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HomeMy WebLinkAboutDDW-2025-005234195 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 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 June 10, 2025 Mountain Green Mutual Water Company Rulon Gardner 201 S Main St Ste 2015 Salt Lake City, UT 84111 Subject: Initial Order for New Public Water System for Mountain Green Mutual Water Company, UTAH15046 Rulon Gardner: According to the information provided in the New Public Water System Information Form submitted on May 24, 2023 and operating permits issued on July 3, 2024, Mountain Green Mutual Water Company has approximately 513 and a population of approximately 3,500. With this information it has come to the attention of the Utah Division of Drinking Water (the “Division”) that Mountain Green Mutual Water Company, a Utah non-profit corporation, is the owner and/or operator of a public water system (PWS) as explained in the Utah Safe Drinking Water Act and the Utah Public Drinking Water Rules in R309-100-4. As a result, the Director of the Division of Drinking Water is required by law to initiate a formal administrative process to recognize the system as a new public water system and to ensure that it complies with both state and federal drinking water regulations. As part of that process, I have attached an Initial Order for New Public Water System explaining the requirements for the system. The Division understands that compliance with state and federal legal requirements can involve significant administrative and financial burdens for public drinking water systems, especially new systems. Those regulations are designed to ensure that public water systems are able to provide safe and reliable drinking water to the people they serve. Coming into compliance with state and federal regulations can require time and resources. Utah’s public water systems, including your system, provide essential services that directly impact human health and welfare. The attached order includes contact information for Division staff with expertise in the rules and regulations that apply to public water systems. Containers for samples are available from all certified laboratories. While the Division cannot recommend a specific laboratory, we have enclosed a list of certified laboratories that perform water testing. In all correspondence with our office and the laboratories, please indicate the public water system number. The number for your water system is UTAH15046. Clearly mark the system number on all samples. Enclosed is the inventory list for your system. Please carefully review this report and return it to our office with any corrections. Mountain Green Mutual Water Company Page 2 of 2 Enclosed is also a copy of your Improvement Priority System (IPS) Report. IPS points are used to rate and track a water system’s compliance with state and federal drinking water regulations. This report indicates several dormant deficiencies associated with the required actions listed in the attached Order. These dormant deficiencies serve as a tracking tool and reminder; they do not affect the water system’s points or rating unless the due date for the required task has expired. The dormant deficiencies are removed from our database when the PWS completes the required tasks and notifies the Division. The Division has online tools to help manage your water system, including: ●Waterlink.utah.gov: WaterLink is an online tool that allows public water systems to access current system information, including the system’s inventory, monitoring schedules, IPS Report, operator records, and the system’s Bacteriological record for the last 12 months. To get full use out of these tools, you will need to create a Waterlink portal account. You can do this by navigating to the Public/Portals menu on the top right side of the waterlink.utah.gov home page and selecting the Portal. For help creating a WaterLink Portal account, please contact Mz. (Tammie) Allen at (385) 272-5404 or tammieallen@utah.gov. ●Eqedocs.deq.utah.gov: Each water system’s public records are available here. These records may include previous monitoring results, Division correspondence, former Consumer Confidence Reports, and other documents related to the water system. Browse to your water system listed alphabetically under “County” to see what we have on record for your system. Please call the Division at (801) 536-4200 if you have any questions. We are here to