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HomeMy WebLinkAboutDDW-2024-012943 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 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 October 23, 2024 Cornish Town Corporation Attn: Matthew Leak, Mayor 4788 West 14300 North Cornish, Utah 84308 Subject: Groundwater Under the Direct Influence Determination and Order to Treat Cornish Town Water System UTAH03005 Dear Mayor Leak: This letter serves as notice of the Director’s determination that Griffith Spring (WS001) and Pearson Spring (WS002) are designated as Groundwater Under the Direct Influence of Surface Water (GUDI). This conclusion is based on seasonally fluctuating nitrate levels and a historic study concluding the nitrate contamination and the hydrological characteristics suggested a strong influence of surface water processes and agricultural practices on the water quality of the Griffith and Pearson Springs. Groundwater under the direct influence of surface water (GUDI) is groundwater contaminated by surface water. This influence means contaminants from surface water, such as bacteria, viruses, and other pathogens, are seeping into the groundwater. This poses a serious public health risk because it can cause waterborne illnesses and other health issues to your residents. Ensuring proper treatment of GUDI is essential to protect public health and maintain safe drinking water standards. This letter contains an Order to Treat (OTT) that addresses the drinking water compliance issues currently affecting the Cornish Town Water System and its need to address this serious risk to public health. The OTT includes milestones the person(s) 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 AND CONCLUSIONS OF LAW: 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. Cornish Town Corporation October 23, 2024 Page 2 of 2 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 of the order including potential system ratings, the eventual closing of the order, among others. COMPLIANCE AND PENALTY NOTICE: This section states that compliance with this order is mandatory and falls under the authority of the Utah Safe Drinking Water Act. It outlines the penalties associated with failure to comply with the order. CONTEST AND APPEAL RIGHTS: This section outlines your rights to appeal or contest in or part of this order. I encourage you to continue to work closely with our Division staff. Your primary contact is Sarah Page at sepage@utah.gov or 385-272-5778. Sincerely, Nathan Lunstad Ph.D., P.E. Director, Division of Drinking Water Enclosure: Order to Treat, Docket No. UTAH03005-2024-01 Public Notice Attachment Cornish Town Master Report cc: Kimberly D. Shelley, Utah Department of Environmental Quality, kshelley@utah.gov Grant Koford, Bear River Health Department, gkoford@brhd.org Ben Harker, Bear River Health Department, bharker@brhd.org, Hunter Payne, Division of Drinking Water, hnpayne@utah.gov Deidre Beck, P.G., Utah Division of Drinking Water, dbeck@utah.gov Bret Randall, Utah Attorney General’s Office. bfrandall@agutah.gov -or- David McKnight, Utah Attorney General’s Office, dmcknight@agutah.gov Christopher Brown, Environmental Protection Agency-Region 8, brown.christopher.t@epa.gov EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS 1 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER In the Matter of: Cornish Town Corporation Public Water System Order to Treat Docket No. UTAH03005-2024-01 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 Cornish Town Corporation, a Utah municipality, 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. 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. 2 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. 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. 12. 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. 13. 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 and Conclusions of Law for purposes of this OTT: 14. Cornish Town Corporation (“Respondent”) is a Utah Municipality based on public records on file with the Utah Lieutenant Governor’s Office: (a) Respondent has the following address: 4788 West 14300 North, Cornish, Utah, 84308 (b) The legal primary contact is Lauren Draney, Clerk, with the following address: 4788 West 14300 North, Cornish, Utah, 84308. (c) Mathew Leak, Mayor, is the Division’s administrative contact for the System. 3 15. There exists approximately five miles west along Center Street from the town of Lewiston and in Cache County, Utah, a drinking water system known as Cornish Town Water System (the “System”) that serves a population of approximately 275 persons. According to the Division of Drinking Water records, the System generally includes one active blending treatment system, two active concrete ground storage tanks totaling 300,000 gallons, two active springs, one active well, one inactive well, and an independent distribution system serving approximately 119 connections. 16. 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. 