DDW-2024-008099

February 22, 2024
Tanner Tew
Yonder Escalante LLC
PO Box 502
2020 W UT-12
Escalante, UT 84726
Subject: Notice of IPS Point Exceedance and Potential Water System Not Approved Rating
Change ; Yonder Escalante LLC, UTAH09098
Please be advised that a response is requested within 30 days of receiving this certified
mail.
Dear Tanner Tew:
This letter serves to inform you that the Yonder Escalante LLC UTAH09098 currently has 135 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 Yonder Escalante
LLC's current score exceeds the 100 for Transient Non-Community system type as set in R309-400.
The Division of Drinking Water (the “Division”) intends to rate the Yonder Escalante LLC “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
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
Yonder Escalante
Page 2 of 2
February 22, 2024
compliance deadlines. For inquiries regarding a CA/EO, please contact Colt Smith at (385)
515-1529 or [e-mail].
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 Lundstad, P.E.
Director
Enclosure: February 2024 IPS Report
cc: Tanner Tew, Yonder Esclante LLC, [e-mail]
Jeremy Roberts, Southwest Utah Health Department, [e-mail]
Paul Wright, P.E. District Engineer, Drinking Water, [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]
Chris Martin, P.E., Division of Drinking Water, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
EQDWMonitoring, EQDWCOA, EQDWVSA , and EQDWFS