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HomeMy WebLinkAboutDDW-2025-003952 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) 536-4284 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 April 17, 2025 Castle Valley, Inc. dba Daystar Adventist Academy at Castle Valley Farms ℅ Randy Ward HC 64 Box 2201 Moab, Utah 84532 Subject: Compliance Agreement / Enforcement Order-Stipulated Order to Disinfect Day Star Adventist Academy UTAH10012 Dear Randy Ward: 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 Day Star Adventist Academy (System). In addition to the compliance milestones and stipulated penalties outlined in the CA/EO, this order requires you to install secondary disinfection. This disinfection requirement may be temporary if the existing water source can be remediated to the Director’s satisfaction. The need for secondary disinfection is due to ongoing detections of total coliform bacteria, which indicate possible contamination pathways and the condition of your system’s sole source Artesian Well (WS001), outlined in the findings section of this order. While total coliform bacteria are not always harmful, their presence suggests potential contamination from more dangerous pathogens that pose a risk to public health. Furthermore, this order formalizes the ongoing boil order issued on October 27, 2022. The System is required to maintain the boil order until the director provides written notification confirming that it may be lifted. As part of this requirement, you must provide public notice to your customers and update the Division of Drinking Water in accordance with Utah Administrative Code R309-220 (Public Notice Rule) and R309-105-18. All public notices must follow the attached public notice template format. Please carefully review the enclosed 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. Day Star Adventist Academy Page 2 of 16 April 17, 2025 Failure to return a signed copy within 30 days 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 acsmith@utah.gov or (385) 515-1529. Sincerely, Nathan Lunstad, Ph.D., P.E. Director Division of Drinking Water Enclosures: Day Star Adventist Academy Master IPS Report Day Star Adventist Boil Order Template October 15, 2024, RTCR Level 2 Assessment-Day Star Adventist Academy Secondary Disinfection Requirements Stipulated Order to Disinfect (SOTD) Response Plan Day Star Adventist Enforcement Order Schedule cc: Tim Davis, Utah Department of Environmental Quality, tim.davis@utah.gov Curtis Page, P.E., Utah Department of Environmental Quality, cmpage@utah.gov Ty Leydig, Rural Community Assistance Corporation, tleydig@rcac.org Matthew Kennedy, Rural Community Assistance Corporation, mkennedy@rcac.org Castle Valley Inc., Registered Agent, HC 64 Box 2201, Castle Valley, Utah, 84532 Orion Rogers, Southeast Utah Health Department, orogers@utah.gov Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov Christopher Brown, EPA Region 8, brown.christopher.t@epa.gov EQDWMonitoring, EQDWVSA, EQDWCOA, and EQDWFS Day Star Adventist Academy Page 3 of 16 April 17, 2025 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER In the Matter of: Day Star Adventist Academy Public Water System COMPLIANCE AGREEMENT / ENFORCEMENT ORDER Docket No. UTAH10012-2025-01 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 Castle Valley, Inc., dba Daystar Adventist Academy at Castle Valley Farms, a Utah non-profit corporation, 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. Day Star Adventist Academy Page 4 of 16 April 17, 2025 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 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: Day Star Adventist Academy Page 5 of 16 April 17, 2025 15. There exists at 320 East Castleton Road, Castle Valley in Grand County Utah a drinking water system, known as the Day Star Adventist Academy (the “System”) that serves a population of approximately 35 persons. The System generally includes a single groundwater well, hydropneumatic tanks, and an independent distribution system serving approximately fifteen residential 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 within the meaning 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. 