17. 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. 18. 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. 19. The Master IPS Report attached hereto as Exhibit A describes several violations and deficiencies associated with the System, which form the basis of this OTT (the “Violations and Deficiencies”). 20. The Griffith (WS001) and Pearson Spring (WS002) springs have current and historic levels of nitrate above the maximum contaminant level (MCL) of 10 mg/L. On May 9, 1978, the Environmental Protection Agency (EPA) issued a letter to the Town of Cornish stating that due to the elevated levels of nitrate in the Griffith Spring (WS001) the spring should never be operated as the sole drinking water source. 21. Between 1979 and 1984, the Division has a record of five (5) nitrate samples collected at the Griffith Spring, six (6) nitrate samples from the Pearson Spring, and twenty-seven (27) nitrate samples collected within the Cornish Town distribution system for a total of thirty eight (38) samples collected. Thirty-Seven (37) of the samples collected from these locations exceeded the Nitrate MCL. 22. In 1984, the State of Utah Bureau of Public Water supplies commissioned a geologic study to determine the source of nitrate contamination impacting the Griffith and Pearson Springs. 23. The investigation identified agriculture as the primary source of nitrate contamination, evidenced by higher nitrate levels in springs surrounded by cultivated lands and areas with significant agricultural drainage control. The nitrate concentrations in the spring water varied directly with the extent of cultivated land, implicating farm-site fertilizers and soil organic matter decomposition as major contributors. It was concluded that the springs, including others in the area, are mainly recharged through surface water from shallow perched groundwater aquifers in unconsolidated deposits and fractured bedrock rather than from distant bedrock aquifers. No significant recharge from deep bedrock aquifers was observed, emphasizing the localized nature of sources contributing to the springs. Overall, the nitrate contamination and the hydrological characteristics suggested a strong influence 4 of surface water processes and agricultural practices on the water quality of Griffith and Pearson Springs. 24. In 1989, the Environmental Protection Agency amended the Surface Water Treatment Rule to designate Groundwater Sources Under the Direct Influence of Surface Water (GUDI) as surface water. The springs were not reevaluated at that time. 25. Groundwater under the direct influence of surface water (GUDI) poses significant health risks because it is more susceptible to contamination from surface activities. This includes the potential presence of pathogens like Giardia, Cryptosporidium, and viruses that can cause gastrointestinal illness. Unlike protected groundwater, GUDI sources may not benefit from natural filtration, allowing harmful microorganisms to enter the water supply and jeopardizing public health without proper treatment. 26. A nitrate blending plan was approved on June 18, 2021 with the understanding that nitrate levels could be reduced to levels below the MCL at all times if the Griffith and Pearson Springs combined with the Gancheff Well (WS004) in a 100,000 gallon storage tank (identified as Pitcher Tank (ST001)) prior to the first service connection. As a condition of the blending plan, nitrate samples were collected each month at the Pitcher Tank (ST001). Through monthly sampling, nitrate levels were observed to fluctuate seasonally with the highest levels seen during the spring run-off season. 27. On June 20, 2023, samples collected from the compliance point (Pitcher Tank (ST001)) showed nitrate at levels of 13.5mg/L. Confirmation sampling conducted on June 23, 2023, demonstrated nitrate levels entering the distribution system at 13.5 mg/L and 11.9 mg/L within the distribution system. These results quantified a tier 1 nitrate MCL exceedance, and a Do Not Drink order was issued from June 24, 2023 until June 26, 2023. 28. The most recent nitrate samples collected on August 17, 2023 show nitrate levels at 11.9 mg/L and 15.9 mg/L at the Griffith spring (WS001) and Pearson spring (WS002), respectively. 29. The historical studies and sample results detailed in items, above, indicate that the Griffith Spring (WS001) and Pearson Spring (WS002) are groundwater sources under the direct influence of surface water (GUDI) that do not consistently meet the Nitrate standard of 10 mg/L. Cornish Town Water System is now subject to requirements to provide surface water and nitrate treatment for the Griffith Spring (WS001) and Pearson Spring (WS002). The Griffith Spring (WS001) and Pearson Spring (WS002) shall not be used until such treatment is installed. 