Document ExYgKnm8XKgqNDmMDQ7EZmG50

Ref: 8WD-SDF SENT VIA EMAIL July 15, 2024 Joel Merritt, Owner North Forty Subdivision P.O. Box 651 Thayne, Wyoming 83127 jmerritt@silverstar.com Re: Notice of Noncompliance Ground Water Rule Failure to Complete Corrective Action PWS ID# WY5601719 C Dear Joel Merritt: The purpose of this letter is to inform you that North Forty Subdivision water system has failed to complete corrective actions to address significant deficiencies identified by the Environmental Protection Agency during a sanitary survey conducted at the North Forty Subdivision water system. Public water systems are required to correct significant deficiencies identified by EPA and to submit information regarding completion of the corrective actions to EPA, according to 40 C.F.R. 141.403 and 141.405 of the National Primary Drinking Water Regulations (NPDWR). Significant deficiencies were identified by EPA during a sanitary survey on June 10, 2021, as shown in the attached copy of the sanitary survey cover letter. The corrective actions for significant deficiencies were required to be completed according to a schedule approved by EPA. Uncorrected significant deficiencies and the EPAapproved correction schedules are shown in the following table. This is a violation of the NPDWR. Overdue Ground Water Rule Significant Deficiencies Required Completion Date 7/5/2024 7/5/2024 Description of Significant Deficiencies Well ID: WL01 - North Forty Well #1 - all openings must be sealed and watertight. The electrical conduit connection needs to be watertight using a manufactured fitting. Well ID: WL01 - North Forty Well #1 - the well must be fitted with a functioning sanitary seal and a tightly bolted cap. Date of Sanitary Survey 7/10/2021 7/10/2021 Significant Deficiency Number SD#1 SD#2 Please take the following actions: (1) Please contact EPA immediately and provide an update on the status of the uncorrected significant deficiencies identified during the sanitary survey and noted in the above table. (2) Notify your customers of this violation as soon as practical, but no later than 30 days after you learn of the violation. The public notice (PN) must be delivered either by hand or direct delivery, or by mail, as a separate notice or included in the bill. This PN must be repeated every three months for as long as the violation or situation persists. A Ground Water Rule (GWR) Failure to Take Corrective Action Within Required Time Frame Public Notice template is attached. You may also use this template in Microsoft Word, which is available at: https://www.epa.gov/region8-waterops/reporting-forms-drinking-water- systems-wyomingand-tribal-lands-epa-region-8#pn. You must also include this violation in your Consumer Confidence Report (CCR). (3) Provide our office with a copy of your public notice and certification within 10 days of completion. Please send the significant deficiency status update, public notice and certification to our office using one of the methods listed below. Include your PWS name and PWS ID# on all correspondence. Email: R8DWU@epa.gov and langenfeld.matthew@epa.gov Fax: 1-877-876-9101 Mail: Refer to the address at the top of this letter. Please use Mail Code 8WD-SDF on the envelope. You should be aware that repeated violations of the National Primary Drinking Water Regulations may result in formal enforcement action taken against your water system. If formal enforcement action becomes necessary, the Safe Drinking Water Act provides for civil penalties of up to $69,733 per day of violation. We prefer to address problems before such formal enforcement is necessary and ask for your cooperation to resolve problems quickly and effectively. If you have questions, please contact the Ground Water Rule Manager, Matthew Langenfeld at 303-312-6284, or by email at R8DWU@epa.gov and langenfeld.matthew@epa.gov. Enclosure: Sanitary Survey Cover Letter Tier 2 PN Template Correction Notice Form cc: Jason Mavy, Contract Operator Star Valley Water jason@starvalleywater.com Sincerely, ROBERT PARKER Digitally signed by ROBERT PARKER Date: 2024.07.15 16:35:22 -06'00' Rob Parker, P.E. Supervisor, Field Services and Tribal Section Drinking Water Program Instructions for GWR Failure to Take Corrective Action Within Required Time Template on Reverse A system's failure to take corrective action within the required timeframe or be in compliance with a state-approved corrective action plan and schedule for a fecal indicator-positive ground water source sample or significant deficiency under the Ground Water Rule is a treatment technique violation and requires Tier 2 notification. You must provide public notice to persons served as soon as practical but within 30 days after you learn of the violation [40 CFR 141.203(b)]. You must issue a repeat notice every three months for as long as the violation persists. Your primacy agency may have more stringent requirements for treatment technique violations. Check with your agency to make sure you meet all requirements. If this notice is for failing to address a fecal indicator-positive source sample, a Tier 1 notice for detecting a fecal indicator in the source water should have already been issued. Consider providing the history of the situation in this notice (i.e., what events lead to requiring corrective action) to avoid confusing the public when this second notice is issued. Community systems must use one of the following methods [40 CFR 141.203(c)]: Hand or direct delivery Mail, as a separate notice or included with the bill Noncommunity systems must use one of the following methods [40 CFR 141.203(c)]: Posting in conspicuous locations Hand delivery Mail In additional both community and noncommunity systems must use another method reasonably calculated to reach others if they would not be reached by the first method [40 CFR 141.203(c)]. Such methods could include newspapers, e- mail, or delivery to community organizations. If you mail, post, or hand deliver, print your notice