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HomeMy WebLinkAboutDDW-2025-008628 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114- Telephone (801) 536-4200 • Fax (801) 536-4211 • T.D.D. (801) 903- www.deq.utah.gov Printed on 100% recycled paper State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Tim Davis Executive Director DIVISION OF DRINKING WATER Nathan Lunstad, Ph.D., P.E. Director August 19, 2025 Andrew Tendick Bucks Grill House 857 S. Main St. Salt Lake City, UT 84111 Subject: Notice of IPS Point Exceedance and Potential Water System Not Approved Rating Change; Bucks Grill House, UTAH10018 Please be advised that a response is requested within 30 days of receiving this certified mail. Dear Andrew Tendick, This letter serves to inform you that the Bucks Grill House, UTAH10018, currently has 120 IPS points assessed. The Improvement Priority Systems (IPS) sets points for compliance requirements based on the risk to public health and thresholds based on the type of system. The Bucks Grill House Water current score exceeds the 100 points for the Transient Non-Community system type as set in R309-400. The Division of Drinking Water (the “Division”) intends to rate Bucks Grill House “Not Approved” if there is no response to the Division within 30 calendar days of receiving this notice. Your response may include any of the actions listed below to prevent a Not Approved Order: 1. Ask the Director for reconsideration by providing additional information to the Division demonstrating the attached IPS report needs to be revised. 2. Correct any outstanding noncompliance items in the attached report and submit evidence of its correction to the Division. This can include taking any missing chemical samples, correcting any deficiencies, and/or submitting any evidence that violations or deficiencies were issued in error. 3. Request a Corrective Action Plan (CAP) through requestcap.utah.gov. This informal agreement between the System and the Division establishes a schedule to allow more time to correct unresolved significant deficiencies in the attached report. A CAP is not available for violations or minor deficiencies. 4. If the system has violations or has failed a previously executed CAP, the system must enter into a Compliance Agreement/Enforcement Order (CA/EO). A CA/EO is formal enforcement and establishes a schedule for systems to return to compliance. The System is Bucks Grill House Page 2 typically rated “Corrective Action” rather than “Not Approved” and has input on timelines for meeting compliance deadlines. For inquiries regarding a CA/EO, please contact Colt Smith at (385) 515-1529 or acsmith@utah.gov. Failure to respond to the Division within 30 calendar days from the receipt of this notice may result in the following: 1. The Director issuing a formal enforcement order rating your water system’s rating “Not Approved.” a. The Not Approved Order is a formal administrative notice and provides the Director the ability to issue penalty amounts of up to $1,000 per violation per day. b. This Not Approved Order, at a minimum, requires a system to issue public notice every 90 days informing their customers of the “Not Approved” rating. 2. The Director may assess an additional 25 to 200 IPS points to your water system for failing to protect public health. 3. The Division may refer the System to the Utah Attorney General for civil action in district court, asking for an injunction to ensure compliance with the State and Federal Safe Drinking Water Act. 4. Failure to respond may also result in the U.S. Environmental Protection Agency taking federal enforcement action to address the noncompliance shown in the attached report. This notice serves as a courtesy to your water system, allowing them to come into compliance voluntarily. This notice is a compliance advisory, is not an agency action, and does not trigger any legal rights and/or remedies for the System. Additionally, nothing in this notice prevents the Director from initiating formal enforcement at any time in the process. We urge you to take immediate action on this matter. Compliance with the standards and regulations for drinking water, as outlined in the Utah Safe Drinking Water