DDW-2024-012002

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, Ph.D., P.E.
Director SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
September 16, 2024
Snow College Foundation
Attn. Brian Howarth
150 East College Avenue
Ephraim, Utah 84627
Subject: Stipulated Order to Disinfect Great Basin Env Education UTAH20064
Dear Brian Howarth:
We are writing to provide you, on behalf of Snow College Foundation, with a draft of the
Division’s proposed Stipulated Order to Disinfect (SOTD) that addresses the drinking water
compliance issues currently affecting the Great Basin Env Education (System).
The SOTD includes milestones the Supplier responsible for the System must meet to comply with
the applicable regulations. It also references stipulated penalties that will be assessed if the System
does not meet the requirements and/or the deadlines. The SOTD is broken down into the following
key sections:
STATUTORY AND REGULATORY AUTHORITY: This section describes the basis for
the authority of the Director of the Division of Drinking Water to issue the SOTD.
FINDINGS: This section provides basic background information about the System,
including its inventory and legal ownership. It also briefly explains the facts underlying the
Director’s decision to require disinfection.
ORDER: The Order Section states requirements for the System and incorporates the
Stipulated Order to Disinfect Schedule as part of the Order.
GENERAL PROVISIONS: This section outlines conditions agreed to by the System and
the Division of Drinking Water, including potential penalties and system ratings.
COMPLIANCE NOTICE: This section states that compliance with this order is mandatory
and falls under the authority of the Utah Safe Drinking Water Act.
Great Basin Env Education UTAH20064
Page 2 of 2
September 16, 2024

Please carefully review the enclosed SOTD, have it signed by an authorized person, and then return
it to the Director. Once the document is fully executed, a copy will be returned for your records.
The effective date will be the date the Director signs the Order. Failure to return a signed copy
within 30 days of this letter may result in a unilateral administrative order issued by the Director to
ensure progress toward compliance.

I encourage you to continue to work closely with our Division staff. Your primary contact is Sarah
Page, PhD, at [e-mail] or 385-272-5778.

