HomeMy WebLinkAbout20120749.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OR REVOCATION OF
COLORADO RETAIL FOOD ESTABLISHMENT LICENSE- LA MARAVILLA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, La Maravilla, located at 13015 County Road 16, Fort Lupton,Colorado 80621, is
allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, despite efforts by the Weld County Department of Public Health and
Environment staff to resolve said matter, the violations have not been corrected, and
WHEREAS,on the 5th day of December, 2011, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, Ruben Rodriguez, property owner, was present at said hearing, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deemed it advisable to continue the matter until December 19, 2011, to allow Mr. Rodriguez
additional time to comply with the requirements of the Colorado Primary Drinking Water Regulations
and the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on December 19, 2011, the Department of Public Health and Environment
informed the Board that most of the necessary documents were delivered to the State, which has
set a deadline of December 21, 2011, for the applicant to finalize the incomplete items and also
scheduled a review of the water treatment system at the site on December 30, 2011. Staff
recommended the case be continued, to allow Mr. Rodriguez additional time to comply with the
requirements of the Colorado Primary Drinking Water Regulations and the Colorado Retail Food
Establishment Rules and Regulations, to be considered in conjunction with the facility's Liquor
License renewal, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deemed it advisable to continue the matter to March 12, 2012, and then to March 19, 2012, in order
to have the matter considered concurrently with the liquor renewal hearing, and
WHEREAS, at said hearing on March 19, 2012, staff recommended the matter be
dismissed, conditional upon the following:
1) The facility will immediately cease operations if found by the
Department to be operating without following their control
procedures. In addition, if found operating without following the
nitrate control plan, it will be the Department's recommendation that
they not be allowed to operate until such time that the water
treatment system approved by the Water Quality Control Division is
installed and inspected, or an acceptable alternative plan is approved
by the Weld County Board of Commissioners.
F\L , Ctia, 'VIGt 2012-0749
LI - I C)- HL0039
HEALTH VIOLATIONS - LA MARAVILLA
PAGE 2
2) The facility will install the water treatment system, approved by the
Water Quality Control Division, or take other alternative measures
approved by the Weld County Board of Commissioners, if there is not
substantial progress and imminent completion of the project by
December 31, 2012.
3) The facility shall continue to submit the required samples and ensure
that a certified operator is under contract at all times.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be and hereby is, dismissed, subject to compliance with the
Conditions as listed above.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �� \
Sean P. Con , Chair
Weld County Clerk to the Board (4( ---7
%
�..� William F. Garcia, Pro-Tem
•
BY:
�,
Deputy Cl to the Boar) _ 4 LI qt t2
tri4O
'�„' I" Sara Kirkmeyer
APP' • ED A • :;,;V
& CSI.- I
t wLo
avid E. Long
county Attorney ' a. . ,irl a t_f-, //IL%A✓
�ouglpi Radema er
Date of signature: a
2012-0749
HL0039
1861 Memorandum
- - j TO: Tonya Disney
GO U N T�. From: Dan Joseph
DATE: March 19,2012
SUBJECT: La Maravilla Liquor License Renewal and
Water Treatment System
On December 16,2011,the Weld County Department of Public Health and Environment
(Department) made a recommendation to the Board of County Commissioners(BOCC)to continue
any enforcement actions until the March liquor license hearing in order to allow the facility's water
treatment system to come into compliance with the Colorado Department of Public Health and
Environment Water Quality Control Division's requirements.
After multiple submissions,the Water Quality Control Division has approved the installation
specifications of the submitted plan. However the system has not yet been installed.
However,while the submissions were being made,the facility also continued to pursue obtaining
City of Fort Lupton water and sewer service through the annexation process.
On March 9,2012,Ruben Rodriguez(owner)submitted a timeline to the Water Quality Control
Division and the Department indicating the expected time frame for annexation and for obtaining
city water and sewer service(see attached). In addition,Mr.Rodriguez submitted a plan for how to
control for high nitrates in his water until such time that the city services are provided. This
timeline has been approved by the Water Quality Division with one change,that he cease the use of
the facility for hosting parties serving water to families and at-risk populations. He has not had the
opportunity to respond to this request.
The Department is recommending for approval the liquor license,along with the submitted
timeline and nitrate control procedure,provided that:
1) The facility will immediately cease operations if found by the Department to be operating
without following their control procedures. In addition,if found operating without
following the nitrate control plan,it will be the Department's recommendation that they not
be allowed to operate until such time that the water treatment system approved by the
Water Quality Control Division is installed and inspected or an acceptable alternative plan
is approved by the BOCC.
2) The facility will install the water treatment system approved by the Water Quality Control
Division or take other alternative measures approved by the BOCC if there is not
substantial progress and imminent completion of the project by December 31,2012.
3) The facility continues to submit the required samples and ensure that a certified operator is
under contract at all times.
NON COMMUNITY-PUBLIC WATER SYSTEM
Application for Nitrate MCL of 20 nig/L
DIRECTIONS TO APPLICANT:
1. Please review and, if necessary,correct the information listed below.
2. Where information is not listed,please provide it.
3. Sign the application where indicated below.
4. Mail the completed application to the Division at the following address:
CDPHE,Attn.: CADM Nitrate Rule Mgr., 4300 Cherry Creek Dr. S., Bldg. B, Denver, CO 80246-1530
SYSTEM LEGAL INFORMATION (see reverse for definitions)
1. System Name: Club La Maravilla Restaurant/ 2. Public Water System Identification Number
Lounge (PWSID): CO 02262466
3. Legal Contact Name: Ruben Rodriguez 4. Legal Contact Phone: 720-775-2956
5. Legal Contact Address: 13015 WCR 16 6. System Type:Non-Community
7. Total Population Served Per Month: 125 Resident: Non-Transient: Transient:
WATER SOURCES
8. Number of surface water sources: 0
9. Number of ground water under the direct influence of surface water sources: 0
10. Number of ground water sources: 1
11. Number of sources from which the system purchases water: 0
TREATMENT PLANTS
12. Number of treatment plants:!
13. Number of treatment plants using one or more of the following at any point in the treatment process or
for residual maintenance:
Free chlorine: Chloramines: Chlorine dioxide: Ozone: Other disinfectant: _x
Chlorine bleach
14. Does this system purchase treated water? yes__ no x
If yes, does the system provide additional treatment to any water purchased from another public water
system?
DISTRIBUTION SYSTEM
15. Does the system supply treated water to other public water systems? yes no x
If yes, list names of systems:
16. Number of entry points to the distribution system: 1
17. Total coliform sampling period: monthly Ii quarterly
18. Number samples per period: 1
DESCRIBE AND ATTACH PROCEDURES AND SYSTEM PLAN TO MEET REGULATIONS,
INCLUDING:
19. The procedures to be used to ensure that infants under 6 months of age will not have access to the water.
20. Any appropriate plan to train employees regarding nitrate health effects and any operational practices to
prevent infant consumption of your water.
21. The proce u es to be used to meet the public notification requirements.
CERTIFICATION
This infra n s true and correct to the best of my knowledge:
Signed: Date: 31 q 12-
Title: OW le1e r
Club La Maravill Restaurant/Lounge Nitrate Procedures
& Svstem Plan.
Step 1 —To educate my staff on the effects of nitrates, so they are aware of the
seriousness of the conditions. My Operator in Charge will provide training for my
staff.
Step 2 — I will continue to educate my customers about the high levels of nitrates
found in the water supply. My Operator in Charge will provide updated drinking
water notices (in English & Spanish) with protective coverings, and they will be
placed at the entrance of my restaurant, in all hallways, at the entrance of all
restrooms and at all restroom faucets.
Step 3— My door greeters will inform all parents with infants that our water has
high levels of nitrates and explain the effects of using the tap water. They will also
let them know there is bottled water free of charge, and they will not be allowed
to use the faucet water for the infants.
Step 4— I will have one employee at or inside each restroom facility to monitor
faucet usage. They will be watching for customers entering a restroom with a
baby bottle or diaper bag. My employee's will ask the customer if they are
planning on using the faucet to fill a bottle. If so, they will remind them of the
effects of nitrates and provide the customer with bottled water.
Step 5 —All ice will be purchased and be stored in the cooler.
Implementation schedule for the Denver Annexation Proiect
January 2012— Filed City of Ft. Lupton zoning and annexation application.
January 2012—Talks with Northern Colorado Water Conservancy District began.
February 20, 2012—Application filed to be included into the Northern Colorado
Water Conservancy District.
April 13, 2012 —A formal hearing, to be included into Northern Colorado Water
Conservancy District.
April 14, 2012— City of Ft. Lupton is allowed to provide water service through
Northern Colorado Water Conservancy.
June 2012—City of Ft. Lupton annexation approval.
June 2012—City of Ft. Lupton zoning approval.
August 2012—Water/sewer construction plans submitted to the City of Ft. Lupton
for review.
September 2012—City of Ft. Lupton approves water/sewer construction plans.
September 2012—City of Ft. Lupton water/sewer tap fee's paid.
September 2012—Construction of water/sewer lines begin.
December 2012—Completion of water/sewer lines for the Denver Project.
December 2012—Water/sewer lines installed to Club La Maravilla
Restaurant/Lounge.
Memorandum
1861 - 2011
TO: Board of County Commissioners
.` FROM: Debra Adamson, Environmental Health Services
WEL € OUNT '
DATE: December 1, 2011
SUBJECT: La Maravilla Restaurant, Non-Compliance
with Requirements for Well Water Treatment
During the March 28, 2011, consideration of renewal of the liquor license for La Maravilla Restaurant,
located at 13015 CR 16 in Fort Lupton, Colorado, Environmental Health Services noted that the facility
and its owner, Mr. Ruben Rodriguez, remained in non-compliance with the requirements of the Colorado
Primary Drinking Water Regulations as well as the Colorado Retail Food Establishment Rules and
Regulations due to deficiencies in its well water treatment system.
Mr. Rodriguez agreed during the liquor license renewal hearing to correct the violations noted in the
Enforcement Order he received from the Water Quality Control Division at the Colorado Department of
Public Health and Environment, dated March 15, 2011. As of this date, Mr. Rodriguez has failed to do
this. The following have occurred since the March 28 hearing:
• July 19, 2011: Issuance of the Compliance Advisory for Failure to Comply with the Maximum
Contaminant Level for Nitrate; Colorado Department of Public Health and Environment, Water
Quality Division.
