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HomeMy WebLinkAboutDDW-2024-012923 195 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 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 20, 2024 Kidd Ward Development, LLC Attn: Debra Ward Registered Agent 1315 East 950 South Springville, Utah 84663 Subject: Initial Order for New Public Water System for Lakeside UTAH12041 Debra Ward: According to information provided in the 2021 New Public Water System application, Kidd Ward Development, LLC., a Utah limited liability company, is the owner and/or operator of a Lakeside UTAH12041, a public water system (PWS) as explained in the Utah Safe Drinking Water Act and the Utah Public Drinking Water Rules in R309-100-4. As a result, the Director of the Division of Drinking Water is required by law to initiate a formal administrative process to recognize the system as a new public water system and to ensure that it complies with both state and federal drinking water regulations. As part of that process, I have attached an Initial Order for New Public Water System explaining the requirements for the system. The Division understands that compliance with state and federal legal requirements can involve significant administrative and financial burdens for public drinking water systems, especially new systems. Those regulations are designed to ensure that public water systems are able to provide safe and reliable drinking water to the people they serve. Coming into compliance with state and federal regulations can require time and resources. Utah’s public water systems, including your system, provide essential services that directly impact human health and welfare. The attached order includes contact information for Division staff with expertise in the rules and regulations that apply to public water systems. Sample containers are available from all certified laboratories. While the Division cannot recommend a specific laboratory, we have enclosed a list of certified laboratories that perform water testing. In all correspondence with our office and the laboratories, please indicate the public water system number. The number for your water system is UTAH12041. Clearly mark the system number on all samples. Enclosed is the inventory list for your system. Please carefully review this report and return it to our office with any corrections. Enclosed is also a copy of your Improvement Priority System (IPS) Report. IPS points are used to rate and track a water system’s compliance with state and federal drinking water regulations. This report indicates several dormant deficiencies associated with the required actions listed in the attached Order. These dormant deficiencies serve as a tracking tool and reminder; they do not affect the water system’s Kidd Ward Development, LLC Page 2 of 2 September 20, 2024 points or rating unless the due date for the required task has expired. The dormant deficiencies are removed from our database when the PWS completes the required tasks and notifies the Division. The Division has online tools to help manage your water system, including: ● Waterlink.utah.gov: WaterLink is an online tool that allows public water systems to access current system information, including the system’s inventory, monitoring schedules, IPS Report, operator records, and the system’s Bacteriological record for the last 12 months. To get full use out of these tools, you will need to create a Waterlink portal account. You can do this by navigating to the Public/Portals menu on the top right side of the waterlink.utah.gov home page and selecting the Portal. For help creating a WaterLink Portal account, please contact Mz. T (Tammie) Allen at (385) 272-5404 or tammieallen@utah.gov. ● Eqedocs.deq.utah.gov: Each water system’s public records are available here. These records may include previous monitoring results, Division correspondence, former Consumer Confidence Reports, and other documents related to the water system. Browse to your water system listed alphabetically under “County” to see what we have on record for your system. Please call the Division at (801) 536-4200 if you have any questions. We are here to help you through this process. If you have any questions about this Order, please contact Colt Smith at (385) 515-1529 or acsmith@utah.gov. To contest or appeal this Order, please contact Bret Randall of the Attorney General’s office at (801) 536-0284 or bfrandall@agutah.gov. Sincerely, Nathan Lunstad Ph.D., P.E. Director, Division of Drinking Water Enclosures: Initial Order for New Public Water Systems Improvement Priority System (IPS) Report Inventory List Total Coliform Sample Site Plan Template cc: Terry Smith, Rural Water Association of Utah, tsmith@rwau.net Ty Leydig, Rural Community Assistance Corporation, tleydig@rcac.org Shauna Benvegnu-Springer, Utah Division of Public Utilities, sbenvegn@utah.gov Brandon Mellor, Utah Division of Water Rights, bmellor@utah.gov Rachel Shilton, Utah Division of Water Resources, rachelshilton@utah.gov Eric Larsen, Central Utah Health Department, elarsen@centralutahhealth.org Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov