20070919DEQ Notice of Violation.pdf

Morning View Water Co., Inc.
An Idaho PUC Regulated Company
3996 E. 200 North
O. Box 598
Rigby, Idaho 83442
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Office: 208-745-0029
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Fax: [phone]
September 17, 2007
Joe Leckie
Idaho Public Utilities Commission
472 W. Washington
O. Box 83720
Boise, Idaho 83720-0074
Dear Joe
Nolan asked that I send you a copy of the letter we received from the DEQ on September
2007. The letter is regarding the Notice of Violation for Morning View Water
Company.
;rhank You
~ Jr~rane
Office Manager
Morning View Water Co., Inc
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cc/file
STATE OF IDAHO
DEPARTMENT OF
, ENVIRONMENTAL aOALlrf'
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1410 North Hilton 0 Boise, ID 83706-12550 [phone]
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L. "ButchO Otter, Governor
Toni Hardesty, Director
September 11 , 2007
CERTIFIED MAIL:
RETURN RECEIPT REOUESTED
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Mr. Nolan Gneiting
Morning View Water Company
O. Box 598
Rigby, ID 83442
Re:Notice of Violation for the Morning View Water Company, PWS# ID7260063
Dear Mr. Gneiting:
Enclosed is a Notice of Violation (NOV) resulting from violations of the Idaho Rules ForPublic Drinkinl! Water Systems at the Morning View Water Company public water system.
The NOV assesses a four hundred fifty dollar ($450) penalty.
You have fifteen (i 5) days to request a conference to discuss the violations and payment of
penalties in accordance with the timetable in the NOV. To schedule a conference, please
contact Mr. Greg Eager, Engineering Manager, Department of Environmental Quality, at(208) 528-2650.
Barry N. Burnell
' '- Water Quality Division Administrator
BNB:jt
Enclosure
Stephanie Ebright, Deputy Attorney General
Jim Johnston Idaho Falls Regional Manager
Greg Eager, Idaho Falls Regional Office
Rochelle Mason, Idaho Falls Regional Office
File
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Notice of Violation
ISSUED TO:Nolan Gneiting
Morning View Water Company
O. Box 598
Rigby, ID 83442
Morning View Water Company (Morning View), PWS #ID7260063, is a community
public water system serving ninety-seven (97) connections and approximately two
hundred (200) individuals in Rigby, Jefferson County, Idaho.
On July 3, 2007, the Department of Environmental Quality (Department) received a
complaint from a resident that there was no water. On July 5, 2007, the Department
received a complaint from a resident of a lack of pressure in the water system. The
Department investigated the complaints and verified through the installation of a 24-hour
pressure wheel that the pressure fell below 20 pounds per square inch (psi). By letter
dated July 6 2007, the Department notified Morning View of the Department's findings
during the July 5 , 2007 investigation and required Morning View to remedy the pressure
problems within ten days through the process outlined in Idaho Rules for Public Water
Systems, IDAPA 58.01.08.552.b.ii.
The Department continued to receive complaints that there was a lack of pressure on July
, 2007 and August 10, 2007 and complaints of no water on August 3 , 2007, August 14
2007, and August 16, 2007. The Department received a total of nine (9) complaints for a
lack of pressure or no water between July 3, 2007 and August 16 2007.
By electronic mail on July 20, 2007, Morning View notified the Department that a second
well and pump were on-line and operational.
By letter dated July 25 2007, the Department notified Morning View of additional
complaints received concerning low water pressure and the results of additional pressure
testing conducted at five (5) connections during a July 23 2007 inspection. The average
water pressure during this inspection was 22 psi. The letter also notified Morning View
of the requirement to provide public notification and to properly disinfect the distribution
system at times that pressure drops below 20 psi , as recorded by the 24-hr. pressure
wheel on July 5 , 2007. The Department required Morning View to diagnose and correct
the quantity and pressure problems in the system and notify the Department by August 6
2007.
By letter dated August 8 , 2007, the Department notified Morning View of the failure to
notify the Department of the diagnostic and corrective actions taken to resolve the
pressure problems.
By letter dated August 15,2007 , the Department notified Morning View that the system
was disapproved due to failure to maintain adequate pressure.