help you through this process. If you have any questions about this Order, please contact Colt Smith at (385) 515-1529 or acsmith@utah.gov. To contest or appeal this Order, please contact Bret Randall of the Attorney General’s office at (801) 536-0284 or bfrandall@agutah.gov. Sincerely, Nathan Lunstad, Ph.D., P.E. Director Division of Drinking Water Mountain Green Mutual Water Company Page 3 of 2 Enclosures: Initial Order for New Public Water Systems Improvement Priority System (IPS) Report Inventory List Total Coliform Sample Site Plan Template cc: Rulon Gardner, Mountain Green Mutual Water Company, rulon@rcgardner.com Tim Davis, Utah Department of Environmental Quality, tim.davis@utah.gov Terry Smith, Rural Water Association of Utah, tsmith@rwau.net Ty Leydig, Rural Community Assistance Corporation, tleydig@rcac.org Shauna Benvegnu-Springer, Utah Division of Public Utilities, sbenvegn@utah.gov Brandon Mellor, Utah Division of Water Rights, bmellor@utah.gov Rachel Shilton, Utah Division of Water Resources, rachelshilton@utah.gov Scott Braden, Weber - Morgan Health Department, sbraeden@webercountyutah.gov Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov Christopher Brown, EPA Region 8, brown.christopher.t@epa.gov Hunter Payne, P.E., Division of Drinking Water, hnpayne@utah.gov Cameron Draney, P.E., Division of Drinking Water, cdraney@utah.gov EQDWMonitoring, EQDWCOA, and EQDWFS Mountain Green Mutual Water Company, 4985 W Old Highway, Mountain Green, UT 84050 Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 1 of 10 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER In the Matter of: Mountain Green Mutual Water Company, a Utah Public Water System (UTAH15046) INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM Docket No. UTAH15046-2025-01 This INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM (“Order”) is issued by the Director of the Utah Division of Drinking Water (“Director”), under the Director’s legal authorities described below. This Order is issued to Mountain Green Mutual Water Company, a Utah non- profit corporation, in its capacity as the “Supplier,” who is legally responsible for the water 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. 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 Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 2 of 10 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 R309-400-5 provides that a water system’s IPS rating shall be assigned “based on the total number of points assessed for noncompliance” based on a point system established by the Board. Generally, the number of points represents the threat to the quality of the water and therefore public health. 9.UAC R309-400-4(1)(a)(ii) sets the maximum number of points any given type of system may have before it is rated by the Director as “Not Approved” status. For systems exceeding the point threshold, the Director is required to 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. 10.UAC R309-400-4 allows the Director to assess points against public water systems upon their failure to comply with Division directives and orders. 11.UAC R309-400-5 allows the Director to rate any public water system as “Not Approved” at any time if an immediate threat to public health exists. 12.UAC R309-400-5 provides that a public water system may qualify for a “Corrective Action” rating for its public water system upon submission of a written agreement stating a willingness to comply with the requirements set forth in the Rules and complying with other requirements. 13.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. 14.Utah Code § 19-4-107 provides that upon discovery of any violation of a rule or order 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. 15.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. 3 FINDINGS Based on information available to the Director, the Director makes the following Findings for purposes of this Order: 16.Mountain Green Mutual Water Company (“Respondent”) is a Utah non-profit corporation. Based on public records on file with the Utah Division of Corporations: (a)Respondent has the following registered business address: 201 S Main St Ste 2015, Salt Lake City, Utah 84111. (b)The legal registered agent of Respondent is Rulon Gardner, with the following registered agent address: Mountain Green Mutual Water Company. 