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HomeMy WebLinkAboutDDW-2024-014166 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 September 20, 2024 Cedar City Corporation ℅ Randall McUne, City Attorney 10 North Main Street Cedar City, UT 84720 Subject: Stipulated Order to Disinfect Cedar City Waterworks UTAH110002 Dear Randall McUne: We are writing to provide you, on behalf of Cedar City Corporation, with a draft of the Division’s proposed Stipulated Order to Disinfect (SOTD) that addresses the drinking water compliance issues currently affecting the Cedar City Waterworks (System). The SOTD includes milestones the Supplier responsible for the System must meet to comply with the applicable regulations. It also references stipulated penalties that will be assessed if the System does not meet the requirements and/or the deadlines. The SOTD 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 the SOTD. FINDINGS: 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. ORDER: The Order Section states requirements for the System and incorporates the Stipulated Order to Disinfect Schedule as part of the Order. GENERAL PROVISIONS: This section outlines conditions agreed to by the System and the Division of Drinking Water, including potential penalties and system ratings. COMPLIANCE NOTICE: This section states that compliance with this order is mandatory and falls under the authority of the Utah Safe Drinking Water Act. Please carefully review the enclosed SOTD. If it is acceptable, it should be signed by an authorized person and returned to the Director. Once the Director issues the SOTD, a copy will be returned for Cedar City Waterworks Page 2 of 2 September 20, 2024 your records. The effective date is the date of issuance by the Director. Failure to return a signed copy within 30 days of this letter may result in a unilateral administrative order issued by the Director to ensure progress toward compliance. 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 cc: Kim Shelley, Utah Department of Environmental Quality, kshelley@utah.gov Paul Wright, P.E., Utah Department of Environmental Quality, pwright@utah.gov Jeremy Roberts, Southwest Utah Health Department, jroberts@swuhealth.org 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 Robbie Dean Mitchell, Cedar City Waterworks, mrobbie@cedarcity.org EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER In the Matter of: Cedar City Corporation Public Water System Stipulated Order to Disinfect Docket No.UTAH11002-2024001 This Stipulated Order to Disinfect (“SOTD”)has been issued by the Director of the Utah Division of Drinking Water (“Director”),under the Director’s legal authorities described below. This SOTD has been agreed to by Cedar City Corporation,a Utah municipal corporation,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. 1 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.UAC R309-400-5(1)(c)provides that a public water system may qualify for a “Corrective Action”rating for its public water system “based on a current,written agreement with the division to resolve underlying noncompliance according to a compliance schedule.” 12.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. 13.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. 14.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 The Director makes the following Findings for purposes of this SOTD: 15.There exists a drinking water system in Iron County,Utah,known as Cedar City Waterworks (the “System”)that serves a population of approximately 37,760 persons.The System generally includes eight active wells,one proposed well,four springs,three active pump stations,one proposed pump station,twelve ten active storage tanks,two proposed storage tanks,four chlorinators,and an independent distribution system supplying approximately 10,139 service connections. 2 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 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 SOTD (the “Violations and Deficiencies”).Supplier agrees and stipulates that the information contained in the attached IPS Report is true and correct as of the date shown on the Master IPS Report. 20.In August 2021 and June,July,August,and November 2022,Cedar City Waterworks had several total coliform positive sample results,triggering five Level 2 Assessments. 21.Cedar City Waterworks does not reliably meet bacteriological standards in the distribution system.Based on your sample history,Cedar City Waterworks is required to provide continuous secondary disinfection throughout the distribution system.These requirements were initially detailed in a letter from the Director dated January 31,2023.Cedar City Waterworks may be subject to additional treatment requirements if water quality sampling results indicate any of the water system’s sources require primary disinfection. 