DDW-2024-008086

March 27, 2024
Wayne Allen
High Creek Water
11910 North 200 East
Cove, UT 84320
Subject: Notice of Potential Water System Not Approved Rating Change ; High Creek Water,
UTAH03086
Please be advised that a response is requested within 30 days of receiving this certified mail.
Dear Wayne Allen:
This letter serves to inform you that the High Creek Water UTAH03086 currently has 110 IPS points
assessed. The Improvement Priority Systems (IPS) sets points for compliance requirements based on the
risk to public health and thresholds based on the type of system. The Director may assess an additional 50
to 100 IPS points to your water system for having general non-compliance with the Safe Driving Water
Rules.
The Division of Drinking Water (the “Division”) intends to rate the High Creek Water System “Not
Approved” if there is no response to the Division within 30 calendar days of receiving this notice. Your
response may include any of the actions listed below to prevent a Not Approved Order:
1. Ask the Director for reconsideration by providing additional information to the Division
demonstrating the attached IPS report needs to be revised.
2. Correct any outstanding noncompliance items in the attached report and submit evidence of its
correction to the Division. This can include taking any missing chemical samples, correcting any
deficiencies, and/or submitting any evidence that violations or deficiencies were issued in error.
3. Request a Corrective Action Plan (CAP) through requestcap.utah.gov. This informal agreement
between the System and the Division establishes a schedule to allow more time to correct
unresolved significant deficiencies in the attached report. A CAP is not available for violations or
minor deficiencies.
4. If the system has violations or has failed a previously executed CAP, the system must enter into a
Compliance Agreement/Enforcement Order (CA/EO). A CA/EO is formal enforcement and
establishes a schedule for systems to return to compliance. The System is typically rated
“Corrective Action” rather than “Not Approved” and has input on timelines for meeting
compliance deadlines. For inquiries regarding a CA/EO, please contact Colt Smith at (385)
515-1529 or [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
High Creek Water
Page 2 of 2
March 27, 2024
Failure to respond to the Division within 30 calendar days from the receipt of this notice may result in the
following:
1. The Director issuing a formal enforcement order rating your water system’s rating “Not
Approved.”
a. The Not Approved Order is a formal administrative notice and provides the Director the
ability to issue penalties amounts of up to $1,000 per violation per day.
b. This Not Approved Order, at a minimum, requires a system to issue public notice every 90
days informing their customers of the “Not Approved” rating.
2. The Director may assess an additional 25 to 200 IPS points to your water system for failing to
protect public health.
3. The Division may refer the System to the Utah Attorney General for civil action in district court,
asking for an injunction to ensure compliance with the State and Federal Safe Drinking Water Act.
4. Failure to respond may also result in the U.S. Environmental Protection Agency taking federal
enforcement action to address the noncompliance shown in the attached report.
This notice serves as a courtesy to your water system, allowing them to come into compliance voluntarily.
This notice is a compliance advisory, is not an agency action, and does not trigger any legal rights and/or
remedies for the System. Additionally, nothing in this notice prevents the Director from initiating formal
enforcement at any time in the process. We urge you to take immediate action on this matter. 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
[phone] or [e-mail].
Sincerely,
Nathan Lunstad, P.E.
Director
Enclosure: March IPS Report
cc: Wayne Allen, High Creek Water, [e-mail]
Jake Wood, Utah Rural Water Association, [e-mail]
Ben Harker, Bear River Health Department, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail] -or
Elizabeth A. Burns, Assistant Attorney General, [e-mail]
Colt Smith, Division of Drinking Water, [e-mail]
Brandi Smith, Division of Drinking Water, [e-mail]
Dani Zebelean, P.E., Division of Drinking Water, [e-mail]
Cameron Draney, P.E., Division of Drinking Water, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
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