• July 26, 2011: Issuance of notification of design criteria deficiencies for the well water treatment
system from the Colorado Department of Public Health and Environment, Water Quality
Division, with a request for a response to resolve the deficiencies. The review of the system was
put on hold pending a response from Mr. Rodriguez or his Operator in Responsible Charge.
• November 4, 2011: Issuance of Compliance Advisory for Failure to Respond to Enforcement
Order, specifically:
o Paragraph No. 57: Failure to respond to the notice that the treatment system did not meet
the design criteria requirements of the State of Colorado Design Criteria for Potable
Water Systems.
o Paragraph No. 54: Failure to submit a written records retention policy or procedure
outlining how the system will retain records on the premises or at a convenient location
near its premises.
• Failure to comply with the State of Colorado Compliance Schedule for water analysis—no third
quarter bacteriological sample was recorded with the State.
Environmental Health Services recommends suspension or revocation of the retail food establishment
license until the facility and its owner are compliant with the requirements of the Colorado Primary
Drinking Water Regulations and the Colorado Retail Food Establishment Rules and Regulations.
cc: Trevor Jiricek
Sara Evans 2012-0749
Dan Joseph
Mark Thomas
Ct
=--1
a
Ct W W
II
z
Li) x o
F O o
a.)
4-
o
Ct O a
• Zo °
I-4 CO 44
Ct F w
� A44
Ct O
Ct
Pti
a)1I O
•N
V) till
ct
oq
O C3
Cato '4-4
NI
_ •N
N O aftl
ti CI) a4 Pj
rC
Ct •aEtc/Dc)
CU
Ct Ct
tit O-4 cc; r
a)
al 0 C3
W U
.
a)
O al
G) O
ct o cri a) O o
two O O .O }'
i > U
-
d ca
a) '631 o cu 4
Ct O ‘-le% En1-1 O .N .E CZ
O V O O, bA
N I ct IV CS ''"'
� CV
CO O ri I
wird
rC o zi CD re cn
0 ' 0 q 'c) C))
O O ,.a�/') c p e z gas
•
U)
�
V1 ,O
O Pn +-+ O
CV Pt l cis r 44
+' U U O s"'' cd b 0 .� -4
Ca cv
0 493
zi
o ct o
Ct O :le►�-s +-J Q a) O O CU .J
el-4 IPI)I Z
CCS a�•1111 O 61 V. rE C
CU O O 1%2 ° I Pta
cu E , � � ;-I cs
r
ce O rd 3
N
.p-i U
O O 4 .R •~ 0 cd ct .
«i r,
5 a., et
.�, F--Il r 0 .H v)
Ct Tml CD 2 t 5
14% CI OW
ct cu 0 rd
ci
CZ co v ' O ,E sz
CV
RS
'Tj .. ►~+ O 2 to
• •
a) y,, CL) et
Cn as
cn•~j •d CD pflL °
0
,
Cu 0 ,•- .5 ,I N t"'' ti .1 ate+
cia
t!) 5 J 0 pC cu cci �',°
C) o • 0
c�
Ct O '4 t 4C-at E , ,-( E-i 00 cu fi
• O a .1 a " C8 'd N •UCU CC fi
S�-i c) ate-+ W ziuuIE1tI
p '
N O +a+-A cci E N Ontt c�
A �, C� O
..- , 14 t
co
l•-D w w � a b •O a ,•
I I
a-+ O
c+-+
• • +J 0
O
N
•Q)
4""i4_4 O
Inc
ct
0 "C 5 .a o
-I—) 1-4—i rri O 4 MI .ro
Ct O Cn CI) o ra ,CA
P4 �.+ � o DOE
CC$ O +O O 4-I o CD cu Is
N
to O ar U F4 al
cu
cu
(it I--, O w E Ct E w 00
al
OEld tid › pct � �
N U � O
O +.ici) O •
0 `. Q., a ,JEleao •-
r0c � etCvC) e .9 .Co
> ct r4 a) O CZ a)• o
OFt ; a� � � a a ,-
Z < O O O
.
El
Ops2i F1O
rd V - 1
Cl) 4-4
o + O °C
N a) ,,�;; L a) cs) .Ct O E t° rg gi ' Zi
taCiCt rill iv hi) I tio0
x �
E .2 J
¢, � o .O
'ti
P v •� O o.
cn a) cd Q, U
.
Mark Thomas
From: Worley, Lauren [Lauren.Worley@dphe.state.co.us]
Sent: Monday, December 19, 2011 8:00 AM
To: Mark Thomas
Cc: Camrud, Douglas J.; Russ Brown; clubmaravilla@hotmail.com
Subject: La Maravilla Restaurant- Enforcement Order#CO0262466
Attachments: La Maravilla EO and Amend 1 (LW 12-13-11).pdf
Dear Mr.Thomas,
The Division has received the submittal from La Maravilla Restaurant (the "System") in response to the engineer's
request for information letter dated July 26, 2011. The Division Engineer, Doug Camrud still needs some additional
information. We would like to see the following actions performed in order to demonstrate a complete return to
compliance with the Enforcement Order:
• By December 21, 2011, the Operator in Responsible Charge, Russ Brown, must speak with Doug Camrud
regarding the submittal and the additional information needed.
• By December 30, 2011 owner Rueben Rodriquez and Russ Brown meet with Doug Camrud at the system site to
go over details of the plans and specifications submittal.
At this point in time,the Division believes that the System is moving in a positive direction towards compliance with the
Enforcement Order. The above actions listed would further demonstrate positive movement towards compliance.
Of course, once the plans and specification are completed and approved by the Division, as stated in the Amendment to
the Order(attached), installation of the design plan must be completed within ninety days (90) from the date of
approval.
Lauren Worley
Enforcement Specialist
Drinking Water Enforcement Unit
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303-692-3547! lauren.worley@state.co.us
•
Water Quality Control Division
From: Mark Thomas [mailto:mthomasco.weld.co.us]
Sent: Thursday, December 15, 2011 4:26 PM
To: Worley, Lauren
Subject: FW: Maravilla
FYI...
Mark
Mark Thomas
Chemist
Memorandum
1861 - 2011
TO: Board of County Commissioners
.� FROM: Debra Adamson, Environmental Health Services
WEL L o O U N T l DATE: December 16,2011
SUBJECT: La Maravilla Restaurant, Non-Compliance
with Requirements for Well Water Treatment
During the March 28, 2011,consideration of renewal of the liquor license for La Maravilla Restaurant,
located at 13015 CR 16 in Fort Lupton,Colorado, Environmental Health Services noted that the facility
and its owner, Mr. Ruben Rodriguez, remained in non-compliance with the requirements of the Colorado
Primary Drinking Water Regulations as well as the Colorado Retail Food Establishment Rules and
Regulations due to deficiencies in its well water treatment system.
Mr. Rodriguez agreed during the liquor license renewal hearing to correct the violations noted in the
Enforcement Order he received from the Water Quality Control Division at the Colorado Department of
Public Health and Environment,dated March 15, 2011. As of this date, Mr. Rodriguez has failed to do
this. The following have occurred since the March 28 hearing:
• July 19, 2011: Issuance of the Compliance Advisory for Failure to Comply with the Maximum
Contaminant Level for Nitrate; Colorado Department of Public Health and Environment, Water
Quality Division.
• July 26,2011: Issuance of notification of design criteria deficiencies for the well water treatment
system from the Colorado Department of Public Health and Environment, Water Quality
Division,with a request for a response to resolve the deficiencies. The review of the system was
put on hold pending a response from Mr. Rodriguez or his Operator in Responsible Charge.
• November 4, 2011: Issuance of Compliance Advisory for Failure to Respond to Enforcement
Order, specifically:
o Paragraph No. 57: Failure to respond to the notice that the treatment system did not meet
the design criteria requirements of the State of Colorado Design Criteria for Potable
Water Systems.
o Paragraph No. 54: Failure to submit a written records retention policy or procedure
outlining how the system will retain records on the premises or at a convenient location
near its premises.
• December 5, 2011: At the hearing before the Board of County Commissioners, Mr. Rodriguez
and La Maravilla Restaurant were given a two-week continuance in order to submit required
paperwork to the Water Quality Division.
• December 15, 2011: The response to Paragraph 57, Design Criteria for Potable Water Systems,
was submitted to the Water Quality Division. As of December 16, 2011,the Division has not had
the opportunity to review the response.
• December 19, 2011: The Department receives an email from the Water Quality Division in which
additional dates were set in order to bring the facility into compliance.
Environmental Health Services is recommending continuing any enforcement action until the March
liquor hearing date provided that the facility meet the dates listed in the December 19,2011,email. If
dates not met,then the Department will bring the facility back in front of the board prior to March liquor
hearing date.
cc: Trevor Jiricek
Sara Evans
Dan Joseph
Mark Thomas
STATE OF COLORADO
John W.Hickeniooper,Governor
Christopher E.Urbino,MD,MPH
Executive Director and Chief Medial Officer ,
Dedicated to protecting and Rpro imp the heats •� :1 ,
and environment of the people of Colorado 4,
•
4300 Cherry Creek Dr.S. Labor •'G' r awy Spikes OMefan
Denver,Colorado 80248-1530 8100 Lowry Blvd.Phone(303)892-2000 Denver,Colorado 80230-5928 Colorado r�,,,,,,,,,�,,t
Located in Glendale,Colorado (303)6923 �.O• lorado
090 of Public Health
htlithWww.edphestate.co.us and Environment
March 15,2011
Certified Mall Number:7005 1810 0000 3213 7320
PWSID#CO-0262466
Ruben J.Rodriguez,Registered Agent
RJML,LLC d/b/a La Maravilla Restaurant/Lounge
232 Elizabeth Ct.
Fort Lupton, CO 80621
RE: Service of Drinking Water Enforcement Order,Number: DT-110315-2
Dear Mr.Rodriguez:
RJML, LLC is hereby issued the enclosed Enforcement Order (the "Order"). This Order is
issued by the Colorado Department of Public Health and Environment, Water Quality Control
Division(the "Department")pursuant to the authority given to the Department by §25-1.5-203 of
the Colorado Revised Statutes ("C.R.S."). The Department bases this Order upon findings that
RJML, LLC has violated the Colorado Primary Drinking Water Regulations(the"Regulations")
as described in the enclosed Order.
