DDW-2024-012915

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 16, 2024

Manti City Corporation
℅ JoAnn Otten, City Recorder
50 South Main Street
Manti, Utah 84642

Subject: Groundwater Under the Direct Influence Determination and Order to Treat Manti
City UTAH20005

Dear JoAnn Otten:

We are writing to provide you with the Division’s Order to Treat (OTT) that addresses the
drinking water compliance issues currently affecting the Manti City Corporation (System).

The OTT includes milestones the Supplier responsible for the System must meet to comply with
the applicable regulations. It also references penalties that will be assessed if the System does not
meet the requirements and/or the deadlines. The OTT 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 this Groundwater
Under the Direct Influence Determination and OTT.

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 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.

Manti City
Page 2 of 2
September 16, 2024

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.
Division of Drinking Water

cc: Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Eric Larsen, Central Utah Health Department, [e-mail]
John Chartier, P.E., Utah Department of Environmental Quality, [e-mail]
Dani Zebelean, P.E., Utah Division of Drinking Water, [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]
Kent Barton, Manti City, [e-mail]
Cory Hatch, Manti City, [e-mail]
Allyson Spevak, Utah Division of Drinking Water, [e-mail]
EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Manti City Corporation Public Water
System

Order to Treat

Docket No. UTAH20005-2024-01

This Order to Treat (“OTT”) has been issued by the Director of the Utah Division of Drinking
Water (“Director”), under the Director’s legal authorities described below. This OTT has been
issued to Manti City Corporation, a Utah municipal 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.

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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.
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 AND CONCLUSIONS OF LAW
The Director makes the following Findings for purposes of this OTT:
15. Manti City Corporation (“Respondent”) is a Utah municipal corporation. Based on public
records on file with the Utah Lieutenant Governor’s Office:

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(a) Respondent has the following registered mailing address: 50 South Main
Street, Manti, Utah 84642

(b) The legal primary contact is JoAnn Otten, City Recorder, with the following
registered mailing address: 50 South Main Street, Manti, Utah 84642

16. There exists along Route 89, approximately five miles south of Ephraim in Sanpete County,
Utah, a drinking water system known as Manti City (the “System”) that serves a population
of approximately 3,429 persons. The System generally includes one active well, eight active
springs, two inactive sources, two storage tanks, one booster pump, one active gaseous
chlorinator, two inactive gaseous chlorinators, and an independent distribution system
serving approximately 1,200 residential service connections.
17. 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.
18. 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.
19. 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.
20. The Master IPS Report attached hereto as Exhibit A describes several violations and
deficiencies associated with the System, which form the basis of this OTD (the “Violations
and Deficiencies”). The Division asserts the information contained in the attached IPS
Report is true and correct as of the date shown on the Master IPS Report.
21. On March 25, 2024, Sarah Page and Dani Zebelean with the Utah Division of Drinking
Water and Utah Department of Environmental Quality District Engineer John Chartier
conducted a site visit to discuss the condition of the sources that combine into the GWR
Group Sampling Station (SSG01): Cold Spring (WS002), Middle Fork Spring (WS003),
Sister Spring (WS004), Milk Creek Spring (WS005), Hougaard Spring (WS006), North
Slope Spring (WS007), Big Spring (WS008), and Deer Trail Spring (WS010).
22. Per information provided by the Supplier at the site visit, in 2013, two of the springs in the
GWR Group Sampling Station (SSG01) started to demonstrate water quality issues
including high turbidity. The two springs causing the water quality issues were determined
to be Sister Spring (WS004) and Big Spring (WS008). In 2016, Sister Spring (WS004) was
redeveloped successfully and turned back into the system. In 2020, water quality issues were
again observed at SSG01 in relation to thunderstorms. Sister Spring (WS004) and Big
Spring (WS008) were again turned out of the system to resolve the water quality issues.
Since 2020, Sister Spring (WS004) and Big Spring (WS008) have been turned out of the
system from midsummer through the end of the fall monsoon season to avoid water quality
issues. However, in 2023, Sister Spring (WS004) and Big Spring (WS008) were turned back
into the system earlier than usual, and a monsoon event caused water quality issues including
E. coli positive samples. The Supplier’s investigation did not result in identification of a
clear deficiency causing the E. coli positive samples, and after some maintenance, all of the

