DDW-2024-007122

March 26, 2024
Wellington RV LLC
℅ Steven W. Farnsworth
180 North University Avenue. Ste 260
Provo, UT 84601
Subject: Initial Order for New Public Water System for Wellington RV Park UTAH04061
Dear Steven W. Farnsworth:
According to information provided in the New Public Water System Form submitted on November 4,
2022, the Wellington RV Park has approximately 85 current service connections with plans to add an
additional 77 more in a future phase and an independent distribution system. This constitutes a public
water system. The Utah Division of Drinking Water (the “Division”) has determined Wellington RV, LLC,
a Utah 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 is legally required to initiate a formal
administrative process to recognize the system as a new public water system and ensure that it complies
with state and federal drinking water regulations. As part of that process, I have attached an Initial Order
for New Public Water System explaining the system requirements.
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 can 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 yours, 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.
Please indicate the public water system number in all correspondence with our office and the laboratories.
The number for your water system is UTAH04061 . 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 [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Wellington RV LLC
Page 2 of 2
March 13, 2024
Enclosed is 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 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 [phone] or [e-mail].
● 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 [phone] 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 [phone] or [e-mail]. To contest or appeal this Order, please contact Bret
Randall of the Attorney General’s office at [phone] or [e-mail] (alternatively,
Elizabeth Burns of the Attorney General’s office at [phone] or [e-mail]).
Sincerely,
Nathan Lunstad P.E.
Director
Division of Drinking Water
Enclosures: Initial Order for New Public Water Systems
Improvement Priority System (IPS) Report
Inventory List
Total Coliform Sample Site Plan Template
cc: McKay Quinn, Quinn Interests LLC, [e-mail]
Terry Smith, Rural Water Association of Utah, [e-mail]
Ty Leydig, Rural Community Assistance Corporation, [e-mail]
Shauna Benvegnu-Springer, Utah Division of Public Utilities, [e-mail]
Brandon Mellor, Utah Division of Water Rights, [e-mail]
Rachel Shilton, Utah Division of Water Resources, [e-mail]
Orion Rogers, Southeast Utah Health Department, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail] -or
Elizabeth A. Burns, Assistant Attorney General, [e-mail]
Christopher Brown, EPA Region 8, [e-mail]
Russell Seeley, Utah Department of Environmental Quality, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Wellington RV Park, a Utah Public Water
System (UTAH04061)
INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM
Docket No. UTAH04061-2024-01
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 Wellington RV, LLC, a Utah 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. Wellington RV, LLC (“Respondent”) is a Utah limited liability company. Based on
public records on file with the Utah Division of Corporations:
(a) Respondent has the following registered business address: 4665 West Country
Club Drive, Highland, Utah 84003
(b) The legal registered agent of Respondent is Steven W. Farnsworth, with the
following registered agent address: 180 North University Avenue., Ste 260, Provo,
UT 84601.
(c) The manager position registered with the Utah Division of Corporations is Quinn
Interests LLC with the following address: 4665 West Country Club Drive,
Highland, Utah 84003
18. A public water system (the “System”) exists at 350 East Main Street, Wellington in
Carbon County, Utah. The System is a public water system based on the following facts:
(a) Respondent owns a recreational vehicle overnight camping site with restrooms and
a clubhouse. There are approximately 330 transient customers. Respondent serves
culinary water to the foregoing population.
(b) The System has as its source a consecutive wholesale connection to Wellington
City UTAH04011 and an independent distribution system serving approximately
165 service connections.
(c) On February 26, 2024, the Division issued Respondent an Operating Permit related
to the System, including approval of the use of an independent distribution system
(DS001) serving approximately 85 service connections.
(d) Respondent owns and operates the System and is responsible for its maintenance
and repair.
19. On November 4, 2022, the Respondent submitted a Form for a New Public Drinking
Water System signed and submitted by McKay Quinn.
20. McKay Quinn 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 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 “Approved” 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) Plan Approval: This water system received Plan Approval from the Division on
May 17, 2023, indicating that the proposed plans comply with the applicable
portions of Utah’s Administrative Rules for Public Drinking Water Systems in
UAC R309.
(b) Operating Permit: This water system received an Operating Permit from the
Division on February 26, 2024, allowing the system to be placed into service.
26. Capacity Development Evaluation
(a) Drinking Water Rule UAC R309-800 requires an assessment of a new water
system’s technical, managerial, and financial capabilities.
(b) Respondent shall comply with UAC 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) 536-0069 ( [e-mail] )
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 . Please
contact Ryan Dearing at 801-419-6785 or [e-mail] if you have any
questions regarding the scheduling of the onsite inspection or engineering review.
The last site visit on record was performed by Russ Seeley on January 25, 2024.
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
UAC 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 [phone] ( [e-mail] ).
29. 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 Escherichia 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
( [e-mail] ).
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 [phone] ( [e-mail] ).
c. Chlorine Residual Monitoring
i. Respondent shall collect and report chlorine residual results from the
distribution system to the Division. Chlorine residuals shall be taken from
different locations throughout the distribution system a minimum of three
times per week, for a total of 12 times per month in accordance with UAC
R309-105-10-(1)(c). 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. The distribution system chlorine residuals can be
reported via the online form at https://mrdl.utah.gov .
ii. All chlorine residuals shall remain detectable in the distribution system but
shall not exceed 4.0 ppm. Please contact Luke Treutel at [phone]
([e-mail]) for assistance with chlorine residual monitoring and
reporting requirements.
d. 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. Please contact Mark Berger at
[phone] ( [e-mail] ) for general monitoring schedule questions.
GENERAL PROVISIONS
30. 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.
31. 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.
32. 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.
33. The Date of Issuance shall be the date that the Director signs this Order.
34. 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
35. 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
36. 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.
37. 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 26, 2024
System Name: Wellington RV Park
System Number: UTAH04061
Administrative Contact: McKay Quinn
Email: [e-mail]
Phone Number: 435-709-1804
New System Order Due Dates
Date of Issuance: March 26, 2024
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
[e-mail]
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
[e-mail]
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
[e-mail]
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
[e-mail]