DDW-2024-012404

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
Tim Davis
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
September 25, 2023

Matthew Miller
Mountain Green Water
5873 West Poll Dr.
Mt. Green, UT 84050
Subject: Administrative Order: “Not Approved” Rating Determination for Mountain Green Water
Association UTAH15015

Dear Matthew Miller:

Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable
drinking water and to protect public health. The Mountain Green Water Association is in significant non-
compliance with its obligations under the Utah Safe Drinking Water Act and the Utah Drinking Water
Rules as well as the Federal Safe Drinking Water Act. Therefore, the Division of Drinking Water must
downgrade the rating of the Mountain Green Water Association to “Not Approved” status, in accordance
with the Utah Drinking Water Rules.

Enclosed is the Administrative Order: “Not Approved” Rating Determination. I encourage you to contact
me or my staff and to take the steps necessary to return to compliance as soon as possible.

Sincerely,

Tim Davis
Director, Division of Drinking Water

cc: Matthew Miller, Mountain Green Water, [e-mail]
Scott Braeden, Weber Morgan Health Department, [e-mail]
Helen Lau, Division of Drinking Water, [e-mail]
Mike Newberry, Division of Drinking Water, [e-mail]
Brent Arns, Division of Drinking Water, [e-mail]
Colt Smith, Division of Drinking Water, [e-mail]
Brandi Smith, Division of Drinking Water, [e-mail]

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Mountain Green Water Association

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING
DETERMINATION

Docket No. UTAH15015

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION
(“Order”), relating to the Mountain Green Water (the “System”), has been issued by the Director
of the Utah Division of Drinking Water (“Director”) based on the authorities and findings
provided herein. Notice of this Order is being provided to Matthew Miller, an administrative
contact, 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, 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 in 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.

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6. UAC 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
R309-400. This rule is generally known as the Improvement Priority Rating (“IPS”) rating
system.
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.” For systems
exceeding the point threshold, the Director may 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.
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 through the issuance of 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
Based on information in the Division’s administrative files, the Director makes the following
Findings for purposes of this Order:

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1. There exists in and around Morgan County a drinking water system, known as the
Mountain Green Water Association (the “System”). The System generally includes a well,
storage, and distribution, and serves a population of approximately 50 persons. 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.
2. The Supplier 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. The
Supplier qualifies as a “person” within the meaning of the Utah Safe Drinking Water Act
and the Utah Public Drinking Water Rules.
3. The System qualifies as a community system under the Utah Public Drinking Water Rules.
The maximum number of points allowed for this type of system is 150.
4. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System
has been assigned 170 points. This number exceeds the threshold provided in the IPS
Rule. The Master IPS Report is incorporated herein by this reference.
5. The Director hereby ratifies and adopts the violations and deficiencies reflected in the
Master IPS Report, along with all previous actions by the Division that relate to such
violations and deficiencies. Such actions include sanitary surveys, notices of violation,
and the assessment of points for such violations and deficiencies, all as reflected in the
Division’s administrative files relating to the System.
6. Prior to issuing this Order, the Director provided the Supplier with notice of the System’s
then-current Master IPS report and afforded the Supplier with an opportunity to provide
any rebuttal or objections to the Director for consideration. Despite these notices, the
Supplier has failed to reduce the System point assessments below the threshold.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as
follows:
1. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water
Rules

2. The Supplier shall provide a Tier II public notice of the substance of this Order
(specifically, the Director’s rating of the System as “Not Approved”), pursuant to UAC
R309-100-8(1) and R309-220-6(3), as follows:
(a) Such notice shall be provided to each, and every customer related to the System (or
who otherwise receives a bill for water service). Such notice must be reasonably
calculated to provide actual notice to such persons and may be provided through
mail or direct delivery, hand delivery, publication in a local newspaper, posting in
public places served by your system, or the System or Supplier’s website, if
applicable;