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springs were turned back into the system. The Supplier intends to install a surface water
treatment plant to treat all sources feeding GWR Group Sampling Station (SSG01) in the
next two years to proactively address these water quality issues.
23. A total of 49 samples have been taken at GWR Group Sampling Station (SSG01) since July
2021. Of those samples, seven were total coliform absent and 28 were total coliform positive
and E. coli absent. The remaining 14 samples were total coliform positive and E. coli
positive. The months with E. coli positive samples were July, August, September 2023 and
one in June 2024.
24. The sample results detailed in paragraph 23, above, indicate the sources combining into the
GWR Group Sampling Station (SSG01): Cold Spring (WS002), Middle Fork Spring
(WS003), Milk Creek Spring (WS005), Hougaard Spring (WS006), North Slope Spring
(WS007), and Deer Trail Spring (WS010) are a low-quality groundwater sources that do not
consistently meet standards of bacteriologic quality. Based on this sample history,
continuous primary disinfection of the sources combining into GWR Group Sampling
Station (SSG01) and a detectable chlorine residual throughout the entire distribution system
are necessary to protect public health.
25. Additionally, the sample results and information detailed in paragraphs 23 and 24 above
indicate that Sister Spring (WS004) and Big Spring (WS008) are likely groundwater under
the direct influence of surface water. As of September 16, 2024, Sister Spring (WS004) and
Big Spring (WS008) are classified in the Division’s database as being groundwater under
the direct influence of surface water (GUDI).
ORDER
Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing, IT IS
HEREBY ORDERED as follows:
26. Sister Spring (WS004) and Big Spring (WS008) may not be used as drinking water
sources and the Supplier shall keep these sources turned out of the System until surface
water treatment is installed and operational or while 3-log giardia inactivation is being
achieved as described in paragraph 28 below. The System shall comply with the
requirement that all treatment must go through the Division’s Approval process including
issuance of a Division Operation Permit prior to the Sister Spring (WS004) and Big Spring
(WS008) being used as drinking water sources.
27. Attached hereto as the Enforcement Order Schedule – UTAH20005 (“Order to Treat
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 Order to Treat
Schedule, to the satisfaction of the Director, on or before the due dates identified in the Order
to Treat Schedule.

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28. Prior to using Sister Spring (WS004) and Big Spring (WS008) as drinking water
sources, the Supplier shall respond as part of the plan in paragraph 29 indicating one of the
following options. Options (a) and (b) must go through the Division’s Approval
process, including issuance of a Division Operation Permit:
(a) Install and operate a Division-approved surface water treatment facility. The
Supplier shall comply with all surface water treatment requirements.
(b) Operate the Cold Springs Chlorinator (TP002) with a Division-approved plan
to achieve 3-log giardia inactivation. This shall not be done if the total flow
exceeds the rate where the Supplier can successfully achieve 3-log giardia
inactivation and may only be employed for up to 18 calendar months from
the date Sister Spring (WS004) and Big Spring (WS008) were declared
GUDI in the Division of Drinking Water’s database.
(c) Abandoning the sources by permanently physically disconnecting the source
from the distribution system.
(d) The Supplier may temporarily inactivate the sources by physically
disconnecting the source from the distribution system while preparing for a
long-term solution. The Supplier shall notify the Division sixty days prior to
source reactivation and receive written approval from the Director prior to
reactivating the source.
29. 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 surface
water treatment at Sister Spring (WS004) and Big Spring (WS008) as described in
paragraph 28 (a)(b)(c)(d). 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 or as otherwise specified in the
proposed plan). The schedule must be approved by the Director before construction or
modifications can begin.
30. The Sister Spring (WS004) and Big Spring (WS008) are 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 (S150), and 200 Improvement Priority System points were assessed per source.
31. The Supplier shall conduct public notice as required for UDI designation. A public
notice template is found in Attachment One. The Supplier shall get approval from the
Division prior to distributing the required public notice and shall provide appropriate
documentation of the distribution.
32. If the supplier chooses to install and operate a Division-approved surface water treatment
facility, the Supplier shall provide the Division with a surface water Drinking Water Source
Protection (DWSP) plan prepared in compliance with R309-605-7 within 180 days of
issuance of this Order. According to R309-605-8, drinking water source protection for
groundwater sources under the direct influence of surface water sources will be

