DDW-2025-003954

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 [phone] • T.D.D. [phone] 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 18, 2025
Andrew Tendick
Proper Brewing Company, LLC
dba Bucks Grill House
PO Box 284
Lasal, UT 84530
Subject: Administrative Order: “Not Approved” Rating Determination for Bucks Grill
House Water System UTAH10018
Dear Andrew Tendick:
Compliance with the standards and regulations for drinking water is critical to ensure safe, reliable
drinking water and to protect public health. Bucks Grill House Water System is in significant non-
compliance with its obligations under the Utah Safe Drinking Water Act and the Utah Drinking
Water Rules as well as the Federal Safe Drinking Water Act. Therefore, the Division of Drinking
Water must downgrade the rating of the Bucks Grill House water system to “Not Approved”
status in accordance with the Utah Drinking Water Rules.
Enclosed is the Administrative Order: “Not Approved” Rating Determination. I encourage you to
contact me or my staff and to take the steps necessary to return to compliance as soon as possible.
Sincerely,
Nathan Lunstad, Ph.D., P.E.
Director, Division of Drinking Water
Sincerely,
NNathan Lunstad Ph D P E
Proper Brewing Company, LLC
Page 2 of 10
April 18, 2025

cc:
Andrew Tendick, Proper Brewing Company, [e-mail]
Orion Rogers, Southeast Utah Health Department, [e-mail]
Curtis Page, P.E. Division of Drinking Water, [e-mail]
Chris Brown, Environmental Protection Agency-Region 8, [e-mail]
Melissa Noble, Division of Drinking Water, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS
Bret F. Randall, Assistant Attorney General, [e-mail]
Tim Davis, Utah Department of Environmental Quality, [e-mail]

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Proper Brewing Company, LLC dba
Bucks Grill House

ADMINISTRATIVE ORDER: “NOT
APPROVED” RATING
DETERMINATION

Docket No. UTAH10018-2025-1

This ADMINISTRATIVE ORDER: “NOT APPROVED” RATING DETERMINATION
(“Order”), relating to the Proper Brewing Company/Bucks Grill House (the “System”), has been
issued by the Director of the Utah Division of Drinking Water (“Director”) based on the
authorities and findings provided herein. Notice of this Order is being provided to Proper
Brewing Company, LLC, a Utah limited liability company doing business as Bucks Grill House,
as the “Supplier” 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, 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.
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6. UAC R309-100-7 requires 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 civil penalty of up to $5,000 per day of violation.
FINDINGS
Based on information in the Division’s administrative files, the Director makes the following
Findings for purposes of this Order:
Proper Brewing Company, LLC
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15. There exists, approximately in Moab, Utah off Highway 191 in Grand County, Utah, a
drinking water system, known as the Proper Brewing Company/Bucks Grill House (the
“System”) that serves a population of approximately 92 persons. The System generally
includes a groundwater well, a hydropneumatic storage tank, and an independent
distribution system supplying 200 transient service connections.
16. The Supplier 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. The Supplier qualifies as a “person” within the meaning of the Utah Safe
Drinking Water Act and the Utah Public Drinking Water Rules.
17. The System qualifies as a Transient Non-Community system under the Utah Public
Drinking Water Rules. The maximum number of points allowed for this type of system
is 100.
18. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System
has been assigned 135 points. This number exceeds the threshold provided in the IPS
Rule. The Master IPS Report is incorporated herein by this reference.
19. The Director hereby ratifies and adopts the violations and deficiencies reflected in the
Master IPS Report, along with all previous actions by the Division that relate to such
violations and deficiencies. Such actions include sanitary surveys, notices of violation,
and the assessment of points for such violations and deficiencies, all as reflected in the
Division’s administrative files relating to the System.
20. Prior to issuing this Order, the Director provided the Supplier with notice of the System’s
then-current Master IPS report and afforded the Supplier with an opportunity to provide
any rebuttal or objections to the Director for consideration. Despite these notices, the
Supplier has failed to reduce the System point assessments below the threshold.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as
follows:
21. The System is hereby rated as “Not Approved” under the Utah Public Drinking Water
Rules.
22. The Supplier shall provide a Tier II public notice of the substance of this Order
(specifically, the Director’s rating of the System as “Not Approved”), pursuant to UAC
R309-100-8(1) and R309-220-6(3), as follows:
(a) Such notice shall be provided to each and every customer related to the System (or
who otherwise receives a bill for water service). Such notice must be reasonably
calculated to provide actual notice to such persons and may be provided through mail
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or direct delivery, hand delivery, publication in a local newspaper, posting in public
places served by your system, or the System or Supplier’s website, if applicable;
(b) Such notice shall be provided to the health department with jurisdiction over the
System.
(c) For each 90 day period that the System is rated as “Not Approved,” the Supplier shall
provide repeat notices to all consumers served by the System, in accordance with the
schedule applicable to Tier II notices.
23. In accordance with UAC R309-105-16(3), within 10 days of completing the public
notification requirements described above (for the initial public notice and any repeat
notices), the Supplier shall submit to the Director a certification that it has fully complied
with the notice requirements described above. Such certification shall include a
representative copy of each type of notice distributed, published, posted, and made
available in accordance with this Order.
24. Attached hereto as the Enforcement Order Schedule – UTAH[insert number and date]
(“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,
consistent with 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 this order 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.”).
GENERAL PROVISIONS