David McKnight, Assistant Attorney General, dmcknight@agutah.gov Christopher Brown, EPA Region 8, brown.christopher.t@epa.gov John Chartier, P.E.,Utah Department of Environmental Quality, jchartier@utah.gov EQDWMonitoring, EQDWCOA, and EQDWFS 1 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER In the Matter of: Lakeside, a Utah Public Water System (UTAH12041) INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM Docket No. UTAH12041-2024-01 This INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM (“Order”) is issued by the Director of the Utah Division of Drinking Water (“Director”), under the Director’s legal authorities described below. This Order is issued to Kidd Ward Development, LLC, a Utah limited liability company, in its capacity as the “Supplier,” who is legally responsible for the water 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 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. 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 2 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 R309-400-5 provides that a water system’s IPS rating shall be assigned “based on the total number of points assessed for noncompliance” 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. 9. UAC R309-400-4(1)(a)(ii) 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. 10. UAC R309-400-4 allows the Director to assess points against public water systems upon their failure to comply with Division directives and orders. 11. UAC R309-400-5 allows the Director to rate any public water system as “Not Approved” at any time if an immediate threat to public health exists. 12. UAC R309-400-5 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. 13. 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. 14. 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 supplier of the violation, state the nature of the violation, and issue an order requiring correction of that violation. 15. 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. 16. The Director’s jurisdiction to issue this Order is based, in part, on Section 1447(a) of the Safe Drinking Water Act, codified at 42 U.S.C. § 300j-6. The federal act provides that if a 3 state has achieved enforcement primacy, then federal agencies are subject to the jurisdiction of the state agency with enforcement primacy. In directing federal facilities to be subject to and to comply with all state requirements “in the same manner and to the same extent as any [non-governmental entity,]” the explicit language of the federal act demonstrates Congress’ intention that federal facilities be treated as any other public water system covered by the federal act and, in turn, the state law (the Utah Safe Drinking Water Act) and rules that implement the federal act. Thus, the Director is required to assert jurisdiction over the Supplier in this matter in the same manner and to the same extent as any non-governmental entity. FINDINGS Based on information available to the Director, the Director makes the following Findings for purposes of this Order: 17. Kidd Ward Development, LLC (“Respondent”) is a Utah limited liability company. Based on public records on file with the Utah Division of Corporations: (a) Respondent has the following registered business address: 1315 East 950 South Springville, Utah 84663 (b) The legal registered agent of Respondent is Debra Ward, with the following registered agent address: 1315 East 950 South Springville, Utah 84663 . 18. There exists a public water system (the “System”) located approximately eight miles north-northeast of Scipio on the south shore of Yuba Lake in Juab County, Utah. The System is a public water system based on the following facts: (a) The Respondent owns a recreational home community. The development has a projected build-out of approximately sixty lots with each lot having a water connection. Respondent serves, or is planning to serve, culinary water to the foregoing population. (b) The community is required by county ordinance to not maintain full-time residents. (c) The Utah Division of Water Rights has classified this system as a seasonal system. However, this determination is not binding on the Division for purposes of drinking water regulation. (d) The System has two wells, two concrete storage tanks, two booster pumps, and an independent distribution system serving approximately 60 service connections. (e) Respondent owns and operates the System and is responsible for its maintenance and repair. 4 19. On October 25, 2021, Respondent submitted a Form for New Public Drinking Water System signed and submitted by Debra Ward. 20. Debra Ward is the system’s administrative contact for the Division of Drinking Water. 21. On December 27, 2021, the Division issued plan approval, under review file #12801, allowing the Supplier to begin construction on Lakeside Well #3 (WS001) and Lakeside Well #4 (WS002). 