on your system's letterhead if available. The notice on the reverse is appropriate for mailing, posting, or hand delivery. If you modify this notice, you must still include all required PN elements from 40 CFR 141.205(a) and leave the mandatory language unchanged (see below). Mandatory Language Mandatory language on health effects (from Appendix B to Subpart Q) must be included as written (with blanks filled in) and is presented in this notice in italics and with an asterisk on either end. You must also include standard language to encourage the distribution of the public notice to all persons served, where applicable [40 CFR 141.205(d)]. This language is also presented in this notice in italics and with an asterisk on either end. Corrective Action In your notice, describe corrective actions you are taking. Listed below are some steps commonly taken by water systems with Ground Water Rule treatment technique violations. Depending on the corrective action you are taking, you can use one or more of the following statements, if appropriate, or develop your own text: x Although we did not meet our deadline, we are now in consultation with the state to develop a corrective action plan. x The [source of contamination/significant deficiency] has been identified and addressed. x We have implemented a short-term plan to address the immediate issue while we pursue the long- term solution. Repeat Notices For repeat notices, you should state how long the violation has been ongoing and remind consumers of when you sent out any previous notices. If you are making progress with correcting the significant deficiency or addressing the fecal indicator-positive source sample, describe it. Alternatively, if funding or other issues are delaying corrective action, let consumers know. After Issuing the Notice Send a copy to EPA Region 8 Drinking Water Unit (8WP-SDA), Attn: GWR Manager, 1595 Wynkoop Street, Denver, CO 80202 or email a copy of the PN and the certification to R8DWU@epa.gov. Make sure to send your primacy agency 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 [40 CFR 141.31(d)]. GWR Failure to Take Corrective Action Within Required Time Frame Public Notice IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER (PWS Name) Failed to Correct a Significant Deficiency Within Required Time Frame. Our water system recently violated a drinking water requirement. Although this incident was not an emergency, as our customers, you have a right to know what happened and what we did (are doing) to correct this situation. A routine sanitary survey conducted on (provide survey date) by the Environmental Protection Agency Region 8 (EPA) found (describe significant deficiency in our water As required by EPA's Ground Water Rule, we were required to take action to correct this deficiency. However, we failed to take this action by the deadline established by EPA. What should I do? x There is nothing you need to do. You do not need to boil your water or take other corrective actions. However, if you have specific health concerns, consult your doctor. x If you have a severely compromised immune system, have an infant, are pregnant, or are elderly, you may be at increased risk and should seek advice from your health care providers about drinking this water. General guidelines on ways to lessen the risk of infection by microbes are available from EPA's Safe Drinking Water Hotline at 1-800-426-4791. What does this mean? This is not an emergency. If it had been, you would have been notified within 24 hours. *Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.* These symptoms, however, are not caused only by organisms in drinking water, but also by other factors. If you experience any of these symptoms and they persist, you may want to seek medical advice. What is being done? (Describe corrective action) We anticipate resolving the problem within (estimated time frame) . For more information, please contact (name of system 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. 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 name) Public Water System ID#: Date distributed: CERTIFICATION OF PUBLIC NOTIFICATION I certify that the attached public notice was issued from (PWS Operator/Responsible Party) to . The notice attached was issued by (Date) (Date) for the GWR Violation that occurred on . (Method of delivery - by hand, mail, email, etc.) (Date) Signature Date Public Water System Name: PWS ID Number: EPA Region 8 - Significant Deficiency Correction Notice Public Water System Name ____________________________________________________________________ Public Water System ID# ______________________________________________________________________ Public Water System Source Type: (circle one) Groundwater Surface Water Mixed Instructions: Please use this form to report the correction of sanitary survey significant deficiencies identified during your last sanitary survey. List a description of the individual significant deficiencies and number (e.g., SD#1) and the date of correction below. Pictures of corrections and a brief description of each correction is required. Label all pictures with a unique number (e.g, photograph #1) and correlate them to a specific significant deficiency. Include the name of the facility (e.g., well name and number, tank name and number, treatment plant, etc.) and the correction date on any documentation you provide. If a WY DEQ permit was required to make any of the significant deficiency corrections, please include the permit number on the specific correction line below. Facility Significant Deficiency Date Corrected Photograph Number WYDEQ Permit # I certify that the information submitted with this report is true and accurate. _______________________________ Print Name _______________________________ Phone Number ________________________________ ____/___/____ Signature Date ________________________________ Email Address Supporting documents attached (i.e., photos, receipts, drawings, WDEQ permit