DDW-2024-012894

October 29, 2024
Last Chance Lakes Homeowners Association, Inc.
Attn: Rick Lybbert, Registered Agent
166 Cottonwood Loop
Saratoga Springs, UT 84045
Dear Rick Lybbert:
Subject: Notification of Public Drinking Water System Type Change Last Chance Ski Ranch,
UTAH23088
On October 5, 2023, March 29, 2024 and July 26, 2024, Brian Pattee with the Utah Division of
Drinking Water conducted site visits of the Last Chance Ski Ranch public drinking water system.
During these visits it was documented that there are no full time residents as per the HOA
management, water system operators (past and present), and several property owners. After
careful review and consideration of the information and facts documented resulting from these
site visits, the Utah Division of Drinking Water (Division) has determined the Last Chance Ski
Ranch type classification will be changing from Community to a Transient Non-Community
water system.
This change in system type carries significant implications for the system's operations and
regulatory requirements. We understand that this transition may raise questions or concerns, and
we are committed to providing you with all the necessary support and guidance throughout this
process. This letter and its attached reports are to assist you in maintaining compliance with the
Safe Drinking Water Act and protecting public health.
Notice Of Agency Action - System Type Change
This enclosure lists the state and federal authorities the director has in order to determine a
system-type change. It outlines your rights to appeal and the process by which you can make
such an appeal. It serves as formal notice that this is an agency action and provides legal notice
of your system-type change.
Source Monitoring
The water system’s source monitoring sampling requirements have changed. As a transient water
system, this system is now only required to monitor for nitrate, sulfate and arsenic (R309-205
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
Last Chance Lakes Homeowners Association, Inc.
Page 2 of 3
and R309-215). The sampling frequencies for each is different and is specified in the enclosed
water monitoring schedule, and is available to view anytime online at waterlink.utah.gov. For
any questions regarding the source monitoring requirements for this system, contact David Kruse
at [phone] or [e-mail] .
Lead and Copper
Due to being classified as a transient non-community system, it is no longer required to monitor
for lead and copper. Your monitoring schedule for lead and copper has been removed.
Questions regarding Lead and Copper monitoring should be directed to Dylan Martinez at
[e-mail] or at [phone].
A current monitoring schedule for your system has been enclosed, showing a summation of the
monitoring requirements listed above. If you have questions regarding your new monitoring
requirements, please contact Mark Berger at [phone] or [e-mail].
Operator Certification Requirements
The system is classified as a transient water system serving a population of 41 persons and
includes water treatment. This requires a certified Treatment Grade 1 (T1) operator serving as the
Direct Responsible Charge Operator (DRC). According to our records, the system has an
operator certified at the level of the system designated as a Direct Responsible Charge (DRC). If
the population or the complexity of the water system changes, a higher level of certification may
be required.
We have updated the System’s operator certification requirements in the Division’s Improvement
Priority System (IPS). Failure to comply would be a significant deficiency and subject to demerit
points.
Visit ddwopcert.utah.gov for more information regarding the R309-300 Certification Rules for
Water Supply Operators, how to become a certified operator, or to post a job position for
operators. For questions, contact Dawnie Jacobo at 385-272-5038 or [e-mail].
Cross Connection Control Requirements
Non-Community water systems must complete Backflow 101, or an equivalent cross connection
control training.
Visit backflow.utah.gov for more information regarding the R309-105-12 rule for
cross-connection control, how to become a certified cross-connection administrator and more
cross-connection resources. For cross-connection control questions, contact Gary Rager at (385)
549-7609 or [e-mail].
Last Chance Lakes Homeowners Association, Inc.
Page 3 of 3
Notice of Appeal Rights
The Director of the Division has authorized me to issue this letter on behalf of the Division. If
you feel the Division’s determinations are in error, the Supplier’s rights to contest this
determination are outlined in the attached Notice of Agency Action - System Type Change.
Failure to appeal within 30 days results in this determination being final, all as outlined in
the attached legal notice.