20. On October 21, 2022, the Supplier was notified that a routine water sample collected on October 20, 2022, tested positive for total coliform and negative for E. coli. In response, repeat samples were taken on October 25, 2022, and results received on October 26, 2022, confirmed that one of the three repeat samples was total coliform positive and E. coli negative, while the other two samples tested positive for E. coli. The triggered source sample was total coliform negative. Following these results, the system operator planned to take an additional sample at the storage tank before initiating chlorination and flushing of the system over the weekend and potentially into the following week. a) Due to the confirmed presence of E. coli in the distribution system, the system was placed under an ongoing boil order beginning October 27, 2022. 21. A Level 2 assessment conducted by Utah Division of Drinking Water Environmental Scientist Brian Pattee on October 15, 2024, was initiated due to multiple Level 1 and Level 2 assessments starting in 2021 through 2024. The assessments were prompted by a series of compliance issues, including repeated Total Coliform-positive (TC+) and E. coli-negative (EC-) routine, repeat, and triggered samples, as well as the failure to collect required routine, repeat, and triggered source samples. During the site visit, the following observations were made: a) Artesian Well (WS001): Based on Pattee’s training and experience, and in consultation with the Department of Environmental Quality District Engineer Curtis Page, Division of Drinking Water Assistant Director Russell Seeley, and Division of Drinking Water Permitting Section Manager Michael Newberry, it was determined the well’s sanitary seal is compromised. The concrete around the wellhead was Day Star Adventist Academy Page 6 of 16 April 17, 2025 missing, and water was observed flowing up from around the well casing when the pump was not running. When the pump was activated, the water subsided back into the area surrounding the wellhead, indicating potential vulnerabilities to the well’s integrity. b) Hydropneumatic Tank (HD001): The 2,500-gallon steel hydropneumatic tank had not been cleaned or disinfected for an extended period, raising concerns about potential contamination and system maintenance deficiencies. c) Boil Order: The system was under a boil order due to the high number of Total Coliform-positive (TC+) bacteriological samples, further highlighting the need for corrective action. 22. The deficiencies observed in Artesian Well WS001 compromise public health by creating pathways for contaminants to enter the drinking water supply. A compromised sanitary seal and missing concrete around the wellhead can allow surface water, debris, and bacteria to infiltrate the system, increasing the risk of contamination. The presence of water flowing around the well casing when the pump is off, then subsiding when the pump runs, suggests possible breaches in the well’s integrity, which can introduce harmful microorganisms into the drinking water, posing a significant risk to consumers. 23. Total coliform bacteria naturally occur in soil, vegetation, and surface water. While not all coliforms are harmful, their presence in drinking water indicates potential contamination and an increased risk of pathogenic bacteria, such as E. coli. Consuming water contaminated with this bacteria can cause gastrointestinal illnesses, including diarrhea, nausea, vomiting, and stomach cramps. Infants, young children, the elderly, and individuals with weakened immune systems are most at risk for severe health effects. 