HomeMy WebLinkAboutDDW-2024-012920195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone (801) 536-4200 • Fax (801) 536-4211 • T.D.D. (801) 536-4284
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 12, 2024
Red Wash Drinking Water
Scott Atwood
11002 E 17500 S
Vernal, UT 84078
Subject: Extension of Initial Order for New Public Water System, Red Wash UTAH24020
Dear Scott Atwood:
On March 27, 2024, the Director of the Division of Drinking Water (“Director”) issued an Initial
Order for New Public Water System (“IO”) to Red Wash UTAH24020 (“System”). The Director
received an extension request for item(s) of the IO (see Appendix A). Those items are as follows:
25.Plan Review
(a)Engineering Evaluation Report: This water system has been included in the
Division’s database as a Non-Public public system, but the system design has not
been reviewed for compliance with Utah’s public drinking water system standards
in Utah Administrative Code R309-500 through 550. Respondent shall submit an
Engineering Evaluation Report prepared by a Professional Engineer licensed
to practice in Utah to the Division on or before 180 days from the date of
issuance of this order. The engineering evaluation report shall contain detailed
information of all current drinking water facilities including source springs and/or
wells, storage tanks, pumps, distribution system, number of connections, water
rights, System schematics, hydraulic model report, etc.
An Engineering Evaluation Report is a document used to start the process of the
Division’s review of all the existing drinking water facilities associated with your
system to ensure compliance with the current design and construction standards for
public drinking water systems (Utah Code R309-550). The Division will use this
report to enter all drinking water facilities into the Division’s database and to
determine all drinking water facilities meet applicable R309-500 requirements to
protect the public’s drinking water.
If the design meets Division rules, the Division will issue after-the-fact Plan
Approval and an Operating Permit for all drinking water facilities detailed in the
Red Wash Drinking Water
Page 2 of 4
September 11, 2024
Engineering Evaluation Report. A new water system’s rating becomes “approved”
after it obtains an Operating Permit from DDW. Please contact Nathan Hall, DEQ
District Engineer at (435) 630-3852 or nhall@utah.gov if you have any questions
regarding the engineering evaluation report.
(b) Plan Review Files: Rules R309-500 through 550 govern the design, construction,
operation, maintenance, and plan review procedure requirements for drinking water
projects. Drinking Water Projects are defined in Rule R309-500-5(1) as any part of
the project that includes the construction of, addition to, or modification of a public
drinking water facility that may affect the quality or quantity of water delivered. The
Division will track the review of the Engineering Evaluation Report and the system
infrastructure under File # 13625.
If improvements need to be made to the existing water system, all Drinking
Water Projects must have Division Plan Approval prior to construction and
Division issuance of an Operating Permit before facilities can be placed into
service.
Please see our website, www.drinkingwater.utah.gov for general information on the
Plan Review process, documentation required, and contact Nathan Hall, DEQ
District Engineer at (435) 630-3852 or nhall@utah.gov regarding the permitting
process.
(c) Operating Permit: Respondent shall complete all of the Director’s requirements
to obtain an After-the-Fact Operating Permit on or before 18 months from the
date of issuance. The Division will assess 50 deficiency points for using unapproved
facilities and 200 deficiency points for using an unapproved water source if this
water system is in operation and does not obtain an Operating Permit for the entire
water system on or before 18 months from the date of issuance.
30. Operator Certification
A Non-Transient Non-Community drinking water system that serves a population of 65
requires a Direct Responsible Charge Operator (DRC) to be certified at a Small Systems
Level to operate the system. The System must obtain the appropriate grade level of
certification on or before 365 days from the date of issuance. For any questions regarding
the operator certification rules, contact Dawnie Jacobo at (385) 272-5038 or
DDWOpCert@utah.gov.
31. Monitoring and Reporting Requirements
c. Lead and Copper Monitoring
Five lead and copper first-draw tap samples are required from the distribution system
every six months. After two consecutive six-month sample periods, the frequency
Red Wash Drinking Water
Page 3 of 4
September 11, 2024
may be reduced to annual or once every three years. Respondent shall send the
results of the analyses to the Division. Please refer to this letter for the most
accurate information, or contact Dylan Martinz at (385) 278-3807
(dylanmartinez@utah.gov).
d. Chlorination Monitoring:
i. Respondent shall measure free chlorine concentrations for each load of
hauled water and submit a monthly water hauling report to the Division.
The free chlorine residual shall be measured at least twice for every load of
water hauled. The free chlorine residual in the tank shall be measured when
the same batch of water is loaded and unloaded. The measured free chlorine
residual shall be recorded, be provided to the Division of Drinking Water
monthly, and maintained by the Public Water System receiving the hauled
water. If a free chlorine residual is not detected at the time of delivery, the
water must be discarded.
ii. Respondent shall measure and report distribution system chlorine
residual results for the System to the Division. Chlorine residuals shall be
taken from different locations throughout the distribution system a minimum
of 3 times per week, for a total of 12 times per month in accordance with
UAC R309-105-10-(1)(c). The distribution system chlorine residual averages
can be reported online at https://mrdl.utah.gov. The chlorine residual data
are due by the tenth day of the month following each quarter, i.e., January
10th, April 10th, July 10th, and October 10th.
