HomeMy WebLinkAboutDDW-2025-002884
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 (801) 536-4211 • T.D.D. (801) 903-3978
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
Interim Executive Director
DIVISION OF DRINKING WATER
Nathan Lunstad, Ph.D, P.E.
Director
February 21, 2025
Heath Johnston
Diamond Hills Association
1692 N 620 E
Orem UT 84097
Subject: Notice of IPS Point Exceedance and Potential Water System Not Approved Rating
Change; Diamond Hills Association, UTAH26073
Please be advised that a response is requested within 30 days of receiving this
certified mail.
Dear Heath Johnston:
This letter serves to inform you that the Diamond Hills Association, UTAH26073 currently has
130 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
Diamond Hills Association current score exceeds the 100 points for the transient non-community
type as set in R309-400. The Division of Drinking Water (the “Division”) intends to rate
Diamond Hills Association “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.
Page 2 of 3
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 compliance deadlines. For inquiries regarding a CA/EO, please contact Colt
Smith at (385) 515-1529 or acsmith@utah.gov.
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 (385) 515-
1650 or brandismith@utah.gov.
Sincerely,
Nathan Lunstad, Ph.D, P.E.
Director
Page 3 of 3
Enclosure: February IPS Report
cc: Heath Jonston, Diamond Hills Association, mackay.haedt@gmail.com
Tracy Richardson, Wasatch County Health Department, trichardson@wasatch.utah.gov
Julie Cobleigh, P.E., Division of Drinking Water, jjcobleigh@utah.gov
Dani Zebelean, P.E., Division of Drinking Water, dzebelean@utah.gov
Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov
Brandi Smith, Division of Drinking Water, brandismith@utah.gov
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