As a recipient of an Order RJML, LLC may request a formal hearing to contest the Order in
accordance with the Regulations, 5 CCR 1003-1, §1.6.7(g). Requests for such a hearing shall be
filed in writing with the Department within thirty (30) calendar days after service of the Order.
Such requests,at a minimum, shall contain the information specified in 5 CCR 1003-1, §1.5.7(g),
and 5CCR 1002-21, §21.4(B)(2). Hearings on Orders shall be held in accordance with
applicable provisions of the State Administrative Procedure Act, Article 4 of Title 24,C.R.S. and
the procedural rules promulgated in 5 CCR 1002-21.
This action could result in the imposition of further administrative or civil penalties. The
Department or a State District Court is authorized pursuant to §25-1-114.1, C.R.S., to impose a
penalty of up to $1,000 per violation per day. Please be advised that the Department is
continuing its investigation into this matter and the Department may identify supplementary
violations that warrant amendments to this Order or the issuance of additional enforcement
actions.
Ruben J.Rodriquez,Rgbtered Agent
RJML,LLC d/b/a La Mara.Yla Raaaant/Louage
DA.Wag Water-Laforeemeut Order
Page lor2
Should RJML, LLC desire to informally discuss this matter with the Department or if you have
any questions regarding the Order,please don't hesitate to contact Lauren Worley at(303) 692-
3547 or by electronic mail at lauren.worley@state.co.us.
Sincerely,Russell Zigler,Legal Assistant
Enforcement Unit
Compliance Assurance Section
WATER QUALITY CONTROL DIVISION
Enclosure
cc: Weld County Department of Public Health&Environment
ec: Doug Camrud,Engineering Section,CDPHE
Dick Parachini,Watershed Program,CDPHE
Lori Billeisen,Facility Operators Program,CDPHE
Shawn McCaffrey,EPA Region VIII
Nicole Grisham,Division of Environmental Health and Sustainability,CDPHE
Michael Beck,OPA
Lauren Worley,Case Person, CDPHE
• COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
4t c-
• ' WATER QUALITY CONTROL DIVISION
ENFORCEMENT ORDER& NUMBER: DT-110315-2
ADMINISTRATIVE PENALTY ASSESSMENT
IN THE MATTER OF: RJML,LLC
d/b/a: LA MARAVILLA RESTAURANT/LOUNGE
PUBLIC WATER SYSTEM IDENTIFICATION NUMBER: CO-0262466
WELD COUNTY,COLORADO
Pursuant to the authority vested in the Colorado Department of Public Health and Environment (the
"Department")by§25-1-109 and§25-1.5-203 of the Colorado Revised Statutes("C.R.S."),which authority is
implemented through the Department's Water Quality Control Division(the"Division"),the Division hereby
makes the following findings and issues the following Enforcement Order.
GENERAL FINDINGS
1. RJML, LLC ("RJML") owns and/or operates a drinking water.system, known as La Maravilla
Restaurant/Lounge,located at 232 Elizabeth Court,Fort Lupton,Colorado,in Weld County,Colorado
(the"System").
2. RJML is a person as defined by 5 CCR 1003-1, §1.5.2(98).
3. 1LIML is a supplier of water within the meaning of §25-1.5-201(2), C.R.S. and its implementing
regulation, 5 CCR 1003-1, §1.5.2(128).
4. The System is a public water system as defined by §25-I.5-201(1), C.R.S. and its implementing
regulation, 5 CCR 1003-1, §1.5.2(107).
5. The Public Water System Identification Number("PWSID")assigned to the System by the Division is
PWSID#:CO-0262466.
6. Pursuant to 5 CCR 1003-1, §1.2, the System is subject to the Colorado Primary Drinking Water
Regulations(the"Regulations"),which were adopted pursuant to §25-1.5-203, C.R.S.
7. The RJML provides piped water for human consumption from the System to at least twenty-five(25)
people,but the System does not regularly serve at least twenty-five(25)of the same persons over six(6)
anMi„LLC
Drinking Water—Enforcement Order and Administrative Penalty
Page I of 13
months per year. The System is therefore classified as a"transient,non-community water system"as
defined by 5 CCR 1003-1, §1.5.2(137).
8. The System's source of water is groundwater as defined by 5 CCR 1003-1, §1.5.2(63).
9. On June 5, 2009, the Weld County Department of Public Health & Environment ("Division
Representative")conducted a compliance inspection of the System,pursuant to 5 CCR 1003-1,§11.1(c),
on behalf of the Division,pursuant to the Division's authority under §25-1.5-204,C.R.S., and 5 CCR
1003-1, §1.7,to determine the System's compliance with the Regulations.
First Violation
(Failure to Monitor and/or Report for Microbiological Contaminants)
10. Pursuant to 5 CCR 1003-1, §5.1.1(a),the System must collect total coliform samples at sites that are
representative of water throughout the distribution system,according to a written sample-siting plan.
11. Pursuant to 5 CCR 1003-1,§5.1.1(e)(1),the System,which serves less than 1,000 persons,must monitor
in each calendar quarter that the system provides water to the public.
12. Pursuant to 5 CCR 1003-1, §§1.6.4(a)and 5.1.1(b),the System is required to submit the results of all
routine total coliform sampling and analyses to the Department for review within(a)the first ten(10)
days following the month in which the result is received,or(b)the first ten(10)days following the end
of the required monitoring period as stipulated by the Department,whichever of these is shorter.
13. Division records establish that the System failed to provide the Department with the results of its routine
total coliform analyses for the following monitoring periods:
Number of Number of
Quarter Year
Samples Required Samples Received
2n 1 Quarter 2010 1 0
3`a Quarter 2010 1 0
4th Quarter 2010 1 0
14. RJML's failure to submit the results of the System's routine total coliform analyses to the Department
constitutes violation(s) of 5 CCR 1003-1, §§1.6.4(a) and 5.1.1(b). Additionally, if RJML failed to
perform routine total coliform monitoring during the identified periods,such failure to perform the
monitoring constitutes violation(s)of 5 CCR 1003-1, §5.1.1(e)(1).
Second Violation
(Failure to Measure/Report Residual Disinfection Concentration)
RJMI,LW
Drinking Water—Enforcement Order and Admititratnve Penalty
Page 2 of 13
15. Pursuant to 5 CCR 1003-1,§13.2(a)(1),a groundwater source must be disinfected at all times that it is
used to serve water to the public. The groundwater system must use disinfection methods that are
approved by the Department.Groundwater source disinfection methods may include physical treatment
methods but must include at least one chemical treatment method.
16. Pursuant to 5 CCR 1003-1, §13.2(a)(2),the groundwater system must maintain a residual disinfectant
concentration whenever serving water from a groundwater source to the public.
17. Pursuant to 5 CCR 1003-1,§13.2(bX2),the residual disinfectant concentration in the distribution system
must be measured at least at the same points and at the same time as total coliforms are sampled.The
System must monitor for total coliform in each calendar quarter that the System provides water to the
public pursuant to 5 CCR 1003-1, §5.1.1(e)(l).
18. Pursuant to 5 CCR 1003-1, §§13.6(a)(2)and 1.6.4(a),the System shall report to the state the results of
any test measurement or analysis required by the Colorado Primary Drinking Water Regulations within
(1)the first ten calendar days following the month in which the result is received,or(2)the first ten
calendar days following the end of the required monitoring period, as stipulated by the Department,
whichever of these is shorter.
19. Review of bacteriological sampling results submitted to the Division establishes that the System did not
measure and/or report its residual disinfection concentration in the 2nd,3o°and tia quarters of calendar
year 2010.
20. RJML's failure to report for residual disinfectant concentrations in the distribution system constitutes
violation(s)of 5 CCR 1003-1, §§13.6(ax2)and 1.6.4(a). Furthermore,if RJML failed to measure the
residual disinfectant concentration in the distribution system, such failure constitutes violations of 5
CCR 1003-1, §13.2(b)(2).
Third Violation
(Failure to Obtain Plans and Specifications Approval Prior to Construction,
Improvements or Modifications)
21. Pursuant to 5 CCR 1003-1,§1.11.2(b),no person shall commence construction of any new waterworks,
or make improvements to or modify the treatment process of an existing waterworks,or initiate use of a
new source, until plans and specifications for such construction, improvements,modifications or use
have been submitted to,and approved by the Department. The Department shall grant such approval
when it finds that the proposed facilities are capable of complying,on a continuous basis,with design
criteria as stated above,and with all applicable laws,standards,rules and regulations.
22. During the June 5,2009,compliance inspection of the System,the Division Representative observed that
RJML had constructed and installed a reverse osmosis system without submitting plans and
specifications for the treatment equipment design to the Department.
RAE,LW
Drinking Water—Enforcement Order and Administrative Penalty
Page 3 of 13
23. In an inspection follow-up letter,dated June 5,2009,addressed to RJML,the Division Representative
advised RJML of the requirement for the plans and specifications approval for the System and requested
that RJML provide a written response addressing the failure to submit plans and specifications for the
System improvements for reverse osmosis treatment.
24. Division records to-date establish that the System did not respond to the Division Representative's June
5,2009,letter and did not submit plans and specifications for the System improvements for Department
approval.
25. Division records establish that RJML has not received plans and specifications approval from the
Department for the System's reverse osmosis treatment.
26. RJML's failure to submit and/or obtain Department approval of the System's plans and specifications
prior to construction,improvements or modifications to the System constitutes violation(s)of 5 CCR
1003-1, §1.11.2(b).
Fourth Violation
(Failure to Prepare a Written Miicrobiolozical Contaminants Sample-Siting Plan)
27. Pursuant to 5 CCR 1003-1,§5.1.1(a),the System must collect total colifonn samples at sites which are
representative of water throughout the distribution system according to a written sample-siting plan.
28. During the June 5,2009,compliance inspection of the System,the Division Representative determined
that the System lacked a properly designed bacteriological sampling plan pursuant to 5 CCR 1003-1,
§5.1.1(a).