Additionally, nothing in this notice prevents the Director from initiating formal enforcement at
any time. We urge you to take immediate action on this matter. Compliance with the standards
and regulations for drinking water, as outlined in the Utah Safe Drinking Water Act, the Utah
Drinking Water Rules, and the Federal Safe Drinking Water Act, is essential to ensure safe,
reliable drinking water and to protect public health.
We are dedicated to working together with you to help you come into compliance. If you need
assistance responding to this notice, please contact Helen Lau at [phone] or
[e-mail].
Sincerely,
Helen Lau
Compliance and Operator Assistance Section Manager
Enclosure: Notice of Agency Action- System Type Change
Monitoring Schedule
Revised Total Coliform Rule (RTCR) Sample Site Plan
cc: Rick Lybbert, Last Chance Lakes Homeowners Association, Inc., [e-mail]
Bryan Slade, Tooele County Health Department, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail]
Brent Arns, Utah Division of Drinking Water, [e-mail]
Chris Martin, P.E., Utah Division of Drinking Water, [e-mail]
EQDWmonitoring, EQDWFS
Helen Lau (Oct 29, 2024 17:16 MDT)
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the matter of:
Last Chance Ski Ranch, UTAH23088 NOTICE OF AGENCY ACTION -
SYSTEM TYPE CHANGE
To the extent that the matters addressed in the attached communication qualify as agency actions
under the Utah Administrative Procedures Act, Title 63G, Chapter 4, notice is hereby given to
the Supplier responsible for the above-referenced public water system as follows:
STATUTORY AND REGULATORY AUTHORITY
1. The matters addressed in the attached communication have been determined, directly or
indirectly, by the Director of the Division of Drinking Water, pursuant to the following
statutory and regulatory authorities.
2. 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”).
3. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah
Code § 19-4-101, with the intent of achieving Primacy.
4. 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 Admin. Code Title R309.
5. 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.
6. The Board has defined public water systems under the Utah Public Drinking Water Rules,
Utah Admin. Code R309-110-4.
Notice of Agency Action - System Type Change Page 1 of 4
7. Among other requirements, the Utah Public Drinking Water Rules provide that all public
water systems must be classified based on the number of persons served and the types of
use ( e.g. , community, non-transient, non-community, transient non-community, seasonal).
The Director is required to establish the classification of each public water system based
on the factors identified in the rules and may change a system’s classification based on a
change in circumstances. See Utah Admin. Code Section R309-100-4.
8. The Utah Public Drinking Water Rules include many requirements implemented by the
Director, including monitoring and water quality, operator certification, cross-connection
control and backflow prevention certification, system plan review, drinking water
disinfection, treatment, and source development, drinking water storage and distribution,
and drinking water source protection. The rules require that the Director directly or
indirectly implement agency actions in a variety of contexts. See Utah Admin. Code Title
R309.
9. Utah Admin. Code 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 Utah Admin. Code R309-400. This rule is generally known as the
Improvement Priority System (“IPS”) rating system.
10. Utah Admin. Code R309-400-4 provides that a water system’s IPS rating shall be
assigned “based on the evaluation of the operation and performance of the water system
in accordance with the requirements of the Rules,” based on a point system established
by the Board. Generally, the number of points represents the threat to the quality of the
water and therefore public health.
11. Utah Admin. Code R309-400-4(3) sets the maximum number of points any given type of
system may have before it is rated by the Director as “Not Approved” status. For
systems exceeding the point threshold, the Director is required to 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.
12. Utah Admin. Code R309-400-11 allows the Director to assess points against public water
systems upon their failure to comply with Division directives and orders.
13. Utah Admin. Code R309-400-4 allows the Director to rate any public water system as
“Not Approved” at any time if an immediate threat to public health exists.
14. Utah Admin. Code R309-400-4(c) provides that a public water system may qualify for a
“Corrective Action” rating for its public water system upon submission of a written
agreement stating a willingness to comply with the requirements set forth in the Rules
and complying with other requirements.
15. Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also Utah Admin. Code R309-100-8.
Notice of Agency Action - System Type Change Page 2 of 4
16. Utah Code § 19-4-107 provides that upon discovery of any violation of a rule or order of
the Board, the Director shall promptly notify the operator of the public water system of
the violation, state the nature of the violation, and issue an order requiring correction of
that violation.
17. 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, in a civil proceeding, to a civil penalty of up to
$5,000 per day of violation.
18. Section R309-100-8 provides that the Director may take appropriate actions to address
public health risks arising from emergency situations.
19. The Utah Administrative Procedures Act requires that whenever the Director takes an
agency action, appropriate notice of the agency action be provided. See Utah Code §
63G-4-201.
GENERAL PROVISIONS
20. The person signing the attached communication on behalf of the Division has done so
under the authority of the Director.
21. The agency actions addressed in the attached communication in no way limit the
Director’s authority to respond to emergency situations involving public drinking water,
including emergency situations as described in Section R309-105-18, in a manner
appropriate to protect public health. The Director's enforcement actions may include
ordering water suppliers to take appropriate measures to protect public health, including
issuance of orders pursuant to Section 63G-4-502, if warranted.
22. Nothing contained in the attached communication shall preclude the Director from taking
actions to include additional penalties against the recipient for future violations of State
or Federal law.
23. The date of issuance shall be the date that the attached communication is signed.
24. Any dates set forth in the attached communication may be extended in writing by the
Director, in the Director’s sole discretion, based on the recipient’s showing of good cause.
Good cause for an extension generally means events outside of the reasonable control of
the recipient, such as force majeure, inclement weather, contractor or supplier delays, and
similar circumstances. However, the Director expects the recipient to employ reasonable
means to limit foreseeable causes of delay. The timeliness of the recipient’s request for
an extension shall constitute an important factor in the Director’s evaluation.
CONTEST AND APPEAL RIGHTS
25. The agency action addressed in the attached communication is effective immediately and
shall become final unless contested in writing within thirty (30) days of the date of
its issuance .
Notice of Agency Action - System Type Change Page 3 of 4
26. The Director designates that any appeal involving the matters addressed in the attached
communication shall be subject to informal agency adjudication procedures under the
Utah Administrative Procedures Act, Section 63G-4-203, with the Director serving as the
presiding officer.
27. The agency action addressed in the attached communication may be contested by
filing a written notice of contest to the Director at the address listed below, within 30
days of the date of issuance. No particular form of notice of appeal is required, except
that the recipient shall identify all the grounds for the appeal in writing. The recipient
should also indicate whether a hearing is requested.
28. The adjudication of the appeal shall be conducted by the Director using informal
procedures. The Director may conduct a hearing or other meeting to address the appeal,
but a formal hearing is not required. Following the Director’s issuance of an order, under
Section 63G-4-301(6), addressing the appeal, there shall be no duty to exhaust further
administrative remedies under Section 63G-4-401(2).
29. Any appeal from the Director’s final order under Section 63G-4-301(6) shall be a trial de
novo before a district court under Sections 63G-4-401(3) and 63G-4-402.
30. For purpose of compliance with this agency action or service of an appeal, the Director’s
mailing address is:
Nathan Lunstad, Ph.D., P.E.
Director
Division of Drinking Water
P.O. Box 144830
Salt Lake City, UT 84114-4830
The recipient may also submit an appeal or other communication to the Director via
email ( [e-mail] ). If the recipient submits a notice of appeal to the Director via
email, the date the email is sent shall be deemed to be the date of delivery if the recipient
also mails a paper copy of the appeal to the Director at the above address.
31. The failure to file a timely notice of appeal to the Director within 30 days of the date
the attached communication is signed shall result in the agency actions addressed in
the attached communication becoming final and unappealable.
Notice of Agency Action - System Type Change Page 4 of 4