HomeMy WebLinkAboutDDW-2024-014756195 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
November 12, 2024
Trappers Crossing Subdivision Water Company
Melissa Porterfield, Registered Agent
7516 E Ponderosa Drive
Huntsville, UT 84317
Subject: Initial Order for New Public Water System for Trappers Crossing Subdivision
UTAH29123
Dear Melissa Porterfield:
According to the information provided in the New Public Water System (PWS) Form submitted on or
about August 21, 2024, the Trappers Crossing Subdivision Water Company has 13 residential
connections, a well, storage tank, pump station and chlorinator. With this information, it has come to the
attention of the Utah Division of Drinking Water (the “Division”) that Trappers Crossing Subdivision
Water Company, a Utah non-profit corporation, is the owner and/or operator of a public water system 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. Containers for samples 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 UTAH29123. 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
Trappers Crossing Subdivision Water Company
Page 2 of 2
November 12, 2024
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
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. (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: Melissa Porterfield, Trappers Crossing Subdivision, tcswatercompany@gmail.com
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
Scott Braden, Weber-Morgan Health Department, sbraeden@webercountyutah.gov
Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov
Christopher Brown, EPA Region 8, brown.christopher.t@epa.gov
Cameron Draney, P.E., Utah Division of Drinking Water, cdraney@utah.gov
EQDWMonitoring, EQDWCOA, and EQDWFS
Trappers Crossing Subdivision, 3010 Solomare Drive, Park City, UT 8406
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 1 of 11
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Trappers Crossing Subdivision, a Utah
Public Water System (UTAH29123)
INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM
Docket No. UTAH29123-2024-01
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 Trappers Crossing Subdivision Water Company, a Utah
non-profit corporation, 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
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 2 of 11
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.
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
FINDINGS
Based on information available to the Director, the Director makes the following Findings for
purposes of this Order:
16.Trappers Crossing Subdivision Water Company (“Respondent”) is a Utah non-profit
corporation. Based on public records on file with the Utah Division of Corporations:
(a)Respondent has the following registered business address: 7516 E Ponderosa Drive,
Huntsville, Utah 84317.
(b)The legal registered agent of Respondent is Melissa Porterfield, with the following
registered agent address: 7516 E Ponderosa Drive, Huntsville, Utah 84317.
17.There exists a public water system (the “System”) located at 7500 East 800 South,
Huntsville, Utah. The System is a public water system based on the following facts:
(a)Respondent owns a year round subdivision. There are approximately 40 full-time
residents. Respondent serves culinary water to the foregoing population.
(b)The System has a culinary water well, storage tank, pump station, chlorinator and an
independent distribution system serving approximately 13 residential service
connections.
(c)Respondent owns and operates the System and is responsible for its maintenance and
repair.
On or about August 21, 2024, Respondent submitted a Supplemental Form for New Public
Drinking Water System signed and submitted by Melissa Porterfield.
18.Melissa Porterfield is the Division’s administrative contact for the System.
CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the Director hereby makes the following conclusions of
law:
19.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.
20.Respondent is a “Supplier” within the meaning of the Utah Safe Drinking Water Act, Utah
Code § 19-4-102(10).
21.The System qualifies as a community Public Water System under the Utah Public
Drinking Water Rules.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 4 of 11
ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED as
follows:
22.System Status: The System is hereby rated as an active but “unrated” 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.
23.Plan Review
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.
If improvements need to be made to the existing water system, all Drinking Water Projects
must have Division Plan Approval prior to construction and Division issuance of an
Operating Permit before facilities can be placed into service. Please see our website for
general information on the Plan Review process, documentation required, and contact
Cameron Draney, P.E. from the Division’s Permitting Section regarding the permitting
process.
The System currently has the following plan review files in the Division’s plan review
database:
1.File #7256 – 150,000 Gallon Storage Tank: The Plan Approval was issued on
June 4, 2008. Contact Cameron Draney, P.E. from the Division’s Permitting Section
with any question regarding the permitting process.
2.File #7502 – Trappers Crossing Well #1 and Arsenic Treatment: The Plan
Approval was issued on July 20, 2016. Contact Cameron Draney, P.E. from the
Division’s Permitting Section with any question regarding the permitting process.
3.File #7641 – Trappers Crossing Distribution: The Plan Approval was issued on
July 20, 2016. Contact Cameron Draney, P.E. from the Division’s Permitting
Section with any question regarding the permitting process.
4.File #12139 – Trappers Crossing Well Chlorinator: The Plan Approval was
issued on July 17, 2020. Contact Cameron Draney, P.E. from the Division’s
Permitting Section with any question regarding the permitting process.
(a)Operating Permit: Respondent shall complete all of the Director’s requirements
to obtain an After-the-Fact Operating Permit on or before 18 months from the
date of issuance of this letter. The Division will assess 50 deficiency points for
using unapproved facilities and 200 deficiency points for using an unapproved water
source if this water system is in operation and does not obtain an Operating Permit
for the entire water system on or before 18 months from the date of issuance.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 5 of 11
24. 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:
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
Dixon Ekins at (385) 502-1575 (dcekins@utah.gov) for assistance related to
Capacity Development/Assessment.
25. 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.
(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.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 6 of 11
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.
26. Cross-Connection Control Program
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).
27.Source Protection Program
A Preliminary Evaluation Report (PER) and a full Drinking Water Source Protection
(DWSP) plan is required for all sources connected to the System. Guidance for preparing
the PER and DWSP plan can be found online at https://deq.utah.gov/drinking-
water/preparing-source-protection-plans. Please contact Deidre Beck at (385) 271-7046
(dbeck@utah.gov) if you have questions about this requirement. Respondent shall submit
the PER and full DWSP plan on or before 365 days from the date of issuance.
28. Operator Certification
A community drinking water system that serves a population of 40 requires a Direct
Responsible Charge Operator (DRC) to be certified at a Small System (SS) Grade Level
to operate the system. The System must obtain the appropriate grade level of certification
on or before 365 days from the date of issuance. If the population or the complexity of
the water system changes, a higher level of certification may be required. If the treatment
process is found to differ from what is on record, a treatment certification may also be
required. For any questions regarding the operator certification rules, contact Dawnie Jacobo
at (385) 272-5038 or DDWOpCert@utah.gov.
29. Consumer Confidence Reports
Respondent shall prepare a consumer confidence report for the System and notify all
System consumers of its availability and make it available upon request by July 1, 2025.
This report must include administrative information on the System, information on the
source of water delivered, the level of detected contaminants during 2024, information
regarding System violations and deficiencies, and other specific language as provided more
fully in UAC R309-225-5. For any questions regarding the consumer confidence reports,
contact Brandi Smith at (385) 515-1650 (brandismith@utah.gov).
30. Monitoring and Reporting Requirements
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 7 of 11
(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) Lead and Copper Monitoring
Five lead and copper first-draw tap samples are required from the distribution
system every six months. After two consecutive six-month sample periods,
the frequency may be reduced to annual or once every three years.
Respondent shall send the results of the analyses to the Division. Please refer
to lcr.utah.gov for more information, or contact Dylan Martinez at (385) 278-
3807 (dylanmartinez@utah.gov).
(d)Lead Service Line Inventory
Respondent is required to complete a service line records review and
submit an initial lead service line inventory by November 1, 2025. Starting
in 2026, Respondent is required to submit an updated inventory annually by
November 1st of each year, until all lead status unknown service lines are
identified and all lead and galvanized requiring replacement service lines
are replaced.
Starting in 2025, Respondent must annually deliver a public notice by
December 1 to all consumers served by a lead, galvanized requiring
replacement or a lead status unknown service line. Respondent must submit
the certificate of delivery form for the annual public notification to the
Division of Drinking Water by July 1st of the following year.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 8 of 11
For more information on the lead service line inventory requirements and
technical and financial assistance that may be available to you, visit
www.lcrr..utah.gov. Questions regarding lead service line inventory
requirements should be directed to Atie Amirgol at aamirgol@utah.gov or
at (385) 303 6474.