Sincerely,

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

cc: Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Eric Larsen, Central Utah Health Department, [e-mail]
John Chartier, Utah Department of Environmental Quality, [e-mail]
Bret Randall, Utah Attorney General’s Office. [e-mail]-or-
David McKnight, Utah Attorney General’s Office, [e-mail]
Cameron Brooks, Registered Agent, 150 E College Ave, Ephraim, UT 84627
Christopher Brown, Environmental Protection Agency-Region 8, [e-mail]
EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Great Basin Env Education Public Water
System
Stipulated Order to Disinfect
Docket No.UTAH20064-2024-01
This Stipulated Order to Disinfect (“SOTD”)has been issued by the Director of the Utah
Division of Drinking Water (“Director”),under the Director’s legal authorities described below.
This SOTD has been agreed to by the Snow College Foundation,a Utah non-profit corporation,in
its capacity as the “Supplier”who is 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 (the “Act”),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.
6.UAC R309-100-7 directs 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.
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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.”The
Director may issue a “Not Approved”rating for systems exceeding the point threshold.
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 by issuing 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 a civil penalty of up to $5,000 per day of violation.
FINDINGS
The Director makes the following Findings for purposes of this SOTD:
15.There exists a public water system (the “System”)located approximately six miles east of
the entrance to Ephraim Canyon along Ephraim Canyon Road and south-southeast of the
Town of Ephraim in Sanpete County.
16.The system generally includes a consecutive connection to Ephraim City (UTAH20011)’s
groundwater spring Experiment Station Spring (WS015),a 3,000-gallon underground
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storage tank,an inactive chlorinator,and an independent distribution system with six
connections serving a transient population of approximately 100 persons.
17.The Supplier (defined above)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.
18.The system is a public drinking water system that is part of the Utah Safe Drinking Water
Act and the Utah Public Drinking Water Rules.
19.The System qualifies as a transient non-community under the Utah Public Drinking Water
Rules.The maximum number of IPS points allowed for this type of system is 100.
20.The Master IPS Report attached hereto as Exhibit A describes several violations and
deficiencies associated with the System,which form the basis of this SOTD (the
“Violations and Deficiencies”).Supplier agrees and stipulates that the information
contained in the attached IPS Report is true and correct as of the date shown on the Master
IPS Report.
21.In September 2022,Great Basin Env Education Public Water System took 5 samples,3 of
which came back total coliform positive and E.coli absent.This triggered the first Level 1
Assessment.In October of 2022,this system took a routine sample that was total coliform
positive and E.coli absent.No repeats were taken and this triggered a Level 2 Assessment.
In September,6 samples were taken,2 of which were total coliform positive and E.coli
absent.The other 4 samples were total coliform absent.This sampling triggered a Level 1
Assessment.In October of 2023,5 samples were taken and 3 samples were total coliform
positive and E.coli absent.The other 2 samples were total coliform absent.This sampling
triggered a Level 2 Assessment,which was the 2nd Level 2 Assessment in 2 years.
22.Great Basin Env Education Public Water System does not reliably meet bacteriological
standards in the distribution system as outlined in paragraph 21.Based on your sample
history,Great Basin Env Education Public Water System is required to provide continuous
secondary disinfection throughout the distribution system.Great Basin Env Education
Public Water System may be subject to additional treatment requirements if water quality
sampling results indicate any of Great Basin Env Education Public Water System’s sources
require primary disinfection.
ORDER
Based on the foregoing Findings,the agreement of the Supplier,and good cause appearing,IT IS
HEREBY ORDERED as follows:
23.Attached hereto as the Enforcement Order Schedule –UTAH20064 (“Stipulated Order to
Disinfect Schedule”)listing the violations and deficiencies associated with the System as
well as a description of specific corrective actions and other measures that are required for
the System to comply with the Safe Drinking Water Act and the Board’s rules,including
the dates by which such corrective actions and other measures shall be completed.The
Supplier is hereby ordered to complete all corrective actions and other measures described
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in the Stipulated Order to Disinfect Schedule,to the satisfaction of the Director,on or
before the due dates identified in the Stipulated Order to Disinfect Schedule.
24.The Supplier agrees to collect all samples required by the Safe Drinking Water Act and the
Board’s rules and to report the sample results to the Director within the timeframe
mandated by rule.
25.Within 60 days after the issuance of this Order,the Supplier shall provide the Division of
Drinking Water with a schedule for the System to address the requirements for secondary
disinfection throughout the entire distribution system.The plan shall include proposed
modifications to the System,estimated costs of modifications,a proposed plan,and
schedule for project completion.The plan shall also include specific milestone dates and a
final compliance date (to be within six months from the date of DDW approval of the
plan).The schedule must be approved by the Director before construction or modifications
can begin.
26.The Supplier agrees to send all reporting and notifications required by this Order in
writing to:
Utah Division of Drinking Water
P.O.Box 144830
Salt Lake City,Utah
84114-4830
Email:[e-mail]
27.The Great Basin Env Education Public Water System’s Distribution System (DS001)is
hereby rated “Unapproved”as outlined in R309-515-6(5),R309-515-7(4),R309-500-9(2)
and (3).This is a Significant Deficiency (S100),and 200 Improvement Priority System
points were assessed.
28.The Supplier agrees to install and operate Division-approved permanent disinfection for
the entire distribution system (DS001).The Supplier agrees to complete Division Plan
Approval prior to construction of any disinfection facilities.
Secondary Disinfection Requirements
29.To meet secondary disinfection requirements,the Supplier agrees to continuously
maintain a minimum of 0.2 mg/L free chlorine residual at the Point of Entry(ies)
(POE)into the distribution system and demonstrate a detectable chlorine residual in
the entire distribution system.
30.Chlorine Residual ‒Point of Entry (POE)to Distribution System (EP001)
a.The POE sampling location will be identified as EP001 in the Division’s database.
The entry point location will be specified in the plan approval and operating permit
process for the chlorinator installation.
b.Maintain a minimum of 0.2 mg/L residual (measured as free chlorine)at the POE
sampling location UAC R309-215-16(3)(b)(iii)(A)(I)and (II).
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c.The chlorine residual concentration measured at the POE sampling location shall
not exceed the Maximum Residual Disinfectant Level (MRDL)of 4.0 mg/L
(measured as free chlorine).[R309-200-5(3)(c)(iv)]
d.Record and report the lowest daily chlorine residual concentration,measured as
