DDW-2024-009993

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

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
May 29, 2024

Pole Patch Water System
Attn: Tyson Jackson
3335 North 250 West.
North Ogden, UT 84414

Subject: Failure to Address a Formal Order for Pole Patch Water System UTAH29107

Dear Tyson Jackson,

On September 25, 2023, the Director of the Utah Division of Drinking Water (Division) issued a
formal Not Approved Order (NAO) to the Pole Patch Water System (System). A copy of the
NAO is attached for your reference. A review of the Division's records indicates that Pole Patch
Water System has failed to meet the following deadlines for compliance:

Item
#1
Code Facility Deficiency Rule Citation

S033 PF001 Community without naturally flowing sources lacks backup
power for at least one water source
R309-515-6(2)(a)
Corrective Action Completion Due
Date
Ensure that the system has backup power for at least one water source 01/01/2024

The above item was due January 1, 2024. The System has been operating in violation of the Not
Approved Order (NAO) since that date. Among other remedies available to the Division, the
Director has authority to assess and collect civil penalties, as stated in the Not Approved Order:

All violations of the Utah Safe Drinking Water Act, the Drinking Water Rules, and this Order
will be strictly enforced during the time that this Order remains in effect. The Utah Safe
Drinking Water Act, Utah Code § 19-4-109, provides that any person who violates a rule or
order made or issued pursuant to the Act may be subject to an administrative penalty of up
to $1,000 per day of violation or, in a civil proceeding, to a civil penalty of up to $5,000 per
day of violation. Under certain circumstances of willfulness or gross negligence, a Utah
district court judge may impose an additional penalty of up to $5,000 per day of violation.
Under the act, each day may be considered a separate violation. A violator may also be
subject to injunctive relief pursuant to Utah Code § 19-4-107(2).
Pole Patch Water System
May 29, 2024
Page 2 of 2

The Division estimates that the total penalty amount today would be in excess of
$90,000.

These deficiencies represent a potentially significant risk to the public health of the Pole Patch
Water customers.

This is not a formal notice of violation or administrative order but provides the Pole Patch Water
System with the opportunity to correct this violation and come into compliance before a penalty is
assessed. The Division requests a written response within 30 days of receipt of this letter stating
progress and a proposed completion date for the resolution of the current deficiencies.

Failure to respond can result in further enforcement, including requesting that the Attorney
General’s Office file a civil action in state district court to obtain civil enforcement of the
NAO and to collect accrued stipulated penalties. A written response to this letter is required. A
phone call will not relieve the responsibility to respond to this letter in writing. If you have
questions, please reach out to Brandi Smith at (385)-515-1650.

Sincerely,

Nathan Lunstad,
Director, Division of Drinking Water

Enclosure

cc:
Tyson Jackson, Pole Patch Water System, [e-mail]
Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Scott Braeden, Weber-Morgan health Department, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
Christina Carballal-Broome, US EPA Region 8, [e-mail]
Bret Randall, Utah Attorney General's Office, [e-mail]
Cameron Draney, P.E., Division of Drinking Water, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
Helen Lau, Division of Drinking Water, [e-mail]
Ryan Dearing, Division of Drinking Water, [e-mail]