or application) For groundwater and surface water system submit to Matthew Langenfeld, Ground Water Rule Manager at: Email: Langenfeld.matthew@epa.gov and Email: R8DWU@epa.gov Fax: 1-877-876-9101 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street Denver, CO 80202-1129 Phone 800-227-8917 www.epa.gov/region8-waterops Ref: 8WD-SDA January 4, 2024 SENT VIA EMAIL DIGITAL READ RECEIPT REQUESTED Joel Merritt, Owner North Forty Subdivision P.O. Box 651 Thayne, Wyoming 83127 jmerritt@silverstar.com Re: 2021 Sanitary Survey Report PWS ID#: WY5601719 C Dear Joel Merritt, Enclosed is a report prepared for the U. S. Environmental Protection Agency (EPA) following a sanitary survey of the North Forty Subdivision water system on June 10, 2021. Please note each significant deficiency listed at the beginning of the report. To avoid receiving a violation, you must correct each identified significant deficiency and submit documentation of the corrective action to the EPA within 6 months from receipt of this letter and sanitary survey report. If you will be unable to meet this standard corrective action timeframe, you must contact the EPA with a written justification and proposed completion schedule as soon as possible. Each significant deficiency for this water system is listed below: SIGNIFICANT DEFICIENCIES Significant deficiencies for drinking water systems are defined as defects in the design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the EPA determines to be causing, or to have the potential for causing, the introduction of contamination into the water delivered to consumers. 1) Well ID: WL01 - North Forty Well #1 Holes or openings observed in the well or its appurtenances*. (see photo #4) To prevent contamination of the well, all openings must be sealed and watertight. The electrical conduit connection needs to be watertight using a manufactured fitting. 2) Well ID: WL01 - North Forty Well #1 Unknown integrity of sanitary seal on the well casing. (see photos #2 & #4) To prevent contamination, the well must be fitted with a functioning sanitary seal and a tightly bolted cap. The surveyor was unable to determine the integrity of the seal during the survey; photo documentation must be provided to the EPA showing the seal by opening the cap. Within 6 months from receipt of this letter, you must do the following: Prior to making physical modifications to your water system, a permit issued by the Wyoming Department of Environmental Quality (WY DEQ) may be required. Contact the respective WY DEQ District Engineer for your area to determine if a permit is needed before making corrections for significant deficiencies followed by an asterisk (*). The email and phone number for the DEQ District Engineer may be found on Page 2 of your Sanitary Survey Report. Correct each significant deficiency. Provide a completed Significant Deficiency Correction Notice listing each individual deficiency and the date of correction. If a WY DEQ permit was required to make any of the significant deficiency corrections, please include the permit number on your completed Correction Notice form. Provide labeled photos of each correction. If you will be unable to meet the 6-month standard corrective action timeframe, you must contact the EPA as soon as possible with a written justification and proposed completion schedule to receive a time extension. Your time extension request must include: - Your public water system name and number; - Description of why you will be unable to meet the 6-month timeframe; - Description of the corrective action(s) to be taken to address each significant deficiency; - A schedule including specific proposed dates for completing each corrective action, which may include short-term interim steps and long-term completion dates. The Significant Deficiency Correction Notice is enclosed and can also be found at the following website: http://www.epa.gov/region8-waterops/reporting-forms-and-instructions-reporting-forms and by selecting the Sanitary Survey link. To avoid receiving a violation, please provide this documentation to: Mr. Matthew Langenfeld, Groundwater Rule Manager EPA Region 8, 8WD-SDA 1595 Wynkoop Street Denver, CO 80202 Email: langenfeld.matthew@epa.gov Phone: 303-312-6284 2 If you have any questions regarding a significant deficiency or your corrective action plan, contact Matthew Langenfeld. If you propose a different corrective action timeframe, Matthew will provide you with a confirmation email or letter. The sanitary surveyor also identified at least one recommendation to improve the operation of the water system and to protect public health. While not required, the EPA recommends that all such items be corrected. Please see the enclosed Sanitary Survey report for any recommendations. Please contact us if your system has a change in the treatment process; you add or remove a water source; there is a change in the number of people served or the number of water connections; or different contact information becomes available for your water system. This allows us to keep you up to date on monitoring requirements and keeps our inventory current. Failure to notify EPA about water source or treatment changes may result in a violation. To access the EPA's change form, use the following link and send us the completed form or give us a call: http://www.epa.gov/region8-waterops/wyoming-public-water-system-change-form Thank you for your cooperation during the sanitary survey. If you have any questions regarding the sanitary survey, please call Lucien Gassie at 303-312-6620. If you have questions on specific regulations, please refer to the brochure enclosed with this letter, which contains the names and phone numbers for the EPA drinking water staff. Sincerely, ROBERT PARKER Digitally signed by ROBERT PARKER Date: 2024.01.04 19:21:59 -07'00' Rob Parker, P.E. Supervisor, Drinking Water Section A Water Division Enclosures cc: Jason Mavy, Contract Operator Star Valley Water jason@starvalleywater.com 3