17.There exists a public water system (the “System”) located in the Trappers Loop Development, located in Mountain Green, Utah. The System is a public water system based on the following facts: (a)Respondent owns a year round water system with residential and commercial connections. There are approximately 3,500 full-time residents. Respondent serves culinary water to the foregoing population. (b)On July 3, 2024, the Division issued Respondent Operating Permits related to the System, including approval of the use of WS001 and WS002, and an independent distribution system serving approximately 513 service connections. (c)Respondent owns and operates the System and is responsible for its maintenance and repair. 18.On May 24, 2023, Respondent submitted a New Public Water System Information Form signed and submitted by Rulon Gardner. 19.Rulon Gardner is the System’s administrative contact for the Division. CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the Director hereby makes the following conclusions of law: 20.Respondent is the owner and operator of the System, which is a public drinking water system within the meaning of the Utah Safe Drinking Water Act and the Utah Public Drinking Water Rules. 21.Respondent is a “Supplier” within the meaning of the Utah Safe Drinking Water Act, Utah Code § 19-4-102(10). 22.The System qualifies as a community Public Water System under the Utah Public Drinking Water Rules. Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 4 of 10 ORDER Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED as follows: 23.System Status: The System is hereby rated as an active but “unrated” community water system under the Division’s water rating system rules, UAC R309-400. A water system’s rating can only become “approved” after it obtains an Operating Permit from the Director for the entire water system, including its drinking water sources. 24.Plan Review (a)Engineering Evaluation Report: Because the System has been in existence and operation prior to the date of this Order, Respondent shall submit an Engineering Evaluation Report prepared by a Professional Engineer licensed to practice in Utah to the Division on or before 180 days from the date of issuance of this order. The engineering evaluation report shall contain detailed information of all current drinking water facilities including source springs and/or wells, storage tanks, pumps, distribution system, number of connections, water rights, System schematics, etc., and hydraulic model report. An Engineering Evaluation Report is a document used to start the process of the Division’s review of all the existing drinking water facilities associated with your system to ensure compliance with the current design and construction standards for public drinking water systems (Utah Code R309-550). The Division will use this report to enter all drinking water facilities into the Division’s database and to determine all drinking water facilities meet applicable R309-500 requirements to protect the public’s drinking water. The Division will issue after-the-fact Plan Approval and an Operating Permit for all drinking water facilities detailed in the Engineering Evaluation Report. A new water system’s rating becomes “approved” after it obtains an Operating Permit from DDW. Please contact Hunter Payne (hnpayne@utah.gov), if you have any questions regarding the engineering evaluation report. (b)Plan Review Files: Rules R309-500 through 550 govern the design, construction, operation, maintenance, and plan review procedure requirements for drinking water projects. Drinking Water Projects are defined in Rule R309-500-5(1) as any part of the project that includes the construction of, addition to, or modification of a public drinking water facility that may affect the quality or quantity of water delivered. If improvements need to be made to the existing water system, all Drinking Water Projects must have Division Plan Approval prior to construction and Division issuance of an Operating Permit before facilities can be placed into service. Please see our website for general information on the Plan Review process, documentation Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 5 of 10 required, and contact Hunter Payne from the Division’s Permitting Section regarding the permitting process. (c)Operating Permit: Respondent shall complete all of the Director’s requirements to obtain an After-the-Fact Operating Permit on or before 18 months from the date of issuance. The Division will assess 50 deficiency points for using unapproved facilities and 200 deficiency points for using an unapproved water source if this water system is in operation and does not obtain an Operating Permit for the entire water system on or before 18 months from the date of issuance. 