22.In August of 2024,a total of six samples were taken at Shurtz Canyon Spring (WS001), four samples were total coliform present and E.coli absent.The other two samples were total coliform present and E.coli present.With confirmed E.coli primary disinfection is required at Shurtz Canyon Spring (WS001). ORDER Based on the foregoing Findings,the agreement of the Supplier,and good cause appearing,IT IS HEREBY ORDERED as follows: 23.Attached hereto as the Enforcement Order Schedule –UTAH11002 (“Stipulated Order to Disinfect 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 Stipulated Order to Disinfect Schedule,to the satisfaction of the Director,on or before the due dates identified in the Stipulated Order to Disinfect Schedule. 24.The Supplier agrees to collect all samples required by the Safe Drinking Water Act and the Board’s rules and to report the sample results to the Director within the timeframe mandated by the rule. 3 25.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 secondary disinfection throughout the entire distribution system.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 Director must approve the schedule before construction or modifications can begin. 26.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 primary disinfection for the Shurtz Canyon Spring (WS001).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 Director must approve the schedule before construction or modifications can begin. 27.The Supplier agrees to 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 28.The Distribution System (DS001)is 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 (S100),and 200 Improvement Priority System points were assessed. 29.The Shurtz Canyon Spring (WS001)is 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 (S100),and 200 Improvement Priority System points were assessed. 30.The Supplier agrees to install and operate Division-approved permanent disinfection for the entire distribution system (DS001).The Supplier agrees to complete Division Plan Approval prior to construction of any disinfection facilities. 31.The Supplier agrees to install and operate Division-approved permanent primary disinfection for the Shurtz Canyon Spring (WS001).The Supplier agrees to complete Division Plan Approval prior to construction of any disinfection facilities. Primary Disinfection Requirements 32.To meet primary disinfection requirements,the Supplier agrees to continuously maintain a minimum of 0.2 mg/L free chlorine residual at the Point(s)of Entry 4 (POE)into the distribution system,continuously demonstrate a CT that achieves 4-log inactivation for viruses at the POE for the Shurtz Canyon Chlorinator (TP001),demonstrate a detectable chlorine residual in the entire distribution system,and comply with associated reporting requirements. 33.The Supplier agrees to a Microscopic Particulate Analysis (MPA)test for the Shurtz Canyon Spring (WS001)taken by an approved Division of Drinking Water representative following Division-approved MPA protocols.This test will be completed by July 1,2025. (a)This testing is essential to determine whether the source may be considered Groundwater Under the Direct Influence of Surface Water (UDI).The MPA test results will help assess the source's quality and determine whether primary disinfection is necessary to protect public health. (b)If needed,the Supplier agrees to subsequent MPA samples at the Shurtz Canyon Spring (WS001)consistent with the Division of Drinking Water Vulnerable Source Assessment (VSA)Policy (attached). 34.Chlorine Residual ‒Point(s)of Entry (POE)to Distribution System (EP001) (a)The Supplier agrees to submit a POE sample location to the Division for Shurtz Canyon Spring (WS001). (i)The POE sampling location will be identified as EP001 in the Division’s database. (b)Maintain a minimum of 0.2 mg/L residual (measured as free chlorine)at the POE sampling location.[UAC R309-215-16(3)(b)(iii)(A)(I)and (II)]. (c)The chlorine residual concentration measured at the POE sampling location shall not exceed the Maximum Residual Disinfectant Level (MRDL)of 4.0 mg/L (measured as free chlorine).[R309-200-5(3)(c)(iv)]. (d)Record and report the lowest daily chlorine residual concentration, measured as free chlorine,at the chlorinator POE sampling location (EP001)a minimum of daily.[R309-210-8(3)(a)(ii)] (i)Our records show that your water system serves XXX people.Be aware that R309-215-16(3)(b)(iii)(A)(I)requires water systems serving greater than 3,300 people to continuously monitor the POE chlorine residuals.Therefore,an online analyzer to continuously monitor the POE chlorine residuals entering the distribution system is needed. 