iii. All chlorine residuals shall remain detectable in the distribution system, but
shall not exceed 4.0 ppm. Please contact Luke Treutel at (385) 258-6084
(ltreutel@utah.gov) for disinfection by-products (DBP) sampling
requirements.
f. Disinfection Byproduct Sample Site Plan
i. Respondent shall develop a written DBP sample site plan with at least two
DBP sample sites. Respondent shall collect the DBP samples according to
the written sample site plan. Included with this Order is a blank copy of the
Disinfection Byproduct Sample Site Plan. A completed sample site plan must
be submitted to the Division by 30 days from the date of this letter. For any
questions regarding the DBP sample site plan, contact Luke Treutel at (385)
258-6084 (ltreutel@utah.gov).
g. Monitoring Schedule
A current monitoring schedule for the System has been enclosed. Respondent shall
become current with System total coliform monitoring and submit a sample site
Red Wash Drinking Water
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September 11, 2024
plan to the Division by May 1, 2024, lead and copper monitoring requirements
by December 31, 2024, and DBP monitoring requirements by September 30,
2025. Please contact Mark Berger at (801) 641-6457 (mberger@utah.gov) for
general monitoring schedule questions.
Because the System is showing improvement in correcting deficiencies and attempting to achieve
compliance, I am granting an extension for the items listed in Appendix A with associated due
dates.
With the issuance of this extension, the Red Wash will remain unrated.
Please continue to work with Division staff and your local health department to remain in
compliance. Under Utah law, the Director of the Division is required to provide notice of
violations of the Utah Safe Drinking Water Act (the “Act”), the rules, or orders and to otherwise
enforce compliance with regulatory requirements; this includes violations of the IO.
If you have any further questions, please contact Colt Smith at (385) 515-1529 or
acsmith@utah.gov.
Sincerely,
Nathan Lunstad, Ph.D., P.E.,
Director
Division of Drinking Water
Enclosures: Appendix A
Improvement Priority System (IPS) Report
Monitoring Report
cc: Terry Smith, Rural Water Association of Utah, tsmith@rwau.net
Ty Leydig, Rural Community Assistance Corporation, tleydig@rcac.org
Cindy Austreng, Tri-County Health Department, caustreng@tricountyhealth.com
Jason Mclaren, Middle Fork Energy Uinta LLC, 1401 Wynkoop Street STE 300 Denver, CO 80202
CT Corporation System, Registered Agent, 1108 East South Union Avenue, Midvale, UT 84047
Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov
Nathan Hall, P.E., DEQ District Engineer, nhall@utah.gov
Rules Managers
New System Order Due Dates Date of Issuance: September 12, 2024 Page 1 of 3
Appendix A
Enforcement Order Schedule UTAH24020
System Name: Red Wash
System Number: UTAH24020
Administrative Contact: Scott Atwood
Email: scott.atwood@kodares.com
Phone Number: 435-383-2347
New System Order Due Dates
Date of Issuance: September 12, 2024
Plan Review
Item 25b Engineering Evaluation Report Rule Citation
R309-500
Action Completion Due Date
Submit an Engineering Evaluation Report prepared by a Utah
licensed engineer containing detailed information on all
system facilities.
December 31, 2024
Division of Drinking Water Contact
Nathan Hall
(435) 247-1167
nhall@utah.gov
Item 25c Operating Permit Rule Citation
R309-500-4
Action Completion Due Date
The respondent shall complete all requirements to obtain an
Operating Permit.
December 31, 2025
Division of Drinking Water Contact
Nathan Hall
(435) 247-1167
nhall@utah.gov
New System Order Due Dates Date of Issuance: September 12, 2024 Page 2 of 3
Operator Certification
Item 30 Operator Certification Requirement Rule Citation
This system requires a Direct Responsible Charge (DRC)
operator.
R309-105-11
Action Completion Due Date
The respondent shall submit documentation to the Division
showing the system has a direct responsible charge operator
certified at the required level.
June 30, 2025
Division of Drinking Water Contact
Dawnie Jacobo
385-272-5038
DDWOpCert@utah.gov
Monitoring and Reporting
Item 9c Lead and Copper Monitoring Rule Citation
R309-200-5(2) and R309-210-6
Action Completion Due Date
The respondent shall take and submit all required lead and
copper sampling.
December 31, 2024
Division of Drinking Water Contact
Dylan Martinez
385-278-3807
dylanmartinez@utah.gov
Item 9c Chlorination Monitoring Rule Citation
R309-215-16(3) and R309-105-
10(1)(c)
Action Completion Due Date
The respondent shall measure and report all required chlorine
residual data and complete and submit required monthly water
hauling reports.
Samples to begin October 1, 2024
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 9c Disinfection By-Product Monitoring Rule Citation
R309-210-10(2)
Action Completion Due Date
The respondent shall take and submit all required disinfection
by-product samples.
September 30, 2025
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
New System Order Due Dates Date of Issuance: September 12, 2024 Page 3 of 3
Item 9c Disinfection By-Product Sampling Site Plan Rule Citation
R309-210-10(3)
Action Completion Due Date
The respondent shall submit an adequate disinfection by-
products sample site plan.
June 30, 2025
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER
By:
Nathan Lunstad, Ph.D., P.E.
Director
DATE: ___________________________________ September 12, 2024