25.Capacity Development Evaluation (a)Drinking Water Rule R309-800 requires an assessment of a new water system’s technical, managerial, and financial capabilities. (b)Respondent shall comply with R309-800 by documenting the System’s capabilities using one of the methods described on the Division’s website. (i)Existing water systems should submit completed copies of the Capacity Assessment Evaluation forms, located on the Division’s website at: https://documents.deq.utah.gov/drinking- water/forms/DDW-2018-003083.pdf; or (ii)New or proposed water systems shall submit a business plan as described in UAC R309-800-5(4) for Division review and approval within one year of the date of issuance of this Order. (c)Receiving approval of the capacity assessment worksheets or the business plan is a prerequisite for issuing an Operating Permit for this water system. Please contact Dixon Ekins at 285-502-1575 or dcekins@utah.gov for assistance related to Capacity Development/Assessment. 26.Sanitary Survey and Emergency Response a.Sanitary Survey: Respondent shall schedule the onsite inspection/sanitary survey on or before 365 days from the date of issuance of this order and before an operating permit can be issued. Please contact Ryan Dearing at 801-419-6785 or rdearing@utah.gov if you have any questions regarding the scheduling of the onsite inspection or engineering review. b.In the event of any situation constituting an emergency, the Supplier is required to contact the Division within eight hours of identifying the emergency as outlined in R309-105-18. Division personnel may be reached at all times by calling our Emergency Response Line at 801-560-8456. Emergency situations include any of the following: i.Malfunction of any disinfection or treatment facility. Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 6 of 10 ii.Malfunction of any treatment plant clearwell, which constitutes a turbidity spike of 5 NTU for greater than fifteen minutes. iii.Water discoloration for a significant number of connections, which cannot be explained by air entrainment or re-suspension of sediments normally deposited within the distribution system. iv.Malfunction or accident that could introduce surface water or other potential contamination into the distribution system, e.g., cross connection, major water break, chemical spill or overfeed pressure loss, or natural disaster. v.The threat of sabotage or acts of vandalism to any drinking water facility. vi.Any instance where a customer reports sickness from drinking the water and that claim is substantiated by a doctor. c.The supplier is advised to develop contingency plans to cope with possible emergency situations, including earthquakes, wildfires, flooding, and other natural or human-caused disasters. 27.Cross-Connection Control Program Respondent shall develop a cross-connection control program for the System to prevent any cross-contamination. There are five elements to a cross-connection control program: local authority statement, annual public education or awareness, operator training, written records, and ongoing enforcement. If you have any questions about the cross-connection control program, please contact (385) 549-7609 or (DDWCrossConn@utah.gov). 28.Source Protection Program Based on information available to the Division, the System’s source(s) is/are currently in compliance with source protection requirements. As a reminder, (an) updated source protection plan(s) will be due on or before December 31, 2028. Guidance for preparing the updated plans can be found online at https://deq.utah.gov/drinking-water/preparing-source- protection-plans. Please call (801)536-4200 and ask to speak to the source protection staff if you have questions about this requirement. 