DDW-2025-002585

February 18, 2025
Last Chance Ski Ranch Attn: Rick Lybbert
166 Cottonwood Loop Saratoga Springs, UT 84045
Subject: Administrative Order: “Approved” Rating Determination for Last Chance Ski Ranch Water System UTAH23088
Dear Rick Lybbert,
The Division of Drinking Water would like to inform Last Chance Ski Ranch Water System 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”, “IPS Report”
cc: Taylor Palmer, [e-mail] Rick Lybbert, Last Chance Ski Ranch Water, [e-mail] Chris Brown, Environmental Protection Agency-Region 8, [e-mail] Brent Arns, Division of Drinking Water, [e-mail] Colt Smith. Division of Drinking Water, [e-mail] Melissa Noble, P.G., Division of Drinking Water, [e-mail] EQDWMonitoring, EQDWCOA, and EQDWFS Bret F. Randall, Assistant Attorney General, [e-mail] Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Administrative Order: “Approved” Rating Determination
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER
In the Matter of:
Last Chance Ski Ranch Water
ADMINISTRATIVE ORDER: “APPROVED” RATING DETERMINATION
Docket No. UTAH23088-2025
This ADMINISTRATIVE ORDER: “APPROVED” RATING DETERMINATION (“Order”), relating to the Last Chance Ski Ranch Water System (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 Last Chance Ski Ranch, a
Non Profit Corporation, 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 lessstringent than the federal public drinking water program (“Primacy”).
2.The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at UtahCode § 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. UtahCode § 19-4-104(1)(c)(vi) charges the Board to “meet the requirements of federal lawrelated or pertaining to drinking water.” The Board has promulgated the Utah PublicDrinking 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. See45 Fed. Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPAAdministrator has reviewed, and continues to review annually, the Utah public drinkingwater 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 WaterRules, UAC R309-110-4.
6.UAC R309-100-7 requires the Director to “assign a rating to each public water supply inorder 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 ratingsystem, each public water system is assigned a rating “to characterize the water system’scompliance 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 pointsassessed 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 forassigning 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 watersystems, 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 “NotApproved” 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 “CorrectiveAction” 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 theBoard 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 ruleof 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 ordermade 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 thejurisdiction of the state agency with enforcement primacy. In directing federal facilitiesto be subject to and to comply with all state requirements “in the same manner and to thesame 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 legallyresponsible for the System and for compliance with applicable laws, rules, andregulations.
3.The System qualifies as a Transient Non-Community 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 “Unrated.”
5.For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the Systemhas been assigned 50 IPS points. This number is below the threshold provided in the IPS
Rule. The Master IPS Report is incorporated herein by this reference.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as follows:
1. The System is hereby rated as “Approved” under the Utah Public Drinking Water Rules.
GENERAL PROVISIONS
1. This Order does not in any way relieve the Supplier from any other obligation imposedunder the Act or any other state, federal, or local law, rule, or regulation.
2. 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.
3. The Date of Issuance shall be the date that this Order is signed by the Director.
CONTEST AND APPEAL RIGHTS
1.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 itsissuance. 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.
2. To contest this Order, the Supplier must respond in writing and must comply with theapplicable procedural requirements found at UAC R305-7 and with the applicablerequirements 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 issuanceof this Order. For U.S. Mail delivery under UAC R305-7, the Director’s address isDirector, Division of Drinking Water, P.O. Box 144830, Salt Lake City, UT 84114-4830.
IT IS SO ORDERED.
DATED this _____ day of __________, 2025.
DIVISION OF DRINKING WATER
By:
Nathan Lunstad, Ph.D, P.E.
Director, Division of Drinking Water
19 February
CERTIFICATE OF SERVICE
I certify that I served a copy of Administrative Order: “Approved” Rating Determination for Last Chance Ski Ranch Water UTAH23088 via registered mail to the following:
Last Chance Ski Ranch Water
REGISTERED MAIL # Rick Lybbert 166 Cottonwood Loop Saratoga Springs, UT 84045
_______________________________ Name
_______________________________
Date