30. High levels of nitrates in drinking water are particularly dangerous for infants and pregnant women. Nitrates can cause a condition known as methemoglobinemia, or "blue baby syndrome," which reduces the blood's ability to carry oxygen, leading to serious health problems or even death in severe cases. Long-term exposure to high nitrate levels can also increase the risk of certain cancers and thyroid problems in adults. It is critical to monitor and manage nitrate levels to ensure safe drinking water for all consumers. 5 31. On October 17, 2024, at the Cornish Town Hall, Division of Drinking Water Director Nathan Lunstad, Division of Drinking Water Scientists Sarah Page and Colt Smith, Division of Drinking Water Geogists Deidre Beck and Noah Zorsky, and Division of Drinking Water Engineer Dani Zebelean met with Cornish Town Mayor Mathew Leak and representatives of Cornish Town’s engineering and drinking water program to discuss the GUDI designation, offer technical assistance, and conducted a system of inspection of the active drinking water sources and treatment facilities. 32. As of October 17, 2024, Griffith Spring (WS001) and Pearson Spring (WS002) are classified as Groundwater Under the Direct Influence of Surface Water (GUDI). ORDER Based on the foregoing Findings, and good cause appearing, IT IS HEREBY ORDERED as follows: 33. Griffith Spring (WS001) and Pearson Spring (WS002) are now classified as “Unapproved” and may not be used as drinking water sources. The Supplier shall keep these sources turned out of the System until surface water and nitrate treatment are installed and operational. 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 Griffith Spring (WS001) and Pearson Spring (WS002) being used as drinking water sources. 34. Attached hereto as the Enforcement Order Schedule – UTAH03005 (“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. 35. The Supplier shall notify the Division of the System’s intended course for Griffith Spring (WS001) and Pearson Spring (WS002) as drinking water sources as part of the plan in paragraph 36 indicating one of the following options. (a) Install and operate a Division-approved surface water treatment and nitrate treatment facility. The Supplier shall comply with all surface water and nitrate treatment requirements. The Supplier must go through the Division’s Approval process, which includes the issuance of a Division Operation Permit. (b) Abandoning Griffith Spring (WS001) and Pearson Spring (WS002) by permanently physically disconnecting the source from the distribution system. 6 (c) The Supplier may temporarily inactivate Griffith Spring (WS001) and Pearson Spring (WS002) by physically disconnecting the sources 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 sources. 36. 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 and nitrate treatment at Griffith Spring (WS001) and Pearson Spring (WS002) as described in paragraph 35. The plan shall include proposed modifications to the System, estimated costs of modifications, a proposed plan, and a 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). The schedule must be approved by the Director before construction or modifications can begin. 37. The Griffith Spring (WS001) and Pearson Spring (WS002) 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. 38. With the Griffith Spring (WS001) and Pearson Spring (WS002) rated “Unapproved,” Cornish Town Water System has also been assessed as a “lack of redundant source” deficiency as outlined in R309-515-4(3). This is a Significant Deficiency (TGR 7), and 50 Improvement Priority System points were assessed. 39. Within 60 days after the issuance of this Order, the Supplier shall provide the Division of Drinking Water with an implementation plan outlining how the System intends to supply water in an emergency situation. The Division accepts water hauling from another supplier or a consecutive connection to a neighboring water system as solutions. All options must go through the division’s approval process, which includes the issuance of a division operation permit. 40. The Supplier shall conduct public notice as required for GUDI designation. A public notice template is found in Attachment 1. The Supplier shall get approval from the Division prior to distributing the required public notice and shall provide appropriate documentation of the distribution. 41. If the supplier chooses to install and operate a Division-approved surface water treatment and nitrate 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 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). The groundwater zones previously established for Pearson Spring can be used to satisfy the delineation requirements. The groundwater zones previously established for Griffith Spring will need to be expanded to include all contributing surface waters as defined in R309-605- 7 7(3). Division staff will prepare the delineation report for the Griffith Spring at the Supplier’s request. 42. The Supplier shall collect all samples required by the Safe Drinking Water Act and the Board’s rules and report the sample results to the Director within the timeframe mandated by rule. 43. 