20090121DEQ Letter to CAP.pdf

.STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
CAf-íù-08-o~
RECE çn.~,_~ :K;
2009 JAN -9 AM 8: 18
1445 North Orchard. Boise, Idaho 83706 · [phone] C.L "Butch" Oter, Governor
Toni Hardesty, Director
January 7, 2009
Robert Price
Capitol Water Corporation
2626 Eldorado
Boise, ID 83704
CERTIFIED MAil: 70041350000283082346
RE: Ustick Road Water Main Realignment Phase (Boise, Ada County)
VIOLATION OF IDAHO CODE 39-118: UNAPPROVED WATER AND SEWER MAINS
Dear Mr. Price:
DEQ has learned that a water main located on Ustick Road was relocated as part of the Ada
County Highway District Ustick Road widening project. We have determined that the construction
of this project violated Idaho Code, Section 39-118, the relocation of a water main is considered a
Material Modification of the water system and therefore preconstruction approval was required per
Idaho Code 39-118, and the Idaho Rules for Public Drinking Water Systems, IDAPA 58.01.08..Please contact Vicki Everhart of our office at 373-0249 within 14 days to schedule a meeting to discuss
this violation. For this meeting, you wil need:
1) a copy of the plans and record drawings for the project which were prepared by a professional
engineer licensed in Idaho;
2) copies of any construction inspection records for the water mains.
DEQ may seek further enforcement action including, reconstruction/modification of the system, District
Court action, civil penalties, assessment of costs and expenses, restraining orders, injunctions, attorney's
fees, reimposition of sanitary restrictions and other relief available under Idaho Code 39-108.
Please call me with any questions at [phone] or contact me via e-mail at
todd. crutchertgdeq. idaho.gov.
Sincerely,. -=c
adrutcher,C";.E.
Staff Engineer
RTC:vee: G:\Engineering\Todd\Projects\2009\(01) January\Capitol Water Ustick Road 39-119 - 1-7-09.doc.c:Mark Mason, P.E., Boise Regional Offce
Ernest Maiteri, Boise Regional Office
Gerr Galinato Idaho PUC
BRO Source File 1-Eng, Capitol Water, Reading File