DDW-2025-002579

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
Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Nathan Lunstad, Ph.D., P.E.
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
November 22, 2024
David Law
℅ Penney’s Grill LLC
Penny’s Cafe Inc.
29 North Main Street
Tooele, UT 84074

Subject: Administrative Order: “Approved” Rating Determination for Penney’s Grill LLC
Public Water System UTAH23075

Dear David Law:

The Division of Drinking Water would like to inform Penney’s Grill LLC of our decision to
change its status to the “Approved” rating in accordance with the Utah Drinking Water Rules.
Enclosed is the “Administrative Order: ‘Approved’ Rating Determination.”

We appreciate the efforts you have taken to be in compliance with Utah’s Drinking Water Rules.
Those rules were adopted to ensure safe, reliable drinking water and to protect public health. My
staff and I stand ready to continue to assist you. Please contact us if there is anything we can do to
support you.

Sincerely,

Nathan Lunstad, Ph.D., P.E.
Director, Division of Drinking Water

Enclosures: Administrative Order: ‘Approved’ Rating Determination
March 6, 2023 Compliance Agreement Enforcement Order
March 31, 2022, Required to Disinfect Letter
Penney’s Grill LLC UTAH23075 Master Report
Primary Disinfection Requirements
Monthly Report for Primary Disinfection Compliance Template

cc: Kimberly D. Shelley, Utah Department of Environmental Quality, [e-mail]
Bryan Slade, Tooele County Health Department, [e-mail]
Steve Macurdy, Woulf Group LLC-Registered Agent, 1068 North Industrial Park Circle, Grantsville, 84029
Brent Arns, Utah Division of Drinking Water, [e-mail]
Penney’s Grill LLC Public Water System
Page 2 of 2

Chris Martin, Utah Division of Drinking Water, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail] -or-
David McKnight, Utah Attorney General’s Office. [e-mail]
Christopher Brown, Environmental Protection Agency-Region 8, [e-mail]
EQDWMonitoring, EQDWVSA, EQDWCOA, and EQDWFS

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Penney’s Grill LLC Public Water System

ADMINISTRATIVE ORDER:
“APPROVED” RATING
DETERMINATION

Docket No. UTAH23075-2024

This ADMINISTRATIVE ORDER: “APPROVED” RATING DETERMINATION
(“Order”), relating to the Penney’s Grill LLC (the “System”), has been issued by the Director of
the Utah Division of Drinking Water (“Director”) based on the authorities and findings provided
herein. Notice of this Order is being provided to David Law, a person, as the “Supplier” who is
legally responsible for the System.
STATUTORY AND REGULATORY AUTHORITY
1. In 1974, Congress enacted the federal Safe Drinking Water Act, codified at 42 U.S.C. §
300f et seq, as amended. 42 U.S.C. § 300g-2 allows states to achieve primary
enforcement responsibility after the Environmental Protection Agency (“EPA”) has
determined that the state has adopted and can implement a state program that is no less
stringent than the federal public drinking water program (“Primacy”).
2. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah
Code § 19-4-101, 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 R309-400-4(1)(a)(ii) directs the Director to establish “the point thresholds for
assigning an Approved or Not Approved rating for each type of water system.” For
systems exceeding the point threshold, the Director may 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.
9. UAC R309-400-4(4) allows the Director to assess points against public water systems
upon their failure to comply with Division directives and orders.
10. UAC R309-400-5(1)(b)(ii) allows the Director to rate any public water system as “Not
Approved” at any time if an immediate threat to public health exists.
11. UAC R309-400-5(1)(c) provides that a public water system may qualify for a “Corrective
Action” rating for its public water system “based on a current, written agreement with the
division to resolve underlying noncompliance according to a compliance schedule.”
12. Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also UAC R309-100-8.
13. Utah Code § 19-4-107 provides that upon discovery of any violation of the Act or a rule
of the, the Director shall promptly notify the supplier of the violation, state the nature of
the violation, and issue an order requiring correction of that violation.
14. Utah Code § 19-4-109 provides that any person who violates the Act or a rule or order
made or issued pursuant to the Act may be subject to an administrative penalty of up to
$1,000 per day of violation or a civil penalty of up to $5,000 per day of violation.
15. The Director’s jurisdiction to issue this AO is based, in part, on Section 1447(a) of the
Safe Drinking Water Act, codified at 42 U.S.C. § 300j-6. The federal act provides that if
a state has achieved enforcement primacy, then federal agencies are subject to the
jurisdiction of the state agency with enforcement primacy. In directing federal facilities
to be subject to and to comply with all state requirements “in the same manner and to the
same extent as any [non-governmental entity,],” the explicit language of the federal act
demonstrates Congress’ intention that federal facilities be treated as any other public
water system covered by the federal act and, in turn, the state law (the Utah Safe

Drinking Water Act) and rules that implement the federal act. Thus, the Director is
required to assert jurisdiction over the Supplier in this matter in the same manner and to
the same extent as any non-governmental entity.
FINDINGS
Based on information in the Division’s administrative files, the Director makes the following
Findings for purposes of this Order:
1. The System is a public drinking water system within the meaning of the Utah Safe
Drinking Water Act and the Utah Public Drinking Water Rules.
2. The Supplier is the owner and/or operator of the System and is therefore legally
responsible for the System and for compliance with applicable laws, rules, and
regulations.
3. The System qualifies as a transient system under the Utah Public Drinking Water Rules.
The maximum number of points allowed for this type of system is 100.
4. The System is currently rated as “Corrective Action”.
5. On March 6, 2023, the Supplier entered into a Compliance Agreement Enforcement
Order relating to the System. As reflected in the Master IPS Report and Division records,
the Supplier has achieved compliance with the requirements in the CA/EO.
6. On March 31, 2022, the Division of Drinking Water required the Penney’s Grill LLC
water system to install and maintain primary disinfection on its only source, Penney Well
(WS001).
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as
follows:
7. The System is hereby rated as “Approved” under the Utah Public Drinking Water Rules.
This approval is conditional upon the Supplier meeting the following primary
disinfection requirements while the Penney Well (WS001) is in operation.
8. Disinfection Requirement for Source: The requirement to provide continuous
disinfection and maintain primary disinfection standards, as outlined in this Order,
applies to the designated source (Penney Well, WS001) regardless of its ownership
status. This stipulation is in place to ensure that all water entering the distribution system
from this source meets necessary public health standards. The Supplier is responsible for
ensuring compliance with these requirements, irrespective of whether the well is owned,
leased, or otherwise operated under a separate entity. Failure to maintain disinfection of
this source as directed will be considered a violation of this Order.
Primary Disinfection Requirements

