HomeMy WebLinkAboutDDW-2024-007121 March 27, 2024
Red Wash Drinking Water
Scott Atwood
11002 E 17500 S
Vernal, Utah 84078
Subject: Initial Order for New Public Water System for Red Wash Drinking Water System
UTAH24020
Dear Scott Atwood:
According to the New Public Water System Form submitted on February 7, 2024, the Red Wash
Drinking Water System serves approximately 65 persons through five service connections. This
constitutes a public drinking water system under state and federal drinking water rules. Middle Fork
Energy Uinta LLC, a Delaware limited liability company, 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 (the
Division) 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 a 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. These 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. Sample containers 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 UTAH24020 . 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.
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
Middle Fork Energy Uinta LLC
Page 2 of 3
March 27, 2024
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
(alternatively, Elizabeth Burns of the Attorney General’s office at (385) 441-4789 or
elizabethburns@agutah.gov).
Sincerely,
Nathan Lunstad P.E.
Director
Division of Drinking Water
Enclosures: Initial Order for New Public Water Systems
Improvement Priority System (IPS) Report
Inventory Report
Monitoring Report
Total Coliform Sample Site Plan Template
Water Hauling Checklist
Division of Drinking Water Contact List
Utah Certified Laboratory List
Middle Fork Energy Uinta LLC
Page 3 of 3
March 27, 2024
cc: 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
Cindy Austreng, Tri-County Health Department, caustreng@tricountyhealth.com
Jason Mclaren, Middle Fork Energy Uinta LLC, 1401 Wynkoop Street STE 300 Denver, CO 80202
CT Corporation System, Registered Agent, 1108 East South Union Avenue, Midvale, UT 84047
Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov -or
Elizabeth A. Burns, Assistant Attorney General, elizabethburns@agutah.gov
Christopher Brown, EPA Region 8, brown.christopher.t@epa.gov
Nathan Hall, DEQ District Engineer, nhall@utah.gov
EQDWMonitoring, EQDWCOA, and EQDWFS
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Red Wash Drinking Water, a Utah Public
Water System (UTAH24020)
INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM
Docket No. UTAH24020-2024-01
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 Middle Fork Energy Uinta, LLC, a Delaware
limited liability company, 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
1
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 R309-400-5 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.
16. The Director ’s jurisdiction to issue this Order is based, in part, on Section 1447(a) of the
Safe Drinking Water Act, codified at 42 U.S.C. § 300j-6. The federal act provides that if a
state has achieved enforcement primacy, then federal agencies are subject to the
jurisdiction of the state agency with enforcement primacy. In directing federal facilities to
be subject to and to comply with all state requirements “in the same manner and to the
same extent as any [non-governmental entity,]” the explicit language of the federal act
demonstrates Congress’ intention that federal facilities be treated as any other public
water system covered by the federal act and, in turn, the state law (the Utah Safe
Drinking Water Act) and rules that implement the federal act. Thus, the Director is
required to assert jurisdiction over the Supplier in this matter in the same manner and to
the same extent as any non-governmental entity.
FINDINGS
Based on information available to the Director, the Director makes the following Findings
for purposes of this Order:
17. Middle Fork Energy Uinta, LLC (“Respondent”) is a Delaware limited liability
company. Based on public records on file with the Utah Division of Corporations:
(a) Respondent has the following registered business address: 1401 Wynkoop Street
STE 300, Denver, Colorado 80202
(b) The legal registered agent of Respondent is CT Corporation System, with the
following registered agent address: 1108 East South Union Avenue, Midvale, Utah
84047.
18. A public water system (the “System”) exists at 11002 East 17500 South, Vernal, Utah, in
Uintah County. The System is a public water system based on the following facts:
(a) Respondent owns a water system with an office and field personnel for oil and gas
operations. There are approximately 65 employees. Respondent serves culinary
water to the foregoing population.
(b) The Supplier hauls water from Vernal City Water System UTAH24012 to two
storage tanks and has an independent distribution system serving approximately
two office building service connections.
(c) Respondent owns and operates the System and is responsible for its maintenance
and repair.
19. On February 7, 2024, Respondent submitted a New Public Drinking Water System Form
signed and submitted by Scott Atwood.
20. Scott Atwood is the Division’s administrative contact for the System.
CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the Director hereby makes the following
conclusions of law:
21. 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.
22. Respondent is a “Supplier” within the meaning of the Utah Safe Drinking Water Act,
Utah Code § 19-4-102(10).
23. The System qualifies as a non-transient non-community Public Water System under the
Utah Public Drinking Water Rules.
ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY
ORDERED as follows:
24. System Status : The System is hereby rated as an active but “unrated” non-transient
non-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.
25. Plan Review
(a) Engineering Evaluation Report : This water system has been included in the
Division’s database as a Non-Public public system, but the system design has not
been reviewed for compliance with Utah’s public drinking water system standards
in Utah Administrative Code R309-500 through 550. 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, hydraulic model report, etc.
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.
If the design meets Division rules, 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 Nathan Hall, DEQ
District Engineer at (435) 630-3852 or nhall@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.
The Division will track the review of the Engineering Evaluation Report and the
system infrastructure under File # 13625 .
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, www.drinkingwater.utah.gov for general information on the
Plan Review process, documentation required, and contact Nathan Hall, DEQ
District Engineer at (435) 630-3852 or nhall@utah.gov 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.
26. 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-201
8-003083.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 Michael Grange at (801) 674-2563 or mgrange@utah.gov
for assistance related to Capacity Development/Assessment.
27. 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. The last sanitary survey on record was
performed by a member of the Division of Drinking Water staff on June 7, 1993.
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.
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.
28. 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 Gary Rager at (801) 536-4498 ( grager@utah.gov ).
29. Source Protection Program
a. Since the System’s current source is solely a hauled water connection, source
protection requirements do not apply. If any new sources are added in the future,
source protection requirements may apply at that time. Please call (801)536-4200
and ask to speak to the source protection staff if you have questions about this
requirement.
30. Operator Certification
A non-transient non-community drinking water system that serves a population of 65
requires a Direct Responsible Charge Operator (DRC) to be certified at a Small Systems
Level 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 .
31. Monitoring and Reporting Requirements
a. Total Coliform Monitoring
Respondent shall take at least one 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 10 th 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
Five 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 Martinz at (385) 278-3807 ( dylanmartinez@utah.gov ).
d. Chlorination Monitoring:
i. Respondent shall measure free chlorine concentrations for each load of
hauled water and submit a monthly water hauling report to the
Division. The free chlorine residual shall be measured at least twice for
every load of water hauled. The free chlorine residual in the tank shall be
measured when the same batch of water is loaded and unloaded. The
measured free chlorine residual shall be recorded, be provided to the
Division of Drinking Water monthly, and maintained by the Public Water
System receiving the hauled water. If a free chlorine residual is not
detected at the time of delivery, the water must be discarded.
ii. Respondent shall measure and report distribution system chlorine
residual results for the System to the Division. Chlorine residuals shall be
taken from different locations throughout the distribution system a
minimum of 3 times per week , for a total of 12 times per month in
accordance with UAC R309-105-10-(1)(c). The distribution system
chlorine residual averages can be reported online at https://mrdl.utah.gov .
The chlorine residual data are due by the tenth day of the month following
each quarter, i.e., January 10th, April 10th, July 10th, and October 10th.
iii. All chlorine residuals shall remain detectable in the distribution system, but
shall not exceed 4.0 ppm. Please contact Luke Treutel at (385) 258-6084
( ltreutel@utah.gov ) for disinfection by-products (DBP) sampling
requirements.
e. Disinfection Byproduct Monitoring
i. Respondent shall take two (2) disinfection byproduct (DBP) samples
per year. The water system is required to collect samples from two
Disinfection Byproduct (DBP) sampling sites. Each disinfection byproduct
sample should be a paired sample of Total Trihalomethanes (TTHM) and
Haloacetic Acids (HAA5). The first round of DBP samples needs to be
collected during the monitoring period from July 1 - September 30, 2024.
f. Disinfection Byproduct Sample Site Plan
i. Respondent shall develop a written DBP sample site plan with at least
two DBP sample sites. Respondent shall collect the DBP samples
according to the written sample site plan. Included with this Order is a
blank copy of the Disinfection Byproduct Sample Site Plan. A completed
sample site plan must be submitted to the Division by 30 days from the date
of this letter. For any questions regarding the DBP sample site plan, contact
Luke Treutel at (385) 258-6084 ( ltreutel@utah.gov ).
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 May 1, 2024 , lead and copper monitoring
requirements by June 30, 2024, and DBP monitoring requirements by
September 30, 2024. 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 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 P.E.