24. These findings emphasize the necessity of immediate corrective measures to address the deficiencies identified during the assessment. ORDER Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing, IT IS HEREBY ORDERED as follows: 25. Attached hereto as the Enforcement Order Schedule – UTAH10012 (“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. Day Star Adventist Academy Page 7 of 16 April 17, 2025 26. Within 60 days after the issuance of this Order, the Supplier shall provide the Division of Drinking Water with a schedule for the System to address the flooding around Artesian Well (WS001) and the significant deficiencies associated with the flooding listed in the attached Enforcement Order Schedule and Master Improvement Priority System Report. The plan shall include proposed modifications to the System, estimated costs of modifications, a proposed plan, and a schedule for project completion. The plan shall also include specific milestone dates and a final compliance date. The Director and Supplier anticipate and agree that this Order may be amended by updating and replacing the Enforcement Order Schedule without needing to amend the Order itself further. If the Director issues a new Enforcement Order Schedule, with the Supplier’s consent, the new schedule shall supersede and replace all previous schedules. The Order itself shall remain in full force and effect. 27. Within 60 days after the issuance of this Order, the Supplier shall provide the Division of Drinking Water with a schedule for the System to address the requirements for secondary disinfection at WS001. The plan shall include proposed modifications to the System, estimated costs of modifications, a proposed plan, and schedule for project completion. The plan shall also include specific milestone dates and a final compliance date (to be within six months from the date of DDW approval of the plan). The Director and Supplier anticipate and agree that this Order may be amended by updating and replacing the Enforcement Order Schedule without need to amend the Order itself further. If the Director issues a new Enforcement Order Schedule, with the Supplier’s consent, the new schedule shall supersede and replace all previous schedules. The Order itself shall remain in full force and effect. Secondary Disinfection Requirements 28. The Supplier agrees to maintain the existing boil order until the Director provides written notification that it has been lifted. The Supplier shall provide the required public notice to all system customers and ensure ongoing updates to the Division of Drinking Water in compliance with the Public Notice Rule, as outlined in Utah Administrative Code R309- 220. All public notices must adhere to the requirements specified in R309-105-18 and follow the format provided in the attached public notice template. 29. The Supplier agrees to install and operate temporary secondary disinfection as required in paragraphs 27 until the Director provides written notification that the necessary modifications or corrections to the system’s drinking water source (Artesian Well, WS001) have been completed and disinfection is no longer required to protect public health. Modifications may include repairing the existing well or replacing it with an alternative approved drinking water source. All modifications and new sources must receive prior approval from the Director, comply with the Division of Drinking Water’s plan approval process, and obtain all required operating permits before being placed into service. 30. To meet secondary disinfection requirements, the Supplier agrees to continuously maintain a minimum of 0.2 mg/L free chlorine residual at the Point of Entry(ies) (POE) into the distribution system and demonstrate a detectable chlorine residual in the entire distribution system. Day Star Adventist Academy Page 8 of 16 April 17, 2025 31. Chlorine Residual ‒ Point of Entry(ies) (POE) to Distribution System (EP001) a. The POE sampling location will be identified as EP001 in the Division’s database.The specific location will need to be identified and provided to the Division during the plan approval process. b. Maintain a minimum of 0.2 mg/L residual (measured as free chlorine) at the POE sampling location UAC R309-215-16(3)(b)(iii)(A)(I) and (II). c. The chlorine residual concentration measured at the POE sampling location shall not exceed the Maximum Residual Disinfectant Level (MRDL) of 4.0 mg/L (measured as free chlorine). [R309-200-5(3)(c)(iv)] d. Record and report the lowest daily chlorine residual concentration, measured as free chlorine, at the chlorinator POE sampling location (EP001) a minimum of daily. [R309-210- 8(3)(a)(ii)] 32. Chlorine Residual ‒ Distribution System (DS001) a. This water system must maintain a detectable residual throughout the entire distribution system. Maintaining the chlorine residual above 0.1 ppm in the distribution system is recommended. [R309-520-5] b. The chlorine residual measured in the distribution system shall not exceed the maximum residual disinfectant level (MRDL) of 4.0 mg/L (measured as free chlorine). [R309-200-5(3)(c)(iv)] c. Take a minimum of three (3) chlorine residual samples per week at varying locations throughout its distribution system. [R309-105-10(1)(c)] d. Distribution system chlorine residuals must be taken in conjunction with total coliform sampling. [R309-215-10(3)] 33. The Supplier must notify the Division by telephone at (801) 560-8456 within eight hours of the malfunction of any disinfection facility such that a detectable residual cannot be maintained at all points in the distribution system per R309-105-18(1)(a). Bacteriological Source Assessment Sampling Requirements 34. Based on the determination that the System must treat its Distribution System (DS001) to secondary disinfection standards, the Supplier agrees to the following monitoring requirements: a) Bacteriological Source Sampling Day Star Adventist Academy Page 9 of 16 April 17, 2025 a) This system is subject to take monthly Escherichia coli (E. coli) samples at Artesian Well (WS001) (assessment monitoring) during the operating period and shall continue for a minimum of 18 months. This schedule will begin June 2025. b) This sample is in addition to the routine monthly distribution system sample(s) (DS001). Please label the source sample as WS001 (for both the facility ID and sample point ID) on all laboratory forms. c) Please contact Sitara Federico for any positive samples that may occur at the source at 385-515-1459 or sfederico@utah.gov. If any sample result comes back as E. coli positive, the Supplier agrees to contact the Division within 24 hours of being notified of the result. 35. 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. 36. The Supplier agrees to send all reporting and notifications required by this Order in writing to: Utah Division of Drinking Water P.O. Box 144830 Salt Lake City, Utah 84114-4830 Email: eqdwvsa@utah.gov GENERAL PROVISIONS 37. 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. 38. 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. Day Star Adventist Academy Page 10 of 16 April 17, 2025 39. 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 40. 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. 41. 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. 42. 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. 43. 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. 44. The date of issuance shall be the date that this CA/EO is executed by the Director. 45. 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. 46. 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. Day Star Adventist Academy Page 11 of 16 April 17, 2025 47. This CA/EO is intended to satisfy the Director’s legal obligations under Utah Code Section 19-4-107(1) (“Upon discovery of any violation of this chapter 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 or the filing of a request for variance or exemption by a specific date.”). Failure to comply with the requirements of this CA/EO may result in legal enforcement action in district court for injunctive or other relief. See Utah Code Section 19-4-107(2) (“The attorney general shall, upon request of the director, commence an action for an injunction or other relief relative to the order.”). 48. 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. 49. 