, Major
(RTCR)
R309-211-1(1)
Determination
Date
Period Analyte
01/31/2023 10/01/2022 - 10/31/2022 Total Coliform Bacteria
Corrective Action Completion Due Date
The Supplier must sample and submit all required
coliform samples to the Director.
Duration of this order

Item
#11
Code Facility Deficiency Rule Citation
3A DS001 Monitoring, Routine, Major
(RTCR)
R309-211-1(1)
Determination
Date
Period Analyte
02/02/2023 11/01/2022 - 11/30/2022 Total Coliform Bacteria
Corrective Action Completion Due Date
The Supplier must sample and submit all required
coliform samples to the Director.
Duration of this order

Item
#12
Code Facility Deficiency Rule Citation
3A DS001 Monitoring, Routine, Major
(RTCR)
R309-211-1(1)
Determination
Date
Period Analyte
02/23/2023 12/01/2022 - 12/31/2022 Total Coliform Bacteria
Corrective Action Completion Due Date
The Supplier must sample and submit all required
coliform samples to the Director.
Duration of this order

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Item
#13
Code Facility Deficiency Rule Citation
3A DS001 Monitoring, Routine, Major
(RTCR)
R309-211-1(1)
Determination
Date
Period Analyte
04/12/2023 01/01/2023 - 01/01/0223 Total Coliform Bacteria
Corrective Action Completion Due Date
The Supplier must sample and submit all required
coliform samples to the Director.
Duration of this order

Item
#14
Code Facility Deficiency Rule Citation
3A DS001 Monitoring, Routine, Major
(RTCR)
R309-211-1(1)
Determination
Date
Period Analyte
05/10/2023 03/01/2023 - 03/31/2023 Total Coliform Bacteria
Corrective Action Completion Due Date
The Supplier must sample and submit all required
coliform samples to the Director.
Duration of this order

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Nathan Lunstad, P.E.

Interim Director

DATE: ___________________________________

December 20, 2023

CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Not Approved” Rating Determination
for Foothill Water Users Association Water System UTAH11099 via registered mail to the following:

Stephen Brown

REGISTERED MAIL #
Foothill Water Users Association
2268 N Cottontail Dr.
Cedar City, UT 84720

Westwood Law, P.C.

REGISTERED MAIL #
Registered Agent
98 W Harding Ave.
Cedar City, UT 84720

__________________________________
Name

__________________________________
Date