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HomeMy WebLinkAboutDDW-2025-009936 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 Printed on 100% rec cled a e State of Utah SPENCER J. COX Governor DIEDRE HENDERSON Lieutenant Governor Department of Environmental Quality Tim Davis Executive Director DIVISION OF DRINKING WATER Nathan Lunstad Ph.D., P.E. Director August 5, 2025 Jeremy Williams Aspen Ranch PO Box 400 Loa, Utah 84747 Subject: UTAH28037, Aspen Ranch: Notice of Violation, Arsenic MCL Exceedance - Public Notice Requirement Jeremy Williams: This letter serves as official notification that according to the Division of Drinking Water’s (the Division) records, Aspen Ranch (the supplier) is in violation of both the state and federal Maximum Contaminant Level (MCL) for arsenic, as defined in Utah Administrative Code (UAC) R309-200-5. The MCL for arsenic is 0.010 mg/L. Compliance with this standard is determined by calculating the Running Annual Average (RAA) of the most recent four quarters of sample results. The Division’s records show that the RAA for arsenic, collected from the Aspen Health Well (identified as WS001 in the Division’s database), is 0.011mg/L. This exceeds the MCL. As a result of this violation the Division Director has assessed 50 Improvement Priority System (IPS) points to the supplier. Additionally, the supplier must issue public notice to all connections served within 30 days of receiving this notice. Additional violations shall be assessed each calendar quarter that the RAA for arsenic exceeds the MCL of 0.010 mg/L. Secon Quarte 2025 Arsenic Results (m /L) 07/09/2024 10/08/2024 01/07/2025 04/09/2025 Arsenic 0.0105 0.0104 0.0105 0.0108 Second Quarter 2025 arsenic Running Annual Average (RAA): 0.011 Required Actions by Rule for a Tier 2 MCL Exceedance Violation With the Aspen Health Well (WS001) containing arsenic levels above the MCL, the Supplier is required by rule to perform the following: Jeremy Williams Page 2 of 3 August 5, 2025 1. The Supplier is required to notify its water users with the enclosed Tier 02 public notice protocol within 30 days of receiving this letter and repeat the notice every three months for as long as the violation exists. A copy of the public notice must be submitted to the Division at dbkruse@utah.gov and ddwreports@utah.gov prior to distribution. Public notice shall be issued no later than 30 days from August 5, 2025. 2. Enact one of the following mitigation measures: a. Identify and implement operational strategies that can minimize arsenic exposure. b. Identify possible alternative sources for drinking water. Please be aware any permanent treatment option must comply with the Division’s plan review process including submittal of design, engineering plans and specification, and obtaining plan approval (prior to construction) and then requesting and obtaining an operating permit prior to placing any facility into service. Please contact John Chartier P.E. at jchartier@utah.gov or 435- 559-1969 if you have any questions regarding the potential plan review requirements. Arsenic is a naturally occurring element found in the earth's crust, and its presence in drinking water can pose a significant risk to public health. Long-term exposure to arsenic is associated with an increased risk of various cancers, including those of the bladder, lungs, liver, and skin, as well as non-cancerous effects like skin lesions, cardiovascular disease, and diabetes. The toxicity of inorganic arsenic can damage cells and their DNA, potentially leading to the development of these adverse health conditions. Therefore, regulatory standards are in place to limit arsenic levels in drinking water and protect public health. Regular monitoring and appropriate water treatment are essential to minimize exposure and ensure the safety of the drinking water supply. Jeremy Williams Page 3 of 3 August 5, 2025 Please contact David Kruse at (385) 566-7789 or (dbkruse@utah.gov) if you have any questions or need assistance. Sincerely, Mark Berger Monitoring and Standards Section Manager Enclosures: Tier Two Public Notice Template and Instructions Master IPS Report cc: Jeremy Williams, jeremy@legacyoutdooradventures.com Eric Larsen, Central Utah Public Health Department John Chartier, P.E District Engineer Mark Berger, Division of Drinking Water, mberger@utah.gov David Kruse, Division of Drinking Water, dbkruse@utah.gov Instructions for Chemical or Radiological MCLs Notice Tier 2 Template on Reverse Since exceeding chemical or radiological maximum contaminant levels (MCLs) is a Tier 2 violation, you must provide public notice to persons served as soon as practical but within 30 days after you learn of the violation (R309-220-6(2)). You must issue a repeat notice every three months for as long as the violation persists. The Division of Drinking Water may have more stringent requirements for MCL violations; e.g., it may require you to provide water from an alternate source. Check with your agency to make sure you meet all requirements. Use the Fluoride MCL – Tier 2 template for fluoride MCL violations. Community systems must use one of the following methods (R309-220-6(3)): Χ Hand or direct delivery Χ Mail, as a separate notice or included with the bill Non-community systems must use one of the following methods (R309-220-6(3)): Χ Posting in conspicuous locations Χ Hand delivery Χ Mail In addition, both community and non-community systems must use another method reasonably calculated to reach others if they would not be reached by the first method (R309-220-6(3)). Such methods could include newspapers, e-mail, or delivery to community organizations. If you mail, post, or hand deliver, print your notice on letterhead, if available. The notice on the reverse is appropriate for hand delivery or mail. However, you may wish to modify it before using it for posting. If you do, you must still include all the required elements and you may not modify the mandatory health effects language (R309-220-8(4)). Corrective Action In your notice, describe corrective actions you are taking. Do not use overly technical terminology when describing treatment methods. Listed below are some steps commonly taken by water systems with chemical or radiological violations. Use one or more of the following actions, if appropriate, or develop your own: Χ We are working with [local/state agency] to evaluate the water supply and researching options to correct the problem. These options may include treating the water to remove [contaminant] or connecting to [system]=s water supply. Χ We have stopped using the contaminated well. We have increased pumping from other wells, and we are investigating drilling a new well. Χ We will increase the frequency at which we test the water for [contaminant]. Χ We have since taken samples at this location and had them tested. They show that we meet the standards. Repeat Notices If this is an ongoing violation and/or you fluctuate above and below the MCL, you should give the history behind the violation, including the source of contamination, if known. List the date of the initial detection, as well as how levels have changed over time. If levels are changing as a result of treatment, you can indicate this. After Issuing the Notice Make sure to send the Division of Drinking Water (PO Box 144830, SLC, UT 84114-4830)a copy of each type of notice and a certification that you have met all public notification requirements within ten days after issuing the notice (R309-105-16(3)). IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER [System] Has Levels of [Contaminant] Above Drinking Water Standards Our water system recently violated a drinking water standard. Although this is not an emergency, as our customers, you have a right to know what happened, what you should do, and what we are doing to correct this situation. We routinely monitor for the presence of drinking water contaminants. Testing results we received on [date] show that our system exceeds the standard, or maximum contaminant level (MCL), for [contaminant]. The standard for [contaminant] is [MCL]. The average level of [contaminant] over the last year was [level]. or [Contaminant] was found at [level]. What should I do? • You do not need to use an alternative (e.g., bottled) water supply. However, if you have specific health concerns, consult your doctor. What does this mean? This is not an immediate risk. If it had been, you would have been notified immediately. However, [Insert relevant health effects language from Appendix B.] What happened? What is being done? [Describe corrective action.] We anticipate resolving the problem within [estimated time frame]. For more information, please contact [name of contact] at [phone number] or [mailing address]. Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. This notice is being sent to you by [system]. Water System ID#: ___________. Date distributed: Utah Department Of Environmental Quality Division Of Drinking Water Admin Contacts IPS 2020 Report IPS Report ASPEN RANCH PWS ID: UTAH28037 Rating: Approved 11/15/1999 Active Legal Contact LEGACY OUTDOOR ADVENTURE JEREMY B WILLIAMS PO BOX 400 LOA, UT 84747 Phone: 435-836-2080 County: WAYNE COUNTY System Type: Non-Transient Population: 65 Site Updates Last Inventory Update: 10/07/2024 Last Surveyor Update: 10/01/2024 Surveyor: JASON BAGLEY Operating Period: 1/1 - 12/31 Last IPS Update: 08/05/2025 14:10:00 Consumptive Use Zone Irrigation Zone: null Date: Name Title Office Emergency Email WILLIAMS, JEREMY B 435-491-0273 jeremy@legacyoutdooradventures.co m IPS Summary Total IPS Pts: 55 Admin & Physical Facilities Quality & Monitoring Significant Deficiency 5 50.0 0 DEQ | Drinking Water Run Date: 08/05/2025 14:46:45 | Rating: Approved UTAH28037 ASPEN RANCH page 1 of 2 Physical Facility Points 2020 Total Pts: 5 Facility Facility Name Status Points Effective WS001 ASPEN HEALTH WELL A 5.0 Code Description Severity Comments Determined Date Not Assessed Assessed SP04 ACTIVE SOURCE LACKS APPROVED UPDATES TO DWSP PLAN MIN 10/01/2018 5 Chemical Monitoring Rule Violations Total Pts: 50 Facility Violation No.Period Violation Type Seasonality Point Effective WS001 2025- 4002858 04/01/2025-06/30/2025 Determined: 07/28/2025 [02] MCL, AVERAGE Analyte/Group: ARSENIC P 50.0 Operator Certification Type Level Required Highest Certificate Distribution Small System Small System Treatment Open Compliance Schedule Type Required Activities Severity Created Due Lead Consumer Notice SUBMIT LCN CERTIFICATE 06/01/2023 12/29/2023 Complete PFAS Initial Monitoring SUBMIT PFAS INITIAL MONITORING SAMPLES 04/26/2024 04/26/2027 DEQ | Drinking Water Run Date: 08/05/2025 14:46:45 | Rating: Approved UTAH28037 ASPEN RANCH page 2 of 2