DDW-2025-005532

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
December 16, 2024
The Canyons RV Homeowners Association Attn: Karen Crook 20 North Main Street Ste. 100
PO Box 3333
St. George, Utah 84770
Subject: Initial Order for New Public Water System for Canyons RV Resort (UTAH27117)
Dear Karen Crook:
According to information supplied in the New Public Drinking Water System Form submitted by Karen Crook on August 31, 2024, The Canyons RV Homeowners Association, a Utah, nonprofit corporation, is the owner and/or operator of the Canyons RV Resort (UTAH27117)
meets the definition 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. The Canyons RV Resort currently has 80 residential connections serving approximately 110 year-round residents. As a result, the Director of the Division of Drinking Water (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 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.
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
The Canyons RV Homeowners Association December 16, 2024 Page 2 of 3
In all correspondence with our office and the laboratories, please indicate the public water system number. The number for your water system is UTAH27117. 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.
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 toaccess current system information, including the system’s inventory, monitoring
schedules, IPS Report, operator records, and the system’s Bacteriological record forthe last 12 months. To get full use out of these tools, you will need to create aWaterlink portal account. You can do this by navigating to the Public/Portals menuon 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. Theserecords 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 wehave on record for your system. Please call the Division at [phone] if youhave 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].
The Canyons RV Homeowners Association December 16, 2024 Page 3 of 3
Sincerely,
Nathan Lunstad Ph.D., P.E. Director Division of Drinking Water
Enclosures: Initial Order for New Public Water Systems Improvement Priority System (IPS) Report
Water System Inventory Report Water System Monitoring Report Division of Drinking Water Contact List Utah Certified Laboratories Disinfection Byproducts Sample Plan Template Disinfection Byproducts Guide
Revised Total Coliform Rule Sample Site Plan Template Capacity Development Worksheets
cc: Kimberly D. Shelley, Utah Department of Environmental Quality, [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] Dave Smith, Canyons RV Resort HOA President, [e-mail] HOA Living, Registered Agent, 20 North Main Street STE 100, St. George, Utah, 84770 Ken Richins, Hurricane City, [e-mail]
Jermey Roberts, Southwest Utah Public Health Department, [e-mail] Bret F. Randall, Assistant Attorney General, [e-mail] David McKnight, Assistant Attorney General, [e-mail] Christopher Brown, EPA Region 8, [e-mail] Paul Wright, P.E., Utah Department of Environmental Quality, [e-mail] EQDWMonitoring, EQDWCOA, and EQDWFS
1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER
In the Matter of:
Canyons RV Resort, a Utah Public Water System (UTAH27117)
INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM
Docket No. UTAH27117-2024-01
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 The Canyons RV Homeowners Association, 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”) hasdetermined that the state has adopted and can implement a state program that is no lessstringent than the federal public drinking water program (“Primacy”).
2)The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at UtahCode § 19-4-101, with the intent of achieving Primacy.
3) Utah Code § 19-4-104 authorizes the Utah Drinking Water Board (the “Board”), amongother things, to make rules regulating public water systems in the state of Utah. UtahCode § 19-4-104(1)(c)(vi) charges the Board to “meet the requirements of federal lawrelated or pertaining to drinking water.” The Board has promulgated the Utah PublicDrinking 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, thatthe Utah public drinking water program met the federal requirements for Primacy. See 45Fed. Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPAAdministrator has reviewed, and continues to review annually, the Utah public drinkingwater 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 WaterRules, UAC R309-110-4.
6)UAC R309-100-7 requires the Director to “assign a rating to each public water supply inorder to provide a concise indication of its condition and performance” in accordance
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
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 watersystem’s performance and compliance with the drinking water rules in Title 309,Environmental Quality, Drinking Water.” UAC R309-400-3(1). Under the IPS ratingsystem, 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 complianceratings to public water systems and to prioritize enforcement action based on pointsassessed 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 systemestablished by the Board. Generally, the number of points represents the threat to thequality 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 systemmay 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 watersystems, 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 “CorrectiveAction” 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 theBoard 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 natureof 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 ordermade 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.

