DDW-2024-010531

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
Department of Environmental Quality
Kimberly D. ShelleyExecutive Director
DIVISION OF DRINKING WATERNathan Lunstad, Ph.D., P.E.Director
State of Utah SPENCER J. COX Governor
DEIDRE HENDERSONLieutenant Governor
August 19, 2024
Matt Kammeyer
SLC GOLF
Mountain Dell Cafe and Golf Course 2375 S 900 E Salt Lake City, UT 84106
Subject: Notification of Public Drinking Water System Type Change Mountain Dell Cafe and
Golf Course UTAH18104
Dear Matt Kammeyer:
On October 18, 2023, Deidre Beck, Noah Zorsky, and Danielle Zebelean, with the Division of
Drinking Water conducted a sanitary survey of the Mountain Dell Cafe and Golf Course public drinking water system. During that survey, it was documented that Mountain Dell Cafe and Golf Course has a transient population of 300 and a non-transient population of 40. After careful review and consideration of the information and facts documented resulting from that site visit,
the Utah Division of Drinking Water (Division) has determined the Mountain Dell Cafe and Golf
Course type classification will be changing from Transient Non-Community to a Non-Transient Non-Community water system.
This change in system type carries significant implications for the system's operations and
regulatory requirements. We understand that this transition may raise questions or concerns, and
we are committed to providing you with all the necessary support and guidance throughout this process. This letter and its attached reports are to assist you in maintaining compliance with the Safe Drinking Water Act and protecting public health.
Notice Of Agency Action - System Type Change
This enclosure lists the state and federal authorities the director has in order to determine a system-type change. It outlines your rights to appeal and the process by which you can make such an appeal. It serves as formal notice that this is an agency action and provides legal notice
of your system-type change.
Mountain Dell Cafe and Golf Course Page 2 of 4
Disinfection Byproducts (DBPs) Monitoring
Be aware that the change to the water system’s type means that the water system will be required to monitor for disinfection byproducts (DBPs) if/when the system resumes chlorination in the
future. The system will also be required to prepare and submit a DBP sample site plan if/when chlorination resumes. The number and frequency of required DBP sampling will be communicated to the system if/when chlorination facilities are activated. For any questions regarding the DBP rule, contact Luke Treutel at [phone] or [e-mail].
Source Monitoring
The water system’s source monitoring sampling requirements have changed. As a Non-Transient Non-Community water system, the system is now required to monitor for four classes of chemicals: Inorganics and Metals, Nitrate, Volatile Organic Chemicals, and Pesticides. The
sampling for each class is different and is specified in the enclosed water monitoring schedule, and is available to view anytime online at waterlink.utah.gov. For any questions regarding the source monitoring requirements for this system, contact David Kruse at [phone] or [e-mail].
Lead and Copper
Due to being classified as a Non-Transient Non-Community water system, Mountain Dell Cafe and Golf Course is now required to collect 5 lead and copper samples every six months. The
system may move to a reduced schedule after completing two rounds of six-month monitoring
with satisfactory results.
The system must share the lead and copper sample results with anyone who regularly consumes the water within 30 days from when the results are received from the laboratory. Please use the
attached Lead & Copper Consumer Notification Form to do this. You may post the form in a
central location or share it via email. The system must certify to the Division that the results have been shared by submitting our online form at tiny.cc/leadcopper.
Lead and copper samples are 1-Liter in volume. You can acquire the sample bottles from a
laboratory. Make sure you use a lab that is certified to analyze samples for lead and copper.
Samples need to be first-draw, meaning the taps should not be used for at least 6 hours prior to filling the sample bottle. Do not run (flush) the tap or clean aerators prior to sampling. Samples should be taken at a commonly used tap such as the kitchen or bathroom. No outside spigot or seldom used taps. Samples do not need to be refrigerated or kept on ice. Once sample bottles are
filled, bring them to the laboratory ASAP, within 2 weeks.
A sampling site plan template has been enclosed with this letter and needs to be completed as part of this process. This plan must contain a minimum of 10 sites (5 routine sites and 5 alternate sites). Please submit this sample site plan through the waterlink portal or emailing the lead and
copper rule manager. This form is due back to the Division within 30 days of the date of this
letter.
Mountain Dell Cafe and Golf Course Page 3 of 4 Questions regarding Lead and Copper monitoring should be directed to Dylan Martinez at [e-mail] or at [phone].
A current monitoring schedule for your system has been enclosed, showing a summation of the monitoring requirements listed above. If you have questions regarding your new monitoring requirements, please contact Mark Berger at [phone] or [e-mail]. Operator Certification Requirements
The system is classified as a Non-Transient Non-Community water system that serves a population of 340 persons. This requires a certified Small System Distribution Direct Responsible Charge Operator (DRC) to operate the system. According to our records, the system does not have an operator certified at the level of the system registered as a Direct Responsible
Charge (DRC). If the population increases, a higher level of certification may be required. The system has until June 1, 2025, to come into compliance with the R309-300 Certification Rules for Water Supply Operators. We have updated the System’s operator certification requirements in the Division’s Improvement Priority System (IPS). Failure to comply would be a
significant deficiency and subject to demerit points. Visit ddwopcert.utah.gov for more information on the R309-300 Certification Rules for Water Supply Operators, how to become a certified operator, or to post a job position for operators. For
questions, contact Dawnie Jacobo at 385-272-5038 or [e-mail].
Source Protection Requirements An updated Drinking Water Source Protection (DWSP) plan must be completed and submitted to
the Division of Drinking Water within 180 days of this letter.
Guidance for preparing source protection plans can be found on the Division of Drinking Water website at deq.utah.gov/drinking-water/preparing-source-protection-plans, or you can contact Melissa Noble at [phone] or [e-mail].

