DDW-2024-009994

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
July 10, 2024

James Shelton
Owner & Registered Agent
Aspen Cove Resort Water
284 East North Shore Rd
Panguitch, UT 84759
James Shelton
dba-Aspen Cove Resort
330 North Handy Street
Orange, California 92867
Subject: Administrative Order: “Not Approved” Rating Determination for Aspen Cove
Resort Water System UTAH09024

Dear James Shelton:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable
drinking water and to protect public health. The Aspen Cove Resort is in significant non-
compliance with its obligations under the Utah Safe Drinking Water Act and the Utah Drinking
Water Rules as well as the Federal Safe Drinking Water Act. Therefore, the Division of Drinking
Water must downgrade the rating of the Aspen Cove Resort water system to “Not Approved”
status in accordance with the Utah Drinking Water Rules.

Enclosed is the Administrative Order: “Not Approved” Rating Determination. I encourage you to
contact me or my staff and to take the steps necessary to return to compliance as soon as possible.

Sincerely,

Nathan Lunstad, P.E.
Director, Division of Drinking Water

July 10, 2024
Page 2 of 2

cc: James Shelton, Aspen Cove Resort Water, 284 East North Shore Rd, Panguitch UT 84759
James Shelton, Aspen Cove Resort Water, [e-mail]
Jermey Roberts, Southwest Utah Health Department, [e-mail]
Paul Wright, P.E. District Engineer, [e-mail]
Christina Carballal-Broome, Environmental Protection Agency-Region 8, Carballal-
[e-mail]
Melissa Noble, DDW Source Protection, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS
Bret F. Randall, Assistant Attorney General, [e-mail]
Kim Shelley, Utah Department of Environmental Quality, [e-mail]

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Aspen Cove Resort Water

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING
DETERMINATION

Docket No. UTAH09024-2024-1

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION
(“Order”), relating to the Aspen Cove Resort (the “System”), has been issued by the Director of
the Utah Division of Drinking Water (“Director”) based on the authorities and findings provided
herein. Notice of this Order is being provided to James Shelton, DBA Aspen Cove Resort, a
water system, as the “Supplier” legally responsible for the System.
STATUTORY AND REGULATORY AUTHORITY
1. In 1974, Congress enacted the federal Safe Drinking Water Act, codified at 42 U.S.C. §
300f et seq., as amended. 42 U.S.C. § 300g-2 allows states to achieve primary
enforcement responsibility after the Environmental Protection Agency (“EPA”) has
determined that the state has adopted and can implement a state program that is no less
stringent than the federal public drinking water program (“Primacy”).
2. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah
Code § 19-4-101, with the intent of achieving Primacy.
3. Utah Code § 19-4-104 authorizes the Utah Drinking Water Board (the “Board”), among
other things, to make rules regulating public water systems in the state of Utah. Utah
Code § 19-4-104(1)(c)(vi) charges the Board to “meet the requirements of federal law
related or pertaining to drinking water.” The Board has promulgated the Utah Public
Drinking Water Rules, codified at Utah Administrative Code (“UAC”) R309.
4. In 1980, the EPA Administrator determined, in accordance with 40 C.F.R. § 142.11, that
the Utah public drinking water program met the federal requirements for Primacy. See
45 Fed. Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPA
Administrator has reviewed, and continues to review annually, the Utah public drinking
water program to evaluate its continuing compliance with the requirements set forth in 40
C.F.R. Part 142.
5. The Board has defined public water systems under the Utah Public Drinking Water
Rules, UAC R309-110-4.