29. In a letter reporting the results of the compliance inspection,dated June 5,2009,addressed to RJML,the
Division Representative advised RJML of the requirement for the written microbiological contaminants
sample-siting plan and requested that RJML respond in writing to the Division Representative by July
20,2009,with an outline of the course of action that will be taken and the date by which the System will
brought into compliance with the written microbiological contaminants sample-siting plan requirement.
30. Pursuant to 5 CCR 1003-1, §1.12.1(e), each monitoring plan prepared by the System must contain
Individual Rule Sampling Plans.
31. Division records to date establish that the System did not respond in writing to the Division
Representative's June 5,20009,letter and RJML has not prepared an adequate written microbiological
contaminants sample-siting plan.
32. RJML's failure to develop a written microbiological contaminants sample-siting plan for the System
constitutes violation(s)of 5 CCR 1003-1, §5.1.1(a).
Ma,[LC
Drinking Water—Pnfntnent Oder and Administrative Penalty
Page 4 of 13
Fifth Violation
(Failure to Develop/Submit a Monitoring Plan)
33. Pursuant to 5 CCR 1003-1,§1.12,each public water system shall develop and implement a monitoring
plan. The public water system shall maintain the plan and make it available for inspection by the
Department.
34. Pursuant to 5 CCR 1003-1,§1.12.2(a)(4),the System was required to submit a monitoring plan to the
Department by April 10,2006.
35. Pursuant to 5 CCR 1003-1, §1.12.1(e), each monitoring plan prepared by the System must contain
Individual Rule Sampling Plans. Each sampling plan shall meet all requirements of the respective
provision, including: (1) Frequency and approximate time of collection; (2) Sample site location
identification and associated identification number;(3)If appropriate,justification for the site selection;
(4) Sample preservation, quality assurance, and quality control procedures, including procedures for
equipment calibration;(5)Analysis procedure(certified laboratory or on-site by a party approved by the
Department);(6)Monitoring results presentation format;(7)Procedures to assess and report compliance
status for MCLs, ALs, MRDLs, TTs and, if applicable, disinfection byproduct precursor removal
efficiency;(8)The rationale used by the system to identify the sampling locations selected to represent
the distribution system,and(9)A process to review and update the selected distribution system sampling
locations to account for changes due to growth or other significant changes to the distribution system.
36. During the June 5,2009,compliance inspection of the System,the Division Representative determined
that the System lacked a monitoring plan detailing the System's background information, sources,
treatment and distribution system.
37. In a letter reporting the results of the compliance inspection,dated June 5,2009,addressed to RJML,the
Division Representative requested that RJML provide a written response addressing the inspection
identified deficiencies by July 20,2009.
38. Division records establish that RJML has neither developed nor submitted the required monitoring plan
to the Division.
39. RJML's failure to develop a monitoring plan for the System constitutes a violation of 5 CCR 1003-1,
§1.12. If RJML subsequently developed its monitoring plan, but failed to submit a copy of the
monitoring plan for the System to the Division, such failure constitutes a violation of 5 CCR 1003-1,
§1.12(a)(4).
Sixth Violation
(Failure to Imnlement a Cross-Connection Control Program)
40. Pursuant to 5 CCR 1003-1,§12.1,a public water system shall control hazardous cross-connections and
protect the public water system from contamination by implementing a cross-connection control program
in the following manner:
RIM,ilc
Drinking Water—Enforcement order end Adminbtrahve Penalty
Page 5.of 13
a. Identifying potentially uncontrolled hazardous service cross-connections.
b. Requiring system users to install and maintain containment devices on any uncontrolled
hazardous service cross connections,provided the Department has determined that the device is
consistent with the degree of hazard posed by the uncontrolled cross connection.
c. Installation of containment devices shall be approved by the public water system upon
installation.
8. All containment devices shall be tested and maintained as necessary on installation and at least
annually thereafter,by a Certified Cross-Connection Control Technician.
In addition,pursuant to 5 CCR 1003-1, §12.1(c),each public water system shall retain maintenance
records for three years for all containment devices and these records shall be available for Department
inspection.
41. During the June 5,2009,compliance inspection of the System,the Division Representative noted that
the System did not have a written Cross-Connection Control Program.
42. In a letter reporting the results of the compliance inspection,dated June 5,2009,addressed to RJML,the
Division Representative advised RJML of the requirement for the System to implement a cross-
connection control program and requested that RJML respond in writing to the Division Representative
by July 20,2009,with an outline of the course of action that will be taken and the date by which the
System will be brought into compliance with the cross-connection control program requirement
43. Department records to date establish that the System has failed to provide the Department with any
information demonstrating that the System has implemented a cross-connection control program.
44. RJML's failure to implement a cross-connection control program for the System constitutes violation(s)
of 5 CCR 1003-1, §12.1.
Seventh.Violation
(Failure to Retain System Records)
45. Pursuant to 5 CCR 1003-1,§1.6.3,each supplier shall retain on its premises or at a convenient location
near its premises the following records:
i. Records of microbiological analyses and turbidity analyses made pursuant to Articles 5 and 7 of
the Colorado Primary Drinking Water Regulations, for not less than five(5)years. Records of
chemical analyses for not less than ten(10)years. The actual laboratory reports may be kept,or
data may be transferred to tabular summaries,provided that the following information is included:
(1) The date,place,and time or sampling,and the name of the person who collected the sample;
RAIL,LW
Drinking WS—Enforcement Order and Administrative Penalty
Page 6 of 13
•
(2) Identification of the sample as to whether it was a routine distribution system sample,routine
entry-point-to-the-distribution sample (EPTDS), confirmation sample, raw or processed
water sample or a special purpose sample;
(3) Date of analysis;
(4) Laboratory and person responsible for performing analysis;
(5) The analytical technique/method used,and
(6) The results of the analyses.
ii. For each violation of the Colorado Primary Drinking Water Regulations,the records of action
taken by the public water system to correct the violation shall be kept for not less than three(3)
years after the date on which the last action was taken with respect to the particular violation
involved.
iii. Copies of any written reports, summaries or communications relating to sanitary surveys of the
system conducted by the system itself,a private consultant,or a local,state or federal agency shall
be kept for not less than ten(10)years after completion of the sanitary survey.
iv. Records concerning a variance or exemption granted to the system shall be kept for not less than
five(5)years following the expiration of such variance or exemption.
v. Copies of public notices and consumer confidence reports issued pursuant to Article 9 and
certifications made to the Department must be kept for not less than three(3)years after issuance.
vi. All records pertaining to the operation and water quality of a public water system are public
information and shall be made available to the public by the Department,at request,during normal
working hours.
vii. Upon request of the Department the public water system shall submit copies of any records
required to be maintained for public notification or copies of any documents in existence,which
the Department is entitled to inspect pursuant to the authority of the Colorado Primary Drinking
Water Regulations.
46. During the June 5,2009,compliance inspection of the System,the Division Representative determined
that written records or log sheets to indicate that the operator in charge, or that a delegated person, is
making the appropriate adjustments to chemical feeding equipment to ensure its operation dating back to
December 9, 2008,were not available on the site for review.
47. In a letter reporting the results of the compliance inspection,dated June 5,2009,and addressed to RJML,
the Division Representative advised RJML of the requirement for the System to make System
monitoring records available for review requested RJML to respond in writing to the Division
Representative by July 20,2009,with an outline of the course of action that will be taken and the date by
which the System will brought into compliance with the record keeping requirements.
LLC
Drinking Water—anrorcemcnl Order and Administrative Penalty
Page 7 of 13
48. Department records to date establish that the System failed to provide the Department with any
information indicating the action taken to address the System's record keeping deficiencies.
49. RJML's failure to retain System records on the premises,or at a convenient location near its premises,
constitutes violation(s)of 5 CCR 1003-1, §1.6.3.
COMPLIANCE REOUIREMENTS
Based upon the foregoing factual and legal determinations and pursuant to 5 CCR 1003-1, §1.6.7,RJML is
hereby ordered to:
50. Immediately comply with the Colorado Primary Drinking Water Regulations,5 CCR 1003-1,Articles 1
through 13.
Further,the Division hereby orders RJML to comply with the following specific terms and conditions of this
Enforcement Order.
51. Immediately take steps to comply with the microbiological contaminant and residual disinfectant
concentration monitoring/reporting obligations as required by 5 CCR 1003-1,Articles 5 and 13.
52. Within thirty (30) calendar days after receipt of this Order, RJML shall submit the results of any
microbiological contaminant (total coliform) and residual disinfectant concentration monitoring
performed for the second,third and fourth quarters of 2010.
53. If the second, third and fourth quarter 2010 total coliform and residual disinfectant concentration
sampling has not been conducted by the System,RJML shall collect a total coliform sample from the
distribution system,and/or at the entry point to the distribution system,according to the System's written
sample-siting plan within 20 calendar days of receipt of this Order. The total coliform and residual
disinfectant concentration samples must be collected properly and analyzed by a Department certified
laboratory in accordance with approved methods.RJML shall provide the Department with the results of
the total coliform and residual disinfectant concentration analyses within ten (10) calendar days of
receipt of the results from the laboratory.
54. Within sixty(60)calendar days after receipt of this Order,RJML shall develop and provide a written
records retention policy or procedure outlining how the System will retain System records on the
premises, or at a convenient location near its premises, in accordance with 5 CCR 1003-1,§1.6.3.
55. Within thirty(30)calendar days from the date of this Order,RJML shall develop,implement and submit
to the Division a monitoring plan pursuant to 5 CCR 1003-1, §1.12,which includes an individual rule
sampling plan/microbiological contaminant sample-siting plan,5 CCR 1003-1,§§1.12.1(e)and 5.1.1(a),
to reflect the System's current configuration,treatment and operation. The plan shall specifically outline
how RJML will ensure that samples collected are representative of water quality throughout the
distribution system(s),that samples should be taken both with temporal and spatial separation to ensure
RIML,LLC
Dunking Water—Fnforcemutt Order and Athnhistnttive Peaty
Page Bof13
representative samples are obtained of water quality throughout the distribution system and throughout
the month of service and that samples are not to be taken all on the same day.