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. Day Star Adventist Academy Page 12 of 16 April 17, 2025 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, Division of Drinking Water DATE:_______________________ CASTLE VALLEY, INC. By: ________________________ Name: ________________________ Title: ________________________ DATE: ________________________ Randall Ward (Apr 20, 2025 13:46 MDT) Randall Ward Randall Ward President 04/20/2025 a/#an 0n./ad (Apr 21, 2025 14:21 MDT) 04/21/2025 Day Star Adventist Academy Page 13 of 16 April 17, 2025 Enforcement Order Schedule UTAH10012 System Name: Day Star Adventist Academy System Number: UTAH10012 Administrative Contact: Randy Ward Email: randy@cva.school Phone Number: 805-801-1687 Corrective Action Requirements and Due Dates Date of Issuance:_____________ Distribution System, DS001 Item #1 Code Facility Deficiency Rule Citation S001 DS001 Install Secondary Disinfection R309-215-13(2), R309- 515-6(5), R309-515-7(4), R309-500-9(2) and (3) Corrective Action Completion Due Date Submit the plan as required in paragraph 27. Within 60 days of the Date of Issuance of this Order. Item #2 Code Facility Deficiency Rule Citation M017 DS001 Water Stagnation, Biofilm Or Sediments Contribute to Drinking Water Contamination R309-200-6, R309-105-18, R309-215-4(3) Corrective Action Completion Due Date Submit the plan as required in paragraph 26. Within 60 days of the Date of Issuance of this Order. Artesian Well, WS001 Item #3 Code Facility Deficiency Rule Citation S013 WS001 Well Lacks The Required Well Seal R309-515-6(6)(i) Corrective Action Completion Due Date Submit the plan as required in paragraph 26. Within 60 days of the Date of Issuance of this Order. Item #4 Code Facility Deficiency Rule Citation SP04 WS001 Active Source lacks approved updates to the DWSP Plan R309-600-7(2)(e) 04/21/2025 Day Star Adventist Academy Page 14 of 16 April 17, 2025 Corrective Action Completion Due Date Submit an updated Drinking Water Source Protection Plan. Within 60 days of the Date of Issuance of this Order. Item #5 Code Facility Deficiency Rule Citation S020 WS001 Well Head Or Well House Not Protected From Flooding R309-515-6(6)(b)(vi), R309- 515-6(12)(d)(iii), R309-515- 6(13)(a) to (d) Corrective Action Completion Due Date Submit the plan as required in paragraph 26. Within 60 days of the Date of Issuance of this Order. Item #6 Code Facility Violation Rule Citation 03 WS001 Monitoring, Routine Major R309-205-5(4) Violation Number Period Analyte 2025-4032972 January 1, 2024- December 31, 2024 Nitrate Corrective Action Completion Due Date Collect a compliant nitrate sample and submit the results to the Director. Within 30 days of the Date of Issuance of this Order. Item #7 Code Facility Violation Rule Citation 3A DS001 Monitoring, Routine Major R309-210-8 Violation Number Period Analyte 2024-4032968 April 1, 2024-April 30, 2024 Total Coliform (RTCR) Corrective Action Completion Due Date Collect all required samples required by the Revised Total Coliform Rule (RTCR) Duration of this order Item #8 Code Facility Violation Rule Citation 3A DS001 Monitoring, Routine Major R309-210-8 Violation Number Period Analyte 2024-4032969 May 1, 2024-May 31, 2024 Total Coliform (RTCR) Corrective Action Completion Due Date Day Star Adventist Academy Page 15 of 16 April 17, 2025 Collect all required samples required by the Revised Total Coliform Rule (RTCR) Duration of this order Item #9 Code Facility Violation Rule Citation 3A DS001 Monitoring, Routine Major R309-210-8 Violation Number Period Analyte 2024-4032973 December 1, 2024- December 31, 2024 Total Coliform (RTCR) Corrective Action Completion Due Date Collect all required samples required by the Revised Total Coliform Rule (RTCR) Duration of this order Item #10 Code Facility Violation Rule Citation 34 WS001 Monitor GWR Triggered/Additional, Major R309-215-15 Violation Number Period Analyte 2024-4032970 July 10, 2024- July 24, 2024 Total Coliform Corrective Action Completion Due Date Collect a triggered source total coliform sample from Artesian Well WS001, as required by the Groundwater Rule (GWR), and submit the results to the Director. Within 60 days of the Date of Issuance of this Order. Item #11 Code Facility Violation Rule Citation 