DDW-2024-007395

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

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Nathan Lunstad, P.E.
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
January 19, 2024

Pines Ranch, Inc.
Alexander R. Curtis, Registered Agent
℅ Douglas Cornwall
13788 North 5400 West
Garland, Utah 84312

Subject: Compliance Agreement / Enforcement Order Pines Ranch UTAH22080

Douglas Cornwall:

We are writing to provide you with a copy of the Compliance Agreement/Enforcement Order (CA/EO) that
addresses the drinking water compliance issues currently affecting the Pines Ranch Water System
UTAH22080 (System).

The CA/EO includes milestones that the System must meet to come into compliance with the applicable
regulations. It also references stipulated penalties that will be assessed if the System does not meet the
requirements and/or the deadlines.

Please carefully review the enclosed CA/EO, sign it, and return it to the Director within 30 days of receiving
this letter. Once the document is fully executed, a copy will be returned to you for your records. Failure to
return a signed copy within 30 days of this letter may result in an administrative order issued by the director
to ensure progress toward compliance.

I encourage you to continue to work closely with our Division staff. Your primary contact is Colt Smith at
[e-mail], or [phone].

Sincerely,

Nathan Lunstad P.E.
Director
Division of Drinking Water

cc: Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Nathan Brooks, Summit County Health Department, [e-mail]
Julie Cobleigh, Utah Division of Drinking Water, [e-mail]
Dani Zebelean, Utah Division of Drinking Water, [e-mail]
Bret Randall, Utah Attorney General’s Office. [e-mail]
Elizabeth A. Burns, Assistant Attorney General, [e-mail]
Christopher Brown, Environmental Protection Agency-Region 8, [e-mail]
EQDWMonitoring, EQDWCOA, EQDWVSA, and EQDWFS

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Pines Ranch Public Water System

COMPLIANCE AGREEMENT /
ENFORCEMENT ORDER

Docket No. UTAH22080-2024-01

This COMPLIANCE AGREEMENT / ENFORCEMENT ORDER (“CA/EO”) has been issued
by the Director of the Utah Division of Drinking Water (“Director”), under the Director’s legal
authorities described below. This CA/EO has been agreed to by Pines Ranch, Inc., a Utah non-
profit corporation, in its capacity 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 (the “Act”), 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 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 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 ratin gs 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 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.
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
The Director makes the following Findings for purposes of this CA/EO:
15. There exists approximately eight miles north-northeast of Oakley in Summit County, Utah,
a drinking water system known as Pines Ranch (the “System”) that serves a population of
approximately 100 persons. The System generally includes a spring, two steel storage tanks

totaling approximately 34,000 gallons total storage, a pump facility, and an independent
distribution system serving approximately 24 residential connections.
16. The Supplier (defined above) 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.
17. 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.
18. The System qualifies as a transient non-community system under the Utah Public Drinking
Water Rules. The maximum number of Improvement Priority System (IPS) points allowed
for this type of system is 100.
19. The Master IPS Report attached hereto describes several violations and deficiencies
associated with the System, which form the basis of this CA/EO (the “Violations and
Deficiencies”). Supplier agrees and stipulates that the information contained in the attached
IPS Report is true and correct as of the date shown on the Master IPS Report.
20. The System has a history of routine and repeat total coliform bacteria -positive samples
within its distribution system. From January 2019 through May 2022, a total of eighteen
samples tested positive for the presence of coliform bacteria. One sample result tested
positive for the presence of Escherichia coli (E. coli) present. The pattern of coliform
bacteria within the distribution system triggered multiple Level 1 and Level 2 assessments.
21. On June 21, 2022, the Division of Drinking Water issued a Required to Disinfect Letter
(Attached) to the Supplier stating that secondary disinfection was necessary to protect public
health.
22. On July 22, 2022, the Supplier and the Division agreed to a Corrective Action Plan allowing
the Supplier until July 1, 2023, to install secondary disinfection. The Supplier did not meet
this agreed-upon deadline.
23. On November 8, 2023, the Supplier asked the Director to reconsider the requirement to
disinfect designation.
24. On December 21, 2023, the Director issued a second compliance advisory rejecting the
reconsideration and advising the Supplier their system was now at risk of being rated Not
Approved due to exceeding the Improvement Priority System threshold.
25. Coliform bacteria in a distribution system pose potential health risks as they serve as
indicators of potential contamination in drinking water. Their presence suggests that
disease-causing pathogens might also be present, as coliform bacteria are commonly found
in the intestines of warm-blooded animals. Consuming water contaminated with coliform
bacteria, particularly Escherichia coli (E. coli), can result in various health issues, such as
gastrointestinal problems, including diarrhea, abdominal cramps, and nausea. In severe