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
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 thejurisdiction of the state agency with enforcement primacy. In directing federal facilities tobe subject to and to comply with all state requirements “in the same manner and to thesame 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 SafeDrinking Water Act) and rules that implement the federal act. Thus, the Director isrequired to assert jurisdiction over the Supplier in this matter in the same manner and tothe 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) The Canyons RV Homeowners Association (“Respondent”) is a Utah non-profitcorporation. Based on public records on file with the Utah Division of Corporations:
a)Respondent has the following registered business address: 20 North Main StreetSTE. 100, PO Box 3333, St George, Ut, 84770.
b) Respondent’s Directors include Wendy Cheek, Karen Crook, Steve Terry, and
Joby Venuti, with the following address: PO Box 3333, St George, Ut, 84770.
c)The legal registered agent of Respondent is HOA Living, with the followingregistered agent address: 20 North Main Street STE. 100 St. George, Ut, 84770.
18)There exists a public water system (the “System”) located at 36 North 2770 WestHurricane, in Washington County, Utah. The System is a public water system based onthe following facts:
a)Respondent owns a year-round mobile home community. There are approximately110 full-time residents. Respondent serves culinary water to the foregoingpopulation.
b) The System has a wholesale consecutive connection to Hurricane City
(UTAH27007) and an independent distribution system serving approximatelyeighty service connections.
c)Respondent owns and operates the System and is responsible for its maintenance
and repair.
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
19) On August 30, 2024, the Respondent submitted a Supplemental Form for New PublicDrinking Water System, which was signed and submitted by Karen Crook.
20) Karen Crook 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:
21) Respondent is the owner and operator of the System, which is a public drinking watersystem within the meaning of the Utah Safe Drinking Water Act and the Utah PublicDrinking 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 community, Public Water System under the Utah PublicDrinking 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” 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 fromthe Director for the entire water system, including its drinking water sources.
25) Plan Review
a)Engineering Evaluation Report: Respondent shall submit an EngineeringEvaluation Report prepared by a Professional Engineer licensed to practice inUtah 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, storagetanks, pumps, distribution system, number of connections, water rights, Systemschematics, 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 yoursystem to ensure compliance with the current design and construction standards forpublic drinking water systems (Utah Code R309-550). The Division will use thisreport to enter all drinking water facilities into the Division’s database and to
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
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 J. Paul Wright, P.E., Utah DEQ Southwest District Engineer at
[e-mail] or 435-680-0163, if you have any questions regarding the
engineering evaluation report.
b)Operating Permit: Respondent shall complete all of the Director’s requirementsto 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 watersource if this water system is in operation and does not obtain an Operating Permitfor 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’stechnical, managerial, and financial capabilities.
b)Respondent shall comply with R309-800 by documenting the System’scapabilities using one of the methods described on the Division’s website.
Existing water systems should submit completed copies of the Capacity AssessmentEvaluation forms, located on the Division’s website at
https://documents.deq.utah.gov/drinking-water/forms/DDW-2018-003083.pdf
New or proposed water systems shall submit a business plan as described in UACR309-800-5(4) for Division review and approval within one year of the date ofissuance 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 contactDixon Ekins at [phone] ([e-mail]) for assistance related toCapacity Development/Assessment.
27) Sanitary Survey and Emergency Response
a)Sanitary Survey: Respondent shall schedule the onsite inspection/sanitary surveyon or before 365 days from the date of issuance of this order and before anoperating permit can be issued. 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.
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
b)In the event of any situation constituting an emergency, the Supplier is required tocontact 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 ofthe 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 cannotbe explained by air entrainment or re-suspension of sediments normallydeposited 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, majorwater 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 possibleemergency situations, including earthquakes, wildfires, flooding, and other naturalor 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) Source Protection Program
a)Since the System’s current source(s) is/are solely (a) consecutive connection(s),source protection requirements do not apply. If any new sources are added in thefuture, source protection requirements may apply at that time. Please call [phone] and ask to speak to the source protection staff if you have questions about this
requirement.
