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HomeMy WebLinkAboutDDW-2024-008094 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. Director SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor January 30, 2024 Lloyd Marchant Peoa Pipeline Company 3195 W. 5340 N. Peoa, UT 84061 Subject: Notice of IPS Point Exceedance and Potential Water System Not Approved Rating Change; Peoa Pipeline Company, UTAH22013 Please be advised that a response is requested within 30 days of receiving this certified mail. Dear Lloyd Marchant : This letter serves to inform you that the Peoa Pipeline Company UTAH22013 currently has 150 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 Peoa Pipeline Company current score exceeds the 150 for a community system type as set in R309-400. The Division of Drinking Water (the “Division” of “DDW”) intends to rate the Peoa Pipeline Company “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 acsmith@utah.gov. Peoa Pipeline Company Page 2 of 2 January 30, 2024 Failure to respond to the DDW 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 (385) 515-1650 or brandismith@utah.gov. Sincerely, Nathan Lundstad, P.E. Director Enclosure:January 2024 IPS Report cc: Lloyd Marchant, Peoa Pipeline Company, lmarchant25@gmail.com Nathan Brooks, Summit County Health Department, nbrooks@summitcounty.org Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov -or Elizabeth A. Burns, Assistant Attorney General, elizabethburns@agutah.gov Colt Smith, Division of Drinking Water, acsmith@utah.gov Brandi Smith, Division of Drinking Water, brandismith@utah.gov Chris Brown, US EPA Region 8, brown.christopher.t@epa.gov Julie Cobleigh, P.E., Division of Drinking Water, jjcobleigh@utah.gov Dani Zebelean, P.E., Division of Drinking Water, dzebelean@utah.gov EQDWMonitoring, EQDWCOA, and EQDWFS