22. On page 2 of the December 27, 2021 Plan Approval letter, the Division informed the Supplier of the following requirement for an operating permit: (a) After drilling is completed, you are required to submit additional information outlined in R309- 515-6(5)(b) and (c) for review and obtain an approval from the Director for equipping this well and constructing discharge piping and infrastructure necessary for introducing the well water into the distribution system. After obtaining the well-equipping approval, you’ll then be required to obtain an Operating Permit before Lakeside Wells #3 and #4 may be put in service. A checklist outlining the well approval process, including the items required for well equipping and an Operating Permit, is enclosed for your information. 23. On February 24, 2022, the Division issued plan approval, under review file #12896, allowing the Supplier to begin construction of the System’s distribution system (DS001). 24. On page 2 of the February 24, 2022 Plan Approval letter, the Division informed the Supplier of the following requirement for an operating permit before putting the distribution system into service: (a) This approval pertains to construction only. An Operating Permit must be obtained from the Director before the Distribution System may be put in service. A checklist outlining the items required for operating permit issuance is enclosed for your information. 25. On June 6, 2022, the Division of Drinking Water issued plan approval, under review file #12944, allowing the Supplier to begin the modifications on the existing 10,000 Gallon Tank (ST001), constructing the new 60,000 Gallon Tank (ST002), and construction of the Tank Booster Pump (PF001) and East Booster Pump (PF002). 26. On page 2 of the June 6, 2022, Plan Approval letter, the Division informed the Supplier of the following requirement for an operating permit before putting the storage tanks or booster pump facilities into service: (a) This approval pertains to construction only. An Operating Permit must be obtained from the Director before the 10,000 Gallon Tank, 60,000 Gallon Tank, Tank Booster Pump station and East Booster Pump station may be put in service. A checklist outlining the items required for operating permit issuance is enclosed for your information. 5 27. On June 19, 2024, Utah Department of Environmental Quality District Engineer, John Chartier P.E,. conducted a site visit at the Lakeside system and confirmed the system was active. 28. The Director has not issued an operating permit for any of the facilities owned and operated by the Supplier that constitutes the System. CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the Director hereby makes the following conclusions of law: 29. Respondent is the owner and operator of the System, which is a public drinking water system within the meaning of the Utah Safe Drinking Water Act and the Utah Public Drinking Water Rules. 30. Respondent is a “Supplier” within the meaning of the Utah Safe Drinking Water Act, Utah Code § 19-4-102(10). 31. The System qualifies as a transient non-community Public Water System under the Utah Public Drinking Water Rules. 32. The facilities are in operation without approval from the director and are in violation of their plan approval. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED as follows: 33. System Status: The System is hereby rated as an active but “not approved” transient non- community water system under the Division’s water rating system rules, UAC R309- 400. A water system’s rating can only become “approved” after it obtains an Operating Permit from the Director for the entire water system, including its drinking water sources. The system is not designated as a seasonal system for drinking water regulation purposes. 34. 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; 6 (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. 35. 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. 36. Plan Review (a) New Public Water System Supplemental Form: On October 25, 2021, Respondent submitted the Form for New Public Drinking Water System signed by Debra Ward. (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. (c) Plans and Specifications have been submitted as stated in paragraphs 21 - 26 of this Order. (d) Paragraph 28 of this Order also states that none of the water system facilities have been issued an Operating Permit by the Director. (e) Please contact the review engineer, John Chartier, P.E., at (435) 559-1969 or jchartier@utah.gov, with any questions related to the plan review and approval process. (f) Operating Permit: Respondent shall complete all of the Director’s requirements to obtain the Operating Permits for each facility on or before 4 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 4 months from the date of issuance. 37. Capacity Development Evaluation (a) Drinking Water Rule R309-800 requires an assessment of a new water system’s technical, managerial, and financial capabilities. (b) Respondent shall comply with R309-800 by documenting the System’s capabilities using one of the methods described on the Division’s website. (i) Existing water systems should submit completed copies of the Capacity Assessment Evaluation forms, located on the Division’s website at: 7 https://documents.deq.utah.gov/drinking-water/forms/DDW-2018- 003083.pdf; or (ii) New or proposed water systems shall submit a business plan as described in UAC R309-800-5(4) for Division review and approval within one year of the date of issuance of this Order. (c) Receiving approval of the capacity assessment worksheets or the business plan is a prerequisite for issuing an Operating Permit for this water system. Please contact Michael Grange at (801) 674-2563 (mgrange@utah.gov) for assistance related to Capacity Development/Assessment. 