Notice of Appeal Rights The Director of the Division has authorized me to issue this letter on behalf of the Division. If you feel the Division’s determinations are in error, the Supplier’s rights to contest this
determination are outlined in the attached Notice of Agency Action - System Type Change. Failure to appeal within 30 days results in this determination being final, all as outlined in the attached legal notice. Additionally, nothing in this notice prevents the Director from initiating formal enforcement at
any time. 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
Mountain Dell Cafe and Golf Course Page 4 of 4 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 need
assistance responding to this notice, please contact Helen Lau at [phone] or [e-mail]. Sincerely,
Helen Lau Compliance and Operator Assistance Section Manager
Enclosure: Notice of Agency Action- System Type Change Monitoring Schedule Disinfection Byproduct (DBP) Sample Site Plan Template (link) cc: Matt Kammeyer, Mountain Dell Cafe and Golf Course, [e-mail] Fuaad Hararah, Salt Lake County Health Department, [e-mail] Nagendra Dev, P.E., Division of Drinking Water, [e-mail] Rebecca Yoo, P.E., Division of Drinking Water, [e-mail] Melissa Noble, P.G., Division of Drinking Water, [e-mail] Bret F. Randall, Assistant Attorney General, [e-mail] Rule Managers
Helen Lau (Aug 20, 2024 10:02 MDT)

Notice of Agency Action - System Type Change Page 1 of 4
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the matter of:
Mountain Dell Cafe and Golf Course
UTAH18104

NOTICE OF AGENCY ACTION -
SYSTEM TYPE CHANGE

To the extent that the matters addressed in the attached communication qualify as agency actions under the Utah Administrative Procedures Act, Title 63G, Chapter 4, notice is hereby given to the Supplier responsible for the above-referenced public water system as follows:
STATUTORY AND REGULATORY AUTHORITY
1. The matters addressed in the attached communication have been determined, directly or
indirectly, by the Director of the Division of Drinking Water, pursuant to the following statutory and regulatory authorities.
2. 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”).
3. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah Code § 19-4-101, with the intent of achieving Primacy.
4. 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 Admin. Code Title R309.
5. 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.
6. The Board has defined public water systems under the Utah Public Drinking Water Rules, Utah Admin. Code R309-110-4.

Notice of Agency Action - System Type Change Page 2 of 4
7. Among other requirements, the Utah Public Drinking Water Rules provide that all public water systems must be classified based on the number of persons served and the types of
use (e.g., community, non-transient, non-community, transient non-community, seasonal).
The Director is required to establish the classification of each public water system based on the factors identified in the rules and may change a system’s classification based on a change in circumstances. See Utah Admin. Code Section R309-100-4.
8. The Utah Public Drinking Water Rules include many requirements implemented by the
Director, including monitoring and water quality, operator certification, cross-connection
control and backflow prevention certification, system plan review, drinking water disinfection, treatment, and source development, drinking water storage and distribution, and drinking water source protection. The rules require that the Director directly or indirectly implement agency actions in a variety of contexts. See Utah Admin. Code Title
R309.
9. Utah Admin. Code 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 Utah Admin. Code R309-400. This rule is generally known as the Improvement Priority System (“IPS”) rating system.
10. Utah Admin. Code R309-400-4 provides that a water system’s IPS rating shall be assigned
“based on the evaluation of the operation and performance of the water system in accordance with the requirements of the Rules,” based on a point system established by the Board. Generally, the number of points represents the threat to the quality of the water and therefore public health.
11. Utah Admin. Code R309-400-4(3) sets the maximum number of points any given type of
system may have before it is rated by the Director as “Not Approved” status. For systems exceeding the point threshold, the Director is required to 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.
12. Utah Admin. Code R309-400-11 allows the Director to assess points against public water systems upon their failure to comply with Division directives and orders.
13. Utah Admin. Code R309-400-4 allows the Director to rate any public water system as “Not Approved” at any time if an immediate threat to public health exists.
14. Utah Admin. Code R309-400-4(c) provides that a public water system may qualify for a
“Corrective Action” rating for its public water system upon submission of a written agreement stating a willingness to comply with the requirements set forth in the Rules and complying with other requirements.
15. Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also Utah Admin. Code R309-100-8.