A guidance document on how to prepare a monitoring plan can be viewed at the following internet
location:
http://www.cdphe.state.co.us/wq/drinkingwater/pdf/MonitoringPlanTemplate.pdf
A guidance document on how to prepare a small system microbiological rule sampling plan can be
viewed at the following Internet location:
http://www.cdphe_state.co.us/wq/drinkingwater/pdf/BulletinO2_01 BactSamplingPlanguidanceDoc.pdf
56. Within thirty(30)calendar days after receipt of this Order,RJML shall provide a written description of
how the System's Cross-Connection Control Program is being implemented.
A Sample Cross-Connection Control Program for Small Systems guidance document can be viewed at the following
internet location:
hap://www.cdphe.state.co.us/wq/drinkingwater/pdf/cross comtection controlpdf
57. Within sixty(60)calendar days after receipt of this Order,RJML shall submit for Department review
and approval, plans and specifications for the System's recently constructed reverse osmosis system.
Upon review of the submitted plans and specifications, if the Department determines that the
implemented system improvements are deficient, RJML shall within sixty (60) calendar days of the
Department's notice certify in writing that the deficiencies have been corrected, as necessary,and that
the System is now constructed in accordance with the Department approved design plans,specifications
and the Regulations.
The Division's application for Construction Approval can be found at the following internet location:
http://www.cdphe.state.co.us/wq/drinkingwater/pdf/CapacityDevelopment/Attachment2 NeWSyste
m_Capacity.pdf
58. Within thirty (30) calendar days after receipt of this Order,if it has not already done so,RJML shall
issue a public notice in accordance with 5 CCR 1003-1, §9.2 for each violation identified in this Order.
Within ten(10)calendar days of completion of each required public notification,RJML shall submit to
the Division, along with the mandatory certification, a representative copy of each type of notice
distributed,published,posted,and/or made available to the persons served by-the system and/or to the
media.
Additional guidance for proper public notification can be viewed at the following Internet location:
hitp://www.cdphe.state.co.us/wq/drinkingwater/pdf/PublicNotice/PN Guidance_Mar2003.pdf
RJML,LW
Drinking Water—Enforcement Order and Administrative Penalty
Pap 9of13
ORDER FOR ADMINISTRATIVE PENALTY
59. Pursuant to§25-1-114.1(2.5)(a),C.R.S.any person who violates the Colorado Primary Drinking Water
Regulations or any final Enforcement Order issued by the Department, shall be subject to an
administrative penalty as follows:
a. For systems that serve a population of more than ten thousand people,an amount not to exceed one
thousand dollars per violation per day;or
b. For systems that serve a population of ten thousand people or less, an amount not to exceed one
thousand dollars per violation per day,but only in an amount,as determined by the Division,that is
necessary to ensure compliance.
60. Based upon the facts described in this action the Department has determined that an administrative
penalty is appropriate in this matter and therefore assesses an administrative penalty of six-hundred and
sixty dollars ($660.00)for the specific violations identified in this action. The reasoning behind this
penalty amount is detailed in the administrative penalty methodology/calculation worksheet,which is
incorporated herein by reference and enclosed as Exhibit A.
Terms of Administrative J enalty Payment
61. If RJML does not contest the findings and penalty assessment set out above, payment of the
administrative penalty for the violations shall be forwarded to the Colorado Department of Public Health
and Environment within sixty(60)calendar days of the date of issue of this action. Method of payment
shall be by certified or cashier's check drawn to the order of the"Colorado Department of Public Health
and Environment,"and delivered to:
Colorado Department of Public Health and Environment
Water Quality Control Division/WQCD-B2-CAS
Compliance Assurance Section
Attention: Lauren Worley
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
(To facilitate payment processing,please ensure that Ms. Worley's name is on the outside of the
envelope).
62. Payment or appeal of the administrative penalty in this manner does not relieve RJML of its obligation to
perform the activities required by this enforcement action.
REAL,LW
Drinking Water—Enforcement Order and Administrative Penally
Page 10 of 13
NOTICES AND SUBMITTALS
63. For all documents,plans,records,reports and replies required to be submitted by this order,RJML shall
submit an original and one copy(electronic is preferred)to the Division at the following address:
Colorado Department of Public Health and Environment
Water Quality Control Division/WQCD-B2-CAS
Compliance Assurance Section
Attention:Lauren Worley
4300 Cherry Creek Drive South
Denver,Colorado 80246-1530
Email: lauren.worley@state.co.us
Fax: (303)782-0390
(For any facsimile transmittals,please include a cover sheet addressed to Ms. Worley).
64. All reports,notices,summaries,and certifications required to be submitted to the Division by the public
water system must bear the original signature of the owner or the owner's authorized representative.
NOTICE OF COMPLETION
65. RJML shall submit a Notice of Completion to the Division upon satisfactory completion of all
requirements of this Enforcement Order. The Division shall either accept or reject the Notice of
Completion in writing. If the Division rejects the Notice of Completion,it shall include in its notice a
statement identifying the requirements that the Division considers incomplete or not satisfactorily
performed and a schedule for completion. If RJML wishes to dispute the Division's rejection of its
Notice of Completion,it shall,within fifteen(15)calendar days of receipt of the Division's rejection,
submit a written statement as to its belief of full compliance, addressing in detail all concerns the
Division raised in the rejection letter to the System's Notice of Completion.
PRIOR APPROVAL REQUIRED
66. Pursuant to 5 CCR 1003-1,§1.11.2,no person shall commence construction of any new waterworks,or
make improvements to or modify the treatment process of an existing waterworks, or initiate use of a
new source, until plans and specifications for such construction, improvements,modifications or use
have been submitted to,and approved by the Department. The Department shall grant such approval
when it finds that the proposed facilities are capable of complying, on a continuous basis, with all
applicable laws,standards,rules and regulations.
RJML LLC
Drinking Water—Enforcement Order sad Administrative Penally
Page II of 13
POTENTIAL ADMINISTRATIVFJCIVIL AND CRIMINAL PENALTIES
67. You are also advised,pursuant to§25-1-114(4),C.R.S.,any person,association,or corporation,or the
officers thereof, who violates, disobeys, or disregards any provision of the Regulations or an
Enforcement Order is guilty of a misdemeanor and,upon conviction thereof,shall be punished by a fine
of not more than one thousand dollars($1,000),or by imprisonment in the county jail for not more than
one(1)year,or by both such fine and imprisonment and,in addition to such fine and imprisonment,shall
be liable for any expense incurred by health authorities in removing any nuisance, source of filth, or
cause of sickness. In the event that RJML does not achieve complete and timely compliance with all of
the terms and conditions outlined herein,including full and timely payment of administrative penalties,
the Department reserves,in addition to any other remedies allowed by law,its right under§25-1-114(4),
C.R.S.,to pursue an action for additional penalties.
REQUEST FOR HEARING OR APPEAL
68. You are further advised,pursuant to 5 CCR 1003-1,§1.6.7(g),that a recipient of an Enforcement Order
may request a hearing contesting such order. Requests for such a hearing shall be filed in writing with
the Department within thirty(30)calendar days after service of the order. Such requests,at a minimum,
shall contain the information specified in 5 CCR 1003-1, §1.6.7(g)and 5 CCR 1002-21, §21.4(BX2).
Hearings on Enforcement Orders shall be held in accordance with applicable provisions of the State
Administrative Procedure Act,Article 4 of Title 24, C.R.S.and the procedural rules promulgated in 5
CCR 1002-21.
69. Pursuant to §25-1-114.1(2.5)(b)C.R.S. an Administrative Penalty Assessment may be appealed to the
Water Quality Control Commission. Requests for such an appeal should be filed in writing with the
Water Quality Control Commission within thirty (30) calendar days after service of the penalty
assessment. Such requests, at a minimum, shall contain the information specified in 5 CCR 1002-21,
§21.4(BX2). Hearings on Administrative Penalty Assessments shall be held in accordance with
applicable provisions of the State Administrative Procedure Act,Article 4 of Title 24,C.R.S. and the
procedural rules promulgated in 5 CCR 1002-21.
ADDITIONAL ACTION
70. You are further advised that under§25-1-114.1(1),C.R.S.,the Department may institute a civil action
against any person who violates a final Enforcement Order of the Department issued for violation of any
minimum general sanitary standard or regulation adopted pursuant to§25-1.5-203, C.R.S.
71. Additionally,the Department may request the Attorney General to seek a temporary restraining order or
permanent injunction to prevent or abate any violation of a minimum general sanitary standard or
regulation adopted pursuant to§25-1.5-203,C.RS. Further information concerning the aforementioned
action is contained in§25-1-114.1(3),C.R.S.
KM,u-c
Drinking Water—Enforcement Once and Administrative Penalty
Page 12 of 13
Issued at Denver, Colorado,this ISt%tday of 244,c-4,2011.