34 WS001 Monitor GWR Triggered/Additional, Major R309-215-15 Violation Number Period Analyte 2025-4032977 February 10, 2025 -February 24, 2025 Total Coliform Corrective Action Completion Due Date Collect a triggered source total coliform sample from Artesian Well WS001, as required by the Groundwater Rule (GWR), and submit the results to the Director. Within 60 days of the Date of Issuance of this Order. Day Star Adventist Academy Page 16 of 16 April 17, 2025 IT IS SO ORDERED AND AGREED. DIVISION OF DRINKING WATER By:____________________________ Nathan Lunstad, Ph.D., P.E. Director, Division of Drinking Water DATE:_________________________ CASTLE VALLEY, INC. By:____________________________ Name:__________________________ Title:___________________________ DATE:_________________________ Randall Ward (Apr 20, 2025 13:46 MDT) Randall Ward Randall Ward President 04/20/2025 a/#an 0n./ad (Apr 21, 2025 14:21 MDT) 04/21/2025 Utah Department Of Environmental Quality Division Of Drinking Water Admin Contacts Inventory Report Service Connections Storage Sources Site Visit History DAY STAR ADVENTIST ACADEMY PWS ID: UTAH10012 Rating: Approved 12/13/2016 Active Legal Contact DAY STAR ADVENTIST ACADEMY RANDY WARD HC 64 BOX 2201 MOAB, UT 84532 Phone: 805-801-1687 County: GRAND COUNTY System Type: Community Population: 35 Site Updates Last Inventory Update: 01/27/2023 Last Surveyor Update: 01/18/2023 Surveyor: RUSSELL SEELEY Operating Period: 1/1 - 12/31 Last IPS Update: 04/18/2025 07:10:00 Consumptive Use Zone Irrigation Zone: null Date: Name Title Office Emergency Email WARD, RANDY 805-801-1687 randy@cva.school Type Meter Type Meter Size # Of Connections Residential Unmetered 0.000 15 Total Service Connections: 15 ID Name Type Effective Volume Material Status Status Reason ST001 NOT A STORAGE TANK Standpipe 2,500 GAL Steel Inactive Abandoned HD001 PSI TANK Hydropneu matic Active Total Effective Volume: 0 null ID Source Name OP Date Status Reason Source Type Water Type Period Of Op WS001 ARTESIAN WELL Active Well Groundwater 1/1 - 12/31 Flow Flow Rate UOM PUMP 30 GPM Date Visited Survey Type Surveyor Notified Date Next Inspection 06/17/2002 Sanitary Survey, Finished SURVEYOR, DDW DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 1 of 7 06/28/2011 Sanitary Survey, Finished KEERS, PETER T 07/28/2011 09/30/2014 11/03/2014 Sanitary Survey, Finished BRADFORD, BRADON 11/03/2014 09/25/2017 Sanitary Survey, Finished JENSEN, KIRT 12/01/2017 09/02/2020 Compliance Assessment 09/02/2020 09/17/2020 Sanitary Survey, Finished PETERSON, LEE RICHARD 10/05/2020 06/29/2021 Level 2 Assessment PATTEE, BRIAN H 07/29/2021 01/18/2023 Level 2 / Sanitary Survey SEELEY, RUSSELL 01/25/2023 09/25/2023 Wellhead Protection Program 09/25/2023 10/02/2024 Level 2 Assessment PATTEE, BRIAN H 12/12/2024 04/10/2025 Source Water Inspection 04/10/2025 DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 2 of 7 Bacterial Summary Report Routine Bacteriological Sampling Requirements Total Coliform Sample History 03/01/2024 - 04/30/2025 Sample Reuired Schedule Begin Schedule End Operation Begin Operation End 1/Monthly/Routine 02/01/2009 1/1 12/31 1/Monthly/Routine 01/01/1991 1/1 12/31 Routine Sampling Repeat Sampling Triggered Sampling Assessment Sampling Month #Sample s TC+Ecoli+#Sample s TC+Ecoli + #Sample s TC+Ecoli + #Sample s TC+Ecoli + Mar-24 1 1 0 0 0 0 0 0 0 0 0 0 Apr-24 0 0 0 3 3 0 1 1 0 0 0 0 May-24 0 0 0 0 0 0 0 0 0 0 0 0 Jun-24 1 0 0 0 0 0 0 0 0 0 0 0 Jul-24 1 1 0 0 0 0 0 0 0 0 0 0 Aug-24 1 0 0 0 0 0 0 0 0 0 0 0 Sep-24 1 0 0 0 0 0 0 0 0 0 0 0 Oct-24 1 0 0 0 0 0 0 0 0 0 0 0 Nov-24 1 0 0 0 0 0 0 0 0 0 0 0 Dec-24 0 0 0 0 0 0 0 0 0 0 0 0 Jan-25 1 0 0 0 0 0 0 0 0 0 0 0 Feb-25 1 1 0 0 0 0 0 0 0 0 0 0 Mar-25 1 1 0 0 0 0 0 0 0 0 0 0 Apr-25 0 0 0 0 0 0 0 0 0 0 0 0 DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 3 of 7 Water Monitoring Report BACTERIOLOGICAL MONITORING Other Distribution Monitoring MONITORING REQUIREMENTS BY FACILITY Sample Count Type Frequency Schedule Begin Schedule End Analyte Name 1 Routine Monthly 02/01/2009 COLIFORM (TCR) 1 Routine Monthly 