DDW-2024-012007

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 17, 2024

Mt. Tabby Improvement Group Inc.
℅ Michael Goodman
2729 East Durban Road
Sandy, Utah 84093

Subject: Stipulated Order to Disinfect Mt. Tabby Springs Subdivision UTAH07009

Michael Goodman:

We are writing to provide a draft of the Division’s proposed Stipulated Order to Disinfect (SOTD)
that addresses the drinking water compliance issues currently affecting the Mt. Tabby Springs
Subdivision (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.

Mt. Tabby Springs
Page 2 of 2
September 17, 2024

Please carefully review the enclosed SOTD. If it is acceptable, have an authorized person sign it
and return it to the Director. Once the SOTD is fully executed by the Director, a copy will be
returned for your records. 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. The
effective date will be the date the Director signs the order.

I encourage you to continue to work closely with our Division staff. Your primary contact is Sarah
Page 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]
Nathan Hall, P.E., Utah Department of Environmental Quality, [e-mail]
Joe Hadlock, Tri-County Health Department, [e-mail]
Bret Randall, Utah Attorney General’s Office. [e-mail]
David McKnight, Utah Attorney General’s Office. [e-mail]
Christopher Brown, Environmental Protection Agency-Region 8, [e-mail]
EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Mt Tabby Springs Subdivision Public
Water System

Stipulated Order to Disinfect

Docket No. UTAH07009-2024-01

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 Mt. Tabby Improvement Group, Inc., 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 in and around the Tabiona Mountains above the town of Tabiona in Duchesne
County, Utah a drinking water system known as the Mt. Tabby Springs Subdivision (the
“System”) that serves a population of approximately 434 persons. The System generally
includes a spring, a storage tank, and an independent distribution system that serve
approximately 219 service connections.

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16. 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.
17. The System is a public drinking water system 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 under the Utah Public Drinking Water
Rules. The maximum number of IPS points allowed for this type of system is 100.
19. 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 in the attached IPS
Report is true and correct as of the date shown on the Master IPS Report.
20. In June 2023, there were a total of six coliform samples (two at Mt Tabby Spring (WS001)
and four within the distribution system) taken at Mt Tabby Springs Subdivision. All six
samples were total coliform present and E. coli absent. This sampling occurrence triggered
a Level 1 Assessment. In July of 2023, there were a total of six samples taken once again
(two at Mt Tabby Spring (WS001) and four within the distribution system). All six samples
were total coliform present and E. coli absent. This sampling occurrence triggered a Level
2 Assessment that was completed by Ryan Dearing on September 8, 2023. In August and
September of 2023, two samples were taken, one within the distribution system and one at
Mt Tabby Spring (WS001); both showed total coliform present and E. coli absent. This
triggered a 2nd and 3rd Level 2 Assessment within 12 months for My Tabby Springs
Subdivision. In May and June of 2024, two samples were taken, one within the distribution
system and one at Mt Tabby Spring (WS001); both showed total coliform present and E.
coli absent. This sampling triggered a 4th and 5th Level 2 Assessment within 12 months for
Mt Tabby Springs Subdivision. There have been a total of five Level 2 Assessments
triggered in 12 months.
21. The sample results detailed in item 20, above indicate the Mt Tabby Spring (WS001) source
is a low-quality groundwater source that does not meet standards of bacteriologic quality.
Based on your sample history, Mt Tabby Springs Subdivision is subject to requirements to
provide continuous secondary disinfection of the Mt Tabby Spring (WS001) and of the
entire distribution system and may be subject to additional treatment if further water quality
sampling results indicate that the source requires primary disinfection.
ORDER
Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing, IT IS
HEREBY ORDERED as follows:
22. Attached hereto as the Enforcement Order Schedule – UTAH07009 (“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 in the

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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.
23. 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.
24. 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 at the Mt Tabby Spring (WS001) and the entire distribution system (DS001).
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.
25. 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]

26. The Mt Tabby Spring (WS001) 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.
27. 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

28. 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.

29. 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.
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).
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)]

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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)]

30. 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)]

31. 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

32. Based on the determination that Mt Tabby Spring (WS001) is subject to requirements to
provide secondary disinfection, 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 Mt Tabby Spring (WS001) (assessment monitoring)
during the operating period and shall continue for a minimum of 18
months. This schedule will begin October 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]. If 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.

GENERAL PROVISIONS
33. 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.

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34. 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.
35. 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

36. 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.
37. 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.
38. 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.
39. 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.

40. The date of issuance shall be the date that this SOTD is executed by the Director.

41. 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 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.

42. 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

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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.

43. 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.

44. 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.

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:_____________________________________

Nathan Lunstad Ph.D., P.E.

Director

DATE: __________________________________

MT. TABBY IMPROVEMENT GROUP, INC.

By:______________________________________

Name:____________________________________

Title:_____________________________________

DATE: ___________________________________

$ # ' * * ( ) — / A v A ? A C @ H w ? E ˜
Michael Goodman
Michael Goodman
President
10/02/2024
Nathan Lunstad (Oct 3, 2024 08:45 MDT)
10/03/2024

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Stipulated Order to Disinfect Schedule UTAH07009

System Name: Mt Tabby Springs Subdivision
System Number: UTAH07009
Administrative Contact: Michael Goodman
Email: [e-mail]
Phone Number: 801-842-9675
Corrective Action Requirements and Due Dates

Date of Issuance:______________________

Mt Tabby Spring, WS001
Item #1 Code Facility Deficiency Rule Citation
S001 WS001 Unapproved Source In Service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Corrective Action Completion Due Date
Submit documentation showing a plan in install secondary
chlorination as agreed to in Item 24.
Within 60 days of the Date of
Issuance of this Order.

Item #2 Code Violation Rule Citation
2A Level 1 Assess, Multiple Tc Pos
(RTCR)
R309-215-16
Violation
Number
Period Determined Date
5067721 July 17, 2023 September 29, 2023
Corrective Action Completion Due Date
The Supplier must conduct and submit a Level 1 Assessment
of the system.
Within 30 Days of the date of
Issuance of this Order.

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IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:_______________________________________

Nathan Lunstad Ph.D., P.E.

Director

DATE:_____________________________________

MT TABBY IMPROVEMENT GROUP, INC.

By:________________________________________

Name:_____________________________________

Title:______________________________________

DATE:_____________________________________

$ # ' * * ( ) — / A v A ? A C @ H w ? E ˜
Michael Goodman
Michael Goodman
President
10/02/2024
Nathan Lunstad (Oct 3, 2024 08:45 MDT)
10/03/2024