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
D
Lori M. Gerzina, ection gar
Compliance Assurance Section
Water Quality Control Division
Rita,LLC
Drinking Water-Enforcement Order and Administnirve Penalty
Page 13 of 13
Itchlblt A,
RJML,LLC d/b/a LA MARAVILLA RESTAURANT/LOUNGE
PUBLIC WATER SYSTEM IDENTIFICATION NUMBER: CO-0262466
WELD COUNTY,COLORADO
ADMINISTRATIVE PENALTY COMPUTATION WORKSHEET
(March 15,2011)
Penalty Summary
Penalty Calculation-Violation Number 1 5360.00
Violation:Failure to Monitor and/or Report for Microbiological Contaminants
Regulation Violated: 5 CCR 1003-1, §§1.6.4(a), 5.1.1(b)and(e)(1)
Penalty Calculation-Violation Number 2 $300.00
Violation:Failure to Measure/Report Residual Disinfection Concentration
Regulation Violated: 5 CCR 1003-1, §§1.6.4(a), 13.2(a)(2)and(bX2)
TOTAL PENALTY $660.00
RIML,LLC
Adminiabativc Penalty Computation WoSteet
Page loll
tug
ADMINISTRATIVE PENALTY COMPUTATION WORKSHEET
VIOLATION NUMBER: 1
'System.Name:La MaravillaResthurant/L0unge PWSID;'Number; CO4262466
Date of Enforcement Orden March 15;2011 . Number: DC-11031fi2
Regulation Violated:Failure teldonitor and/or eport Population-Served,-U5
for Microbiological thntan*iants,5 CCR:1000-1,
5.1.100 end(e i)
Part I—Base Penalty Calculation
Vlolation,Type;.` Population Range Dol Amoars
lar3
Line 1 Failure to Monitor and/or Report for
Microbiological Contaminants,5 CCR <500 Served $60.00
1003-1,§§1.6.4(a),5.1.1(b)and(e)(1)
Part II—Anniication of Aggravating or Mitiieatipa Factors
Aggravating/Mitigating Factors %Base Penalty Amount i n
bicrease or Decrease Dollars
Line 2 Factor A:Threat to Public Health and Welfare $0.00
Justification. n/a
Line 3 Factor B:Intentional,Reckless,or Negligent $0.00
Actions
Justification:n/a
Line 4 Factor C:Recalcitrance or Recidivism I 1 $0.00
Justification:n/a
Line 5 Factor D:Voluntary and Complete Disclosure $0.00
of Violations
Justification:n/a
Line 6 Factor E:Full and Prompt Cooperation I I $0.00
Justification:n/a
Line 7 Factor F:Environmental Compliance Program [ 1 $0.00
Justification:n/a
Line S Factor G: Other Aggravating or Mitigating $0.00
Circumstances
Justification:n/a
Line 9 Sum of Lines 2 through Line 8 $0.00
Line 10 Adjusted Base Penalty(Sum of Lin t+use 9) $60.00
RAIL,t2 C
Administrative Penalty Campuhtion Worksheet
Page 2 of 2
ixhlbitA
Part TIT—Determination of Days of Violation
Days of
Violation
Line 11 Total Days of Violation I 3
Justification: The Division has chosen to consider the 2n° 3'd and 4`" Quarter 2010 failure to
monitor and/or report for microbiological contaminant violations as a single day violations
respectively.
Part IV—Determination of Multi-Day Penalty Amougl
Amount in
Dollars
Line 12 Multi-Day Penalty Amount I 5180.00
Calculation:
Total Days of Violation(3) x ($60.00) =$180.00
Part V—Economic Benefit Consideration
Amount in.
Dollars
Line 13 Economic Benefit: I S180.00
Justification: The Division believes that the System realized an economic benefit by failing to
monitor since it has avoided its cost for the tests itself as well as the cost of the labor involved
in obtaining sample bottles,conducting the testing, and transporting the samples to a lab.
Calculations:
Laboratory Cost for Analysis of Microbiological Contaminants($20.00)x(3)=$60.00
Sampling and Handling Cosh(40.001x(3)=$120.00
Part VI—Violation Penalty Total
Amount in
Dollars
Line 14 Total Administrative Penalty:
(Line 12+Line 13) $360.00
Part VII—Ability to Pay Adjustment
Amount in
Dollars
Line 15 Abilty to Pay Reduction: J $0.00
Justification:Not Applicable. The Division does not have any documented information
suggesting that the RTML, LLC has an inability to pay the assessed penalty amount.
Part VIII—Final Adiusted Penalty
Amount in
Dollars
Line 16 Total Administrative Penalty: $360
.00
(Line 14-Line 15)
MIL,LW
Administrative Penalty Computation Worksheet
Page 3of3
fxhibitA
ADMINISTRATIVE PENALTY COMPUTATION WORKSHEET
VIOLATION NUMBER:2
system Name:La ME vilta.Restaurant/Lounge I PWSID Number: CO 262466
Date;of Enforcement Order:March 15,2011 I Number: .DC-110315-2:
Regulation Violated:Failuret iMestue/Repott PopulationSeried: 125;
Residual Disinfection Concentration,5 COI 1003-1,
§§L6.4(a),1.3.2(a)X2)"and(bX2)
Part I—Base Penalty Calculation
Amount in
Violation Type Population Range
,, Dollars
Line I Failure to Measure/Report Residual <500 Served $30.00
Disinfection Concentration
Part II—Application of Anravating or Mitigating Factors
Base Penalty Aotountin
Aggavatieg;/mitigating Faxtor9 Incrnisto or Decrease- Dollars
Line 2 Factor A:Threat to Public Health and Welfare $0.00
Justification:n/a
Line 3 Factor B:Intentional,Reckless,or Negligent $000
Actions
Justification:n/a
Line 4 Factor C:Recalcitrance or Recidivism I I $0.00
Justification:n/a
Line 5 Factor D:Voluntary and Complete Disclosure $0.00
of Violations
Justification: n/a
Line 6 Factor E:Full and Prompt Cooperation I j $0.00
Justification:n/a
Line 7 Factor F:Environmental Compliance Program I I $0.00
Justification: n/a
Line 8 Factor G:Other Aggravating or Mitigating $0.00
Circumstances
Justification:n/a
Line 9 Sum of Lines 2 through Line 8 $0.00
Line 10 Adjusted Base Penalty(s.a of Line 1+Line 9) $30.00
RJML,LLC
Administrative Penally Computation Worksheet
Page 4 of 4
ExhibitA
Pad Iii—Determination of Days of Violation
Days of
Violation.
Line 11 Total Days of Violation I 3
Justification: The Division has chosen to consider the 2n° 3"r and 4 Quarter 2010 failure to
measure/report residual disinfection concentration violations as single day violations respectively.
Pad IV—Determination of Multi-Day Pgpalty Amount
Amount in
Dollars
Line 12 Multi-Day Penalty Amount I $90.00
Calcaladons:
Total Days offloladon(3) x ($30.00) = $90.00
Part V—Economic Benefit Consideration
Amount in
Dollars
Line 13 Economic Benefit: I 5210.00
Justification: The Division believes that the System realized an economic benefit by failing to
monitor since it has delayed its cost for the tests itself as well as the cost ofthe labor involved
in obtaining sample bottles, conducting the testing, and transporting the samples to a lab.
Calculations:
Laboratory Cost for Analysis of Chlorine($30.00)x(3)=$90.00
Sampling and Handling Costs(40.00)x(3)_$110.00
Part VI—Violation Penalty Total
Amonrttin
Doll
Line 14 Total Administrative Penalty: $300.00
i (Line 12+Line 13)
Part VII—Ability to Pay Adjustment
Amount in
Dollars
Line 15 Ability to Pay Reduction: I $0.00
f Justification:Not Applicable. The Division does not have any information suggesting that the
RJML,LIE has an inability to pay the assessed penalty amount.
Part VIII—Final Adjusted Penalty
Amount in
Dollars
Line 16 Total Administrative Penalty; $300.00
(Line 14-Line 15)
RJM4 LLC
Administrative Penalty Computation Worksheet
Page 5of5
STATE OF COLORADO
John W.Hldoenlooper,Governor
Christopher E.Urbrtm,MD,MPH .•k.
Executive Director and Chief Medical Officer F, -;y,'-
Dedicated to protecting and improvkg the health and environment of the people of Colorado * 4i
4300 Cherry Creek Dr.S. Laboratory Services Division ••7•
Denver.Colorado 80246-1530 8100 Lowry Blvd. �S
Phone(303)692-2000 Denver,Colorado 80230.6928 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public
http-/www.cdphe.state.co.us and Environment
December 13, 2011
PWSID# CO-0262466
Mr. Ruben J. Rodriguez, Registered Agent Certified Mall Number: 7010 2780 0002 8752 3666
RJML, LLC (d/b/a Club La Maravilla Lounge)
232 Elizabeth Ct.
Fort Lupton, CO 80621
RE: Service of Amendment to Enforcement Order Number: DT-110315-2
Dear Mr. Rodriguez:
RJML, LLC is hereby issued the enclosed amendment to the Enforcement Order (Number: DT-
110315-2) that was issued to RJMI„ LI,C on March 15, 2011. This order amendment is issued
by the Colorado Department of Public Health and Environment's Water Quality Control
Division (the "Division") pursuant to the authority given to the Division by §25-1.5-203 of the
Colorado Revised Statutes.
Should you desire to discuss this matter with the Division or if you have any questions regarding
the order amendment(s), please don't hesitate to contact Lauren Worley of this office at (303)
692-3547 or by electronic mail at lauren.worley@state.co.us.
Sincerely,
; -
Russell Zigler, Legal Assistant
Compliance Assurance Section
Enforcement Unit
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
cc: Weld County Dept of Public Health& Environment
Compliance Monitor/ Drinking Water File
ec: Doug Camrud, Engineering Section, CDPHE
Dick Parachini, Watershed Program, CDPHE.
Lori Moore, Facility Operators Program, CDPHE
Shawn McCaffrey, EPA Region VIII
RJML, LLC(d/b/a Club La Maravilla)
Enforcement Order Amendment No. I
Page 2 of 2
Nicole Grisham, Division of Environmental Health and Sustainability, CDPHE
Michael Beck, Grants and Loans Unit. CDPHE
Lauren Worley, Case Lead, CDPHE
Russ Brown, ORC, RJML, LLC (d/b/a Club La Maravilla Lounge)
Enclosure
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
,4
V WATER QUALITY CONTROL DIVISION
AMENDMENT NUMBER ONE
ENFORCEMENT ORDER NUMBER: DT-I 10315-2
IN THE MATTER OF: RJML, LLC
d/b/a: CLUB LA MARAVILLA LOUNGE
PUBLIC WATER SYSTEM IDENTIFICATION NUMBER: CO-0262466
WELD COUNTY,COLORADO
Pursuant to the authority vested in the Colorado Department of Public Health and Environment (the
"Department")by§25-1-109 and§25-1.5-203 of the Colorado Revised Statutes("C.R.S."),which authority is
implemented through the Department's Water Quality Control Division(the"Division").the Division hereby
makes the following findings and issues the following Amendment Number One to Enforcement Order
Number DT-110315-2:
GENERAL FINDINGS
1. On March 15, 2011, the Division issued an Enforcement Order, Number: D7'-110315-2 ("Enforcement
Order") to RJML. LLC ("RJMI;') (d/b/a Club La Maravilla Lounge) citing violations of the Colorado
Primary Drinking Water Regulations for failure to monitor and/or report for microbiological contaminants;
failure to measure/report residual disinfection concentration; failure to obtain plans and specifications
approval prior to construction,improvements or modifications;failure to prepare a written microbiological
contaminants sample-siting plan; failure to develop/submit a monitoring plan; failure to implement a
Cross-Connection Control Program; and, failure to retain system records. The Enforcement Order is
attached hereto as Exhibit A and is incorporated herein by reference.