30) Operator Certification
A community drinking water system that serves a population of 110 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 [phone] or [e-mail].
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
31) Consumer Confidence Reports
Respondent shall prepare a consumer confidence report for the System, notify all System consumers of its availability, and make it available upon request by July 1, 2025. This report must include administrative information on the System, information on the source of water delivered, the level of detected contaminants during 2024, information
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 [phone] ([e-mail]).
32) 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 10th 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 (E. 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 [phone]
([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 submit the sample site plan to the Division of Drinking Water for review within sixty days of the date of issuance of this order. 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)Lead and Copper Monitoring
Ten 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 [phone]
([e-mail]).
d)Lead Service Line Inventory
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
Respondent is required to complete a service line records review and submit an
initial lead service line inventory by November 1, 2025. Starting in 2026,
Respondent is required to submit an updated inventory annually by November 1st of each year, until all lead status unknown service lines are identified and all lead and galvanized requiring replacement service lines are replaced.
Starting in 2025, 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 annual public notification to the Division of Drinking Water by July 1st of the following 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 [e-mail] or at [phone].
e)PFAS Monitoring
i.Respondent is required to complete initial monitoring for each entrypoint of the distribution for six PFAS substances:
-PFOA-PFOS-PFHxS-HFPO-DA (GenX)
-PFNA
-PFBS
Water systems must complete initial monitoring and begin compliance monitoring for these six PFAS by April 26, 2027, and 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 [phone] ([e-mail]).
f)Chlorination Monitoring:
i)Respondent shall submit distribution system chlorine residual resultsfor the System to the Division. Chlorine residuals shall be taken fromdifferent locations throughout the distribution system a minimum of 3 times
per week, for a total of 12 times per month, in accordance with State Rules
R309-105-10-(1)(c). The distribution system chlorine residual averages canbe reported online at https://mrdl.utah.gov. The chlorine residual data are
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
due by the tenth day of the month following each quarter, i.e., January 10th, April 10th, July 10th, and October 10th.
ii)All chlorine residuals shall remain detectable in the distribution system butshall not exceed 4.0 ppm. Please contact Luke Treutel at [phone]([e-mail]) for disinfection by-products (DBP) samplingrequirements.
g) Disinfection Byproduct Monitoring
i)Respondent shall take two (2) disinfection byproduct (DBP) samples peryear. 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).
h)Disinfection Byproduct Sample Site Plan
i)Respondent shall develop a written DBP sample site plan with at least twoDBP sample sites. Respondent shall collect the DBP samples according tothe written sample site plan. Included with this Order is a blank copy of theDisinfection 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 [phone] ([e-mail]).
i)Monitoring Schedule
i.A current monitoring schedule for the System has been enclosed.Respondent shall become current with System total coliform monitoringand submit a sample site plan to the Division by March 1, 2025, lead andcopper monitoring requirements by June 30, 2025, and DBP monitoring
requirements by September 30, 2025. Please contact Mark Berger at (801)
641-6457 ([e-mail]) for general monitoring schedule questions.
GENERAL PROVISIONS
33) 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 suchsubsequent order, the Director may also take other appropriate actions or imposeappropriate conditions based on the facts presented.
34) This Order does not in any way relieve the Supplier of any other obligation imposedunder the Act or any other state, federal, or local law, rule, or regulation.
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
35) Nothing contained in this Order shall preclude the Director from taking actions toinclude additional penalties against the Supplier for future violations of State or Federal
law.
36)The Date of Issuance shall be the date that the Director signs this Order.
37) 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 theSupplier, such as force majeure, inclement weather, contractor or supplier delays, andsimilar circumstances. However, the Director expects the Supplier to employ reasonablemeans 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
38) 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 arule or order made or issued pursuant to the Act may be subject to an administrativepenalty of up to $1,000 per day of violation or, in a civil proceeding, to a civil penalty ofup 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. Aviolator may also be subject to injunctive relief pursuant to Utah Code § 19-4-107(2).