01/01/1991 COLIFORM (TCR) Analyte Name ID Sample Count Type Frequency Last Sampled Next Sample Due LEAD AND COPPER DS001 5 Routine 3 Years 2024 06/01/2027-09/30/2027 ID NAME WS001 ARTESIAN WELL Name Sample Count Type Frequency Last Sampled Next Sample Due INORGANICS-COMPL 1 Routine 3 Years 04/25/2023 01/01/2026 - 12/31/2028 NITRATE 1 Routine Yearly 04/25/2023 01/01/2024 - 12/31/2024 PESTICIDES-COMPL 1 Routine 3 Years 04/25/2023 01/01/2026 - 12/31/2028 RADS - COMPLIANCE 1 Routine 6 Years 04/25/2023 01/01/2029 - 12/31/2034 SULFATE,SODIUM,TDS 1 Routine 3 Years 04/25/2023 01/01/2026 - 12/31/2028 VOC-COMPL 1 Routine 3 Years 04/25/2023 01/01/2026 - 12/31/2028 Open Compliance Schedule Type Required Activities Severity Created Due TEMPORARY EXCEPTION GWR CORRECT DEFICIENCY 120 DAYS SIG 10/05/2020 08/31/2027 Lead Consumer Notice SUBMIT LCN CERTIFICATE 01/01/2021 03/31/2022 Lead Consumer Notice SUBMIT LCN CERTIFICATE 06/01/2021 12/29/2021 Lead Consumer Notice SUBMIT LCN CERTIFICATE 06/01/2024 12/29/2024 Physical deficiency schedule WATER STAGNATION, BIOFILM OR SEDIMENTS CONTRIBUTES TO DRINKING WATER CONTAMINATION SIG 12/12/2024 01/11/2025 Physical deficiency schedule WELL LACKS THE REQUIRED WELL SEAL SIG 12/12/2024 01/11/2025 Physical deficiency schedule WELL HEAD OR WELL HOUSE NOT PROTECTED FROM FLOODING SIG 12/12/2024 01/11/2025 SOURCE PROTECTION SOURCE PROTECTION PLAN- SUBMIT MIN 09/25/2023 12/24/2023 CCR SCHEDULES Submit Consumer Confidence Report 01/01/2025 07/01/2025 CCR SCHEDULES Submit CCR Certification Letter 01/01/2025 10/01/2025 ERROR:PFAS SUBMIT PFAS INITIAL MONITORING SAMPLES 04/26/2024 04/26/2027 Physical deficiency schedule UNAPPROVED SOURCE IN SERVICE SIG 04/10/2025 06/09/2025 DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 4 of 7 IPS 2020 Report IPS Report IPS Summary Total IPS Pts: 335 Admin & Physical Facilities Quality & Monitoring Significant Deficiency 160 175 0 DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 5 of 7 Physical Facility Points 2020 Total Pts: 160 Facility Facility Name Status Points Effective DS001 UTAH10012 DISTRIBUTION SYSTEM A 80.0 Code Description Severity Comments Determined Date Not Assessed Assessed M007 CCC-LACKS ON- GOING ENFORCEMENT IMPLEMENTATION MIN COMPLETE AND DOCUMENT OTHER ELEMENTS 06/28/2011 15 M006 CCC-LACKS WRITTEN RECORDS OF CCC ACTIVITIES MIN 11/03/2014 15 V034 SYSTEM LACKS MORE THAN 20% OF REQUIRED STORAGE CAPACITY (FIRE DEMAND NOT INCLUDED) SIG TEMPORARY EXCEPTION RENEWED 7/16/2024. SYSTEM MUST CORRECT DEFICIENCY OR RENEW EXCEPTION BY 8/31/2027. FILE #12677. 09/17/2020 50 0 M017 WATER STAGNATION, BIOFILM OR SEDIMENTS CONTRIBUTES TO DRINKING WATER CONTAMINATION SIG Artesian Well water floods around well head and fluctuates as well pumps on and off 10/02/2024 50 WS001 ARTESIAN WELL A 80.0 Code Description Severity Comments Determined Date Not Assessed Assessed SP04 ACTIVE SOURCE LACKS APPROVED UPDATES TO DWSP PLAN MIN 09/25/2023 5 S013 WELL LACKS THE REQUIRED WELL SEAL SIG Artesian Well water floods around well head and fluctuates as well pumps on and off 10/02/2024 50 S020 WELL HEAD OR WELL HOUSE NOT PROTECTED FROM FLOODING SIG Artesian Well water floods around well head and fluctuates as well pumps on and off 10/02/2024 25 S001 UNAPPROVED SOURCE IN SERVICE SIG SYSTEM MUST INSTALL SECONDARY DISINFECTION. 04/10/2025 200 0 Chemical Monitoring Rule Violations Total Pts: 50 Facility Violation No.Period Violation Type Seasonality Point Effective WS001 2025- 4032972 01/01/2024-12/31/2024 Determined: 01/22/2025 [03] MONITORING, ROUTINE MAJOR Analyte/Group: NITRATE P 50 DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 6 of 7 Microbial Rule Violations Total Pts: 125 Determined Compliance Period Code Violation Type Return To Compliance Point Effective 05/31/2024 04/01/2024 - 04/30/2024 3A MONITORING, ROUTINE, MAJOR (RTCR) N 25 07/11/2024 05/01/2024 - 05/31/2024 3A MONITORING, ROUTINE, MAJOR (RTCR) N 25 09/17/2024 07/10/2024 - 07/24/2024 34 MONITOR GWR TRIGGERED/ADDITONAL, MAJOR N 25 01/31/2025 12/01/2024 - 12/31/2024 3A MONITORING, ROUTINE, MAJOR (RTCR) N 25 03/28/2025 