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Home My WebLink AboutDDW-2025-002941 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) 536-4414 www.deq.utah.gov Printed on 100% recycled paper State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF DRINKING WATER Tim Davis Director November 1, 2022 CERTIFIED MAIL #7011 1570 0002 0948 7073 Stephen Brown Foothill Water Users Association 2268 North Cottontail Dr Cedar City, UT 84721 Subject: NOTICE OF VIOLATION-TREATMENT TECHNIQUE VIOLATION, WATER SYSTEM UTAH11099 Stephen Brown: Our records indicate that your system is in violation of the State of Utah Public Drinking Water Rules as follows: On September 9, 2021, Foothill Water Users Association received eleven significant deficiencies. The system was notified of these deficiencies on September 20, 2021. The following two deficiencies are now overdue: V009 Storage tank lid lacks a functioning gasket between the lid and frame ST001 V012 End of storage tank overflow pipe lacks no. 4 screen ST001 Utah Public Drinking Water Rules require all significant deficiencies to be corrected within 120 days of the date of notification or the system must enter a corrective action plan (CAP) or Compliance Agreement/Enforcement Order (CA/EO) with the Division to address the significant deficiencies as specified in R309-215-16(3)(a)(v). The system chose to request a CA/EO which was finalized on June 28, 2022. The system failed to correct the deficiencies by the CA/EO’s deadline of September 1, 2022. This results in the system being assessed a treatment technique violation in accordance with R309-215-16(4)(a) and the assessment of 50 Improvement Priority System (IPS) points to the system’s IPS Report. Be advised this could adversely affect your water system’s rating (R309-400). As a result of this Tier 2 violation, the system must provide the public notice as soon as practical, but no later than 30 days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved (see R309-220-6(1)(a) and R309- Stephen Brown Page 2 of 2 November 1, 2022 220-6(1)(b)). This public notice requirement cannot be waived once a violation occurs. Proof of public notification must be provided to the Division at (ddwreports@utah.gov) within 30 days of notifying the water system customers and resubmitted each quarter the deficiencies remain unresolved. If any of the above deficiencies have been corrected, please complete the enclosed IPS Deficiency Correction Notice and submit the information to the Division at ddwips@utah.gov immediately. We ask that you respond to this letter as soon as possible. Please contact Jennifer Yee at (385) 515-1501 or ddwips@utah.gov if you have questions or need assistance. Sincerely, Mark Berger Rules Section Manager Enclosures: IPS Report Deficiency Correction Form Tier 2 Public Notice Template cc: Jeremy Roberts, Southwest Utah Public Health Department, jroberts@swuhealth.org Paul Wright, P.E., District Engineer, pwright@utah.gov Contacts Type: Administrative Contact Name: STEPHEN BROWN Office: 435-559-0434 Emergency: Email: realtorstevebrown@gmail.com Site Information Legal Contact: SCOTTSVILLE WATER USERS INCORPORATED Address: 2268 North Cottontail Drive , CEDAR CITY, UT 84721 Phone: 435-559-0434 County: IRON COUNTY System Type: Community Certification Required: SS Total Population: 28 Site Updates Last Inventory Update: 12/20/2021 Last Surveyor Update: 09/09/2021 Surveyor: PAUL WRIGHT Operating Period: 1/1 - 12/31 Last IPS Update: 11/01/2022 19:45:33 Political Districts Representative: 0 Senate: 0 Water Usage Information per ERC Total Ips Points: 785 Public Water System IPS ReportDEQ | Drinking Water Foothill Water Users Association PWS ID: UTAH11099 Rating: Corrective Action 08/08/2022 Status: Active IPS SUMMARY Total IPS Points: 785 Admin & Physical Facilities Quality & Monitoring Significant Deficiency Violations 185 300 300 PHYSICAL FACILITY POINTS Total Pts: 185 Facility Facility Name Status Points Effective Details DS001 UTAH11099 DISTRIBUTION SYSTEM A 75 Hide Details ( 8 ) Code Description Severity Comments DeterminedDate Pending Assessed M006 CCC-LACKS WRITTENRECORDS OF CCC ACTIVITIES MIN SYSTEM MUST HAVE COMPLETED WRITTEN CCC RECORDS BY 6/1/2021 11/24/2020 0 15 C001 SYSTEM DIRECT RESPONSIBLECHARGE OPERATORS NOT CERTIFIED ATTHE REQUIRED LEVEL SIG SYSTEM HAS ONE YEAR TO OBTAIN SMALL SYSTEMS CERTIFIED OPERATOR. DUE 12/3/2021 12/03/2020 50 0 G001 UNAPPROVEDFACILITY IN SERVICE SIG OPERATING PERMITS MUST BE OBTAINED FORALL SYSTEM FACILITIES BY 12/3/2021 11/24/2020 50 0 M004 CCC-NO ANNUALPUBLIC EDUCATION OR AWARENESS MIN SYSTEM MUST HAVE COMPLETED CCC PUBLICEDUCATION/AWARENESS BY 6/1/2021 11/24/2020 0 15 M005 CCC-LACKSOPERATOR TRAINING MIN SYSTEM MUST HAVE COMPLETED CCCOPERATOR TRAINING BY 6/1/2021 11/24/2020 0 15 M007 CCC-LACKS ON-GOING ENFORCEMENTIMPLEMENTATION MIN SYSTEM MUST HAVE COMPLETED CCC ON- GOING ENFORCEMENT BY 6/1/2021 11/24/2020 0 15 S033 COM SYSTEM WITHOUTNATURALLY FLOWING SOURCESLACKS BACKUP POWER FOR ATLEAST ONE WATER SOURCE SIG No backup power 09/09/2021 25 0 M003 CCC-LACKS LOCAL AUTHORITY MIN SYSTEM MUST HAVE LOCAL CCC AUTHORITY BY 3/3/2021 11/24/2020 0 15 ST001 140K GAL TANK A 80 Hide Details ( 8 ) PHYSICAL FACILITY POINTS Total Pts: 185 Facility Facility Name Status Points Effective Details Code Description Severity Comments DeterminedDate Pending Assessed V022 STORAGE TANK ROOF OR SIDEWALLS SHOWSIGNS OF SEVERE DETERIORATION SIG There were numerous gashes, bullet holes, and spots that had rusted through on the side of the tank well. The hatch also had an opening. The large gashes near the bottom of the tank only allow them to fill the tank to about 5 feet high. 09/09/2021 50 0 V017 STORAGE TANK SUBJECT TOCONTAMINATION DUE TO UNSEALEDOPENINGS ON TANK ROOF OR SIDEWALLS SIG There were numerous gashes, bullet holes, and spots that had rusted through on the side of the tank well. The hatch also had an opening. The large gashes near the bottom of the tank only allow them to fill the tank to about 5 feet high. 09/09/2021 100 0 V011 END OF STORAGE TANK OVERFLOW LACKS A CLEARANCE OF BETWEEN 12 AND 24 INCHES FROM GROUND SURFACE SIG Currently discharges right next to the tank. It has not been extended.09/09/2021 25 25*(group- 35) V004 STORAGE TANKLADDERS IN EXCESS OF 20 FEET LACKSAFETY FEATURE SUCH AS CAGE,HARNESS OR PLATFORM MIN There is a cage, but at the roof, no railing and a steepsloped roof that makes it impossible to inspect or access the roof safely. 09/09/2021 0 15 V012 END OF STORAGE TANK OVERFLOW PIPE LACKS NO. 4 SCREEN SIG No #4 screen on the overflow discharge 09/09/2021 0 25 V009 STORAGE TANK LIDLACKS A FUNCTIONINGGASKET BETWEEN THE LID AND FRAME SIG There was no gasket between the raised lip and the bottom of the lid 09/09/2021 0 25 V029 STORAGE TANK ACCESS OPENING LACKS A LOCK SIG There was not lock on the hatch 09/09/2021 0 25 V008 TANK ACCESS HEIGHT LESS THAN 4INCHES ABOVE TANK ROOF OR LESS THAN18 INCHES ABOVE EARTHEN COVER MIN The hatch is only about 2 inches above the surface 09/09/2021 0 15 WS001 UNDERGROUND WATER WELL A 30 Hide Details ( 10 ) PHYSICAL FACILITY POINTS Total Pts: 185 Facility Facility Name Status Points Effective Details Code Description Severity Comments DeterminedDate Pending Assessed S023 NO SMOOTH NOSED SAMPLING TAP ON DISCHARGE PIPING MIN There is a threaded hose bib, but no smooth nosed sample tap 09/09/2021 0 5 S025 NO PRESSURE GAUGE ON WELLDISCHARGE PIPING MIN There is an old pressure gauge that does not work 09/09/2021 0 5 S013 WELL LACKS THE REQUIRED WELL SEAL SIG Well head had not been welded between the top seal andthe casing. There was an opening 09/09/2021 50 0 S024 NO CHECK VALVEON WELL DISCHARGE PIPING MIN No check valve in the discharge line 09/09/2021 0 5 S015 WELL LACKS A MEANS TO MEASURE WATER LEVELS PERIODICALLY MIN Well casing does not have access to measure drawdown 09/09/2021 0 5 S026 NO FLOW METER ONWELL DISCHARGE PIPING MIN There is an old meter that is not working 09/09/2021 0 5 S001 UNAPPROVED SOURCE IN SERVICE SIG OPERATING PERMITS MUST BE OBTAINED FOR ALL SYSTEM SOURCES BY 12/3/2021 11/24/2020 200 0 S003 WELL CASINGTERMINATES LESS THAN 12 INCHESABOVE FLOOR OR LESS THAN 18INCHES ABOVE GROUND SURFACE SIG Only about 6 inches above well house dirt floor 09/09/2021 25 0 SP06 NEW WATER SOURCE LACKS APPROVED PER SIG SYSTEM MUST SUBMIT PER FOR WS001 BY 6/1/2021 11/24/2020 50 0 SL01 WELL THAT PUMPS DIRECTLY TODISTRIBUTION LACKS A MEANS TORELEASE TRAPPED AIR MIN Well pumps to distribution and to tank through distribution. There is no means to remove trapped air (no air/vac valve or pump to waste) 09/09/2021 0 5 SIGNIFICANT DEFICIENCY VIOLATIONS Total Pts: 300 ID Violation Code Deficiency Determined Points Effective ST001 45 FAILURE ADDRESS DEFICIENCY (GWR) V012 END OF STORAGE TANK OVERFLOW PIPE LACKS NO. 4 SCREEN 11/01/2022 50 ST001 45 FAILURE ADDRESS DEFICIENCY (GWR) V009 STORAGE TANK LID LACKS A FUNCTIONING GASKET BETWEEN THE LID AND FRAME 11/01/2022 50 WS001 45 FAILURE ADDRESS DEFICIENCY (GWR) SP06 NEW WATER SOURCE LACKS APPROVED PER 08/31/2021 50 WS001 45 FAILURE ADDRESS DEFICIENCY (GWR) S001 UNAPPROVED SOURCE IN SERVICE 01/25/2022 50 DS001 45 FAILURE ADDRESS DEFICIENCY (GWR) C001 SYSTEM DIRECT RESPONSIBLE CHARGE OPERATORS NOT CERTIFIED AT THE REQUIRED LEVEL 01/25/2022 50 45 FAILURE ADDRESS DEFICIENCY (GWR) G001 UNAPPROVED FACILITY IN SERVICE 01/25/2022 50 LEAD COPPER MONITORING AND QUALITY VIOLATIONS Total Pts: 25 Violation No.Period Code Description/Name Points Effective 2022-43 01/01/2022 - 06/30/2022 52 FOLLOW-UP OR ROUTINE TAP M/R (LCR)25 CHEMICAL MONITORING RULE VIOLATIONS Total Pts: 200 Facility Violation No Period Code Violation Type Analyte Group Determined Seasonality Points Effective WS001 2022- 5381 01/01/2021 - 03/31/2021 03 MONITORING, ROUTINE MAJOR RAD1 11/17/2021 P 25 WS001 2022- 5406 10/01/2021 - 12/31/2021 03 MONITORING, ROUTINE MAJOR RAD1 02/09/2022 P 25 WS001 2022- 5418 01/01/2022 - 03/31/2022 03 MONITORING, ROUTINE MAJOR RRAD 05/05/2022 P 25 WS001 2022- 5395 07/01/2021 - 09/30/2021 03 MONITORING, ROUTINE MAJOR RAD1 02/07/2022 P 25 WS001 2022- 5411 01/01/2021 - 12/31/2021 03 MONITORING, ROUTINE MAJOR CVOC 02/22/2022 P 25 WS001 2022-17 01/01/2021 - 12/31/2021 03 MONITORING, ROUTINE MAJOR NITRATE 02/22/2022 P 50 WS001 2022- 5421 04/01/2022 - 06/30/2022 03 MONITORING, ROUTINE MAJOR RAD1 09/07/2022 P 25 TREATMENT VIOLATIONS Total Pts: 0 Facility Violation No Period Code Violation Type Analyte Group Determined Points Effective MICROBIAL RULE VIOLATIONS Date Range Start: 10/01/2021 Total Pts: 75 Determine Date Compliance Period Code Violation Type Return To Compliance Points Effective 12/22/2021 10/01/2021 - 10/31/2021 3A MONITORING, ROUTINE, MAJOR (RTCR)N 25 01/14/2022 11/01/2021 - 11/30/2021 3A MONITORING, ROUTINE, MAJOR (RTCR)N 25 10/31/2022 07/01/2022 - 07/31/2022 3A MONITORING, ROUTINE, MAJOR (RTCR)N 25 OPERATOR CERTIFICATION Type Level Required Highest Certificate Distribution Small System Treatment CONSUMER CONFIDENCE REPORT Total Effective Points: 0 Violation No.Period Code Description/Name Points Effective PUBLIC NOTIFICATION VIOLATIONS Total Pts: 0 Violation No.Date Code Description/Name Points Effective IPS COMPLIANCE SCHEDULES Type Required Activities Severity Created Due Revised Total Coliform Rule LVL1 TTT TC+/EC- WO RPTS 08/01/2022 08/31/2022 CCR SCHEDULES Submit CCR Certification Letter 01/01/2022 10/01/2022 CCR SCHEDULES Submit Consumer Confidence Report 01/01/2022 07/01/2022 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 09/01/2022 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 10/01/2022 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 09/20/2021 09/01/2022 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 12/03/2020 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 12/03/2020 06/28/2023 BCA COMPLIANCE SCHEDULES GWR CORRECT DEFICIENCY 120 DAYS SIG 12/03/2020 06/28/2023 OPERATOR CERTIFICATION SYSTEM DIRECT RESPONSIBLE CHARGE OPERATORS NOT CERTIFIED AT THE REQUIRED LEVEL SIG 12/03/2020 06/28/2023 Revised Total Coliform Rule SAMPLING SITE PLAN SUBMITTAL 12/03/2020 01/31/2021 IPS COMPLIANCE SCHEDULES Type Required Activities Severity Created Due BCA COMPLIANCE SCHEDULES NOTIFY THE DIVISION 12/03/2020 06/28/2023