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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 Page 4 of 4 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