9. To meet primary disinfection requirements, the Supplier agrees to continuously maintain
a minimum of 0.2 mg/L free chlorine residual at the Point(s) of Entry (POE) into the
distribution system, continuously demonstrate a CT that achieves 4-log inactivation for
virus at the POE for Penney Well (WS001) , demonstrate a detectable chlorine residual in
the entire distribution system, and comply with associated reporting requirements.

10. Chlorine Residual ‒ Point(s) of Entry (POE) to Distribution System (EP001)

(a) The POE sampling location will be identified as EP001 in the Division’s
database.

(b) Maintain a minimum of 2.8 mg/L residual (measured as free chlorine) at the
POE sampling location. [UAC R309-215-16(3)(b)(iii)(A)(I) and (II)].

(c) The chlorine residual concentration measured at the POE sampling location
shall not exceed the Maximum Residual Disinfectant Level (MRDL) of 4.0
mg/L (measured as free chlorine). [R309-200-5(3)(c)(iv)].

(d) Record and report the lowest daily chlorine residual concentration, measured
as free chlorine, at the chlorinator POE sampling location (EP001) a
minimum of daily. [R309-210- 8(3)(a)(ii)]

(i) In the event that your system serves a population of greater than 3,300
people in the future, R309-215-16(3)(b)(iii)(A)(I) requires water systems
serving greater than 3,300 people to monitor the POE chlorine residuals
continuously. Therefore, an online analyzer is needed to continuously
monitor the POE chlorine residuals entering the distribution system.

(ii) Our records show that your water system serves approximately 27
persons. R309-215-16(3)(b)(iii)(A)(II) requires water systems serving
3,300 people or fewer to monitor the POE chlorine residuals and take
daily grab sample(s). Alternatively, instead of taking daily grab samples,
a groundwater system serving 3,300 or fewer people may use an online
analyzer to monitor the POE chlorine residuals entering the distribution
system continuously.

11. Primary Disinfection and Reporting Requirements

(a) The water system must operate a treatment facility capable of providing
sufficient disinfection CT to achieve 4-log10 virus inactivation of the water
from Penney Well (WS001) [R309-215-16(1)(a)(iii); R309-520-6(4)(c)]

(b) The water system must demonstrate sufficient disinfection CT by monitoring
and reporting the actual CT achieved during operation using a monitoring
sheet provided by the Division. The monitoring and reporting will include

chlorine residuals measured at the POE to the distribution system and other
parameters for calculating CT. [R309-520-6(4); R309-215-16(3)(b)(iii)(A)]

(c) The water system must submit Primary Disinfection Reports monthly. The
reports are due to the Division by the 10th day following the end of each
reporting month. [R309-215-10]

12. Chlorine Residual ‒ Distribution System (DS001)

(a) This water system must maintain a detectable residual throughout the entire
distribution system. Maintaining the chlorine residual above 2.8 ppm in the
distribution system is recommended. [R309-520-5]

(b) The chlorine residual measured in the distribution system shall not exceed
the maximum residual disinfectant level (MRDL) of 4.0 mg/L (measured as
free chlorine). [R309-200-5(3)(c)(iv)]

(c) Take a minimum of three (3) chlorine residual samples per week at varying
locations throughout its distribution system. [UAC R309-105-10(1)(c)]

(d) Distribution system chlorine residuals must be taken in conjunction with total
coliform sampling. [R309-215-10(3)]

13. In the event of a disinfection facility malfunction where chlorine residuals cannot
be maintained throughout the system, the Supplier must notify the Division within
eight hours by phone at [phone], per UAC R309-105-18(1)(a).

14. The CA/EO dated March 6, 2023, is hereby closed.

GENERAL PROVISIONS

15. This Order does not in any way relieve the Supplier from any other obligation
imposed under the Act or any other state, federal, or local law, rule, or regulation.

16. 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.

17. The Date of Issuance shall be the date that this Order is signed by the Director.

CONTEST AND APPEAL RIGHTS

18. This Order is effective immediately and shall become final unless the Supplier
contests its validity or correctness in writing within thirty (30) days of the
date of its issuance. See Utah Code Utah Code § 63G-4-102(2)(k). The validity

or correctness of 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 the validity or correctness of 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 operates
waives any right of administrative contest, reconsideration, review or judicial
appeal. An extension is only available under UAC R305-7.

19. 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.
DATED this 22 day of November, 2024.

DIVISION OF DRINKING WATER

By:

Nathan Lunstad, Ph.D., P.E.

Director, Division of Drinking Water

CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Approved” Rating
Determination for Penny's Grill LLC UTAH23075 via registered mail to the following:

REGISTERED MAIL #
David Law
℅ Penney’s Grill LLC
Penny’s Cafe Inc.
29 North Main Street
Tooele, UT 84074

_______________________________
Name

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Date