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HomeMy WebLinkAboutDDW-2024-008079 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830 Telephone (801) 536-4200 • Fax (801) 536-4211 • T.D.D. (801) 903-3978 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 November 20, 2023 Barratt Nielson Big Plains Water SSD- Apple Valley 1777 North Meadow Lark Dr. Apple Valley, UT 84737 Subject: Notice of Water System Rating Change to Not Approved & Required Response; Big Plains Water SSD- Apple Valley, UTAH27069 Your response is required within 30 days of receipt of this certified mail. Dear Barratt Nielson: This letter serves to inform you that the Division of Drinking Water (the “Division”) intends to rate your water system as “Not Approved” based on the number of Improvement Priority System (IPS) points. Please be advised that you are required to respond to the Division within 30 calendar days of receiving this notice by taking the applicable actions outlined below: 1. Provide information to DDW that demonstrates that the attached IPS report is inaccurate. 2. Correct the noncompliance issues shown in the attached report and submit evidence of its correction to DDW. 3. Request a Corrective Action Plan (CAP) through requestcap.utah.gov to establish a schedule to correct the significant deficiencies indicated in the attached report. 4. If your system has monitoring violations or has failed to address physical deficiencies, enter into a Compliance Agreement/Enforcement Order (CA/EO) to establish a formal enforcement schedule. For inquiries regarding a CA/EO, please contact Colt Smith at 385- 515-1529 or acsmith@utah.gov. Failure to respond to the DDW within 30 calendar days from the receipt of this notice may result in the following: 1. Your water system’s rating will be changed to “Not Approved” status. 2. The system will be required to issue public notice every 90 days stating that the “Not Approved” rating is in effect. 3. The Director may assess an additional 25 to 200 IPS points on your water system for failing to protect public health. Big Plains Water SSD- Apple Valley Page 2 November 20, 2023 4. The Division may issue a formal administrative notice proposing penalties as stipulated in the CA/EO, with amounts of up to $5,000 per violation per day. 5. The Division may refer the system to the Attorney General for civil action in district court for an injunction to ensure compliance with the CA/EO and the Federal Safe Drinking Water Act. 6. The Environmental Protection Agency may take federal enforcement action to address the noncompliance shown in the attached report. We urge you to take immediate action on this matter in order to ensure the safety and reliability of the drinking water supplied to the public. Compliance with the standards and regulations for drinking water, as outlined in the Utah Safe Drinking Water Act, the Utah Drinking Water Rules, and the Federal Safe Drinking Water Act, is essential to ensure safe, reliable drinking water, and to protect public health. We are dedicated to working together with you to help you come into compliance. If you require assistance in responding to this notice, please contact Brandi Smith at (385) 515-1650 or brandismith@utah.gov. Sincerely, Nathan Lundstad, P.E. Interim Director, Division of Drinking Water Enclosure: Big Plains Water SSD- Apple Valley IPS Report cc: Barratt Nielson, Big Plains Water SSD-Apple Valley, bnielson@applevalleyut.gov Jeremy Roberts, Southwest Utah Health Department, jroberts@swuhealth.org Paul Wright, P.E. District Engineer, pwright@utah.gov Helen Lau, Division of Drinking Water, hlau@utah.gov Mike Newberry, Division of Drinking Water, mnewberry@utah.gov Colt Smith, Division of Drinking Water, acsmith@utah.gov Brandi Smith, Division of Drinking Water, brandismith@utah.gov Rating Warning Change Letter