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
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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.
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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.
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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
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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.
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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.
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(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-
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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.
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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
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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
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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.
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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