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accomplished through the delineation of both the groundwater and surface water
contribution areas. The requirements of R309-600 apply to the ground-water portion, and
the requirements of R309-605 apply to the surface water portion, except that the schedule
for such DWSP plans will be based on the schedule shown in R309-605-4(1). Division staff
will prepare the surface water delineation report for the Sister Spring (WS004) and Big
Spring (WS008) at the Supplier’s request.
33. The Supplier shall 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.
34. The Supplier shall 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]

GENERAL PROVISIONS
35. 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 OTT, 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 OTT,
the Act, or the Public Drinking Water Rules.
36. Upon satisfactory compliance with the OTT Schedule requirements, the Director shall issue
a subsequent administrative order closing out this OTT 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.
37. In the event of any violation of this OTT 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
administrative penalties under this OTT.
38. Nothing in this OTT 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 OTT, the Act, or the Utah Public Drinking Water Rules.
39. This OTT 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 OTT is without prejudice to all rights against the Supplier that the Director may
have pertaining to matters not addressed in this OTT, including (a) violations of this OTT;
(b) future violations of the Act or the Utah Public Drinking Water Rules; and (c) criminal
liability.

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40. The Director has the jurisdiction and authority to make the findings set forth in this OTT
and to otherwise enforce the terms of this OTT.

41. The date of issuance shall be the date that this OTT is executed by the Director.

42. In the Director’s sole discretion, violations of this OTT 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.

43. The dates set forth in the OTT 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 OTT 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.

COMPLIANCE AND PENALTY NOTICE

45. 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 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

46. 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

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the administrative contest, reconsideration, review or judicial appeal. An extension is only
available under UAC R305-7.

47. 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 Nathan Lunstad, 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 16th day of September, 2024.

DIVISION OF DRINKING WATER

By:

Nathan Lunstad, Ph.D, P.E.

Director of Drinking Water

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Order to Treat Schedule UTAH20005

System Name: Manti City Corporation
System Number: UTAH20005
Administrative Contact: Cory Reed Hatch
Email: [e-mail]
Phone Number: 435-835-2401
Corrective Action Requirements and Due Dates

Date of Issuance: September 16, 2024

Sister Spring, WS004
Item #1 Code Facility Deficiency Rule Citation
SP07 WS004 Surface Water Source Protection plan R309-605-7(1)(c)
Corrective Action Completion Due Date
Submit documentation showing the DWSP plan required in
paragraph 32 has been submitted to the Director.
Within 180 days of the Date of
Issuance of this Order.

Item #2 Code Facility Deficiency Rule Citation
S150 WS004 GWUDI Or Surface Water Source
Lacks Surface Water Treatment
R309-505-5(1)(a) to (d), R309-505-
7(1), R515-7(3), R309-520-6(3)(a)
and (4)
Corrective Action Completion Due Date
Submit documentation showing a plan meeting the conditions
set forth in paragraph 29 of this order.
Within 60 days of the Date of
Issuance of this Order.

Big Spring, WS008
Item #3 Code Facility Deficiency Rule Citation
SP07 WS008 Surface Water Source Protection plan R309-605-7(1)(c)
Corrective Action Completion Due Date
Submit documentation showing the DWSP plan required in
paragraph 32 has been submitted to the Director.
Within 180 days of the Date of
Issuance of this Order.

Item #4 Code Facility Deficiency Rule Citation
S150 WS008 GWUDI Or Surface Water Source
Lacks Surface Water Treatment
R309-505-5(1)(a) to (d), R309-505-
7(1), R515-7(3), R309-520-6(3)(a)
and (4)
Corrective Action Completion Due Date
Submit documentation showing a plan meeting the conditions
set forth in paragraph 29 of this order.
Within 60 days of the Date of
Issuance of this Order.

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IT IS SO ORDERED.
DIVISION OF DRINKING WATER

By:_______________________________________

Nathan Lunstad Ph.D., P.E.

Director

DATE: September 16, 2024