Director
Date: March 27, 2023
System Name: Red Wash Drinking Water System
System Number: UTAH24020
Administrative Contact: Scott Atwood
Email: scott.atwood@kodares.com
Phone Number: 435-383-2347
New System Order Due Dates
Date of Issuance: March 27, 2024
Plan Review
Item 2b 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
Nathan Hall
(435) 247-1167
nhall@utah.gov
Item 2c 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
Nathan Hall
(435) 247-1167
nhall@utah.gov
3. Capacity Development Evaluation
Item 3e 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
Michael Grange
801-674-2563
mgrange@utah.gov
4. Sanitary Survey and Emergency Response
Item 4a 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
7. Operator Certification
Item 7 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
9. Monitoring and Reporting
Item 9a Total Coliform Monitoring Rule Citation
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 May 1, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
sfederico@utah.gov
Item 9b 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 May 1, 2024
Division of Drinking Water Contact
Sitara Federico
385-515-1459
sfederico@utah.gov
Item 9c 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.
June 30, 2024
Division of Drinking Water Contact
Dylan Martinez
385-278-3807
dylanmartinez@utah.gov
Item 9c Chlorination Monitoring Rule Citation
R309-215-16(3) and
R309-105-10(1)(c)
Action Completion Due Date
The respondent shall measure and report all required chlorine
residual data and complete and submit required monthly water
hauling reports.
By March 30, 2024 (Reported to
DDW by no later than April 10,
2024)
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 9c Disinfection By-Product Monitoring Rule Citation
R309-210-10(2)
Action Completion Due Date
The respondent shall take and submit all required disinfection
by-product samples.
By September 30, 2024
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Item 9c Disinfection By-Product Sampling Site Plan Rule Citation
R309-210-10(3)
Action Completion Due Date
The respondent shall submit an adequate disinfection
by-products sample site plan.
March 31, 2024
Division of Drinking Water Contact
Luke Treutel
(385) 258-6084
ltreutel@utah.gov
Utah Department Of Environmental Quality
Division Of Drinking Water
Admin Contacts
Inventory Report
Service Connections
Storage
Sources
Site Visit History
RED WASH PWS ID: UTAH24020 Rating:Active
Legal Contact
CT CORPORATION SYSTEM
SCOTT ATWOOD
1108 EAST SOUTH UNION AVENUE
MIDVALE, UT 84047
Phone: 801-784-6883
County: UINTAH COUNTY
System Type: Non-Transient
Population: 65
Site Updates
Last Inventory Update: 03/28/2024
Last Surveyor Update: 06/07/1993
Surveyor: DDW SURVEYOR
Operating Period: 1/1 - 12/31
Last IPS Update: 03/28/2024 14:10:00
Consumptive Use Zone
Irrigation Zone: null
Date:
Name Title Office Emergency Email
ATWOOD, SCOTT 435-383-2347 scott.atwood@kodares.com
Type Meter Type Meter Size # Of Connections
Industrial Unknown 0 5
Total Service Connections: 5
ID Name Type Effective Volume Material Status Status Reason
ST001 RED WASH TANK #1 Unknown 4,000 GAL Active
ST002 RED WASH TANK #2 Unknown 4,000 GAL Active
Total Effective Volume: 8,000 GAL
ID Source Name OP Date Status Reason Source
Type Water Type Period Of
Op
WS001 WELL NO 1 Inactive ERROR:NE Well Groundwater
WS003 UTAH24012 VERNAL CITY Inactive Consecutiv
e
Connection
Groundwater
Date Visited Survey Type Surveyor Notified Date Next Inspection
06/07/1993 Sanitary Survey, Finished
03/28/2024 Needs Survey 03/28/2024
DEQ | Drinking Water
Run Date: 03/28/2024 15:31:57 | Rating: UTAH24020 RED WASH page 1 of 5
Bacterial Summary Report
Routine Bacteriological Sampling Requirements
Total Coliform Sample History
02/01/2023 - 03/31/2024
Sample Reuired Schedule Begin Schedule End Operation Begin Operation End
