DDW-2024-009067

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

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Nathan Lunstad P.E.
Director
July 11, 2024

James Shelton
Aspen Cove Resort
284 North Shore Rd
Panguitch, Utah 84759

Subject: Water System Violation – Aspen Cove Resort - UTAH09024

James Shelton:

The Division of Drinking Water records show this water system is in violation of the State of Utah Public
Drinking Water Rules as follows:

For the month of May 2024, no ROUTINE bacteriological analysis results were reported to our
office. This system is required to collect at least one sample per month, have it analyzed, and
send the results to us. Failure to collect samples is a violation of Utah Administration Code
(UAC) Rule R309-211-9(3)(b). This violation results in the addition of 25 points to this
system’s Improvement Priority System (IPS) report and could adversely affect this water
system’s rating (see R309-400).

You must notify all the water system’s consumers of this violation within one year after you
learn of the violation (see R309-220-7). Refer to the enclosed example of a public notice. A
copy of the notice you send to the system’s consumers must be forwarded to the Division of
Drinking Water ([e-mail]) within 12 months after the date of this letter. Failure to
provide the required public notification within one year will result in the addition of five points
to this system’s IPS report.

If this letter is in error and you do have ROUTINE bacteriological analysis results for May 2024,
please send them as soon as possible within 30 days. Please reference this water system in all
correspondence. Upon receipt of the results, we will change the violation from a failure to collect
violation to a reporting violation for failure to submit a monitoring report in a timely manner as
required by section R309-211-9(4)(a).

James Shelton
Page 2 of 2
July 11, 2024

Please contact Sitara Federico at [phone] or at [e-mail] if you have questions
or need assistance.

Sincerely,

Mark Berger
Monitoring and Standards Section Manager

Enclosure

cc: James Shelton, Aspen Cove Resort, [e-mail]
Jeremy Roberts, Southwest Utah Public Health Department
Instructions for Monitoring Violations Annual Notice–Community (Tier 3 - Coliform)

Template on Reverse

Since most monitoring violations are included in Tier 3, you must provide public notice to persons served within
one year after you learn of the violation (R309-220-7(2)). Multiple monitoring violations can be serious, check with
the Division of Drinking Water (801-536-4200) to make sure you meet the public notification requirements.

Community systems must use one of the following (R309-220-7(3)(a)):

• Hand or direct delivery
• Mail, as a separate notice or included with the bill

Non-community systems must use one of the following (R309-220-7(3)(b)):

• Posting in conspicuous locations
• Hand delivery
• Mail

In addition, both community and non-community systems must use another method reasonably calculated to
reach others if they would not be reached by the first method (R309-220-7(3)). Such methods could include
newspapers, e-mail, or delivery to community organizations. If you post the notice, it must remain posted until the
violation is resolved. If the violation has been resolved, you must post the notice for at least one week (R309-220-
7(2)). If you mail, post, or hand deliver, print your notice on letterhead, if available.

The notice on the reverse is appropriate for insertion in an annual notice or the CCR, as long as public notification
timing and delivery requirements are met (R309-220-7(4)). You may need to modify the template for a notice for
individual monitoring violations. This example presents violations in a table; however, you may write out an
explanation for each violation if you wish. For any monitoring violation for volatile organic compounds (VOCs) or
other groups, you may list the group name in the table, but you must provide the name of every chemical in the
group on the notice, e.g., in a footnote.

You may need to modify the notice if you had any monitoring violations for which monitoring later showed a
maximum contaminant level or other violation. In such cases, you should refer to the public notice you issued at
that time.

Include in your notice the standard language for monitoring and testing procedure violations in italics (R309-220-8
(4)(b)). If you modify the notice, you may not alter this mandatory language.

Corrective Actions

In your notice, describe corrective actions you took or are taking. Listed below are some steps commonly taken by
water systems with monitoring violations. Choose the appropriate language, or develop your own:

• We have since taken the required samples, as described in the last column of the table above. The
samples showed we are meeting drinking water standards.
• We have since taken the required samples, as described in the last column of the table above. The
sample for [contaminant] exceeded the limit. [Describe corrective action; use information from public
notice prepared for violating the limit.]
• We plan to take the required samples soon, as described in the last column of the table above.

After Issuing the Notice

Make sure to send the Division of Drinking Water (PO Box 144830, SLC, UT 84114-4830) a copy of each type of
notice and a certification that you have met all the public notice requirements within ten days after issuing the
notice (R309-105-16(3)).

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
Monitoring Requirements Not Met for [System]

Our water system violated several drinking water standards over the past year. Even though these were
not emergencies, as our customers, you have a right to know what happened and what we did to correct
these situations.

We are required to monitor your drinking water for specific contaminants on a regular basis. Results of
regular monitoring are an indicator of whether or not our drinking water meets health standards. During
[compliance period] we ['did not monitor or test' or 'did not complete all monitoring or testing'] for
[contaminant(s)] and therefore cannot be sure of the quality of our drinking water during that time.

What should I do?

There is nothing you need to do at this time.

The table below lists the contaminant(s) we did not properly test for during the last year, how often we
are supposed to sample for [this contaminant/these contaminants] and how many samples we are
supposed to take, how many samples we took, when samples should have been taken, and the date on
which follow-up samples were (or will be) taken.
Contaminant Required
sampling
frequency
Number
of
samples
taken
When all
samples
should have
been taken
When samples
were or will be
taken
Total Coliform 1 sample(s) every
month
0 [Insert date]

[Insert date]

What happened? What is being done?

[Describe corrective action.]

For more information, please contact [name of contact] at [phone number] or [mailing address].

Please share this information with all the other people who drink this water, especially those who may not
have received this notice directly (for example, people in apartments, nursing homes, schools, and
businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.

This notice is being sent to you by [system]. Water System ID#: __________. Date distributed: