DDW-2025-002949

January 27, 2025
Francis City ATTN: Suzanne Gillett
2317 South Spring Hollow Road
Francis, Utah, 84036
Subject: Compliance Agreement / Enforcement Order Francis Town Water System UTAH22004
Dear Suzanne Gillett:
We are writing to provide you with a copy of the Compliance Agreement/Enforcement Order (CA/EO) that addresses the drinking water compliance issues currently affecting the Francis Town
Water System (System).
The CA/EO includes milestones that the System must meet to comply with the applicable regulations. It also references stipulated penalties that will be assessed if the System does not meet the requirements and/or the deadlines.
Please carefully review the CA/EO, sign it, and return it to the Director within 30 days of receiving this letter. Once the document is fully executed, a copy will be returned for your records. Failure to return a signed copy within 30 days of this letter may result in an administrative order issued by the director to ensure progress toward compliance.
I encourage you to continue to work closely with our Division staff. Your primary contact is Colt Smith at [e-mail] or [phone].
Sincerely,
Nathan Lunstad, Ph.D., P.E. Director
Division of Drinking Water
cc: Kim Shelley, Utah Department of Environmental Quality, [e-mail] Nathan Brooks, Summit County Health Department, [e-mail] Luke Thomas, Francis City, [e-mail] Julie Cobleigh, Utah Division of Drinking Water, [e-mail] Dani Zebelean, Utah Division of Drinking Water, [e-mail] Bret Randall, Utah Attorney General’s Office. [e-mail] Christopher Brown, Environmental Protection Agency-Region 8, [e-mail] EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Francis City Public Water System

COMPLIANCE AGREEMENT /
ENFORCEMENT ORDER

Docket No. UTAH22004-2024-01

This COMPLIANCE AGREEMENT / ENFORCEMENT ORDER (“CA/EO”) has been
issued by the Director of the Utah Division of Drinking Water (“Director”), under the Director’s
legal authorities described below. This CA/EO has been agreed to by Francis City, a Utah
municipality, in its capacity 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 less
stringent than the federal public drinking water program (“Primacy”).
2. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah Code
§ 19-4-101 (the “Act”), 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. Utah
Code § 19-4-104(1)(c)(vi) charges the Board to “meet the requirements of federal law
related or pertaining to drinking water.” The Board has promulgated the Utah Public
Drinking 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. See 45
Fed. Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPA
Administrator has reviewed, and continues to review annually, the Utah public drinking
water 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 Water Rules,
UAC R309-110-4.
6. UAC R309-100-7 directs the Director to “assign a rating to each public water supply in
order to provide a concise indication of its condition and performance” in accordance with
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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 rating
system, each public water system is assigned a rating “to characterize the water system’s
compliance 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 points
assessed 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 for
assigning 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
water systems, 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 “Not
Approved” 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 “Corrective
Action” 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 the
Board 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 rule of
the Board, 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 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 a civil penalty of up to $5,000 per day of violation.
FINDINGS
The Director makes the following Findings for purposes of this CA/EO:
15. There exists approximately one mile south of Kamas and approximately ten miles
north-northeast of Heber City in Summit County, Utah, a drinking water system, known as
the Francis Town (the “System”) that serves a population of approximately 1,565 full-time
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residents. The System generally includes four active storage tanks totaling approximately
1,460,000 gallons of total storage, one active groundwater well, an active consecutive
connection to the Utah public water system Woodland Hills (UTAH22088), and an
independent distribution system serving approximately 570 residential connections and
fifteen commercial connections.
16. The Supplier (defined above) is the owner and/or operator of the System and is therefore
legally responsible for the System and for compliance with applicable laws, rules, and
regulations.
17. The system is a public drinking water system that is part of the Utah Safe Drinking Water
Act and the Utah Public Drinking Water Rules.
18. The System qualifies as a community under the Utah Public Drinking Water Rules. The
maximum number of IPS points allowed for this type of system is 150.
19. The Master IPS Report attached hereto as Exhibit A describes several violations and
deficiencies associated with the System, which form the basis of this CA/EO (the
“Violations and Deficiencies”). Supplier agrees and stipulates that the information
contained in the attached IPS Report is true and correct as of the date shown on the Master
IPS Report.
ORDER
Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing, IT IS
HEREBY ORDERED as follows:
20. Attached hereto as the Enforcement Order Schedule – UTAH22004 (“Enforcement Order
Schedule”) listing the violations and deficiencies associated with the System as well as a
description of specific corrective actions and other measures that are required for the
System to comply with the Safe Drinking Water Act and the Board’s rules, including the
dates by which such corrective actions and other measures shall be completed. The
Supplier is hereby ordered to complete all corrective actions and other measures described
in the Enforcement Order Schedule, to the satisfaction of the Director, on or before the due
dates identified in the Enforcement Order Schedule.
21. The Supplier agrees to collect all samples required by the Safe Drinking Water Act and the
Board’s rules and to report the sample results to the Director within the timeframe
mandated by rule.
GENERAL PROVISIONS
22. Based on this CA/EO, the Director hereby rates the System as “Corrective Action” status.
The “Corrective Action” rating is conditioned upon Supplier’s adherence to the
requirements of this CA/EO, the Act, and the Public Drinking Water Rules. The Director
may re-rate the System as “Not Approved” at any time based on any violation of this
CA/EO, the Act, or the Public Drinking Water Rules.
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23. Upon satisfactory compliance with the requirements in the Enforcement Order Schedule,
the Director shall issue a subsequent administrative order closing out this CA/EO and
rating the System as “Approved” in accordance with UAC R309-100-7 and R309-400.
Pursuant to such subsequent order, the Director may also take other appropriate actions or
impose appropriate conditions, based on the facts presented.
24. The Supplier hereby stipulates and agrees to pay, within 30 days of demand by the
Director, administrative penalties in the following amounts arising from any and all
violations of this CA/EO, on a per-day, per-violation basis:
Penalty Per Violation Per Day Period of Noncompliance
$ 250 1st through 14th day
$ 500 15th through 30th day
$1,000 31st day and beyond

25. In the event of any violation of this CA/EO with criminal negligence, within the meaning
of Utah Code § 19-4-109(7)(b), the Director reserves the right, in the Director’s sole
discretion, to seek the imposition of fines and civil penalties under that section in addition
to stipulated administrative penalties under this CA/EO.
26. Nothing in this CA/EO shall be construed as prohibiting, altering, or in any way limiting
the ability of the Director to seek injunctive relief pursuant to Utah Code § 19-4-107(2)
arising from violations of this CA/EO, the Act, or the Utah Public Drinking Water Rules.
27. This CA/EO does not in any way relieve the Supplier from any other obligation imposed
under the Act or any other state, federal, or local law, rule, or regulation. The Director
reserves, the this CA/EO is without prejudice to, all rights against the Supplier that the
Director may have pertaining to matters not addressed in this CA/EO, including: (a)
violations of this CA/EO; (b) future violations of the Act or the Utah Public Drinking
Water Rules; and (c) criminal liability.
28. The Director has the jurisdiction and authority to make the findings set forth in this
CA/EO and to otherwise enforce the terms of this CA/EO.

29. The date of issuance shall be the date that this CA/EO is executed by the Director.

30. As of the date of issuance, this CA/EO shall constitute a final administrative order under
the Act and shall operate as a final adjudication upon the merits of the matters addressed
herein. In the Director’s sole discretion, violations of this CA/EO may result in the
commencement of an action for civil enforcement in state district court, by the attorney
general, as provided in Utah Code Section 19-4-107. Such actions may seek injunctive or
other relief, including the imposition and collection of civil penalties as allowed by law.
The Supplier agrees that in any enforcement action, it shall not contest the finality or
validity of this CA/EO or the Director’s authority to enter it as a final administrative order
under the Act.

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31. The dates set forth in the Enforcement Order Schedule may be extended in writing by the
Director, in the Director’s sole discretion, based on the Supplier’s showing of good cause.
Good cause for an extension generally means events outside of the reasonable control of
the Supplier, such as force majeure, inclement weather, contractor or supplier delays, and
similar circumstances. However, the Director expects the Supplier to employ reasonable
means to limit foreseeable causes of delay. The timeliness of the Supplier’s request for an
extension shall constitute an important factor in the Director’s evaluation.

32. In partial or full satisfaction of the Enforcement Order Schedule, the Supplier may (a)
obtain a variance or exception as allowed by the Act and the Public Drinking Water Rules;
or (b) propose to the Director an alternate method for compliance with the Act and the
Public Drinking Water Rules. No such alternate means of compliance with the
Enforcement Order Schedule shall be accepted unless approved by the Director in writing.

33. The person signing this CA/EO on behalf of the Supplier hereby represents to the Director
that he or she has the full legal authorization to do so and agrees that the Director may rely
on this representation.

COMPLIANCE NOTICE

Compliance with the provisions of this CA/EO is mandatory. All violations of the Utah Safe
Drinking Water Act, the Drinking Water Rules, and this CA/EO shall be strictly enforced during
the time that this CA/EO remains in effect.

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

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

DATE:

FRANCIS CITY

By:

Name:

Title:

DATE:

7
Luke Thomas (Feb 26, 2025 09:43 MST)
Luke Thomas
02/26/2025
Public Works Director
a/ha) Lu)s/a (Feb 26, 2025 р2:39 MST)
02/26/2025

Enforcement Order Schedule UTAH22004

System Name: Francis Town
System Number: UTAH22004
Administrative Contact: Luke Thomas
Email: [e-mail]
Phone Number: 435-300-6186

Corrective Action Requirements and Due Dates

Date of Issuance:__________________________

Distribution System, DS001
Item #1 Code Facility Deficiency Rule Citation
S094 DS001 System Lacks More Than 20% Of
Required Source Capacity
R309-510-7(1)
Corrective Action Completion Due Date
Submit documentation showing the system has adequate
storage.
Within 365 days of the Date of
Issuance of this Order.

Stewart Ranches Well WS005
Item #2 Code Facility Deficiency Rule Citation
S001 WS005 Unapproved Source In Service R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Corrective Action Completion Due Date
Submit documentation showing a permanent operating permit
before the source is activated.
Thirty days before source activation.

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

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

DATE:

8
Nathan Lunstad (Feb 26, 2025 12:39 MST)
02/26/2025
02/26/2025

FRANCIS CITY

By:_______________________________________

Name:_____________________________________

Title:______________________________________

Date:______________________________________

9
Luke Thomas (Feb 26, 2025 09:43 MST)
02/26/2025
Public Works Director
Luke Thomas