25. This Order 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.
26. Nothing contained in this Order shall preclude the Director from taking actions to include
additional penalties against the Supplier for future violations of State or Federal law.
27. The Date of Issuance shall be the date that this Order is signed by the Director.
28. The dates set forth in the Order section of this Order may be extended in writing by the
Director, in the Director’s sole discretion, based on the Supplier’s showing of good cause.
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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.
COMPLIANCE AND PENALTY NOTICE

All violations of the Utah Safe Drinking Water Act, the Drinking Water Rules, and this Order
will be strictly enforced during the time that this Order remains in effect. The Utah Safe
Drinking Water Act, Utah Code § 19-4-109, provides that any person who violates 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, in a civil proceeding, to a civil penalty of up to $5,000 per day of
violation. Under certain circumstances of willfulness or gross negligence, a Utah district court
judge may impose an additional penalty up to $5,000 per day of violation. Under the act, each
day may be considered a separate violation. A violator may also be subject to injunctive relief
pursuant to Utah Code § 19-4-107(2).
CONTEST AND APPEAL RIGHTS

This Order is effective immediately and shall become final unless the Supplier contests its
validity or correctness in writing within thirty (30) days of the date of its issuance. See Utah
Code Utah Code § 63G-4-102(2)(k). The validity or correctness of this Order may be contested
by filing a written Request for Agency Action in accordance with UAC R305-7. Filing a request
for a hearing or a general statement of disagreement is not sufficient under Utah Code § 63G-4-
201(3)(a) to preserve your right to contest the validity or correctness of this Order. A request for
Agency Action must include the information specified in UAC R305-7. Contest proceedings are
also governed by Utah Code Section 19-1-301. Failure to file a Request for Agency Action
within the period provided operates waives any right of the administrative contest,
reconsideration, review or judicial appeal. An extension is only available under UAC R305-7.
To contest the validity or correctness of this Order, the Supplier must respond in writing and
must comply with the applicable procedural requirements found at UAC R305-7 and with the
applicable requirements of the Utah Administrative Procedures Act, including Utah Code § 63G-
4-201(3)(a) and (b). The Supplier’s written Request for Agency Action must be received by the
Director within 30 days of the date of issuance of this Order. The written Request to the Director
should be addressed to Nathan Lunstad, P.O. Box 144830, Salt Lake City, UT 84114-4830.
Initiation of an appeal proceeding via email or fax is not permitted.

