DDW-2025-002871

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 [phone] • T.D.D. [phone] www.deq.utah.gov
Printed on 100% recycled paper

State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor

Department of
Environmental Quality

Tim Davis
Executive Director

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

February 25, 2025

Mark Cowley
Amalga Town Water
6590 North 2400 West
Amalga, UT 84335

Dear Mark Cowley:

Subject: Failure to Address a Formal Order Amalga Town Water System UTAH03002

On January 19, 2024, the Director of the Utah Division of Drinking Water (Division) issued a
formal Not Approved Order (NAO) to the Amalga Town Water System (System). A copy of the
Not Approved Order is attached for your reference. This NAO was not challenged within the
permitted timeframe and is a final agency order that is enforceable through various means. A
review of the Division's records indicates that Amalga Town Water System has failed to meet the
following deadlines for compliance:

Item #1 Code Facility Deficiency Rule Citation
C001 DS001 System direct responsible operators not
certified at the required level
R309-105-11, R309-300-5(3)
Recommended Corrective Action Due Date
Amalga Town water system needs to obtain a small systems
operator and a DRC by 01/19/2025
01/19/2025

The above items were due on January 19, 2025. The System has been operating in violation of the
NAO since that date. Among other remedies available to the Division, Safe Drinking Water Act
provides for the imposition of monetary penalties as follows:

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 of 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).

The Division estimates that the total penalty amount today would be in excess of $37,000.00.
These deficiencies represent a potentially significant risk to the public health of the Amalga Town
Water customers.

This is not a formal notice of violation or administrative order but provides the Amalga Town
Water System with a final opportunity to correct this violation and come into compliance before a
penalty is assessed or the Director initiates a civil enforcement action in state district court to
compel compliance, or both. The Division requests a written response within 30 days of receipt of
this letter stating progress and a proposed completion date for the resolution of the current
deficiencies. Failure to respond can result in further enforcement, including requesting that
the Attorney General’s Office file a civil action in state district court to obtain civil
enforcement of the NAO and to assess penalties. A written response to this letter is required. A
phone call will not relieve the responsibility to respond to this letter in writing. If you have
questions, please reach out to Brandi Smith at (385)-515-1650.

Sincerely,

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

Enclosure

cc: Mark Cowley, Almaga Town Water, [e-mail]
Tim Davis, Utah Department of Environmental Quality, [e-mail]
Grant Koford, Bear River Health Department, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
Bret Randall, Utah Attorney General's Office, [e-mail]
Cameron Draney, P.E., Division of Drinking Water, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
Helen Lau, Division of Drinking Water, [e-mail]