2. Paragraph 57 of the Enforcement Order required RJML to submit plans and specifications for the RJML's
recently constructed reverse osmosis system within sixty (60) calendar days of RJML's receipt of the
Enforcement Order.
3. Division records establish that the reverse osmosis system connected to the ice maker in Club La
Maravilla Lounge, the public water system owned and operated by RJML, has been removed.
4. Division records establish that RJML failed to comply with the maximum contaminant level for Nitrate in
the second quarter(April—June) and the third quarter(July—September)of 2011.
wMl..LLC
dib/a Club I Manville Lounge
Enforcement Order DT-1 10315-2.Amendment No. 1
Page I of 4
5. Division records establish that RJMI,submitted design plans for the complete treatment facility,including
a new ion exchange Nitrate removal system,to the Division pursuant to paragraph 57 of the Enforcement
Order on May 26. 2011.
6. In a letter dated July 26, 2011, addressed to RJMI., the Division notified RJMI, that the plans and
specifications submitted by RJML on May 26. 2011 did not meet the requirements of the Slate of
Colorado Design Criteria for Potable Water Systems.that the Division required additional information
from RJMI,to complete the review process,and that the review process for the project had been placed on
hold pending resolution of the requested additional information.
7. Division records establish that RJML has failed to submit the additional information requested in the
Division's July 26, 2011 letter.
8. After re-evaluating the facts associated with the issuance of Enforcement Order Number:DT-110315-2,
the Division has determined that the following amendments to the enforcement order are appropriate.
AMENDMENT NUMBER ONE
9. Effective as of the issue date of this Amendment,Enforcement Order Number: DT-110315-2 is therefore
amended as follows:
a. The following new paragraphs 9(a)(i xi)are hereby incorporated into Enforcement Order Number:
DT-110315-2:
Eighth Violation
(Exceedance of the Maximum Contaminant Level for Nitrate)
i. Pursuant to 5 CCR 1003-1, §2.2, Table 2-3(11), all public water systems are subject to the
Nitrate maximum contaminant level of 10 mg/L (as nitrogen).
ii. Pursuant to 5 CCR 1003-1, §6.1.5(b)(1), the System is required to collect a minimum of one
Nitrate sample at every entry point to the distribution system which is representative of each
groundwater source after treatment.
iii. Pursuant to 5 CCR 1003-1, §6.1.5(e)(4), transient non-community systems are required to
monitor for Nitrate annually.
iv. Pursuant to 5 CCR 1003-1, §6.1.5(h). the Department may require more frequent monitoring
than specified in 5 CCR 1003-1, §§6.I.5(c),(d),(e)and(f)or may require confirmation samples
for positive and negative results at its discretion.
v. The Division placed the System on a quarterly Nitrate monitoring schedule as of January 1.2009
as a result of the System's Nitrate maximum contaminant level excecdance on December 9,2008.
RAMr.IA LC
diM.Club I a Maravilla lounge
Enlineemenl Order DT-I 10315-2.Amendment Nu. I
liege 2 of 4
vi. Pursuant to 5 CCR 1003-1, §6.1.5(g)(2),when Nitrate sampling results indicate an exceedance
of the maximum contaminant level,the System must take a confirmation sample within twenty-
four(24)hours of the system's receipt of notification of the analytical results of the first sample.
Systems unable to comply with the 24-hour sampling requirement must immediately notify
persons served by the public water system in accordance with 5 CCR 1003-1, §9.2 and meet
their Tier 1 public notification requirements under 5 CCR 1003-1,Article 9.Systems exercising
this option must take and analyze a confirmation sample within two(2)weeks of notification of
the analytical results of the first sample.
vii. Pursuant to 5 CCR 1003-1, §1.6.4(a), the System is required to report to the Department the
results of the System's Nitrate analyses within(1)the first ten calendar days following the month
in which a result is received, or(2)the first ten calendar days following the end of the required
monitoring period, as stipulated by Department. whichever of these is shorter.
viii. Pursuant to 5 CCR 1003-1. §6.1.3(a)(3), compliance with the maximum contaminant level for
Nitrate is determined based on one sample if the level of this contaminant is below the
maximum contaminant level. If the level of Nitrate exceeds the maximum contaminant level in
the initial sample, a confirmation sample is required in accordance with 5 CCR 1003-1,
§6.1.5(g)(2), and compliance shall be determined based on the average of the initial and
confirmation samples.
ix. Department records establish that the System has reported the following Nitrate monitoring data
at entry point 003 for the second and third quarters of calendar year 2011 to the Division in
exceedance of the maximum contaminant level:
Sample Date Nitrate Sampling Results
Quarter in mg/L(as nitrogen)
4-11-11 (initial) 11.05 _
2"d Q 2011 4-20-11 (confirmation) 11.12
2°"Q 2011 Average: 11.09
7-12-11 (initial) 11.47
3'd Q 2011 Not Collected (confirmation) N/A
3rd Q 2011 Average: 11.47
x. The average of the results of the System's initial and confirmation Nitrate sampling at entry
point 003 for the second quarter and the third quarter of calendar year 2011 equal 11.09 mg/L
and 11.47 mg/I, (as nitrogen), respectively; both values exceeding the Nitrate maximum
contaminant level.
RJMI..I.LC
d/Wa Club I Maravilla Lounge
Enforcement Order DT-110315.2.Amendment No. I
Page 3 of 4
xi. RJML's's failure to maintain compliance with the Nitrate maximum contaminant level
constitutes violation(s) of 5 CCR 1003-1, §§2.2,Table 2-3(11)and 6.1.3(a)(3).
b. The following new paragraphs 9(b)(i)(1 — 3) are hereby incorporated into the Compliance
Requirements section of Enforcement Order Number: DT-110315-2:
i. In order to ensure long-term compliance with the Colorado Primafy Drinking Water Regulations,
specifically including the Nitrate maximum contaminant level for public water supplies, RJML
shall evaluate and upgrade, as needed, the System's water sources and/or treatment processes in
accordance with the following schedule:
(1) Within thirty (30) calendar days from the date of this Amendment Number One, submit the
additional information requested by the Division in the July 26, 2011 letter sent to RJMI, in
order to submit Final Design Plans and Specifications for the System improvements to comply
with the maximum contaminant level for Nitrate for Department review and approval in
accordance with the State of Colorado Design Criteria for Potable Water Systems.
(2) Within ninety (90) calendar days from the date of Division approval of design plans and
specifications, complete construction/implementation of the Department approved System
improvements to ensure long-term compliance with the maximum contaminant level for
Nitrate.
(3) Within fourteen (14) calendar days of completion/implementation of the System
improvements,submit a completed Construction As Approved Certification Form certifying
that the System improvements to comply with the maximum contaminant level for Nitrate
were constructed/installed as approved by the Department. This form is available at:
http://www.cdphe.stale.co.us/ q/engineering/pdf/20!0/ContstructionCertFormDrinkingWater.pdf
SCOPE OF AMENDMENT NUMBER ONE
The scope of this Amendment Number One to Enforcement Order Number: DT-110315-2 is limited to the
revisions outlined above. All other terms and conditions of the Enforcement Order shall remain unchanged
and in effect.
Issued at Denver. Colorado, this i 3'44-day of porde , 2011.
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Lori M. Gerzina, Sectio Manager
Compliance Assurance Section
Water Quality Control Division
IUMI..I.LC
d/b/a Club Is Manville Lounge
Enforcement Order DT-110315-2.Amendment No. I
Page 4 of 4
xrIIutt N
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
I, A
* . WATER QUALITY CONTROL DIVISION
ENFORCEMENT ORDER& NUMBER: DT-11015-2
ADMINISTRATIVE PENALTY ASSESSMENT
IN THE MATTER OF: RJML,LLC
d/b/a:LA MARAVILLA RESTAURANT/LOUNGE
PUBLIC WATER SYSTEM IDENTIFICATION NUMBER:CO-0262466
WELD COUNTY,COLORADO
Pursuant to the authority vested in the Colorado Department of Public Health and Environment (the
"Department")by§25-1-109 and§25-1.5-203 ofthe Colorado Revised Statutes("C.R.S."),which authority is
implemented through the Department's Water Quality Control Division(the"Division"),the Division hereby
makes the following findings and issues the following Enforcement Order:
GENERAL FINDINGS
1. RJML, LLC ("RJML") owns and/or operates a drinking water system, !mown as La Manville
Restaurant/Lounge,located at 232 Elizabeth Coutt,Fat Lupton,Colorado,in Weld County,Colorado
(the"System").
2. RJML is a personas defined by 5 CCR 1003-1,§1.5.2(98).
3. RJML is a supplier of water within the meaning of §25-1.5-201(2), C.R.S. and its implementing
regulation,5 CCR 1003-1, §1.5.2(128).
4. The System is a public was system as defused by §25-1.5-201(1), C.R.S. and its implementing
regulation,5 CCR 1003-1, §1.5.2(107).
5. The Public Water System Identification Number("PWSID")assigned to the System by the Division is
PWSID#:CO-0262466.
6. Pursuant to 5 CCR 1003-1, §1.2, the System is subject to the Colorado Priaawy Driaking Water
Regulations(the"Regulations"),which were adopted pursuant to§25-1.5-203,CRS.
7. The RIML provides piped water for human consumption from the System to at least twenty-five(25)
people,but the System does not regularly serve at least twenty-five(25)of the same persons over six(6)
RAE,LLC
MAIN runt-PaSo.cmml Oa.ad Aawniliw Pro*
Pr 1413
xh
months per year. The System is therefore classified as a"transient,non-commnuurty water system"as
defined by 5 CCR 1003-1, §13.2(137).
8. The System's source of water is groundwater as defined by 5 CCR 1003-1,§1.5.2(63).
9. On June 5, 2009, the Weld County Department of Public Health & Environment ("Division
Representative')conducted a compliance impaction ofthe System,pursuant to 5 CCR 1003-1,§11.1(c),
on behalf of the Division,pursuant to the Division's authority under§25-1.5-204,C.R.S.,and 5 CCR
1003-1,§1.7,to determine the System's compliance with the Regulations.