Proper Brewing Company, LLC
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April 18, 2025
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IT IS SO ORDERED.
DATED this _18_ day of _April_, 2025.
DIVISION OF DRINKING WATER
By:
Nathan Lunstad, Ph.D., P.E.
Director, Division of Drinking Water
VISION OF DRINKING WATER
y:
athan Lunstad Ph D P E
Proper Brewing Company, LLC
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Exhibit B
Enforcement Order Schedule UTAH10018-a01

System Name: Bucks Grill House
System Number: UTAH10018
Administrative Contact: Andrew Tendick
Email: [e-mail]
Phone Number: 801-828-5310
Corrective Action Requirements and Due Dates
Distribution System, DS001

Item
#1
Code Facility Violation Rule Citation
03 WS001 System failed to take Nitrate
samples in 2024
R309-205-5(4)
Violation Correction Due Date
Take the appropriate Nitrate samples that are
required
05/30/2025

Item
#2
Code Facility Violation Rule Citation
3A DS001 System has failed to take
monthly Coliform samples
R309-211-9(3)(a)
Violation Correction Due Date
Ensure that system takes all monthly required
Coliform samples
For the duration of the Order

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CERTIFICATE OF SERVICE

I certify that I served a copy of Administrative Order: “Not Approved” Rating
Determination for Proper Brewing Company/ Bucks Grill House Water System
UTAH10018 via U.S. Certified Mail to the following:

Andrew Tendick

CERTIFIED MAIL #
Registered Agent
Proper Brewing Company, LLC
dba Bucks Grill House
376 8TH AVE STE C
SALT LAKE CITY, UT 84103
Utah Department Of Environmental Quality
Division Of Drinking Water
Admin Contacts
IPS 2020 Report
IPS Report
BUCKS GRILL HOUSE PWS ID: UTAH10018 Rating: Not Approved 04/23/2025 Active
Legal Contact
BUCKS GRILL HOUSE
ANDREW TENDICK
PO BOX 284LASAL, UT 84530
Phone: [phone]
County: GRAND COUNTY
System Type: Transient Non-Community
Population: 92
Site Updates
Last Inventory Update: 04/01/2024
Last Surveyor Update: 09/30/2022
Surveyor: DEIDRE BECK
Operating Period: 1/1 - 12/31
Last IPS Update: 04/23/2025 14:10:00
Consumptive Use Zone
Irrigation Zone: null
Date:
Name Title Office Emergency Email
TENDICK, ANDREW 801-828-5310 [e-mail]
IPS Summary Total IPS Pts: 135
Admin & Physical Facilities Quality & Monitoring Significant Deficiency
10 125.0 0
DEQ | Drinking Water
Run Date: 04/23/2025 15:28:35 | Rating: Not Approved UTAH10018 BUCKS GRILL HOUSE page 1 of 2
Physical Facility Points 2020 Total Pts: 10
Facility Facility Name Status Points Effective
WS001 WELL #1 A 10.0
Code Description Severity Comments Determined Date
NotAssessed Assessed
S015 WELL LACKS AMEANS TO MEASUREWATER LEVELSPERIODICALLY
MIN There is no means tomeasure well water depth.09/30/2013 5
SL01 WELL THAT PUMPSDIRECTLY TODISTRIBUTION LACKSA MEANS TORELEASE TRAPPEDAIR
MIN The well pumps directly into ahydropneumatic tank with nomeans to release trapped airfrom the pump dischargepiping.
09/30/2022 5
Chemical Monitoring Rule Violations Total Pts: 50
Facility ViolationNo.Period Violation Type Seasonality Point Effective
WS001 2025-5129423 01/01/2024-12/31/2024Determined: 01/23/2025 [03] MONITORING, ROUTINE MAJORAnalyte/Group: NITRATE P50.0
Microbial Rule Violations Total Pts: 75
Determined Compliance Period Code Violation Type
Return ToCompliance Point Effective
08/30/2024 06/01/2024 - 06/30/2024 3A MONITORING, ROUTINE,MAJOR (RTCR)N25.0
11/20/2024 09/01/2024 - 09/30/2024 3A MONITORING, ROUTINE,MAJOR (RTCR)N25.0
12/24/2024 11/01/2024 - 11/30/2024 3A MONITORING, ROUTINE,MAJOR (RTCR)N25.0
Operator Certification
Type Level Required Highest Certificate
Distribution
Treatment
DEQ | Drinking Water
Run Date: 04/23/2025 15:28:35 | Rating: Not Approved UTAH10018 BUCKS GRILL HOUSE page 2 of 2