1/Monthly/Routine 05/01/2024 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
+
Feb-23 0 0 0 0 0 0 0 0 0 0 0 0
Mar-23 0 0 0 0 0 0 0 0 0 0 0 0
Apr-23 0 0 0 0 0 0 0 0 0 0 0 0
May-23 0 0 0 0 0 0 0 0 0 0 0 0
Jun-23 0 0 0 0 0 0 0 0 0 0 0 0
Jul-23 0 0 0 0 0 0 0 0 0 0 0 0
Aug-23 0 0 0 0 0 0 0 0 0 0 0 0
Sep-23 0 0 0 0 0 0 0 0 0 0 0 0
Oct-23 0 0 0 0 0 0 0 0 0 0 0 0
Nov-23 0 0 0 0 0 0 0 0 0 0 0 0
Dec-23 0 0 0 0 0 0 0 0 0 0 0 0
Jan-24 0 0 0 0 0 0 0 0 0 0 0 0
Feb-24 0 0 0 0 0 0 0 0 0 0 0 0
Mar-24 0 0 0 0 0 0 0 0 0 0 0 0
DEQ | Drinking Water
Run Date: 03/28/2024 15:31:57 | Rating: UTAH24020 RED WASH page 2 of 5
Water Monitoring Report
BACTERIOLOGICAL MONITORING
Disinfection ByProduct Stage 2 Monitoring
Other Distribution Monitoring
Sample Count Type Frequency Schedule Begin Schedule End Analyte Name
1 Routine Monthly 05/01/2024 COLIFORM (TCR)
Sample Count Type Frequency Sample Label
2 Routine Yearly UTAH24020 DS001 Sample ID
below
ID Site Last Sample Next Sample Due
07/01/2024-09/30/2024
Please sample in June
Analyte Name ID Sample
Count Type Frequency Last Sampled Next Sample Due
LEAD AND COPPER DS001 5 Routine 6 Months 01/01/2024 - 06/30/2024
Open Compliance Schedule
Type Required Activities Severity Created Due
Disinfection Byproduct Sample Site Plan SUBMIT DBP SAMPLE SITE PLAN 02/23/2024 03/31/2024
WELCOME TO THE CLUB LETTER
SCHEDULE
GWR CORRECT DEFICIENCY 120 DAYS SIG 03/28/2024 09/28/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
GWR CORRECT DEFICIENCY 120 DAYS SIG 03/28/2024 09/28/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
GWR CORRECT DEFICIENCY 120 DAYS SIG 03/28/2024 03/27/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
ONSITE INSPECTION/SANITARY SURVEY 03/28/2024 03/27/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
CAPACITY DEVELOPMENT EVALUATION 03/28/2024 03/27/2025
Revised Total Coliform Rule SAMPLING SITE PLAN SUBMITTAL 03/28/2024 05/01/2024
DEQ | Drinking Water
Run Date: 03/28/2024 15:31:57 | Rating: UTAH24020 RED WASH page 3 of 5
IPS 2020 Report
IPS Report
IPS Summary Total IPS Pts: 0
Admin & Physical Facilities Quality & Monitoring Significant Deficiency
0 0 0
DEQ | Drinking Water
Run Date: 03/28/2024 15:31:57 | Rating: UTAH24020 RED WASH page 4 of 5
Physical Facility Points 2020 Total Pts: 0
Facility Facility Name Status Points Effective
DS001 UTAH24020 DISTRIBUTION SYSTEM A 0.0
Code Description Severity Comments Determined Date Not
Assessed Assessed
C001 SYSTEM DIRECT
RESPONSIBLE
CHARGE OPERATORS
NOT CERTIFIED AT
THE REQUIRED LEVEL
SIG SYSTEM MUST OBTAIN A
SMALL SYSTEMS DIRECT
RESONSIBLE CHARGE
OPERATOR BY 3/27/2025.
03/28/2024 50 0
G001 UNAPPROVED
FACILITY IN SERVICE
SIG SYSTEM MUST OBTAIN OP
FOR ALL WATER SYSTEM
FACILITIES BY 9/28/2025
03/28/2024 50 0
WS002 UTAH24012 VERNAL CITY (HAULED)A 0.0
Code Description Severity Comments Determined Date Not
Assessed Assessed
S001 UNAPPROVED
SOURCE IN SERVICE
SIG SYSTEM MUST OBTAIN OP
BY 9/28/2025
03/28/2024 200 0
Operator Certification
Type Level Required Highest Certificate
Distribution
Treatment
Open Compliance Schedule
Type Required Activities Severity Created Due
Disinfection Byproduct Sample Site Plan SUBMIT DBP SAMPLE SITE PLAN 02/23/2024 03/31/2024
WELCOME TO THE CLUB LETTER
SCHEDULE
GWR CORRECT DEFICIENCY 120 DAYS SIG 03/28/2024 09/28/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
GWR CORRECT DEFICIENCY 120 DAYS SIG 03/28/2024 09/28/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
GWR CORRECT DEFICIENCY 120 DAYS SIG 03/28/2024 03/27/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
ONSITE INSPECTION/SANITARY SURVEY 03/28/2024 03/27/2025
WELCOME TO THE CLUB LETTER
SCHEDULE
CAPACITY DEVELOPMENT EVALUATION 03/28/2024 03/27/2025
Revised Total Coliform Rule SAMPLING SITE PLAN SUBMITTAL 03/28/2024 05/01/2024
DEQ | Drinking Water
Run Date: 03/28/2024 15:31:57 | Rating: UTAH24020 RED WASH page 5 of 5