Enforcement: DDW Rules

Utah’s partnership with the EPA to maintain primacy with the Safe Drinking Water Act requires the Division of Drinking Water to have an active enforcement program. Enforcement is used to compel to provide safe water that meets drinking water rules and standards. Utah DDW prefers to take a collaborative approach to enforcement by providing technical assistance and resources to water systems as a means to protecting public health. Utah Division of Drinking Water Enforcement uses both the Utah Improvement Priority System point threshold and the EPA Enforcement Targeting Tool (ETT) to set priorities for enforcement systems.

Improvement Priority System (IPS)

The Improvement Priority Systems (IPS) rule is a Utah Specific Rule that allows regulators, stakeholders, and water operators to assess a system’s holistic compliance status. The IPS rule adds points to a water system for any given violation or deficiency. The point totals are based on the violation or deficiency’s likely risk to public health. A water system has a set threshold of points based on systems type and if a water system exceeds that threshold, it becomes a candidate for enforcement as a means to protect public health.

IPS Point Thresholds

  • Community System -150
  • Non-Transient Non-Community-120
  • Transient Non-Community – 100

For more information visit ips.utah.gov

Corrective Action Plans (CAP)

A corrective action plan is considered informal enforcement and works as an extension for water system to make the necessary repairs or operational changes to a significant deficiency or sanitary defect. The standard maximum timeline to correct a deficiency on a CAP is 12 months. The water system can request a CAP here. Once approved for a CAP the system has fourteen days to sign and return the CAP and for it to be made effective.

Deficiencies that require a Compliance Agreement Order (CA/EO)

These deficiencies are considered a severe enough risk to public health that they are not eligible for a CAP and require a Compliance Agreement Enforcement Order (CA/EO) for more to time to reach compliance.

  • D003 Distribution System unable to provide 20 PSI min pressure for water lines constructed before 01/01/2007.
  • D010 Distribution System unable to provide 40 PSI during peak day and 20 PSI during fire flow
  • D016 Distribution System line connected to or subject to contamination.
  • G001 Unapproved facility in service
  • M011 Unapproved Water Hauling as a source for community system
  • M015 Confirmed water borne illness as a result of public drinking water contamination.
  • M025 Unapproved interconnection with another water system
  • S001 Unapproved Source in service
  • TD25 Disinfection required but is intermittent or not continuous.
  • TG35 Cross connection between untreated water and finished water.
  • T096 Clear Well Inadequately Designed To Provide Required Disinfection Ct

To Request a CAP

Compliance Agreement Enforcement Order (CA/EO)

Compliance Agreement Enforcement Orders (CA/EO) are formal enforcement that change the rating of a water system to Corrective Action. A Corrective Action rating means the system is actively working toward compliance with regulators. The deadlines for completing items listed in this order are negotiated between the system and DDW. Violation of this order can result in financial penalties for the water system and result in a Not Approved rating.

To request a CA/EO or an extension to an existing CA/EO please contact Colt Smith at acsmith@utah.gov or (385) 515-1529.

Not Approved Order

A Not Approved Order is a formal enforcement order that rates a water system Not Approved. These orders are a unilateral order issued to the system by the director. These orders carry the risk of penalty for failure to comply with deadlines set in the order. Water systems have thirty days from the date of issuance to appeal the order, enter into a CA/EO, or show they have returned to compliance with the items listed in the order.

Administrative Orders

These are formal enforcement orders compelling specific action from a water system. These orders are typically issued when a water system is failing to take action to address an immediate threat to public health.

Initial New System Orders

These orders are commonly called “Welcome to the Club” or WTTC. These orders are issued when DDW learns of a water system that meets the definition of a public water system but is not currently being regulated by the Division. The order outlines specific items required of all water systems but depending upon a sanitary survey may not contain everything a water system needs in order to be compliant. The water system will have thirty days to appeal the order from the date of issuance.

For questions on a WTTC please contact Colt Smith at acsmith@utah.gov or (385) 515-1529.

System Rating

Approved

A public water system with an approved rating is a system that is considered in compliance with Utah Drinking Water standards.

Corrective Action

A corrective action rating indicates the system has entered into a CA/EO with the Division of Drinking Water and is making progress toward compliance.

Not Approved

A Not Approved rating indicates a system that has exceeded the IPS or ETT points threshold and has not entered into a compliance agreement.

Unrated

An unrated system is a new system that has received or will receive a New Initial Systems Order. A system may be unrated if it has completed the requirements in the New Systems Order or had yet an authorized DDW site visit.