DDW-2025-010367

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
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Tim Davis
Director

March 3, 2021

Allan Thompson
Bothwell Cemetery & Water Corporation
11865 North 10800 West
Tremonton, UT 84337

Subject: Administrative Order: “Approved” Rating Determination for Bothwell Cemetery
& Water Corporation UTAH02003

Dear Allan Thompson:

The Division of Drinking Water would like to inform the Bothwell Cemetery & Water
Corporation of our decision to change its status to the “Approved” rating in accordance with the
Utah Drinking Water Rules. Enclosed is the Administrative Order: “Approved” Rating
Determination.

We appreciate the efforts you have taken to be in compliance with Utah’s Drinking Water Rules.
Those rules were adopted to ensure safe, reliable drinking water and to protect public health. My
staff and I stand ready to continue to assist you. Please contact us if there is anything we can do
to support you.

Sincerely,

Tim Davis
Director, Division of Drinking Water

BS/cp/mu/nl/as/bs

Enclosures: Administrative Order: “Approved” Rating Determination

cc: Ben Harker, Bear River Health Department, [e-mail]
Hunter Payne, Division of Drinking Water, [e-mail]
Allan Thompson, Bothwell Water, [e-mail]
Brandi Smith, Division of Drinking Water, [e-mail]
Mimi Ujiie, Division of Drinking Water, [e-mail]

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Bothwell Cemetery & Water Corporation

ADMINISTRATIVE ORDER:
“APPROVED” RATING
DETERMINATION

Docket No. UTAH02003

This ADMINISTRATIVE ORDER: “APPROVED” RATING DETERMINATION
(“Order”), relating to the Bothwell Cemetery & Water Corporation (the “System”), has been
issued by the Director of the Utah Division of Drinking Water (“Director”) based on the
authorities and findings provided herein. Notice of this Order is being provided to Allan
Thompson, an Administrative Contact, as the “Supplier” who is legally responsible for the
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.
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6. UAC R309-100-7 directs 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
with R309-400. This rule is generally known as the Improvement Priority Rating (“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 R309-400-4(1)(a)(ii) directs the Director to establish “the point thresholds for
assigning an Approved or Not Approved rating for each type of water system.” For
systems exceeding the point threshold, the Director may 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.
9. UAC R309-400-4(4) allows the Director to assess points against public water systems
upon their failure to comply with Division directives and orders.
10. UAC R309-400-5(1)(b)(ii) allows the Director to rate any public water system as “Not
Approved” at any time if an immediate threat to public health exists.
11. UAC R309-400-5(1)(c) provides that a public water system may qualify for a “Corrective
Action” rating for its public water system “based on a current, written agreement with the
division to resolve underlying noncompliance according to a compliance schedule.”
12. 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.
13. Utah Code § 19-4-107 provides that upon discovery of any violation of the Act or a rule
of the, 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.
14. 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.
FINDINGS
Based on information in the Division’s administrative files, the Director makes the following
Findings for purposes of this Order:
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1. The System is a public drinking water system within the meaning of the Utah Safe
Drinking Water Act and the Utah Public Drinking Water Rules.
2. The Supplier is the owner and/or operator of the System and is therefore legally
responsible for the System and for compliance with applicable laws, rules, and
regulations.
3. The System qualifies as a Community system under the Utah Public Drinking Water
Rules. The maximum number of points allowed for this type of system is 150.
4. The System is currently rated as “Corrective Action”.
5. For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System
has been assigned 0 points. This number is below the threshold provided in the IPS Rule.
The Master IPS Report is incorporated herein by this reference.
6. On May 8, 2020, the Supplier entered into a Compliance Agreement/Enforcement Order
“CA/EO” relating to the System. As reflected in the Master IPS Report and Division
records, the Supplier has achieved compliance with the requirements CA/EO.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as
follows:
1. The System is hereby rated as “Approved” under the Utah Public Drinking Water Rules.
2. The CA/EO dated May 8, 2020 is hereby closed.
GENERAL PROVISIONS

1. This Order does not in any way relieve the Supplier from any other obligation imposed
under the Act or any other state, federal, or local law, rule, or regulation.
2. 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.
3. The Date of Issuance shall be the date that this Order is signed by the Director.
CONTEST AND APPEAL RIGHTS

1. This Order is effective immediately and shall become final unless the Supplier
contests its validity or correctness in writing within thirty (30) days of the date of its
issuance. See Utah Code Utah Code § 63G-4-102(2)(k). The validity or correctness of
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 the
validity or correctness of this Order. A request for Agency Action must include the
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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 operates waives any right of administrative contest, reconsideration, review or
judicial appeal. An extension is only available under UAC R305-7.
2. 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.
DATED this 3rd day of March, 2021.

DIVISION OF DRINKING WATER

By:
Tim Davis
Director, Division of Drinking Water