cases, it can lead to more serious conditions like kidney failure or hemolytic uremic
syndrome (HUS), particularly among vulnerable individuals.
26. Secondary disinfection is crucial to mitigating these risks by ensuring water remains
effectively treated as it travels through the distribution system, eliminating any coliform
bacteria that might have entered the system, and maintaining a protective barrier against
potential pathogens. This secondary disinfection step is essential in protecting public health
by minimizing the likelihood of waterborne illnesses caused by coliform bacteria.
ORDER
Based on the foregoing Findings, the agreement of the Supplier, and good cause appearing, IT IS
HEREBY ORDERED as follows:
27. Attached hereto is Enforcement Order Schedule – UTAH22080 (“Enforcement Order
Schedule”) listing the violations and deficiencies associated with the System as well as a
description of specific corrective actions and other measures that are required for the System
to comply with the Safe Drinking Water Act and the Board’s rules, including the dates by
which such corrective actions and other measures shall be completed. The Supplier is hereby
ordered to complete all corrective actions and other measures described in the Enforcement
Order Schedule, to the satisfaction of the Director, on or before the due dates identified in
the Enforcement Order Schedule.
28. The Supplier agrees to collect all samples required by the Safe Drinking Water Act and the
Board’s rules and to report the sample results to the Director within the timeframe mandated
by rule.
29. Within 60 days after execution of this Order, the Supplier shall provide the Division of
Drinking Water with a schedule for the System to come into compliance with the
requirement to utilize secondary disinfection. The plan shall include proposed modifications
to the System, estimated costs of modifications, and a proposed plan and schedule for
project completion and compliance with secondary disinfection requirements. The plan
shall also include specific milestone dates and a final compliance date. The schedule must
be approved by the Director before construction or modifications can begin. All changes to
treatment or the source must go through the Division’s plan approval process.
30. The schedule required by paragraph 29 will be incorporated into this Order as an enforceable
requirement upon written approval by the Director.
31. The operator certification requirements are subject to change depending upon the schedule
and plan identified in paragraph 29 above.
32. Within 90 days after receipt of the Director’s approval of the schedule required by paragraph
29 above, the Supplier shall provide the Director with quarterly reports on the progress made
toward bringing the System into compliance with R309-505-7(2). Each quarterly report is
due by the 10th day of the month following the end of the relevant quarter.

33. Within ten days after completing all tasks included in the schedule required by paragraph
29, above, the Supplier shall notify the Director of the project's completion.
34. Respondent must achieve and maintain compliance with the secondary disinfection
requirement by the final date specified in the approved schedule. If implementation of the
plan fails to achieve permanent compliance, the Director may order further steps and/or seek
penalties for noncompliance.
35. This Supplier agrees to take monthly Escherichia coli (E. coli) assessment samples at Pines
Ranch Spring (WS001) during the operating period and shall continue for a minimum of 12
months until notified in writing by the Director that assessment monitoring is complete.
This schedule will begin March 1, 2024.
36. This Order shall be binding on the Supplier and any person (e.g., employee, contractor, or
other agent) acting in concert with the Supplier.
37. Respondent shall send all reporting and notifications required by this Order in writing to:
Utah Division of Drinking Water
P.O. Box 144830
Salt Lake City, Utah
84114-4830
Email: [e-mail]

GENERAL PROVISIONS
38. Based on this CA/EO, the Director hereby rates the System as “Corrective Action” status.
The “Corrective Action” rating is conditioned upon the Supplier’s adherence to the
requirements of this CA/EO, the Act, and the Public Drinking Water Rules. The Director
may re-rate the System as “Not Approved” at any time based on any violation of this
CA/EO, the Act, or the Public Drinking Water Rules.
39. Upon satisfactory compliance with the requirements in the Enforcement Order Schedule,
the Director shall issue a subsequent administrative order closing out this CA/EO and rating
the System as “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.

40. The Supplier hereby stipulates and agrees to pay, within 30 days of demand by the Director,
administrative penalties in the following amounts arising from any and all violations of this
CA/EO, on a per-day, per-violation basis:

Penalty Per Violation Per Day Period of Noncompliance
$ 250 1st through 14th day
$ 500 15th through 30th day
$1,000 31st day and beyond

41. In the event of any violation of this CA/EO with criminal negligence, within the meaning
of Utah Code § 19-4-109(7)(b), the Director reserves the right, in the Director’s sole
discretion, to seek the imposition of fines and civil penalties under that section in addition
to stipulated administrative penalties under this CA/EO.

