DDW-2024-012403

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 4, 2024

Trevor Covington
Mountain Green Subdivision Water Association
aka Mountain Green Water Association
5756 West Poll Drive
Morgan, UT 84050

Subject: Failure to Address a Formal Order - Mountain Green Subdivision Water
Association UTAH15015

Dear Trevor Covington:

On September 25, 2023, the Director of the Utah Division of Drinking Water (Division) issued a
formal Not Approved Order to the Mountain Green Water Association (System). A copy of the
Not Approved Order is attached for your reference. A review of the Division's records indicates
that Mountain Green Water Association has failed to meet the following deadline for compliance:

Item
#1
Code Facility Deficiency Rule Citation
S033 DS001 Community without naturally
flowing sources lack backup
power for at least one water
source
R309-515-6(2)(a)
Corrective Action Completion Due Date
Ensure that the system has backup power for at least
one water source
03/30/2024

The above item was due on March 30, 2024. The System has been operating in violation of the
Not Approved Order since that date. Among other remedies available to the Division, the Not
Approved Order provides for stipulated penalties as follows:

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
Mountain Green Water Association
Page 2 of 2
September 4, 2024

$5,000 per day of violation. Under certain circumstances of willfulness or gross negligence,
a Utah district court judge may impose an additional penalty of 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).

The Division estimates that the total penalty amount today would be in excess of $120,000.
These deficiencies represent a potentially significant risk to the public health of the Mountain
Green Water Association customers.

This is not a formal notice of violation or administrative order but provides the Mountain Green
Water Association with the opportunity to correct this violation and come into compliance before
a penalty is assessed.

The Division requests a written response within 30 days of receipt of this letter stating progress
and a proposed completion date for the resolution of the current deficiencies. Failure to respond
can result in further enforcement, including requesting that the Attorney General’s Office
file a civil action in state district court to obtain civil enforcement of the Not Approved
Order and to collect accrued stipulated penalties. A written response to this letter is required.
A phone call will not relieve the responsibility to respond to this letter in writing.

If you have questions, please reach out to Brandi Smith at (385)-515-1650.

Sincerely,

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

Enclosure

cc: Matthew Miller, Mountain Green Water Association, [e-mail]
Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Scott Braeden, Weber-Morgan Health Department, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
Bret Randall, Utah Attorney General's Office, [e-mail]
Cameron Draney, Division of Drinking Water, [e-mail]
Helen Lau, Division of Drinking Water, [e-mail]
Ryan Dearing, Division of Drinking Water, [e-mail]

CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Approved” Rating
Determination for Mountain Green Subdivision Water Association. UTAH15015 via
registered mail to the following:

Trevor Covington

REGISTERED MAIL #
Mountain Green Subdivision Water Association
aka Mounta Green Water Association
5756 West Poll Dr.
Morgan, UT 84050

D’Lynn Poll
Registered Agent

REGISTERED MAIL #
Mountain Green Subdivision Water Association
5880 West Old Highway Road
Morgan, UT 84050

_______________________________
Name

_______________________________
Date