(e)PFAS Monitoring
i.Respondent is required to complete initial monitoring for each entry point
of the distribution for six PFAS substances:
-PFOA
-PFOS
-PFHxS
-HFPO-DA (GenX)
-PFNA
-PFBS
Water systems must complete initial monitoring and begin compliance
monitoring for these six PFAS by April 26, 2027, and be fully in compliance
with the maximum contaminant levels (MCLs) by April 26, 2029.
For more information, visit ddwpfas.utah.gov. Please contact John Steffan
with questions at (385) 499-3926 (ddwpfas@utah.gov).
(f)Chemical Monitoring
i.Respondent shall collect New Source Inorganics and Metals analysis at the
Trapper Crossing Well. After the initial analysis is complete, and if the results
are in compliance, then respondent will be required to collect samples for six
classes of chemicals on a routine basis at varying frequencies. Please contact
David Kruse at (385) 566-7789 (dbkruse@utah.gov) with questions.
(g)Chlorination Monitoring:
i.Respondent shall submit a quarterly chlorination report and distribution
system chlorine residual results for the System to the Division. The
chlorination report and chlorine residual data are both due by the tenth day of
the month following each quarter, i.e., January 10th, April 10th, July 10th, and
October 10th.
ii.Respondent shall take a chlorine residual at the point of entry to the
distribution system (before the first connection) for every day that the
system is treating water and shall be at least 0.2 ppm. Additional chlorine
residuals shall be taken from different locations throughout the distribution
system a minimum of 3 times per week, for a total of 12 times per month, in
accordance with State Rules R309-105-10-(1)(c). The distribution system
chlorine residual averages can be reported online at https://mrdl.utah.gov.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 9 of 11
iii.All chlorine residuals shall remain detectable in the distribution system but
shall not exceed 4.0 ppm. Please contact Luke Treutel at (385) 258-6084
(ltreutel@utah.gov) for disinfection by-products (DBP) sampling
requirements.
(h)Disinfection Byproduct Monitoring
i.Respondent shall take two (2) disinfection byproduct (DBP) samples per
year. The water system is required to collect samples from two Disinfection
Byproduct (DBP) sampling sites. Each disinfection byproduct sample should
be a paired sample of Total Trihalomethanes (TTHM) and Haloacetic Acids
(HAA5).
(i)Disinfection Byproduct Sample Site Plan
i.Respondent shall develop a written DBP sample site plan with at least two
DBP sample sites. Respondent shall collect the DBP samples according to
the written sample site plan. Included with this Order is a blank copy of the
Disinfection Byproduct Sample Site Plan. A completed sample site plan must
be submitted to the Division by 30 days from the date of this letter. For any
questions regarding the DBP sample site plan, contact Luke Treutel at (385)
258-6084 (ltreutel@utah.gov).
(j)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 December 1, 2024, lead and copper monitoring
requirements by [Date], DBP monitoring requirements by [Date], and source
chemical monitoring by March 31, 2024. Please contact Mark Berger at (801) 641-
6457 (mberger@utah.gov) for general monitoring schedule questions.
GENERAL PROVISIONS
31.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.
32.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.
33.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.
34.The Date of Issuance shall be the date that the Director signs this Order.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 10 of 11
35.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
36.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
37.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.
38.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.
Initial Order for New Public Water System - Trappers Crossing Subdivision - UTAH29123 Page 11 of 11
DIVISION OF DRINKING WATER
By:_____________________________
Nathan Lunstad Ph.D., P.E.
Director
Date: _November 12, 2024____
New System Order Due Dates Date of Issuance: November 12, 2024 Page 1 of 5
System Name: Trappers Crossing Subdivision
System Number: UTAH29123
Administrative Contact: Melissa Porterfield
Email: tcswatercompany@gmail.com
Phone Number: 599-360-0575
New System Order Due Dates
Date of Issuance: November 12, 2024
1. Plan Review
Item 23a 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
Cameron Draney, P.E.