42. Nothing in this CA/EO shall be construed as prohibiting, altering, or in any way limiting
the ability of the Director to seek injunctive relief pursuant to Utah Code § 19 -4-107(2)
arising from violations of this CA/EO, the Act, or the Utah Public Drinking Water Rules.

43. This CA/EO 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. The Director
reserves that this CA/EO is without prejudice to all rights against the Supplier that the
Director may have pertaining to matters not addressed in this CA/EO, including: (a)
violations of this CA/EO; (b) future violations of the Act or the Utah Public Drinking Water
Rules; and (c) criminal liability.

44. The Director has the jurisdiction and authority to make the findings set forth in this CA/EO
and to otherwise enforce the terms of this CA/EO.

45. The date of issuance shall be the date that this CA/EO is executed by the Director.

46. As of the date of issuance, this CA/EO shall constitute a final administrative order under the
Act and shall operate as a final adjudication upon the merits of the matters addressed herein.
In the Director’s sole discretion, violations of this CA/EO may result in the commencement
of an action for civil enforcement in state district court by the attorney general, as provided
in Utah Code Section 19-4-107. Such actions may seek injunctive or other relief, including
the imposition and collection of civil penalties as allowed by law. The Supplier agrees that
in any enforcement action, it shall not contest the finality or validity of this CA/EO or the
Director’s authority to enter it as a final administrative order under the Act.

47. The dates set forth in the Enforcement Order Schedule 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.

48. In partial or full satisfaction of the Enforcement Order Schedule, the Supplier may (a) obtain
a variance or exception as allowed by the Act and the Public Drinking Water Rules; or (b)
propose to the Director an alternate method for compliance with the Act and the Public
Drinking Water Rules. No such alternate means of compliance with the Enforcement Order
Schedule shall be accepted unless approved by the Director in writing.

49. The person signing this CA/EO on behalf of the Supplier hereby represents to the Director
that he or she has the full legal authorization to do so and agrees that the Director may rely
on this representation.

COMPLIANCE NOTICE

Compliance with the provisions of this CA/EO is mandatory. All violations of the Utah Safe
Drinking Water Act, the Drinking Water Rules, and this CA/EO shall be strictly enforced during
the time that this CA/EO remains in effect.

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Nathan Lunstad

Director

DATE:

PINES RANCH, INC.

By:

Name:

Title:

DATE:

* 0 " ' . * - ) 2 ' ' — + - @ ? v A ? A C @ C w D F ˜
Douglas Cornwall
04/10/2024
Douglas Cornwall
Board member Water Manager
at#an
unstad (Apr 10, 2024 14:5ш MDT)
04/10/2024

Enforcement Order Schedule UTAH22080

System Name: Pines Ranch
System Number: UTAH22080
Administrative Contact: Doug Cornwall
Email: [e-mail]
Phone Number: 801-608-8939

Corrective Action Requirements and Due Dates

Date of Issuance:__________________________

Distribution System, DS001

Item #1 Code Facility Deficiency Rule Citation
S001 DS001 R309-515-6(5), R309-515-7(4),
R309-500-9(2) and (3)
Corrective Action Completion Due Date
Submit documentation showing the plan required in paragraph
29 is submitted to the Director.
Within 60 days of the Date of
Issuance of this Order.

Item #2 Code Facility Violation Rule Citation
45 DS001 45 Failure Address Deficiency (GWR) R309-215-16(4)(a)
Violation Number Period Deficiency
2023-6035322 August 31, 2023 Unapproved Source In Service
Corrective Action Completion Due Date
Submit the plan required paragraph 29 is submitted to the
Director.
Within 60 days of the Date of
Issuance of this Order.

04/10/2024

IT IS SO ORDERED AND AGREED.
DIVISION OF DRINKING WATER

By:

Nathan Lunstad

Director

DATE:

PINES RANCH, INC.

By:

Name:

Title:

DATE:

* 0 " ' . * - ) 2 ' ' — + - @ ? v A ? A C @ C w D F ˜
Douglas Cornwall
04/10/2024
Board member Water Manager
Douglas Cornwall
at#an
unstad (Apr 10, 2024 14:5ш MDT)
04/10/2024

CERTIFICATE OF MAILING

CERTIFICATE OF MAILING

I certify that on this ___ day of _____________, 2024, a final, signed copy of Compliance
Advisory for Pines Ranch Inc. UTAH22080 was sent to:

Pines Ranch, Inc.
Alexander R. Curtis, Registered Agent
℅ Douglas Cornwall
13788 North 5400 West
Garland, Utah 84312

.

______________________________
Name