DDW-2024-014771

195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone [phone] • Fax [phone] • T.D.D. [phone]
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
October 25, 2024
CS Bryce Canyon, LLC
Attn: Hal Feinberg
2100 N Tatum Blvd Ste 1630-513
Phoenix, AZ 85050
Subject: Initial Order for New Public Water System for Clear Sky Bryce Canyon, UTAH09108
Dear Hal Feinberg:
According to the operating permit issued by the Utah Division of Drinking Water (the “Division”) on
August 15, 2024, the Clear Sky Bryce Canyon Phase 1 serves water to 25 dome tents and a 75-seat
restaurant. It has come to the attention of the Division that CS Bryce Canyon, LLC, a Delaware limited
liability company, is the owner and/or operator of a public water system (PWS) 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 UTAH09108. 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
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
CS Bryce Canyon, LLC
Page 2 of 2
October 25, 2024
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 [phone] or [e-mail].
●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 [phone] 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 [phone] or [e-mail]. To contest or appeal this Order, please contact Bret
Randall of the Attorney General’s office at [phone] or [e-mail].
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:
Terry Smith, Rural Water Association of Utah, [e-mail]
Ty Leydig, Rural Community Assistance Corporation, [e-mail]
Brandon Mellor, Utah Division of Water Rights, [e-mail]
Rachel Shilton, Utah Division of Water Resources, [e-mail]
Jeremy Roberts, Southwest Utah Public Health Department, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail]
Christopher Brown, EPA Region 8, [e-mail]
J. Paul Wright, P.E., DEQ Southwest District Engineer, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS
Capitol Corporate Services, Inc, Registered Agent, 2005 E 2700 S Ste 200, Salt Lake City, Utah 84109
1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Clear Sky Bryce Canyon, a Utah Public
Water System (UTAH09108)
INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM
Docket No. UTAH09108-2024-01
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 CS Bryce Canyon, LLC, a Delaware limited liability
company, in its capacity as the “Supplier,” who is legally responsible for the Clear Sky Bryce
Canyon 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
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.
3
FINDINGS
Based on information available to the Director, the Director makes the following Findings for
purposes of this Order:
16.CS Bryce Canyon, LLC (“Respondent”) is a Delaware limited liability company. Based
on public records on file with the Utah Division of Corporations:
(a)Respondent has the following registered business address: 2100 N Tatum Blvd Ste
1630-513, Phoenix, AZ 85050.
(b)The legal registered agent of Respondent is Capitol Corporate Services, Inc, with the
following registered agent address: 2005 E 2700 S Ste 200, Salt Lake City, UT
84109.
17.There exists a public water system known as the Clear Sky Bryce Canyon water system
(the “System”) located at 855 UT-12 in Cannonville, Utah. The System is a public water
system based on the following facts:
(a)Respondent owns a 75-seat restaurant and 25 dome tents and is open year round.
There are approximately 250 visitors. Respondent serves culinary water to the
foregoing population.
(b)On August 15, 2024, the Division issued Respondent an Operating Permit related to
the System, including approval of the use of a consecutive connection to
UTAH09003 Cannonville Town Water System (WS001), and an independent
distribution system will ultimately serve approximately 113 service connections.
(c)Respondent owns and operates the System and is responsible for its maintenance and
repair.
18.Hal Feinberg 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 transient non-community Public Water System under the Utah
Public Drinking Water Rules.
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” transient non-
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
(a)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 J. Paul Wright, P.E., DEQ Southwest District Engineer at (435)
986-2590 ([e-mail]) regarding the permitting process.
i.The System currently has the following plan review files in the Division’s plan
review database:
1.File # 13369 (Phase 1) – Zone 1 of the New Public Water System:
New Public Water System including design for the distribution system
(Phase 1). Phase 1 has been completed and an operating permit was
issued on August 15, 2024. contact J. Paul Wright, P.E., DEQ Southwest
District Engineer at [phone] ([e-mail]) regarding the
permitting process.
2.File # 13369 (Phase 2) – Zone 2 of the Public Water system: Phase 2
includes the completion of two Booster Pump Stations and
Hydropneumatics tanks which will provide adequate pressure to serve
Zone 2 of the project. Plan approval was issued along with Phase 1 of
the project on October 10, 2023. Phase 2 will require an operating
permit once construction is complete. contact J. Paul Wright, P.E.,
DEQ Southwest District Engineer at [phone]
([e-mail]) regarding the permitting process.
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
Michael Grange at [phone] ([e-mail]) 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
[e-mail] 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.
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 [phone] ([e-mail]).
27.Source Protection Program
(a)Since the System’s current source is solely a consecutive connection, source
protection requirements do not apply. If any new sources are added in the future,
source protection requirements may apply at that time. Please call [phone]
and ask to speak to the source protection staff if you have questions about this
requirement.
28. Monitoring and Reporting Requirements
(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 [phone]
([e-mail]).
(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 [phone]
([e-mail]).
(c)Chlorination Monitoring:
i.Respondent shall measure and record a minimum of three chlorine
residuals per week at various locations in the distribution system in
accordance with State Rules R309-105-10-(1)(c). This is because the system
receives chlorinated water through its consecutive connection.
ii.Respondent shall submit distribution system chlorine residual results
for the System to the Division. The chlorine residual data are due by the
tenth day of the month following each quarter, i.e., January 10th, April 10th,
July 10th, and October 10th. The distribution system chlorine residual
averages can be reported online at https://mrdl.utah.gov.
iii.Respondent shall measure and record the chlorine residual level in
conjunction with total coliform sampling in accordance with State Rules
R309-215-10(3). This means the chlorine residual level must be checked
and recorded for every routine bacteriological sample that is collected.
iv.All chlorine residuals shall remain detectable in the distribution system but
shall not exceed 4.0 ppm. Please contact Luke Treutel at [phone]
([e-mail]) for chlorine residual sampling requirements.
(d)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 October 1, 2024, and DBP monitoring requirements by
January 10, 2025. Please contact Mark Berger at [phone]
([e-mail]) for general monitoring schedule questions.
GENERAL PROVISIONS
29.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.
30.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.
31.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.
32.The Date of Issuance shall be the date that the Director signs this Order.
33.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
34.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
35.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.
36.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.
DIVISION OF DRINKING WATER
By:_____________________________
Nathan Lunstad, Ph.D., P.E.
Director
Date:___________________________ October 25, 2024
System Name: Clear Sky Bryce Canyon PWS
System Number: UTAH09108
Administrative Contact: Hal Feinberg
Email: [e-mail]
Phone Number: 480-650-5201
New System Order Due Dates
Date of Issuance: October 25, 2024
1. Capacity Development Evaluation
Item 24b 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
Michael Grange
801-674-2563
[e-mail]
2. 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
[e-mail]
3. Monitoring and Reporting
Item 28a Total Coliform Monitoring Rule Citation
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 31, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
[e-mail]
Item 28b 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
[e-mail]
Item 28c Chlorination Monitoring Rule Citation
R309-105-10-(1)(c) & R309-215-
10(3)
Action Completion Due Date
The respondent shall take and submit all required chlorine
residual readings.
By January 10, 2025
Division of Drinking Water Contact
Luke Treutel
[phone]
[e-mail]