(385) 271-7039
cdraney@utah.gov
2. Capacity Development Evaluation
Item 24 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
Dixon Ekins
385-502-1575
dcekins@utah.gov
3. Sanitary Survey and Emergency Response
Item 25a 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
4. Source Protection Program
New System Order Due Dates Date of Issuance: November 12, 2024 Page 2 of 5
Item 27 Preliminary Evaluation Report Rule Citation
R309-600-13
Action Completion Due Date
Respondent shall submit a Preliminary Evaluation Report. 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 27 Drinking Water Source Protection Plan Rule Citation
R309-600-7
Action Completion Due Date
The respondent shall submit a Drinking Water Source
Protection Plan.
Within 365 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Deidre Beck
(385) 271-7046
dbeck@utah.gov
5. Operator Certification
Item 28 Operator Certification Requirement Rule Citation
This system requires a Direct Responsible Charge (DRC)
operator.
R309-105-11
Action Completion Due Date
The respondent shall submit documentation to the Division
showing the system has a direct responsible charge operator
certified at the required level.
Within 365 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Dawnie Jacobo
385-272-5038
DDWOpCert@utah.gov
6. Consumer Confidence Report
Item 29 Consumer Confidence Report Rule Citation
R309-225-4
Action Completion Due Date
The respondent shall submit a copy of the Consumer
Confidence Report to the Division.
By July 1, 2025
Division of Drinking Water Contact
Brandi Smith
385-515-1650
brandismith@utah.gov
7. Monitoring and Reporting
Item 30a Total Coliform Monitoring Rule Citation
New System Order Due Dates Date of Issuance: November 12, 2024 Page 3 of 5
R309-211
Action Completion Due Date
The respondent shall submit monthly routine coliform
bacteriological samples to the Division each month the system
is open.
By December 1, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
sfederico@utah.gov
Item 30b 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.
By December 1, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
sfederico@utah.gov
Item 30c Lead and Copper Monitoring Rule Citation
R309-200-5(2) and R309-
210-6
Action Completion Due Date
The respondent shall take and submit all required lead and copper
sampling.
By June 30, 2025
Division of Drinking Water Contact
Dylan Martinez
385-278-3807
dylanmartinez@utah.gov
Item 30d Lead Service Line Inventory Rule Citation
Action Completion Due Date
The respondent shall submit the updated lead service line
inventory
By November 1, 2025
The respondent shall submit the certificate of delivery for the
public notice.
By July 1, 2026
Division of Drinking Water Contact
Atie Amirgol
385-303-6474
aamirgol@utah.gov
New System Order Due Dates Date of Issuance: November 12, 2024 Page 4 of 5
Item 30g Chlorination Monitoring Rule Citation
R309-105-10(1)(c)
Action Completion Due Date
The respondent shall take and submit all required chlorine
residual sample summaries.
April 10, 2025
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 30h Disinfection By-Product Monitoring Rule Citation
R309-210-10(2)
Action Completion Due Date
The respondent shall take and submit all required disinfection
by-product samples.
September 30, 2025
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 30e PFAS Monitoring ( Community or NTNCs water systems) Rule Citation
EPA 40 CFR parts 141 and 142
Action Completion Due Date
The respondent shall complete initial monitoring for each
entry point of the distribution for six PFAS substances
By April 26, 2027
Division of Drinking Water Contact
John Steffan
385-499-3926
ddwpfas@utah.gov
Item30f New Source Chemistries Rule Citation
R309-515-4(5)
Action Completion Due Date
The respondent shall take and submit all required New Source
Chemistries for each active source.
By March 31, 2025
Division of Drinking Water Contact
David Kruse
385-566-7789
dbkruse@utah.gov
New System Order Due Dates Date of Issuance: November 12, 2024 Page 5 of 5
Item 30i Disinfection By-Product Sampling Site Plan Rule Citation
R309-210-10(3)
Action Completion Due Date
The respondent shall submit an adequate disinfection by-
products sample site plan.
December 31, 2024
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov