DDW-2024-012009

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
October 2, 2024

Diamond Valley Acres Water Company
Attn: Maegan Belmont
1618 West Diamond Valley Drive
St George, Utah 84770

Subject: Stipulated Order to Disinfect Diamond Valley Acres UTAH27065

Dear Maegan Belmont:

We are writing to provide you with a draft of the Division’s proposed Stipulated Order to
Disinfect (SOTD) that addresses the drinking water compliance issues currently affecting the
Diamond Valley Acres Water Company (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.

Diamond Valley Acres
Page 2 of 2
October 2, 2024

Please carefully review the enclosed SOTD. Please have an authorized person sign it, and return it
to the Director. Once the SOTD is 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 it is executed by the Director.

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]
Maegan Barnum, Registered Agent, 1204 West Sapphire Drive, St George, Utah 84770
Maegan Belmont, Diamond Valley Acres, [e-mail]
Paul Wright, P.E., Utah Department of Environmental Quality, [e-mail]
Jeremy Roberts, Southwest Utah Health Department, [e-mail]
Bret Randall, Utah Attorney General’s Office. [e-mail]-or-
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:

Diamond Valley Acres Water Company
Public Water System

Stipulated Order to Disinfect

Docket No. UTAH27065-2024-01

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 Diamond Valley Acres Water Company, 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 approximately eight miles north of St. George, Utah and approximately five
miles south-southeast of Dammeron Valley along Route 18 a drinking water system, known
as Diamond Valley Acres (the “System”) that serves a population of approximately 342
persons. The System generally includes two active wells, two inactive wells, two proposed
wells, a booster pump, four active steel storage tanks, one inactive concrete tank, and an
independent distribution system serving approximately 338 residential connections and four
commercial 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 community system under the Utah Public Drinking Water Rules.
The maximum number of IPS points allowed for this type of system is 150.
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 contained in the
attached IPS Report is true and correct as of the date shown on the Master IPS Report.
20. In May of 2024, Diamond Valley Acres Water Company took 11 distribution system
samples and 2 source samples. 4 of the 11 distribution system samples were E. coli positive
and the other 7 samples were total coliform absent. This sampling triggered Diamond Valley
Acres first Level 2 Assessment. Brian Pattee completed that Level 2 Assessment on 6-12-
2024. In June of 2024, this system took 16 distribution system samples and 2 source samples.
Of the 2 samples taken at the source, 1 was total coliform positive and E. coli absent and the
other sample was total coliform absent. 5 of the 16 distribution system samples taken were
total coliform positive and E. coli absent. 1 of the 16 distribution system samples was E. coli
positive and the other 10 samples were total coliform absent. This sampling triggered the
second Level 2 Assessment. Brian also completed this Level 2 Assessment on 8-28-2024.
21. Diamond Valley Acres Water Company does not reliably meet bacteriological standards in
the distribution system. Based on your sample history, Diamond Valley Acres Water
Company is required to provide continuous secondary disinfection throughout the
distribution system. Diamond Valley Acres Water Company may be subject to additional
treatment requirements if water quality sampling results indicate any of Diamond Valley
Acres Water Company’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:
22. Attached hereto as the Enforcement Order Schedule – UTAH27065 (“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
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.

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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 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.
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 Diamond Valley Acres Water Company 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.
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.
The location(s) will be determined in the plan approval and operating permit
process.
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. Disinfection Byproducts (DBP) Monitoring
a. This water system will be required to conduct monitoring for disinfection
byproducts in the distribution system once disinfection is installed and operating.
[R309-210-10(1)(b)]
b. The number and frequency of required DBP samples will be communicated to the
water system during the plan approval process.
c. The water system will be required to prepare and submit a DBP sample site plan
prior to sampling, after disinfection is installed and operating. [R309-210-10(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 Whittaker Well (WS005) and Topaz Well #1 (WS008) 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
Whittaker Well (WS005) and Topaz Well #1 (WS008) (assessment monitoring)
during the operating period and shall continue for a minimum of 12 months.
This schedule will begin in September 2024.

ii. This sample is in addition to the routine monthly distribution system samples
(DS001). Please label the source sample as WS005 and WS008 (for both the
facility ID and sample point ID) on all laboratory forms.

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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
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 SOTD 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.

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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 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 SOTD 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 SOTD 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:_____________________________________

DIAMOND VALLEY ACRES WATER COMPANY

By:___________________________________

Name:_________________________________

Title:__________________________________

DATE:_________________________________

) ' ( $ ) " — / @ ? v A ? A C @ ? w A ? ˜
Rene Fleming
Rene Fleming
President
10/10/2024
Nathan Lunstad (Oct 10, 2024 13:25 MDT)
10/10/2024

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Stipulated Order to Disinfect Schedule UTAH27065

System Name: Diamond Valley Acres
System Number: UTAH27065
Administrative Contact: Maegan Belmont
Email: [e-mail]
Phone Number: 435-268-1110
Corrective Action Requirements and Due Dates

Date of Issuance:___________________________
Distribution System, DS001
Item #1 Code Facility Deficiency Rule Citation
S001 DS001 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 an adequate secondary
disinfection plan as described in item 24 of this order.
Within 60 days of the Date of
Issuance of this Order.

Item #2 Code Facility Violation Rule Citation
1A DS001 MCL, E. coli, POS E. coli (RTCR) R309-211-6
Violation Number Period Analyte
4019726 05/01/2024 - 05/31/2024 E. coli
Corrective Action Completion Due Date
Take all required total coliform rule samples and submit the
plan for adequate secondary disinfection as required in item
24 of this Order.
Within 60 days of the Date of
Issuance of this Order.

Item #3 Code Facility Violation Rule Citation
1A DS001 MCL, E. coli, POS E. coli (RTCR) R309-211-6
Violation Number Period Analyte
4019725 06/01/2024 - 06/30/2024 E. coli
Corrective Action Completion Due Date
Take all required total coliform rule samples and submit the
plan for adequate secondary disinfection as required in item
24 of this Order.
Within 60 days of the Date of
Issuance of this Order.
10/10/2024

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IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:_______________________________________

Nathan Lunstad, PhD, P.E.

Director

DATE:_____________________________________

DIAMOND VALLEY ACRES WATER COMPANY

By:___________________________________

Name:_________________________________

Title:__________________________________

DATE:_________________________________
) ' ( $ ) " — / @ ? v A ? A C @ ? w A ? ˜
Rene Fleming
Rene Fleming
President
10/10/2024
Nathan Lunstad (Oct 10, 2024 13:25 MDT)
10/10/2024