free chlorine,at the chlorinator POE sampling location (EP001)a minimum of
daily.[R309-210-8(3)(a)(ii)]
31.Chlorine Residual ‒Distribution System (DS001)
a.This water system must maintain a detectable residual throughout the entire
distribution system.Maintaining the chlorine residual above 0.1 ppm in the
distribution system is recommended.[R309-520-5]
b.The chlorine residual measured in the distribution system shall not exceed the
maximum residual disinfectant level (MRDL)of 4.0 mg/L (measured as free
chlorine).[R309-200-5(3)(c)(iv)]
c.Take a minimum of three (3)chlorine residual samples per week at varying
locations throughout its distribution system UAC R309-105-10(1)(c).
d.Distribution system chlorine residuals must be taken in conjunction with total
coliform sampling.[R309-215-10(3)]
32.The Supplier must notify the Division by telephone at [phone] within eight
hours of the malfunction of any disinfection facility such that a detectable residual
cannot be maintained at all points in the distribution system per R309-105-18(1)(a).
Bacteriological Source Assessment Sampling Requirements
33.Based on the determination that Great Basin Env Education Public Water System is
subject to requirements to provide secondary disinfection throughout the entire distribution
system,the Supplier agrees to the following monitoring requirements:
a.Bacteriological Source Sampling
i.This system is subject to take monthly Escherichia coli (E.coli)samples at
UTAH20011 Ephraim City (WS001)(assessment monitoring)during the
operating period and shall continue for a minimum of 18 months.This schedule
will begin September 2024.
ii.This sample is in addition to the routine monthly distribution system sample(s)
(DS001).Please label the source sample as WS001 (for both the facility ID and
sample point ID)on all laboratory forms.
iii.Please contact Sitara Federico for any positive samples that may occur at the
source at 385-515-1459 or [e-mail] any sample result comes back
as E.coli positive,the Supplier agrees to contact the Division within 24 hours of
being notified of the result.
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GENERAL PROVISIONS
34.Based on this,the Director hereby determines that the System maintains its rating as
“Approved”status.The “Approved”rating is conditioned upon the Supplier’s adherence to
the requirements of this SOTD,the Act,and the Public Drinking Water Rules.The
Director may re-rate the System as “Not Approved”at any time based on any violation of
this SOTD,the Act,or the Public Drinking Water Rules.
35.Upon satisfactory compliance with the Stipulated Order to Disinfect Schedule
requirements,the Director shall issue a subsequent administrative order closing out this
SOTD as defined in UAC R309-400.Pursuant to such subsequent order,the Director may
also take other appropriate actions or impose appropriate conditions based on the facts
presented.
36.The Supplier hereby stipulates and agrees to pay,within 30 days of demand by the
Director,administrative penalties in the following amounts arising from any and all
violations of this SOTD,on a per-day,per-violation basis:
Penalty Per Violation Per Day Period of Noncompliance
$250 1st through 14th day
$500 15th through 30th day
$1,000 31st day and beyond
37.In the event of any violation of this SOTD with criminal negligence,within the meaning of
Utah Code §19-4-109(7)(b),the Director reserves the right,in the Director’s sole
discretion,to seek the imposition of fines and civil penalties under that section in addition
to stipulated administrative penalties under this SOTD.
38.Nothing in this SOTD shall be construed as prohibiting,altering,or in any way limiting
the ability of the Director to seek injunctive relief pursuant to Utah Code §19-4-107(2)
arising from violations of this SOTD,the Act,or the Utah Public Drinking Water Rules.
39.This SOTD 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.The Director
reserves that this SOTD is without prejudice to all rights against the Supplier that the
Director may have pertaining to matters not addressed in this SOTD,including (a)
violations of this SOTD;(b)future violations of the Act or the Utah Public Drinking Water
Rules;and (c)criminal liability.
40.The Director has the jurisdiction and authority to make the findings set forth in this SOTD
and to otherwise enforce the terms of this SOTD.
41.The date of issuance shall be the date that this SOTD is executed by the Director.
42.As of the date of issuance,this SOTD shall constitute a final administrative order under
the Act and shall operate as a final adjudication upon the merits of the matters addressed
herein.In the Director’s sole discretion,violations of this SOTD may result in the
commencement of an action for civil enforcement in state district court,by the attorney
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general,as provided in Utah Code Section 19-4-107.Such actions may seek injunctive or
other relief,including the imposition and collection of civil penalties as allowed by law.
The Supplier agrees that in any enforcement action,it shall not contest the finality or
validity of this SOTD or the Director’s authority to enter it as a final administrative order
under the Act.
43.The dates set forth in the Stipulated Order to Disinfect Schedule 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.
44.In partial or full satisfaction of the Stipulated Order to Disinfect Schedule,the Supplier
may (a)obtain a variance or exception as allowed by the Act and the Public Drinking
Water Rules;or (b)propose to the Director an alternate method for compliance with the
Act and the Public Drinking Water Rules.No such alternate means of compliance with the
Enforcement Order Schedule shall be accepted unless approved by the Director in writing.
45.The person signing this SOTD on behalf of the Supplier hereby represents to the Director
that he or she has the full legal authorization to do so and agrees that the Director may rely
on this representation.
COMPLIANCE NOTICE
Compliance with the provisions of this SOTD is mandatory.All violations of the Utah Safe
Drinking Water Act,the Drinking Water Rules,and this SOTD shall be strictly enforced during
the time that this SOTD remains in effect.
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IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER
By:_______________________________________
Nathan Lunstad Ph.D.,P.E.
Director
DATE:_____________________________________
SNOW COLLEGE FOUNDATION
By:________________________________________
Name:_____________________________________
Title:______________________________________
DATE:_____________________________________
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09/17/2024
Utilities Manager
Brian Howarth
athan
0nsta җe+ 17Ѷ 2024 1тѷ29 MҘ
09/17/2024
Stipulated Order to Disinfect Schedule UTAH20064
System Name:Great Basin Env Education
System Number:UTAH20064
Administrative Contact:Brian Howarth
Email:[e-mail]
Phone Number:801-368-7326
Corrective Action Requirements and Due Dates
Date of Issuance:__________________________________
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,R309-500-9(2)and (3)
Corrective Action Completion Due Date
Submit documentation showing plan to install secondary
disinfection as agreed to in item 25.
Within 60 days of the Date of
Issuance of this Order.
IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER
By:_______________________________________
Nathan Lunstad Ph.D.,P.E.
Director
DATE:_____________________________________
SNOW COLLEGE FOUNDATION
By:________________________________________
Name:_____________________________________
Title:______________________________________
DATE:___________________________________
1
Utilities Manager
09/17/2024
Brian Howarth
athan
0nsta җe+ 17Ѷ 2024 1тѷ29 MҘ
09/17/2024
09/17/2024