02/10/2025 - 02/24/2025 34 MONITOR GWR TRIGGERED/ADDITONAL, MAJOR N 25 Operator Certification Type Level Required Highest Certificate Distribution Small System Treatment Open Compliance Schedule Type Required Activities Severity Created Due TEMPORARY EXCEPTION GWR CORRECT DEFICIENCY 120 DAYS SIG 10/05/2020 08/31/2027 Lead Consumer Notice SUBMIT LCN CERTIFICATE 01/01/2021 03/31/2022 Lead Consumer Notice SUBMIT LCN CERTIFICATE 06/01/2021 12/29/2021 Lead Consumer Notice SUBMIT LCN CERTIFICATE 06/01/2024 12/29/2024 Physical deficiency schedule WATER STAGNATION, BIOFILM OR SEDIMENTS CONTRIBUTES TO DRINKING WATER CONTAMINATION SIG 12/12/2024 01/11/2025 Physical deficiency schedule WELL LACKS THE REQUIRED WELL SEAL SIG 12/12/2024 01/11/2025 Physical deficiency schedule WELL HEAD OR WELL HOUSE NOT PROTECTED FROM FLOODING SIG 12/12/2024 01/11/2025 SOURCE PROTECTION SOURCE PROTECTION PLAN- SUBMIT MIN 09/25/2023 12/24/2023 CCR SCHEDULES Submit Consumer Confidence Report 01/01/2025 07/01/2025 CCR SCHEDULES Submit CCR Certification Letter 01/01/2025 10/01/2025 ERROR:PFAS SUBMIT PFAS INITIAL MONITORING SAMPLES 04/26/2024 04/26/2027 Physical deficiency schedule UNAPPROVED SOURCE IN SERVICE SIG 04/10/2025 06/09/2025 DEQ | Drinking Water Run Date: 04/18/2025 08:32:57 | Rating: Approved UTAH10012 DAY STAR ADVENTIST ACADEMY page 7 of 7 The following secondary disinfection requirements must be met to ensure proper water quality and safeguard public health.These outline the necessary chlorine levels and monitoring processes for maintaining effective secondary disinfection in your water system. Chlorine Residual Requirements ‒Point of Entry (POE)to Distribution System (EP00X) ●The POE location,designated as EP00X,must be confirmed with the system and identified in the Division's database. ●A minimum chlorine residual of 0.2 mg/L (measured as free chlorine)must be continuously maintained at this POE sampling location per Utah Administrative Code (UAC)R309-215-16(3)(b)(iii)(A)(I)and (II). ●Chlorine concentration at the POE must not exceed the Maximum Residual Disinfectant Level (MRDL) of 4.0 mg/L,as per UAC R309-200-5(3)(c)(iv). ●Daily records of the lowest chlorine residual concentration (as free chlorine)at the POE must be maintained and reported per UAC R309-210-8(3)(a)(ii). Chlorinator Operational Report Requirements ●Water systems must complete monthly operational reports for each active chlorinator. ●The reports will include the POE residual values described above and operational data (e.g.,how much water was treated and chlorine was used).The operational data collected will vary depending on the type of chlorinator (e.g.,gas,liquid,or tablet). ●The operational reports are submitted quarterly and must be submitted by the 10th day after the end of each quarter. Chlorine Residual Requirements ‒Distribution System (DS001) ●A detectable residual must be maintained throughout the distribution system,with a recommended minimum level of 0.1 mg/L per UAC R309-520-5. ●As with the POE,chlorine residual levels in the distribution system must not exceed the MRDL of 4.0 mg/L (free chlorine)[R309-200-5(3)(c)(iv)]. ●To ensure consistency across the system,at least three chlorine residual samples must be collected from various locations within the distribution system every week [UAC R309-105-10(1)(c)]. ●Chlorine residual sampling must occur alongside total coliform sampling [R309-215-10(3)]. Reporting Requirements ●The chlorine residuals from the distribution system and the chlorinator operational reports (with the POE residuals)must be submitted quarterly using the Division's online form found on mrdl.utah.gov. System Malfunction Notification ●In the event of a disinfection facility malfunction where chlorine residuals cannot be maintained throughout the system,the Supplier must notify the Division within eight hours by phone at (801) 560-8456,per UAC R309-105-18(1)(a). By adhering to these requirements,you help ensure the safety of your community's drinking water.If you have any questions or need further clarification,please contact the Division of Drinking Water.