38. Sanitary Survey and Emergency Response a) Sanitary Survey: Respondent shall schedule the onsite inspection/sanitary survey on or before 365 days from the date of issuance of this order and before an operating permit can be issued. Please contact Ryan Dearing at 801-419-6785 or rdearing@utah.gov if you have any questions regarding the scheduling of the onsite inspection or engineering review. John Chartier conducted a site visit for the purpose of determining if the System was active and facilities were in service on June 19, 2024. The System has never had a sanitary survey.. b) In the event of any situation constituting an emergency, the Supplier is required to contact the Division within eight hours of identifying the emergency as outlined in R309-105-18. Division personnel may be reached at all times by calling our Emergency Response Line at 801-560-8456. Emergency situations include any of the following: i) Malfunction of any disinfection or treatment facility. ii) Malfunction of any treatment plant clearwell, which constitutes a turbidity spike of 5 NTU for greater than fifteen minutes. iii) Water discoloration for a significant number of connections, which cannot be explained by air entrainment or re-suspension of sediments normally deposited within the distribution system. iv) Malfunction or accident that could introduce surface water or other potential contamination into the distribution system, e.g., cross connection, major water break, chemical spill or overfeed pressure loss, or natural disaster. v) The threat of sabotage or acts of vandalism to any drinking water facility. vi) Any instance where a customer reports sickness from drinking the water and that claim is substantiated by a doctor. c) The supplier is advised to develop contingency plans to cope with possible emergency situations, including earthquakes, wildfires, flooding, and other natural or human-caused disasters. 39. Cross-Connection Control Program 8 Respondent shall develop a cross-connection control program for the System to prevent any cross-contamination. There are five elements to a cross-connection control program: local authority statement, annual public education or awareness, operator training, written records, and ongoing enforcement. If you have any questions about the cross-connection control program, please contact Gary Rager at (801) 536-4498 (grager@utah.gov). 40. Source Protection Program a) The System’s sources are currently not in compliance with source protection requirements. A complete Drinking Water Source Protection (DWSP) plan is required for all sources connected to the system. Respondent shall submit a complete DWSP Plan within 365 days of issuance. Land use agreements, recorded in the Juab County Recorder’s Office, are also required before the System’s sources can receive permanent Operating Permits. Please call (801)536- 4200 and ask to speak to the source protection staff if you have questions about these requirements. 41. Monitoring and Reporting Requirements a) Total Coliform Monitoring Respondent shall take at least one routine coliform bacteriological sample from the distribution system and submit it to a certified laboratory for each calendar month that the water system is used. It is the Respondent's responsibility to send a copy of the results to our office by the 10th of the following month. In the event of a coliform positive result, the Respondent shall take three repeat samples and a triggered source Esherichia coli sample for each groundwater source in service at the time of the original positive sample. For any questions regarding the Total Coliform Rule or Groundwater Rule, contact Sitara Federico at (385) 515- 1459 (sfederico@utah.gov). b) Total Coliform Sample Site Plan Respondent shall develop a written sample site plan that identifies sampling sites and sample collection schedules that are representative of water throughout the distribution system. Respondent shall collect the total coliform samples according to the written sample site plan template. Included with this Order is a blank copy of the Total Coliform Sample Site Plan. For any questions regarding the bacteriologic sample site plan, contact Sitara Federico at (385) 515-1459 (sfederico@utah.gov). c) Chemical Monitoring Respondent shall monitor New Source Inorganics and Metals. After the initial analysis has been done, and if the results are in compliance, then your source will be required to be sampled for Nitrate once a year and Sulfate every three years. 