35.Primary Disinfection and Reporting Requirements 5 (a)The water system must operate a treatment facility capable of providing sufficient disinfection CT to achieve 4-log10 virus inactivation of the water from the Shurtz Canyon Chlorinator (TP001).[R309-215-16(1)(a)(iii); R309-520-6(4)(c)] (b)The water system must demonstrate sufficient disinfection CT by monitoring and reporting the actual CT achieved during operation using a monitoring sheet provided by the Division (Monthly Report for Primary Disinfection Compliance].The monitoring and reporting will include chlorine residuals measured at the POE to the distribution system and other parameters for calculating CT.[R309-520-6(4);R309-215-16(3)(b)(iii)(A)] (c)The water system must submit Primary Disinfection Reports monthly.The reports are due to the Division by the 10th day following the end of each reporting month.[R309-215-10] 36.Chlorine Residual ‒Distribution System (DS001) (a)This water system must maintain a detectable residual throughout the entire distribution system.Maintaining the chlorine residual above 0.1 ppm in the distribution system is recommended.[R309-520-5] (b)The chlorine residual measured in the distribution system shall not exceed the maximum residual disinfectant level (MRDL)of 4.0 mg/L (measured as free chlorine).[R309-200-5(3)(c)(iv)] (c)Take a minimum of three (3)chlorine residual samples per week at varying locations throughout its distribution system.[UAC R309-105-10(1)(c)] (d)Distribution system chlorine residuals must be taken in conjunction with total coliform sampling.[R309-215-10(3)] Secondary Disinfection Requirements 37.To meet secondary disinfection requirements,the Supplier agrees to continuously maintain a minimum of 0.2 mg/L free chlorine residual at the Points of Entry (POE) into the distribution system and demonstrate a detectable chlorine residual in the entire distribution system. 38.Chlorine Residual ‒Points of Entry (POE)to Distribution System a.The POE sampling locations for each of the system’s chlorinators will be identified in the Division’s database.These specific locations shall be provided to the Division by the system. b.Maintain a minimum of 0.2 mg/L residual (measured as free chlorine)at the POE sampling locations.[UAC R309-215-16(3)(b)(iii)(A)(I)and (II)] 6 c.The chlorine residual concentration measured at the POE sampling locations shall not exceed the Maximum Residual Disinfectant Level (MRDL)of 4.0 mg/L (measured as free chlorine).[UAC R309-200-5(3)(c)(iv)] d.Record and report the lowest daily chlorine residual concentration,measured as free chlorine,at the chlorinator POE sampling locations a minimum of daily. [R309-215-10(1)] o Our records show that your water system serves 37,760 people.Please be aware that R309-215-16(3)(b)(iii)(A)(I)requires water systems serving greater than 3,300 people to continuously monitor the POE chlorine residuals.Therefore,an online analyzer to continuously monitor the POE chlorine residuals entering the distribution system will be needed at each chlorinator. 39.Chlorine Residual ‒Distribution System (DS001) a.This water system must maintain a detectable residual throughout the entire distribution system.Maintaining the chlorine residual above 0.1 ppm in the distribution system is recommended.[R309-520-5] b.The chlorine residual measured in the distribution system shall not exceed the maximum residual disinfectant level (MRDL)of 4.0 mg/L (measured as free chlorine).[R309-200-5(3)(c)(iv)] c.Take a minimum of three (3)chlorine residual samples per week at varying locations throughout its distribution system UAC R309-105-10(1)(c). d.Distribution system chlorine residuals must be taken in conjunction with total coliform sampling.[R309-215-10(3)] 40.The Supplier must notify the Division by telephone at (801)560-8456 within eight hours of the malfunction of any disinfection facility such that a detectable residual cannot be maintained at all points in the distribution system per R309-105-18(1)(a). GENERAL PROVISIONS 41.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 SOTD,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 SOTD,the Act,or the Public Drinking Water Rules. 42.Upon satisfactory compliance with the Stipulated Order to Disinfect Schedule requirements,the Director shall issue a subsequent administrative order closing out this SOTD 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. 7 43.The Supplier hereby stipulates and agrees to pay,within 30 days of demand by the Director,administrative penalties in the following amounts arising from any and all violations of this SOTD,on a per-day,per-violation basis: Penalty Per Violation Per Day Period of Noncompliance $250 1st through 14th day $500 15th through 30th day $1,000 31st day and beyond 44.In the event of any violation of this SOTD 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 stipulated administrative penalties under this SOTD. 45.Nothing in this SOTD 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 SOTD,the Act,or the Utah Public Drinking Water Rules. 