29.Operator Certification A community drinking water system that serves a population of 3,500 requires a Direct Responsible Charge Operator (DRC) to be certified at a Distribution Grade II (D2) to operate the system. The System must obtain the appropriate grade level of certification on or before 365 days from the date of issuance. For any questions regarding the operator certification rules, contact Dawnie Jacobo at (385) 272-5038 or DDWOpCert@utah.gov. 30.Consumer Confidence Reports Respondent shall prepare a consumer confidence report for the System and notify all System consumers of its availability and make it available upon request by July 1, 2026. This report must include administrative information on the System, information on the source of water delivered, the level of detected contaminants during 2025, information Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 7 of 10 regarding System violations and deficiencies, and other specific language as provided more fully in UAC R309-225-5. For any questions regarding the consumer confidence reports, contact Brandi Smith at (385) 515-1650 (brandismith@utah.gov). 31.Monitoring and Reporting Requirements a.Total Coliform Monitoring Respondent shall take at least four routine coliform bacteriological sample from the distribution system and submit it to a certified laboratory for each calendar month that the water system is used. It is the Respondent's responsibility to send a copy of the results to our office by the 10th of the following month. In the event of a coliform positive result, the Respondent shall take three repeat samples and a triggered source Esherichia coli sample for each groundwater source in service at the time of the original positive sample. For any questions regarding the Total Coliform Rule or Groundwater Rule, contact Sitara Federico at (385) 515-1459 (sfederico@utah.gov). b.Total Coliform Sample Site Plan Respondent shall develop a written sample site plan that identifies sampling sites and sample collection schedules that are representative of water throughout the distribution system. Respondent shall collect the total coliform samples according to the written sample site plan template. Included with this Order is a blank copy of the Total Coliform Sample Site Plan. For any questions regarding the bacteriologic sample site plan, contact Sitara Federico at (385) 515-1459 (sfederico@utah.gov). c.Lead and Copper Monitoring Respondent shall develop a sample site plan to find the sites that represent the highest potential risk for lead and copper release. A lead and copper sample site plan (template is included) must be filled out and submitted to the Division before the first lead and copper samples are collected. Forty lead and copper first-draw tap samples are required from the distribution system every six months. After two consecutive six-month sample periods, the frequency may be reduced to annual or once every three years. Respondent shall send the results of the analyses to the Division. Please refer to this letter for the most accurate information, or contact Dylan Martinez at (385) 278-3807 (dylanmartinez@utah.gov). d.Lead Service Line Inventory Respondent is required to complete a service line records review and submit an initial lead service line inventory by November 1, 2026. Respondent is required to submit a baseline inventory by November 1, 2027 and updated inventory annually by November 1st of each year after, until all lead status unknown service lines are Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 8 of 10 identified and all lead and galvanized requiring replacement service lines are replaced. Starting in 2026, Respondent must annually deliver a public notice by December 1 to all consumers served by a lead, galvanized requiring replacement, or a lead status unknown service line. Respondent must submit the certificate of delivery form for the public notification to the Division of Drinking Water by July 1 of each year. For more information on the lead service line inventory requirements and technical and financial assistance that may be available to you, visit www.lcrr..utah.gov. Questions regarding lead service line inventory requirements should be directed to Atie Amirgol at aamirgol@utah.gov or at (385) 303 6474. e.PFAS Monitoring Respondent is required to complete initial monitoring for each entry point of the distribution for six PFAS substances which can be accomplished by testing with method 533 or 537.1 version 2: ●PFOA ●PFOS ●PFHxS ●HFPO-DA (GenX)HP ●PFNA ●PFBS Water systems must complete initial monitoring for these six PFAS by April 26, 2027. Compliance sampling begins in 2027 and water systems must be fully in compliance with the maximum contaminant levels (MCLs) by April 26, 2029. For more information, visit ddwpfas.utah.gov. Please contact John Steffan with questions at (385) 499-3926 (ddwpfas@utah.gov). f.Chemical Monitoring Respondent shall monitor each