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(b) Such notice shall be provided to the health department with jurisdiction over the
System.
(c) For each 90-day period that the System is rated as “Not Approved,” the Supplier
shall provide repeat notices to all consumers served by the System, in accordance
with the schedule applicable to Tier II notices.
(d) In accordance with UAC R309-105-16(3), within 10 days of completing the public
notification requirements described above (for the initial public notice and any
repeat notices), the Supplier shall submit to the Director a certification that it has
fully complied with the notice requirements described above. Such certification
shall include a representative copy of each type of notice distributed, published,
posted, and made available in accordance with this Order.
3. Attached hereto as Exhibit B is a preliminary Enforcement Order Schedule – UTAH15015
(“Enforcement Order Schedule”) listing the violations and deficiencies associated with the
System. Within 30 days of the Date of Issuance, the Supplier shall submit to the Director
a complete Enforcement Order Schedule describing in detail the specific corrective actions
the Supplier shall undertake in order to resolve the violations and deficiencies as described
in the Master IPS Report, including the dates when such actions are expected to be
completed. If the Director finds that the Supplier’s Enforcement Order Schedule
submission is adequate and reasonable to ensure compliance, the Director will attempt to
negotiate a form of Compliance Agreement / Enforcement Order (“CA/EO”) that is
acceptable to the Director. If negotiations are not successful or if the Supplier fails to
submit a timely or complete Enforcement Order Schedule, the Director may pursue other
enforcement actions in order to resolve the violations and deficiencies described in the
attached Master IPS Report, together with any other accrued violations and deficiencies.
GENERAL PROVISIONS

1. This Order 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.
2. Nothing contained in this Order shall preclude the Director from taking actions to include
additional penalties against the Supplier for future violations of State or Federal law.
3. The Date of Issuance shall be the date that this Order is signed by the Director.
4. The dates set forth in the Order section of this Order 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.

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COMPLIANCE AND PENALTY NOTICE

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 $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).
CONTEST AND APPEAL RIGHTS

1. This Order is effective immediately and shall become final unless the Supplier contests
its validity or correctness in writing within thirty (30) days of the date of its issuance.
See Utah Code Utah Code § 63G-4-102(2)(k). The validity or correctness of this Order
may be contested by filing a written Request for Agency Action in accordance with UAC
R305-7. Filing a request for a hearing or a general statement of disagreement is not
sufficient under Utah Code § 63G-4-201(3)(a) to preserve your right to contest the validity
or correctness of this Order. A request for Agency Action must include the information
specified in UAC R305-7. Contest proceedings are also governed by Utah Code Section
19-1-301. Failure to file a Request for Agency Action within the period provided operates
waives any right of the administrative contest, reconsideration, review, or judicial appeal.
An extension is only available under UAC R305-7.
2. To contest the validity or correctness of this Order, the Supplier must respond in writing
and must comply with the applicable procedural requirements found at UAC R305-7 and
with the applicable requirements of the Utah Administrative Procedures Act, including
Utah Code § 63G-4-201(3)(a) and (b). The Supplier’s written Request for Agency Action
must be received by the Director within 30 days of the date of issuance of this Order. The
written Request to the Director should be addressed to Tim Davis, P.O. Box 144830, Salt
Lake City, UT 84114-4830. Initiation of an appeal proceeding via email or fax is not
permitted.
IT IS SO ORDERED.
DATED this _____ day of __________, 2023.
DIVISION OF DRINKING WATER

By:

Tim Davis

Director
25 September

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Exhibit B
Enforcement Order Schedule UTAH15015-a01
System Name: Mountain Green Water
System Number: UTAH15015
Administrative Contact: Matthew Miller
Email: [e-mail]
Phone Number: 801-910-7212
Corrective Action Requirements and Due Dates
Distribution System, DS001
Item
#1
Code Facility Deficiency Rule Citation
S033 DS001 Community system without naturally
flowing sources lacks backup power
for at least one water source
R309-515-6(2)(a)
Recommended Corrective Action Completion Due Date
Ensure that the system has backup power for at least one
water source
3/30/2024

Source, WS001
Item
#2
Code Facility Deficiency Rule Citation
SP03 WS001 DWSP plan not implemented
according to management strategies
in DWSP
R309-600-13 & R309-605-9
Recommended Corrective Action Completion Due Date
Submit documentation showing that the water system has
the appropriate DWSP plan and has been approved by the
division
03/30/2024

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Tim Davis

Director

DATE: ___________________________________ September 25, 2023