46.This SOTD 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 SOTD is without prejudice to all rights against the Supplier that the Director may have pertaining to matters not addressed in this SOTD,including (a) violations of this SOTD;(b)future violations of the Act or the Utah Public Drinking Water Rules;and (c)criminal liability. 47.The Director has the jurisdiction and authority to make the findings set forth in this SOTD and to otherwise enforce the terms of this SOTD. 48.The date of issuance shall be the date that this SOTD is executed by the Director. 49.As of the date of issuance,this SOTD shall constitute a final administrative order under the Act and shall operate as a final adjudication upon the merits of the matters addressed herein.In the Director’s sole discretion,violations of this SOTD 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. The Supplier agrees that in any enforcement action,it shall not contest the finality or validity of this SOTD or the Director’s authority to enter it as a final administrative order under the Act. 50.The dates set forth in the Stipulated Order to Disinfect 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. 8 51.In partial or full satisfaction of the Stipulated Order to Disinfect 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.No such alternate means of compliance with the Enforcement Order Schedule shall be accepted unless approved by the Director in writing. 52.The person signing this SOTD on behalf of the Supplier hereby represents to the Director that he or she has the full legal authorization to do so and agrees that the Director may rely on this representation. COMPLIANCE NOTICE Compliance with the provisions of this SOTD is mandatory.All violations of the Utah Safe Drinking Water Act,the Drinking Water Rules,and this SOTD shall be strictly enforced during the time that this SOTD remains in effect. IT IS SO ORDERED AND AGREED. DIVISION OF DRINKING WATER By:___________________________________ Nathan Lunstad Ph.D.,P.E. Director DATE:________________________________ CEDAR CITY CORPORATION By:___________________________________ Name:_________________________________ Title:__________________________________ DATE:_________________________________ 9 Garth O. Green (Nov 12, 2024 14:10 MST) Garth O. Green Garth O. Green Mayor 11/12/2024 Nathan 0n.ta (Nov 1т, 2024 10:тх MST) 11/13/2024 Stipulated Order to Disinfect Schedule UTAH11002 System Name:Cedar City Waterworks System Number:UTAH11002 Administrative Contact:Robbie Dean Mitchell Email:mrobbie@cedarcity.org Phone Number:435-233-0067 Corrective Action Requirements and Due Dates Date of Issuance:_____________________ Distribution System,DS001 Item #1 Code Facility Deficiency Rule Citation S001 DS001 Unapproved Source In Service R309-515-6(5),R309-515-7(4), R309-500-9(2)and (3) Corrective Action Completion Due Date Submit documentation of the plan to install secondary disinfection as required in 25 of this Order. Within 60 days of the Date of Issuance of this Order. Shurtz Canyon Spring,WS001 Item #2 Code Facility Deficiency Rule Citation S001 WS001 Unapproved Source In Service R309-515-6(5),R309-515-7(4), R309-500-9(2)and (3) Corrective Action Completion Due Date Submit documentation of the plan to install primary disinfection for the Shurtz Canyon Spring (WS001)as required in 26 of this Order. Within 60 days of the Date of Issuance of this Order. Item #3 Code Facility Deficiency Rule Citation S001 WS001 Unapproved Source In Service R309-515-6(5),R309-515-7(4), R309-500-9(2)and (3) Corrective Action Completion Due Date Microscopic Particulate Analysis (MPA)test will be conducted for the Shurtz Canyon Spring (WS001)as required in item 33 of this order. By July 1,2025 1 11/13/2024 Item #4 Code Facility Deficiency Rule Citation S001 WS001 Unapproved Source In Service R309-515-6(5),R309-515-7(4), R309-500-9(2)and (3) Corrective Action Completion Due Date Submit a Point of Entry Point (POE)sample location for the Shurtz Canyon Spring (WS001)as required in item 34(a)of this Order. Within 60 days of the Date of Issuance of this Order. IT IS SO ORDERED AND AGREED. DIVISION OF DRINKING WATER By:_____________________________________ Nathan Lunstad P.E. Director DATE:__________________________________ CEDAR CITY CORPORATION By:______________________________________ Name:____________________________________ Title:_____________________________________ DATE:___________________________________ 2 Garth O. Green (Nov 12, 2024 14:10 MST) Garth O. Green Garth O. Green Mayor 11/12/2024 Nathan 0n.ta (Nov 1т, 2024 10:тх MST) 11/13/2024