source for six classes of chemicals: Inorganics and Metals, Nitrate, Nitrite, Volatile Organic Chemicals, Radionuclides, and Pesticides. The sampling frequency for each class is different and is specified in the enclosed monitoring schedule and online at waterlink.utah.gov. Please collect each of these samples at the outflow of the storage tank when both wells are represented. Label all samples collected from this location as “Sampling Station - 01 02” and mark the chain of custody as collected from facility ID “SS001” on all laboratory paperwork. Please contact David Kruse at (385) 566-7789 (dbkruse@utah.gov) with questions. g.Monitoring Schedule A current monitoring schedule for the System has been enclosed. Respondent shall become current with System total coliform monitoring and submit a sample site plan to the Division by July 1, 2025, lead and copper monitoring requirements Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 9 of 10 by [Date], and chemical monitoring by December 31, 2025. Please contact Mark Berger at (801) 641-6457 (mberger@utah.gov) for general monitoring schedule questions. GENERAL PROVISIONS 32.Upon satisfactory compliance with the requirements in the Order section, the Director may issue a subsequent administrative order changing the status of the System to “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. 33.This Order does not in any way relieve the Supplier of any other obligation imposed under the Act or any other state, federal, or local law, rule, or regulation. 34.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. 35.The Date of Issuance shall be the date that the Director signs this Order. 36.The dates set forth in the Order section 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. COMPLIANCE AND PENALTY NOTICE 37.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 38.This Order is effective immediately and shall become final unless contested in writing within thirty (30) days of the date of its issuance. 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 this Order. A request for Agency Action must Initial Order for New Public Water System - Mountain Green Mutual Water Company - UTAH15046 Page 10 of 10 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 waives any right of administrative contest, reconsideration, review, or judicial appeal. An extension is only available under UAC R305-7. 39.To contest 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 filed and served in accordance with UAC R305-7-104(5) within 30 days of the date of issuance of this Order. For U.S. Mail delivery under UAC R305-7, the Director’s address is Director, Division of Drinking Water, P.O. Box 144830, Salt Lake City, UT 84114-4830. IT IS SO ORDERED. DIVISION OF DRINKING WATER By:_____________________________ Nathan Lunstad Ph.D., P.E. Director Division of Drinking Water Date:___June 10, 2025___________ New System Order Due Dates Date of Issuance: June 10, 2025 Page 1 of 4 System Name: Mountain Green Mutual Water Company System Number: UTAH15046 Administrative Contact: Rulon Gardner Email: rulon@rcgardner.com Phone Number: 801-456-1280 New System Order Due Dates Date of Issuance:___June 10, 2025_______ 24. Plan Review Item 24a Engineering Evaluation Report Rule Citation R309-500 Action Completion Due Date Submit an Engineering Evaluation Report prepared by a Utah licensed engineer containing detailed information on all system facilities. Within 180 days of the Date of Issuance of this Order. Division of Drinking Water Contact Hunter Payne 385-278-9837 hnpayne@utah.gov Item 24c Operating Permit Rule Citation R309-500-4 Action Completion Due Date The respondent shall complete all requirements to obtain an Operating Permit. Within 545 days of the Date of Issuance of this Order. Division of Drinking Water Contact Hunter Payne 385-278-9837 hnpayne@utah.gov 25. Capacity Development Evaluation Item 25b Capacity Development Evaluation Rule Citation R309-800 Action Completion Due Date The respondent shall complete all requirements for their capacity development. Within 545 days of the Date of Issuance of this Order. Division of Drinking Water Contact Dixon Ekins 285-502-1575 dcekins@utah.gov New System Order Due Dates Date of Issuance: June 10, 2025 Page 2 of 4 Item 26a Sanitary Survey Rule Citation R309-100-6 Action Completion Due Date The respondent shall schedule an onsite inspection/sanitary survey. Within 365 days of the Date of Issuance of this Order. Division