Act, the Utah Drinking Water Rules, and the Federal Safe Drinking Water Act, is essential to ensure safe, reliable drinking water and to protect public health. We are dedicated to working together with you to help you come into compliance. If you require assistance in responding to this notice, please contact Brandi Smith at (385) 515- 1650 or brandismith@utah.gov. Sincerely, Nathan Lunstad, Ph.D., P.E. Director, Division of Drinking Water Bucks Grill House Page 3 Enclosure: August 2025 IPS Report cc: Andrew Tendick, Bucks Grill House, Proper Brewing, andrew@properbrewingco.com Orion Rogers, Southeast Utah Health Department, orogers@utah.gov Curtis Page, P.E., District Engineer, Division of Drinking Water, cmpage@utah.gov Bret F. Randall, Assistant Attorney General, bfrandall@agutah.gov Brandi Smith, Division of Drinking Water, brandismith@utah.gov EQDWMonitoring, EQDWCOA, and EQDWFS Bucks Grill House Page 4 Check off Workflow - Check once complete and sign initials Date: 08/14/2025 ● Rating Change Warning Letter Editor (Brandi) BS ● Review of Rating Change Warning Letter Rules Management (Helen) ● Review and add Engineer to Rating Change WL (Curtis Page) ● Review warning letter-field services (Ryan) ● Review Warning letter-Rules (Mark) ● Review of Rating Change WL (Colt Smith for VSA) ● Send Final Rating Change WL draft to Steph (Brandi) ● Review and send to Director for Review and Signature (Steph) ● Send Finalized Rating Change WL with signature to Brandi for Mailing (Steph) ● Obtain finalized WL with signature and attach updated IPS report (Brandi) ● Email Rating Change WL and IPS to all CC parties (Brandi) ● Send the Coordinator the finalized WL and IPS for mailing (Brandi) ● Mail finalize WL and IPS to Water System (Ginger) Utah Department Of Environmental Quality Division Of Drinking Water Admin Contacts IPS 2020 Report IPS Report BUCKS GRILL HOUSE PWS ID: UTAH10018 Rating: Approved 05/07/2025 Active Legal Contact BUCKS GRILL HOUSE ANDREW TENDICK 857 S MAIN STSALT LAKE CITY, UT 84111 Phone: 435-828-5310 County: GRAND COUNTY System Type: Transient Non-Community Population: 92 Site Updates Last Inventory Update: 04/01/2024 Last Surveyor Update: 05/06/2025 Surveyor: CURTIS PAGE Operating Period: 1/1 - 12/31 Last IPS Update: 08/20/2025 07:10:00 Consumptive Use Zone Irrigation Zone: null Date: Name Title Office Emergency Email TENDICK, ANDREW 801-828-5310 andrew@properbrewingco.com IPS Summary Total IPS Pts: 120 Admin & Physical Facilities Quality & Monitoring Significant Deficiency 70 50 0 DEQ | Drinking Water Run Date: 08/20/2025 11:44:22 | Rating: Approved UTAH10018 BUCKS GRILL HOUSE page 1 of 2 Physical Facility Points 2020 Total Pts: 70 Facility Facility Name Status Points Effective DS001 UTAH10018 DISTRIBUTION SYSTEM A 60.0 Code Description Severity Comments Determined Date NotAssessed Assessed M004 CCC-NO ANNUALPUBLIC EDUCATIONOR AWARENESS MIN No documentation ofemployee training.05/06/2025 15 M005 CCC-LACKSOPERATOR TRAINING MIN Operator does not havetraining.05/06/2025 15 M006 CCC-LACKS WRITTENRECORDS OF CCCACTIVITIES MIN No records of crossconnection control activities.05/06/2025 15 M007 CCC-LACKS ON-GOINGENFORCEMENTIMPLEMENTATION MIN No records of ongoingenforcement.05/06/2025 15 C002 OPERATOR NOTAVAILABLE WITHIN 1HOUR TRAVEL TIME MIN No certified operator. 05/06/2025 0 WS001 WELL #1 A 10.0 Code Description Severity Comments Determined Date NotAssessed Assessed S015 WELL LACKS AMEANS TO MEASUREWATER LEVELSPERIODICALLY MIN There is no means tomeasure well water depth.09/30/2013 5 SL01 WELL THAT PUMPSDIRECTLY TODISTRIBUTION LACKSA MEANS TORELEASE TRAPPEDAIR MIN The well pumps directly into ahydropneumatic tank with nomeans to release trapped airfrom the pump dischargepiping. 09/30/2022 5 Microbial Rule Violations Total Pts: 50 Determined Compliance Period Code Violation Type Return ToCompliance Point Effective 11/20/2024 09/01/2024 - 09/30/2024 3A MONITORING, ROUTINE,MAJOR (RTCR)N 25 12/24/2024 11/01/2024 - 11/30/2024 3A MONITORING, ROUTINE,MAJOR (RTCR)N 25 Operator Certification Type Level Required Highest Certificate Distribution Treatment DEQ | Drinking Water Run Date: 08/20/2025 11:44:22 | Rating: Approved UTAH10018 BUCKS GRILL HOUSE page 2 of 2