Morning View Water System
Notice of Violation
Additionally, a review of the Idaho Bureau of Occupational Licenses indicates the
operator is not currently a licensed drinking water operator.
Pursuant to the Idaho Environmental Protection and Health Act (EPHA), Idaho Code
39-101 through 39-130, the Department alleges that the following violations of the Idaho
Department of Environmental Quality, Idaho Rules for Public Drinking Water Systems
IDAPA 58.01.08, have occurred at Morning View.
Violations 1 - 7
Legal Provision Violated:IDAPA 58.01.08.552.01.b.ii (Idaho Rules for Public
Drinking Water Systems)
IDAPA 58.01.08.552.01.b.ii states that:
Pressure
ii. Any public water system constructed or significantly modified after
July 1, 1985, shall maintain a minimum pressure of forty (40) psi
throughout the distribution system, during peak hourly demand conditions
excluding fire flow, measured at the service connection or along the
property line adjacent to the consumer s premises.
Morning View violated this rule by failing to maintain 40 psi minimum pressure in
several portions of the Morning View water system as evidenced by complaints received
on July 3 , August 3 , and 16 and as verified by a copy ofa pressure wheel
reading from #186 N. 3990 E on July 5 , five (5) additional pressure readings recorded
within the system on July 5 , and pressure readings recorded within the distribution
system on July 23.
PENALTY:THREE HUNDRED FIFTY DOLLARS ($350)
Fifty dollars ($50) for each recorded violation
Violation 8
Legal Provision Violated:IDAPA 58.01.08.552.01.b.v (Idaho Rules for Public
Drinking Water Systems)
IDAPA 58.01.08.552.01.b.v states that:
Pressure
v. When pressures within the system are known to have fallen below
twenty (20) psi, the water system must provide public notice and disinfect
the system.
Morning View Water System
Notice of Violation
Morning View violated this rule by failing to provide public notification when the
pressure dropped below twenty (20) psi within the distribution system on July 5 as
evidenced by a copy of a pressure wheel reading from #186 N. 3990 E.
PENAL TY:FIFTY DOLLARS ($50)
Violation 9
Legal Provision Violated:IDAPA 58.01.08.554.01.a (Idaho Rules for Public
Drinking Water Systems)
IDAPA 58.01.08.554.01.a states that:
01.Licensed Operator Required
a. Owners. of all community and nontransient noncommunity public
drinking water systems must place the direct supervision of their drinking
water system, including each treatment facility and/or distribution system
under the responsible charge of a properly licensed operator.
Morning View violated this rule by failing to place the direct supervision of their
drinking water system under the direct supervision of a properly licensed operator.
PEN AL TY:FIFTY DOLLARS ($50)
TOT AL PENALTY ASSESSED: FOUR HUNDRED FIFTY DOLLARS ($450).
Four hundred fifty ($450) dollars in base penalty.
Timetable
Morning View may request a compliance conference with the Department to explain the
violations and discuss entering into a Consent Order. A Consent Order is an agreement
that includes a plan to bring the system into a compliance with the Idaho Rules for Public
Drinking Water Systems, pay a penalty, and assure future compliance.
To arrange a compliance conference, Morning View must contact the Department within
fifteen (I5) days of receipt of the Notice of Violation. Failure to arrange and attend a
compliance conference or to reach agreement on a Consent Order within sixty (60) days
after receipt of this Notice of Violation may result in civil enforcement action in district
court for injunctive relief, statutory penalties, expenses, attorney fees, and other relief or
remedy available under Idaho law.
The compliance conference will be held at the Idaho Falls Regional Office, 900 N.
Skyline, Suite B, Idaho Falls, ID.
Morning View Water System
Notice of Violation
Inquires or correspondence concerning this Notice of Violation or for scheduling a
compliance conference should be directed to:
Greg Eager
Department of Environmental Quality
Idaho Falls Regional Office
900 N. Skyline, Suite B
Idaho Falls, ID 83402
Grel!ory .eal!er($deq .idhao. gov
[phone]
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Dated this day of ~ e '( \-e.-,~ \)er 2007
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Toni Hardesty, Director
Department of Environmental Quality
Morning View Water System
Notice of Violation