of Drinking Water Contact Ryan Dearing 801-419-6785 rdearing@utah.gov 28. Source Protection Program Item 28 Submit Ongoing Source Protection Plans Rule Citation This system is already in compliance with source protection requirements. This is a reminder to submit updates. R309-600-7(2)(e) Action Completion Due Date The respondent shall submit source protection updates. By December 31, 2028 Division of Drinking Water Contact Melissa Noble (385) 271-7043 mnoble@utah.gov 29. Operator Certification Item 29 Operator Certification Requirement Rule Citation This system requires a Direct Responsible Charge (DRC) operator. R309-105-11 Action Completion Due Date The respondent shall submit documentation to the Division showing the system has a direct responsible charge operator certified at the required level. Within 365 days of the Date of Issuance of this Order. Division of Drinking Water Contact Dawnie Jacobo 385-272-5038 DDWOpCert@utah.gov 30. Consumer Confidence Report Item 30 Consumer Confidence Report Rule Citation R309-225-4 Action Completion Due Date The respondent shall submit a copy of the Consumer Confidence Report to the Division. By July 1, 2026 Division of Drinking Water Contact Brandi Smith 385-515-1650 brandismith@utah.gov 26. Sanitary Survey and Emergency Response New System Order Due Dates Date of Issuance: June 10, 2025 Page 3 of 4 R309-211 Action Completion Due Date The respondent shall submit monthly routine coliform bacteriological samples to the Division each month the system is open. By July 1, 2025 Division of Drinking Water Contact Sitara Federico 385-515-1459 sfederico@utah.gov Item 31b Total Coliform Sample Site Plan Rule Citation R309-211-4 Action Completion Due Date The respondent shall submit a written total coliform sample site plan to the Division. By July 1, 2025 Division of Drinking Water Contact Sitara Federico 385-515-1459 sfederico@utah.gov Item 31c Lead and Copper Monitoring Rule Citation R309-200-5(2) and R309-210-6 Action Completion Due Date The respondent shall take and submit all required lead and copper sampling. By December 31, 2025 Division of Drinking Water Contact Dylan Martinez 385-278-3807 dylanmartinez@utah.gov Item 31d Lead Service Line Inventory Rule Citation Action Completion Due Date The respondent shall submit the initial lead service line inventory. By November 1, 2026 The respondent shall submit the certificate of delivery for the public notice. By July 1, 2027 Division of Drinking Water Contact Atie Amirgol 385-303-6474 aamirgol@utah.gov 31. Monitoring and Reporting Item 31a Total Coliform Monitoring Rule Citation New System Order Due Dates Date of Issuance: June 10, 2025 Page 4 of 4 Item 31f Source Monitoring Rule Citation R309-200-5(1) and R309-205-5 Action Completion Due Date The respondent shall take and submit all required samples for each active source. Samples shall be collected at the outflow of the storage tank and marked as collected at facility ID “SS001” on laboratory chain of custody. By Varying Due Dates. Next Samples Due December 31, 2025. Division of Drinking Water Contact David Kruse 385-566-7789 dbkruse@utah.gov Item 31e PFAS Monitoring ( Community or NTNCs water systems) Rule Citation EPA 40 CFR parts 141 and 142 Action Completion Due Date The respondent shall complete initial monitoring for each entry point of the distribution for six PFAS substances By April 26, 2027 Division of Drinking Water Contact Sarah Romero 801-896-8255 ddwpfas@utah.gov Utah Department Of Environmental Quality Division Of Drinking Water Admin Contacts Inventory Report Service Connections Storage Sources MOUNTAIN GREEN MUTUALWATER COMPANY PWS ID: UTAH15046 Rating: Proposed Legal Contact MOUNTAIN GREEN MUTUAL WATER COMPANY RULON GARDNER 4985 W OLD HIGHWAYMOUNTAIN GREEN, UT 84050 Phone: 801-456-1280 County: MORGAN COUNTY System Type: Community Population: 3,500 Site Updates Last Inventory Update: 05/27/2025 Last Surveyor Update: Surveyor: Operating Period: 1/1 - 12/31 Last IPS Update: 06/10/2025 07:10:00 Consumptive Use Zone Irrigation Zone: null Date: Name Title Office Emergency Email GARDNER, RULON 801-456-1280 rulon@rcgardner.com Type Meter Type Meter Size # Of Connections Combined Unknown 0.000 513 Total Service Connections: 513 ID Name Type Effective Volume Material Status Status Reason ST001 MOUNTAIN GREEN MUTUALWATER CO TANK Unknown Proposed Total Effective Volume: 0 GAL ID Source Name OP Date Status Reason SourceType Water Type Period