Notice of Agency Action - System Type Change Page 3 of 4
16. Utah Code § 19-4-107 provides that upon discovery of any violation of a rule or order of the Board, the Director shall promptly notify the operator of the public water system of the
violation, state the nature of the violation, and issue an order requiring correction of that
violation.
17. 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, in a civil proceeding, to a civil penalty of up to $5,000 per day of violation.
18. Section R309-100-8 provides that the Director may take appropriate actions to address
public health risks arising from emergency situations.
19. The Utah Administrative Procedures Act requires that whenever the Director takes an agency action, appropriate notice of the agency action be provided. See Utah Code § 63G-4-201.
GENERAL PROVISIONS
20. The person signing the attached communication on behalf of the Division has done so under the authority of the Director.
21. The agency actions addressed in the attached communication in no way limit the Director’s authority to respond to emergency situations involving public drinking water, including
emergency situations as described in Section R309-105-18, in a manner appropriate to
protect public health. The Director's enforcement actions may include ordering water suppliers to take appropriate measures to protect public health, including issuance of orders pursuant to Section 63G-4-502, if warranted.
22. Nothing contained in the attached communication shall preclude the Director from taking
actions to include additional penalties against the recipient for future violations of State or
Federal law.
23. The date of issuance shall be the date that the attached communication is signed.
24. Any dates set forth in the attached communication may be extended in writing by the Director, in the Director’s sole discretion, based on the recipient’s showing of good cause.
Good cause for an extension generally means events outside of the reasonable control of
the recipient, such as force majeure, inclement weather, contractor or supplier delays, and similar circumstances. However, the Director expects the recipient to employ reasonable means to limit foreseeable causes of delay. The timeliness of the recipient’s request for an extension shall constitute an important factor in the Director’s evaluation.
CONTEST AND APPEAL RIGHTS
25. The agency action addressed in the attached communication is effective immediately and shall become final unless contested in writing within thirty (30) days of the date of its issuance.

Notice of Agency Action - System Type Change Page 4 of 4
26. The Director designates that any appeal involving the matters addressed in the attached communication shall be subject to informal agency adjudication procedures under the Utah
Administrative Procedures Act, Section 63G-4-203, with the Director serving as the
presiding officer.
27. The agency action addressed in the attached communication may be contested by filing a written notice of contest to the Director at the address listed below, within 30 days of the date of issuance. No particular form of notice of appeal is required, except
that the recipient shall identify all the grounds for the appeal in writing. The recipient
should also indicate whether a hearing is requested.
28. The adjudication of the appeal shall be conducted by the Director using informal procedures. The Director may conduct a hearing or other meeting to address the appeal, but a formal hearing is not required. Following the Director’s issuance of an order, under
Section 63G-4-301(6), addressing the appeal, there shall be no duty to exhaust further
administrative remedies under Section 63G-4-401(2).
29. Any appeal from the Director’s final order under Section 63G-4-301(6) shall be a trial de novo before a district court under Sections 63G-4-401(3) and 63G-4-402.
30. For purpose of compliance with this agency action or service of an appeal, the Director’s
mailing address is:
Nathan Lunstad Director Division of Drinking Water P.O. Box 144830
Salt Lake City, UT 84114-4830
The recipient may also submit an appeal or other communication to the Director via email ([e-mail]). If the recipient submits a notice of appeal to the Director via email, the date the email is sent shall be deemed to be the date of delivery if the recipient also
mails a paper copy of the appeal to the Director at the above address.
31. The failure to file a timely notice of appeal to the Director within 30 days of the date the attached communication is signed shall result in the agency actions addressed in the attached communication becoming final and unappealable.