9 Please contact David Kruse at (385) 566-7789 (dbkruse@utah.gov) with questions. d) 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 plan to the Division by September 1, 2024, and chemical monitoring by December 31, 2024. Please contact Mark Berger at (801) 641-6457 (mberger@utah.gov) for general monitoring schedule questions. GENERAL PROVISIONS 42. Upon satisfactory compliance with the requirements in the Order section, the Director may issue a subsequent administrative order changing the status of the System to “Approved” in accordance with UAC R309-100-7 and R309-400. Pursuant to such subsequent order, the Director may also take other appropriate actions or impose appropriate conditions based on the facts presented. 43. This Order does not in any way relieve the Supplier of any other obligation imposed under the Act or any other state, federal, or local law, rule, or regulation. 44. 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. 45. The Date of Issuance shall be the date that the Director signs this Order. 46. The dates set forth in the Order section 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. COMPLIANCE AND PENALTY NOTICE 47. 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). 10 CONTEST AND APPEAL RIGHTS 48. This Order is effective immediately and shall become final unless contested in writing within thirty (30) days of the date of its issuance. 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 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 waives any right of administrative contest, reconsideration, review, or judicial appeal. An extension is only available under UAC R305-7. 49. To contest 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 filed and served in accordance with UAC R305-7-104(5) within 30 days of the date of issuance of this Order. For U.S. Mail delivery under UAC R305-7, the Director’s address is Director, Division of Drinking Water, P.O. Box 144830, Salt Lake City, UT 84114-4830. IT IS SO ORDERED. DIVISION OF DRINKING WATER By:_____________________________ Nathan Lunstad Ph.D., P.E. Director Date:___________________________ September 20, 2024 1 System Name: Lakeside System Number: UTAH12041 Administrative Contact: Debra Ward Email: dward9613@hotmail.com Phone Number: 801-372-7729 New System Order Due Dates Date of Issuance: September 20, 2024 Plan Review Item 2c Operating Permit Rule Citation R309-500-4 Action Completion Due Date The respondent shall complete all requirements to obtain an Operating Permit. Within 545 days of the Date of Issuance of this Order. Division of Drinking Water Contact John Chartier (435) 896-5451 x314 jchartier@utah.gov 3. Capacity Development Evaluation Item 3e Capacity Development Evaluation Rule Citation R309-800 Action Completion Due Date The respondent shall complete all requirements for their capacity development. Within 545 days of the Date of Issuance of this Order. Division of Drinking Water Contact Michael Grange 801-674-2563 mgrange@utah.gov 4. Sanitary Survey and Emergency Response Item 4a Sanitary Survey Rule Citation R309-100-6 Action Completion Due Date The respondent shall schedule an onsite inspection/sanitary survey. Within 365 days of the Date of Issuance of this Order. Division of Drinking Water Contact Ryan Dearing 801-419-6785 rdearing@utah.gov 2 6. Source Protection Program Item 6a Drinking Water Source Protection Plan Rule Citation R309-600-7 Action Completion Due Date The respondent shall submit a Drinking Water Source Protection Plan for each source connected to the system. Within 365 days of the Date of Issuance of this Order. Division of Drinking Water Contact Deidre Beck (385) 271-7046 dbeck@utah.gov Item 6b Submit Ongoing Source Protection Plans Rule Citation This system is already in compliance with source protection requirements. This is a reminder to submit updates. R309-600-7(2)(e) Action Completion Due Date The respondent shall submit source protection updates. By December 31, 2028 Division of Drinking Water Contact Deidre Beck (385) 271-7046 dbeck@utah.gov 9. Monitoring and Reporting Item 9a Total Coliform Monitoring Rule Citation R309-211 Action Completion Due Date The respondent shall submit monthly routine coliform bacteriological samples to the Division each month the system is open. Within 30 days of the date of issuance of this Order. Division of Drinking Water Contact Sitara Federico 385-515-1459 sfederico@utah.gov Item 9b Total Coliform Sample Site Plan Rule Citation R309-211-4 Action Completion Due Date The respondent shall submit a written total coliform sample site plan to the Division. Within sixty days of the date of issuance of this order. Division of Drinking Water Contact Sitara Federico 385-515-1459 sfederico@utah.gov Item 9d New Source Chemistries Rule Citation 3 R309-515-4(5) Action Completion Due Date The respondent shall take and submit all required New Source Chemistries for each active source. By December 31, 2024 Division of Drinking Water Contact David Kruse 385-566-7789 dbkruse@utah.gov Item 9d Source Monitoring Rule Citation R309-200-5(1) and R309-205-5 Action Completion Due Date The respondent shall take and submit all required samples for each active source. By December 31, 2024 Division of Drinking Water Contact David Kruse 385-566-7789 dbkruse@utah.gov