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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