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6. UAC R309-100-7 requires the Director to “assign a rating to each public water supply in
order to provide a concise indication of its condition and performance” in accordance
with R309-400. This rule is generally known as the Improvement Priority System
(“IPS”) rating system.
7. The IPS rating system “is a point system used by the division to evaluate a public water
system’s performance and compliance with the drinking water rules in Title 309,
Environmental Quality, Drinking Water.” UAC R309-400-3(1). Under the IPS rating
system, each public water system is assigned a rating “to characterize the water system’s
compliance with drinking water rules and overall operation and performance.” UAC
R309-400-3(2). The IPS rating system is “used by the division to assign compliance
ratings to public water systems and to prioritize enforcement action based on points
assessed for noncompliance with drinking water rules.” UAC R309-400-1(1).
8. UAC R309-400-4(1)(a)(ii) directs the Director to establish “the point thresholds for
assigning an Approved or Not Approved rating for each type of water system.” For
systems exceeding the point threshold, the Director may issue a “Not Approved” rating.
The thresholds are as follows: (i) for community water systems, 150 points; (ii) for non-
transient, non-community water systems, 120 points; and (iii) for non-community water
systems, 100 points.
9. UAC R309-400-4(4) allows the Director to assess points against public water systems
upon their failure to comply with Division directives and orders.
10. UAC R309-400-5(1)(b)(ii) allows the Director to rate any public water system as “Not
Approved” at any time if an immediate threat to public health exists.
11. UAC R309-400-5(1)(c) provides that a public water system may qualify for a “Corrective
Action” rating for its public water system “based on a current, written agreement with the
division to resolve underlying noncompliance according to a compliance schedule.”
12. Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also UAC R309-100-8.
13. Utah Code § 19-4-107 provides that upon discovery of any violation of the Act or a rule
of the Board, the Director shall promptly notify the supplier of the violation, state the
nature of the violation, and issue an order requiring correction of that violation.
14. Utah Code § 19-4-109 provides that any person who violates the Act or 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 civil penalty of up to $5,000 per day of violation.
FINDINGS
Based on information in the Division’s administrative files, the Director makes the following
Findings for purposes of this Order:

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15. There exists a water system near Bryce Canyon, Utah in Garfield County, Utah, a
drinking water system, known as the Aspen Cove Resort (the “System”) that serves a
population of approximately 68 persons. The System generally includes groundwater, and
an independent distribution system supplying 18 residential service connections.
16. On August 09, 2023 Utah Department of Environmental Quality District Engineer
conducted a Site Visit of the system and identified multiple significant deficiencies.
These deficiencies are listed in the attached Master IPS Report.
17. The Supplier is the owner and/or operator of the System and is therefore legally
responsible for the System and for compliance with applicable laws, rules, and
regulations. The Supplier qualifies as a “person” within the meaning of the Utah Safe
Drinking Water Act and the Utah Public Drinking Water Rules.
18. The System qualifies as a Transient Non-Community system under the Utah Public
Drinking Water Rules. The maximum number of points allowed for this type of system is
100.
19. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System
has been assigned 150 points. This number exceeds the threshold provided in the IPS
Rule. The Master IPS Report is incorporated herein by this reference.
20. The Director hereby ratifies and adopts the violations and deficiencies reflected in the
Master IPS Report, along with all previous actions by the Division that relate to such
violations and deficiencies. Such actions include sanitary surveys, notices of violation,
and the assessment of points for such violations and deficiencies, all as reflected in the
Division’s administrative files relating to the System.
21. Prior to issuing this Order, the Director provided the Supplier with notice of the System’s
then-current Master IPS report and afforded the Supplier with an opportunity to provide
any rebuttal or objections to the Director for consideration. Despite these notices, the
Supplier has failed to reduce the System point assessments below the threshold.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as
follows:
22. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water
Rules.
23. The Supplier shall provide a Tier II public notice of the substance of this Order
(specifically, the Director’s rating of the System as “Not Approved”), pursuant to UAC
R309-100-8(1) and R309-220-6(3), as follows:
(a) Such notice shall be provided to each and every customer related to the System (or
who otherwise receives a bill for water service). Such notice must be reasonably
calculated to provide actual notice to such persons and may be provided through

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mail or direct delivery, hand delivery, publication in a local newspaper, posting in
public places served by your system, or the System or Supplier’s website, if
applicable;
(b) Such notice shall be provided to the health department with jurisdiction over the
System.
(c) For each 90 day period that the System is rated as “Not Approved,” the Supplier
shall provide repeat notices to all consumers served by the System, in accordance
with the schedule applicable to Tier II notices.
24. In accordance with UAC R309-105-16(3), within 10 days of completing the public
notification requirements described above (for the initial public notice and any repeat
notices), the Supplier shall submit to the Director a certification that it has fully complied
with the notice requirements described above. Such certification shall include a
representative copy of each type of notice distributed, published, posted, and made
available in accordance with this Order.
25. Attached hereto as Exhibit B is a preliminary Enforcement Order Schedule –
UTAH09024 (“Enforcement Order Schedule”) listing the violations and deficiencies
associated with the System. Within 30 days of the Date of Issuance, the Supplier shall
submit to the Director a complete Enforcement Order Schedule describing in detail the
specific corrective actions the Supplier shall undertake in order to resolve the violations
and deficiencies as described in the Master IPS Report, including the dates when such
actions are expected to be completed. If negotiations are not successful or if the Supplier
fails to submit a timely or complete Enforcement Order Schedule, the Director may
pursue other enforcement actions in order to resolve the violations and deficiencies
described in the attached Master IPS Report, together with any other accrued violations
and deficiencies.
GENERAL PROVISIONS

26. This Order does not in any way relieve the Supplier from any other obligation imposed
under the Act or any other state, federal, or local law, rule, or regulation.
27. Nothing contained in this Order shall preclude the Director from taking actions to include
additional penalties against the Supplier for future violations of State or Federal law.
28. The Date of Issuance shall be the date that this Order is signed by the Director.
29. The dates set forth in the Order section of this Order may be extended in writing by the
Director, in the Director’s sole discretion, based on the Supplier’s showing of good cause.
Good cause for an extension generally means events outside of the reasonable control of
the Supplier, such as force majeure, inclement weather, contractor or supplier delays, and
similar circumstances. However, the Director expects the Supplier to employ reasonable
means to limit foreseeable causes of delay. The timeliness of the Supplier’s request for
an extension shall constitute an important factor in the Director’s evaluation.

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COMPLIANCE AND PENALTY NOTICE

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 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).
CONTEST AND APPEAL RIGHTS

This Order is effective immediately and shall become final unless the Supplier contests its
validity or correctness in writing within thirty (30) days of the date of its issuance. See Utah
Code Utah Code § 63G-4-102(2)(k). The validity or correctness of this Order may be contested
by filing a written Request for Agency Action in accordance with UAC R305-7. Filing a request
for a hearing or a general statement of disagreement is not sufficient under Utah Code § 63G-4-
201(3)(a) to preserve your right to contest the validity or correctness of this Order. A request for
Agency Action must include the information specified in UAC R305-7. Contest proceedings are
also governed by Utah Code Section 19-1-301. Failure to file a Request for Agency Action
within the period provided operates waives any right of the administrative contest,
reconsideration, review or judicial appeal. An extension is only available under UAC R305-7.
To contest the validity or correctness of this Order, the Supplier must respond in writing and
must comply with the applicable procedural requirements found at UAC R305-7 and with the
applicable requirements of the Utah Administrative Procedures Act, including Utah Code § 63G-
4-201(3)(a) and (b). The Supplier’s written Request for Agency Action must be received by the
Director within 30 days of the date of issuance of this Order. The written Request to the Director
should be addressed to Nathan Lunstad, P.O. Box 144830, Salt Lake City, UT 84114-4830.
Initiation of an appeal proceeding via email or fax is not permitted.
IT IS SO ORDERED.
DATED this 10th day of July 2024.

DIVISION OF DRINKING WATER

By:

Nathan Lunstad, P.E.

Director, Division of Drinking Water

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Exhibit B
Enforcement Order Schedule UTAH09024-a01

System Name: Aspen Cove Resort
System Number: UTAH09024
Administrative Contact: James Shelton
Email: [e-mail]
Phone Number: 435-676-8448

Corrective Action Requirements and Due Dates

Distribution System, DS001

Item
#1
Code Facility Deficiency Rule Citation
G001 DS001 Unapproved Facility in Service R309-100-5(2), R309-500-6,
R309-500-9(2) & (3)
Deficiency Correction Due Date
System must obtain all operating permits for all facilities
from the Division of Drinking Water
05/02/2025

Item
#2
Code Facility Deficiency Rule Citation
S001 DS001 Unapproved Source in Service R309-515-6(5), R309515-7(4),
R309-500-9(2)& (3)
Deficiency Correction Due Date
System must obtain all operating permits for all sources
in service from the Division of Drinking Water
05/02/2025

Beaver Dam EST (WS001)
Item #
3
Code Facility Deficiency Rule Citation
SP06 WS001 New Water source lacks approved
PER
R309-600-13 & R 309-605-9
Deficiency Correction Due Date
System must submit and get approval of Source
Protection Plans from the Division of Drinking Water
Within 120 days of issuance of
this order

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Beaver Dam LOD (WS002)
Item #
4
Code Facility Deficiency Rule Citation
SP06 WS002 New Water source lacks approved
PER
R309-600-13 & R 309-605-9
Deficiency Correction Due Date
System must submit and get approval of Source
Protection Plans from the Division of Drinking Water
Within 120 days of issuance of
this order

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Nathan Lunstad, P.E.

Director, Drinking Water

DATE: July 10, 2024

CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Not Approved” Rating Determination
for Aspen Cove Resort Water System UTAH09024 via registered mail to the following:

James Shelton
Owner & Registered Agent

REGISTERED MAIL #
Aspen Cove Resort
284 East North Shore Rd.
Panguitch, UT 84759

James Shelton
dba-Aspen Cove Resort
330 North Handy Street
Orange, California 92867

__________________________________
Name

__________________________________
Date