CONTEST AND APPEAL RIGHTS
39)This Order is effective immediately and shall become final unless contested in writingwithin thirty (30) days of the date of its issuance. This Order may be contested by filinga written Request for Agency Action in accordance with UAC R305-7. Filing a request fora 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 theperiod provided waives any right of administrative contest, reconsideration, review, orjudicial appeal. An extension is only available under UAC R305-7.
40)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 andserved in accordance with UAC R305-7-104(5) within 30 days of the date of issuance ofthis 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.
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
IT IS SO ORDERED.
DIVISION OF DRINKING WATER
By:_____________________________
Nathan Lunstad Ph.D., P.E.
Director
Date:___________________________ December 16, 2024
System Name: Canyon RV Resort System Number: UTAH27117
Administrative Contact: Karen Crook Email: [e-mail] Phone Number: 801-712-5310
New System Order Due Dates
Date of Issuance:______________________
Plan Review
Item 25a 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
Paul Wright
[phone] [e-mail]
Item 25b 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
Paul Wright [phone] x314
[e-mail]
3.Capacity Development Evaluation
Item 26 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 [e-mail]
December 16, 2024
4.Sanitary Survey and Emergency ResponseItem 27 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 [e-mail]
7.Operator CertificationItem 30 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
[e-mail]
8.Consumer Confidence Report
Item 31 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, 2025
Division of Drinking Water Contact
Brandi Smith [e-mail]
9.Monitoring and Reporting
Item 32a 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 March 1, 2025
Division of Drinking Water Contact
Sitara Federico 385-515-1459
[e-mail]
Item 32b 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 December 1, 2025
Division of Drinking Water Contact
Sitara Federico
[e-mail]
Item 32c 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 June 30, 2025
Division of Drinking Water Contact
Dylan Martinez [e-mail]
Item 32d Lead Service Line Inventory Rule Citation
Action Completion Due Date
The respondent shall submit the updated lead service line inventory. By November 1, 2025
The respondent shall submit the certificate of delivery for the public notice. By July 1, 2026
Division of Drinking Water Contact
Atie Amirgol 385-303-6474
[e-mail]
Item 32f Chlorination Monitoring Rule Citation
R309-105-10(1)(c)
Action Completion Due Date
The respondent shall take and submit all required chlorine residual sample summaries. April 10, 2025
Division of Drinking Water Contact
Luke Treutel [phone]
[e-mail]
Item 32g 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. September 30, 2025
Division of Drinking Water Contact
Luke Treutel (385)[e-mail]
Item 32h 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. December 31, 2024
Division of Drinking Water Contact
Luke Treutel (385)[e-mail]
Item 32e 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
John Steffan [e-mail]
CERTIFICATE OF MAILING
CERTIFICATE OF MAILING
I certify that on this ___ day of _____________, 2024, a final, signed copy of the Initial Order for New Public Water System for Canyons RV Resort (UTAH27117) was sent to:
HOA Living, Registered Agent Certified Mail Number:_______________________ 20 North Main Street STE 100 St. George, Utah, 84770
Wendy Cheek Certified Mail Number:_______________________ PO Box 3333 St George, Utah, 84770.
Karen Crook Certified Mail Number:_______________________
PO Box 3333 St George, Utah, 84770.
Steve Terry Certified Mail Number:_______________________ PO Box 3333
St George, Utah, 84770.
Joby Venuti Certified Mail Number:_______________________ PO Box 3333 St George, Utah, 84770.
______________________________ Name
17 December
9589 0710 5270 2162 3684 69
9589 0710 5270 2162 3684 76
9589 0710 5270 2162 3684 76
9589 0710 5270 2162 3684 76
9589 0710 5270 2162 3684 76
Ginger Hislop