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: eqdwvsa@utah.gov GENERAL PROVISIONS 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 8 50. The date of issuance shall be the date that this OTT is executed by the Director. 51. 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. 52. 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. 53. 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. An alternate means of compliance with the Enforcement Order Schedule shall be accepted only if approved by the Director in writing. COMPLIANCE AND PENALTY NOTICE 54. 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 55. The agency action addressed in this OTT is effective immediately and shall become final unless contested in writing within thirty (30) days of the date of its issuance. 56. The Director designates that any appeal involving the matters addressed in this OTT shall be subject to informal agency adjudication procedures under the Utah Administrative Procedures Act, Utah Code § 63G-4-203. 57. The agency action taken under this OTT 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 respondent should also indicate whether a hearing is requested. To be timely, a written notice of contest shall be delivered to the director, in the 9 same manner as a request for agency action under R305-7-303(5), within 30 days after the date of issuance of this action. 58. 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 Utah Code § 63G-4-203(1)(i), addressing the appeal, the respondent shall have no duty to exhaust further administrative remedies under Utah Code § 63G-4-401(2). 59. Any appeal from the Director’s final order under Utah Code § 63G-4-203(1)(i) shall be a trial de novo before a district court under Utah Code §§ 63G-4-401(3) and 63G-4-402. 60. For purpose of compliance with this OTT or service of an appeal, the Director’s mailing address is: Nathan Lunstad, Director Division of Drinking Water P.O. Box 144830 Salt Lake City, UT 84114-4830 61. The respondent may also submit an appeal or other communication to the Director via email (nlunstad@utah.gov). 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. 62. The failure to file a timely notice of appeal to the Director within 30 days of the date the OTT is signed shall result in the agency actions set forth herein becoming final and unappealable. IT IS SO ORDERED. DATED this 23rd day of October 2024. DIVISION OF DRINKING WATER By: Nathan Lunstad, Ph.D., P.E. Director 1 Order to Treat Schedule UTAH03005 System Name: Cornish Town System Number: UTAH03005 Administrative Contact: Matthew Leak Email: cornishmayor@gmail.com Phone Number: 435-757-6726 Corrective Action Requirements and Due Dates Date of Issuance: October 23, 2024 Distribution System, DS001 Item #1 Code Facility Deficiency Rule Citation TGR7 DS001 Lack of Redundant Source R309-515-4(3) Corrective Action Completion Due Date Submit documentation showing the plan to address an emergency water shortage as required in paragraph 39 is submitted to the Director. Within 60 days of the Date of Issuance of this Order. Item #2 Code Facility Deficiency Rule Citation PN Public Notice R309-220-5 Corrective Action Completion Due Date Submit documentation showing the public notice required in paragraph 40. Within 14 days of the Date of Issuance of this Order. Griffith Spring, WS001 Item #3 Code Facility Deficiency Rule Citation S150 WS001 GUDI 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 the plan required in paragraph 36 is submitted to the Director. Within 60 days of the Date of Issuance of this Order. Item #4 Code Facility Deficiency Rule Citation SP07 WS001 Active Source Lacks An Approved DWSP Plan R309-605-7(1)(c) and R309-605-8 Corrective Action Completion Due Date Submit documentation showing that an approved Drinking Water Source Protection Plan has been issued. Within 90 days of the Date of Issuance of this Order. 2 Pearson Spring, WS002 Item #5 Code Facility Deficiency Rule Citation S150 WS002 GUDI 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 the plan required in paragraph 36 is submitted to the Director. Within 60 days of the Date of Issuance of this Order. Item #6 Code Facility Deficiency Rule Citation SP07 WS002 Active Source Lacks An Approved DWSP Plan R309-605-7(1)(c) and R309-605-8 Corrective Action Completion Due Date Submit documentation showing that an approved Drinking Water Source Protection Plan has been issued. Within 90 days of the Date of Issuance of this Order. Gancheff Well, WS004 Item #7 Code Facility Deficiency Rule Citation S033 WS004 COM System Without Naturally Flowing Sources Lacks Backup Power For At Least One Water Source R309-515-6(2)(a) Corrective Action Completion Due Date Submit documentation the Gancheff Well (WS004) has adequate backup power. Within 60 days of the Date of Issuance of this Order. IT IS SO ORDERED DIVISION OF DRINKING WATER By:_______________________________________ Nathan Lunstad Ph.D., P.E. Director DATE:____________________________________ October 23, 2024