OfOp WS001 ROLLINS WELL #1 07/03/2024 Active Well Groundwater 1/1 - 12/31 Flow Flow Rate UOM PUMP 90 GPM SYLD 60 GPM WS002 ROLLINS WELL #2 07/03/2024 Active Well Groundwater 1/1 - 12/31 Flow Flow Rate UOM PUMP 243 GPM SYLD 45 GPM DEQ | Drinking Water Run Date: 06/10/2025 09:39:53 | Rating:UTAH15046 MOUNTAIN GREEN MUTUAL WATER COMPANY page 1 of 6 Site Visit History Date Visited Survey Type Surveyor Notified Date Next Inspection 06/10/2025 Needs Survey 06/10/2025 DEQ | Drinking Water Run Date: 06/10/2025 09:39:53 | Rating:UTAH15046 MOUNTAIN GREEN MUTUAL WATER COMPANY page 2 of 6 Water Monitoring Report BACTERIOLOGICAL MONITORING Other Distribution Monitoring MONITORING REQUIREMENTS BY FACILITY Sample Count Type Frequency Schedule Begin Schedule End Analyte Name 4 Routine Monthly 07/01/2025 COLIFORM (TCR) Analyte Name ID SampleCount Type Frequency Last Sampled Next Sample Due LEAD AND COPPER DS001 40 Routine 6 Months 07/01/2025 - 12/31/2025 ID NAME SS001 SAMPLING STATION - 01 02 Name SampleCount Type Frequency Last Sampled Next Sample Due INORGANICS-COMPL 1 Routine 3 Years 01/01/2026 - 12/31/2028 NITRATE 1 Routine Yearly 01/01/2025 - 12/31/2025 PESTICIDES-COMPL 1 Routine Quarterly 10/01/2025 - 12/31/2025 RADS - COMPLIANCE 1 Routine Quarterly 10/01/2025 - 12/31/2025 SULFATE,SODIUM,TDS 1 Routine 3 Years 01/01/2026 - 12/31/2028 VOC-COMPL 1 Routine Yearly 01/01/2025 - 12/31/2025 Open Compliance Schedule Type Required Activities Severity Created Due Complete PFAS Initial Monitoring SUBMIT PFAS INITIAL MONITORINGSAMPLES 05/27/2025 04/26/2027 Revised Total Coliform Rule SAMPLING SITE PLAN SUBMITTAL 06/10/2025 07/01/2025 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE ENGINEERING EVALUATION REPORT 06/10/2025 12/07/2025 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE CAPACITY DEVELOPMENT EVALUATION 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE ONSITE INSPECTION/SANITARY SURVEY 06/10/2025 06/10/2026 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 06/10/2026 DEQ | Drinking Water Run Date: 06/10/2025 09:39:53 | Rating:UTAH15046 MOUNTAIN GREEN MUTUAL WATER COMPANY page 3 of 6 IPS 2020 Report IPS Report IPS Summary Total IPS Pts: 0 Admin & Physical Facilities Quality & Monitoring Significant Deficiency 000 DEQ | Drinking Water Run Date: 06/10/2025 09:39:53 | Rating:UTAH15046 MOUNTAIN GREEN MUTUAL WATER COMPANY page 4 of 6 Physical Facility Points 2020 Total Pts: 0 Facility Facility Name Status Points Effective DS001 UTAH15046 DISTRIBUTION SYSTEM P 0.0 Code Description Severity Comments Determined Date NotAssessed Assessed G001 UNAPPROVEDFACILITY IN SERVICE SIG SYSTEM MUST OBTAIN ANOPERATING PERMIT BY12/7/2026 06/10/2025 50 0 C001 SYSTEM DIRECTRESPONSIBLECHARGE OPERATORSNOT CERTIFIED ATTHE REQUIRED LEVEL SIG SYSTEM MUST OBTAIN ADRC CERTIFIED AT THEDISTRIBUTION GRADE 2OR HIGHER BY 6/10/2026 06/10/2025 50 0 ST001 MOUNTAIN GREEN MUTUAL WATER CO TANK P 0.0 Code Description Severity Comments Determined Date NotAssessed Assessed G001 UNAPPROVEDFACILITY IN SERVICE SIG SYSTEM MUST OBTAIN ANOPERATING PERMIT BY12/7/2026 06/10/2025 50 0 WS001 ROLLINS WELL #1 A 0.0 Code Description Severity Comments Determined Date NotAssessed Assessed S001 UNAPPROVEDSOURCE IN SERVICE SIG SYSTEM MUST OBTAIN ANOPERATING PERMIT BY12/7/2026 06/10/2025 200 0 WS002 ROLLINS WELL #2 A 0.0 Code Description Severity Comments Determined Date NotAssessed Assessed S001 UNAPPROVEDSOURCE IN SERVICE SIG SYSTEM MUST OBTAIN ANOPERATING PERMIT BY12/7/2026 06/10/2025 200 0 Operator Certification Type Level Required Highest Certificate Distribution Dist 2 Treatment DEQ | Drinking Water Run Date: 06/10/2025 09:39:53 | Rating:UTAH15046 MOUNTAIN GREEN MUTUAL WATER COMPANY page 5 of 6 Open Compliance Schedule Type Required Activities Severity Created Due Complete PFAS Initial Monitoring SUBMIT PFAS INITIAL MONITORINGSAMPLES 05/27/2025 04/26/2027 Revised Total Coliform Rule SAMPLING SITE PLAN SUBMITTAL 06/10/2025 07/01/2025 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE ENGINEERING EVALUATION REPORT 06/10/2025 12/07/2025 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE CAPACITY DEVELOPMENT EVALUATION 06/10/2025 12/07/2026 WELCOME TO THE CLUB LETTERSCHEDULE ONSITE INSPECTION/SANITARY SURVEY 06/10/2025 06/10/2026 WELCOME TO THE CLUB LETTERSCHEDULE GWR CORRECT DEFICIENCY 120 DAYS SIG 06/10/2025 06/10/2026 DEQ | Drinking Water Run Date: 06/10/2025 09:39:53 | Rating:UTAH15046 MOUNTAIN GREEN MUTUAL WATER COMPANY page 6 of 6