DDW-2025-002876

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

Dale Peterson
Aspen Heart HOA
PO Box 729
Gunnison, UT 84634

Subject: Notice of IPS Point Exceedance and Potential Water System Not Approved Rating
Change; Aspen Heart HOA Water, UTAH21052

Please be advised that a response is requested within 30 days of receiving this certified
mail.

Dear Dale Peterson:

This letter serves to inform you that the Aspen Heart HOA Water UTAH21052 currently has 115 IPS
points assessed. The Improvement Priority Systems (IPS) sets points for compliance requirements
based on the risk to public health and thresholds based on the type of system. The Aspen Heart HOA
Water System's current score exceeds the 100 points for the Transient Non-Community system type as
set in R309-400. The Division of Drinking Water (the “Division”) intends to rate the Aspen Heart
HOA Water System “Not Approved” if there is no response to the Division within 30 calendar days
of receiving this notice. Your response may include any of the actions listed below to prevent a Not
Approved Order:
1. Ask the Director for reconsideration by providing additional information to the Division
demonstrating the attached IPS report needs to be revised.
2. Correct any outstanding noncompliance items in the attached report and submit evidence of its
correction to the Division. This can include taking any missing chemical samples, correcting
any deficiencies, and/or submitting any evidence that violations or deficiencies were issued in
error.
3. Request a Corrective Action Plan (CAP) through requestcap.utah.gov. This informal
agreement between the System and the Division establishes a schedule to allow more time to
correct unresolved significant deficiencies in the attached report. A CAP is not available for
violations or minor deficiencies.
4. If the system has violations or has failed a previously executed CAP, the system must enter
into a Compliance Agreement/Enforcement Order (CA/EO). A CA/EO is formal enforcement
and establishes a schedule for systems to return to compliance. The System is typically rated
“Corrective Action” rather than “Not Approved” and has input on timelines for meeting
Aspen Heart HOA
Page 2 of 2
November 21, 2024

compliance deadlines. For inquiries regarding a CA/EO, please contact Colt Smith at (385)
515-1529 or [e-mail].

Failure to respond to the Division within 30 calendar days from the receipt of this notice may result in
the following:
1. The Director issuing a formal enforcement order rating your water system’s rating “Not
Approved.”
a. The Not Approved Order is a formal administrative notice and provides the Director
the ability to issue penalties amounts of up to $1,000 per violation per day.
b. This Not Approved Order, at a minimum, requires a system to issue public notice
every 90 days informing their customers of the “Not Approved” rating.
2. The Director may assess an additional 25 to 200 IPS points to your water system for failing to
protect public health.
3. The Division may refer the System to the Utah Attorney General for civil action in district
court, asking for an injunction to ensure compliance with the State and Federal Safe Drinking
Water Act.
4. Failure to respond may also result in the U.S. Environmental Protection Agency taking federal
enforcement action to address the noncompliance shown in the attached report.

This notice serves as a courtesy to your water system, allowing them to come into compliance
voluntarily. This notice is a compliance advisory, is not an agency action, and does not trigger any
legal rights and/or remedies for the System. Additionally, nothing in this notice prevents the Director
from initiating formal enforcement at any time in the process. We urge you to take immediate action
on this matter. Compliance with the standards and regulations for drinking water, as outlined in the
Utah Safe Drinking Water Act, the Utah Drinking Water Rules, and the Federal Safe Drinking Water
Act, is essential to ensure safe, reliable drinking water and to protect public health. We are dedicated
to working together with you to help you come into compliance. If you require assistance in
responding to this notice, please contact Brandi Smith at [phone] or [e-mail].

Sincerely,

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

Enclosure: November IPS Report

cc: Dale Peterson, Aspen Heart HOA Water, [e-mail]
Eric Larsen, Central Utah Health Department, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail]
Colt Smith, Division of Drinking Water, [e-mail]
Brandi Smith, Division of Drinking Water, [e-mail]
Chris Brown, US EPA Region 8, [e-mail]
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