First Violation
frame to reaitm. and/or Report fbr bfierehimbdeal Camlakenid
10. Pursuant to S CCR 1003-1, §5.1.1(a),the System must collect total coliform samples at sites that are
representative of water throughout the distribution system,according to a written sample-siting plan.
11. Pursuant to 5 CCR 1003-1,§53.1(ex1),the System,which serves less than 1,000 persons,must monitor
in each calendar quarter that the system provides water to the public.
12. Pursuant to 5 CCR 1003-1, §§1.6.4(a)and 5.1.1(b),the System is required to submit the results of all
routine total coliform sampling and analyses to the Department for review within(a)the first ten(10)
days following the month in which the result is received,or(b)the first ten(10)days following the end
of the required monitoring period as stipulated by the Department whichever of these is shorter.
13. Division records establish that the System failed to provide the Department with the results ofits routine
total coliform analyses for the following monitoring periods:
Number of Number of
Quarter Year
Samples Required Sample Received
2"Quarter 2010 1 0
- 3'a Quarter 2010 1 0
411 Quarter 2010 1 0
14. RJML's failure to submit the results of the System's routine total colifcem analyses to the Department
constitutes violation(s) of 5 CCR 1003-1, §§1.6.4(a)and 5.1.1(b). Additionally, if RJML failed to
perform routine total coliform monitoring during the identified periods,such failure to perform the
monitoring constitutes violation(s)of 5 CCR 1003-1, §5.1.1(eX1).
,Second Violation
aa6,u.C
orb wa.-Edna Ordered AdiddseriaPrb
Pile ot13
ExhibEt n
15. Pursuant to 5 CCR 1003-1,§13.2(ax1),a gromdwater source must be disinfected at all times that it is
used to serve water to the public. The groundwater system must we disinfection methods that are
approved by the Department.Gromdwater source disinfection methods nay include physical treatment
methods but must include at least one chemical treatment method.
16. Pursuant to 5 CCR 1003-1,§132(a)(2),the groundwater system must main a residual disinfectant
concentration whenever serving water from a gro ndwatea source to the public.
17. Pursuant to 5 CCR 1003-1313.2(6)(2),the residual disinfectasteaocantratioa inthe distribution system
must be mewed at least at the same points and at the same time as total coliforms are sampled.The
System must monitor for total coliform in each calendar quarter that the System provides water to the
public pursuant to 5 CCR 1003-1, §5.1.1(ex1).
18. Pursuant to 5 CCR 1003-1,§§13.6(ax2)and 1.6.4(a),the System shall twat to the state the results of
any test measurement or analysis tequired by the Colorado Primary Drinking Water Regutaliaawithin
(1)the first tan calendar days following the month in which the result is received,or(2)the first ten
calendar days following the end of the required monitoring period,as stipulated by the Department,
whichever of these is shorter.
19. Review of bacteriological sampling results submitted to the Division establishes that the System did net
measure and/or report its residual disinfection concentration in the 2s,3i°and 4a quarters of calendar
year 2010.
20. RJML's failure to report for residual disinfectant concentrations in the distribution system constitutes
violation(s)of 5 CCR 1003-1,§§13.6(a)(2)and 1.6.4(a). Furthermore,if RJML failed to measure the
residual disinfectant concentration in the distribution system, such Mute constitutes violations of 5
CCR 1003-1, §13.2(6x2).
Third Violation
ONAiimbalsialindiggasatimithlannanCeminglins
21. Pursuant to 5 CCR 1003-1,§1.11.2(b),m person shall commence construction of any new waterworks,
or make improvements to or modify the treatment proems ofan existing walawalts,or initiate use of a
new source,until plans and specifications for such construction,improvements,modifications or use
have been submitted to,and approved by the Department The Department shall grant such approval
when it finds that the proposed thcilities are capable of complying,on a continuous basis,with design
criteria as stated above,and with all applicable laws,standards,rules and regulations.
22. During the June 5,2009,compliance inspection of the System,the Division Representative observed that
RAIL had constructed and installed a reverse osmosis system without submitting plans and
specifications for the treatment equipment design to the Deportment
la LIZ
Midis Ws -_-- Order ad Prig
ran 3d 13
Exh hit �.
23. In an inspection follow-up letter,dated June 5,2009,addressed to RJML,the Division Representative
advised RJML of the requirement for the plans and specifications approval for the System and requested
that RJML provide a written response addressing the failure to submit plans and specifications for the
System improvements for reverse osmosis treatment.
24. Division records to-date establish that the System did not respond to the Division Representative's June
5,2009,letter and did not submit plans and specifications fir the System improvements for Depadmat
approval•
25. Division records establish that RJML has not received plans and specifications approval from the
Department for the System's reverse osmosis treatment
26. R]ML's failure to submit and/or obtain Department approval of the System's plans and specifications
prior to construction,improvements or modifications to the System constitutes violation(s)of 5 CCR
1003-1, §1.11.2(b).
Fourth Violation
Tailors to Prepare a Written Mierebiolsdeal Caatassiaaalt Saaab-Sltiat Plan)
27. Pursuant to 5 CCR 1003-1,§5.1.1(a),the System must collect total colifams samples at sites which are
representative of water throughout the distribution system according to a written sample-siting plea
28. During the June 5,2009,compliance inspection of the System,the DlvisionRepresentative determined
that the System lacked a properly designed bacteriological sampling plan pregnant to 5 CCR 1003-1,
§5.1.1(a).
29. In a letter reporting the rests ofthe compliance inspection,dated June 5,2009,addressed to RJML,the
Division eve advised RJML of the requirement for the written miaO11O1ogieal coctamt
sample-siting plan and requested that RJML respond in writing to the Division Representative by July
20,2009,with an outline of the course ofactionthatwill betaken and the date by which the System will
brought into compliance with the written microbiological contaminants sample-siting plan requirement.
30. Pursuant to 5 CCR 1003-1, §1.12.1(e), each monitoring plan prepared by the System must contain
Individual Rule Sampling Plans.
31. Division records to date establish that the System did not respond in writing to the Division
Representative's lime 5,20009,letter and RJML has not prepared an adequate written microbiological
contaminants semple-siting plan.
32. RJML's failuac to develop a written microbiological ooataminands sample-siting plan for the System
constitutes violation(s)of 5 CCR 1003-1, §5.1.1(a).
a LW
Middle Mar-F.a,ewatorr..a. tawwaally
pip of 13
Exhibit. a
Fifth Violation
33. Pursuant to 5 CCR 1003-1,§1.12,each public water system shall develop and implement a monitoring
plan. The public water system shall maintain the plan and make it available for inspection by the
Department.
34. Pursuant to 5 CCR 1003-1,§1.12.2(ax4),the System was required to submit a monitoring plan to the
Department by April 10,2006.
35. Pursuant to 5 CCR 1003-1, §1.12.1(e), each monitoring plan prepared by the System must contain
Individual Rule Sampling Plans. Each sampling plan shall meet all requirements of the respective
provision, incladiog: (1) Frequency and approacimate time of collection; (2) Sample site location
identification and associated identification number,(3)If appropriate,justification for the site selection;
(4) Sample preservation, quality assurance,and quality control procedures,including procedures for
equipment calibration;(5)Analysis procedure(certified laboratory or on-site by a party approved by the
Department);(6)Monitoring results presentation format;(7)Procedures to assess and repot compliance
status for MCLs, ALs, MRDLs, 1Ts and, if applicable, disinfection byproduct precursor removal
efficiency;(8)The rationale used by the system to identify the sampling locations selected to represent
the distribution system,and(9)A process to review and update the selected dist ibuiensystam sampling
locations to account for changes due to growth or other significant changes to the distribution system.
36. During the June 5,2009,compliance inspection of the System,the Division Representative determined
that the System lacked a monitoring plan detailing the System's background information, sources,
treatment and distribution systan.
37. In a letter reporting the results of the compliance inspection,dated June 5,2009,addcesseed to RJML,the
Division Representative requested that RJML provide a written response addressing the inspection
identified deficiencies by July 20,2009.
38. Division records establish that RJML has neither developed nor submitted the required monitoring plan
to the Division.
39. RJML's failure to develop a monitoring plan for the System constitutes a violation of 5 CCR 1003-1,
§1.12. If RJ1VII, subsequently developed its monitoring plan, but failed to submit a copy of the
monitoring plan for the System to the Division,such failure constitutes a violation of 5 CCR 1003-1,
§1.12(aX4).
Sixth Violation
40. Pursued to 5 CCR 1003-1,§12.1,a public water system shall control hazardous cross-connections and
protectthe public water system fmmcontaminationby implementing a am-connection control program
in the following manner:
Int Kati.-B brew Gar r rlAbar+r.u..Paw
tssou l
Exhibit p
a. Identifying potentially uncontrolled hazardous rice cross-connections.
b. Requiring system users to install and maintain containment devices on any uncontrolled
hasardom service cross connections,provided Ut Departnrcnt has detennirtd that the device is
consistent with the degree of hazard posed by the uncontrolled cross connection
c. installation of containment devices shall be approved by the public water system upon
imctalladon.
d. All containment devices shall be tested and maintained as necessary on installation and at least
annually thereafter,by a Certified Cross-Connection Control Technician.
In addition,puracmot to 5 CCR 1003-1,§12.1(c),each public water system shall retain maintenance
records for three years for all containment devices and these records shall be available for Department
inspection.
41. During the June 5,2009,compliance inspection of the System,the Division Representative noted that
the System did not have a written Cross-Connection Control Program.
42. buttoner repotting the results of the compliance inspection,dated June 5,2009,addressedto RJML,the
Division Representative advised RJML of the requirement for the System to implement a cross-
connection control program and requested that RJML respond in writing to the Division Representative
by July 20,2009,with an outline of the cane of action that will be taken and the date by which the
System will be brought into compliance with the cross-oomection cool program requirement
43. Department records to date establish that the System has failed to provide the Department with any
information demonstrating that the System has implemented a crossconnection control program.
44. RJML'a failure to implement a cross-wmection control;engrain for the System constitnlwvioletion(s)
of 5 CCR 1003-1, §12.1.
Seventh Violation
grafters to Beloit Sakai Records)
45. Pursuant to 5 CCR 1003-1,§1.6.3,each supplier shall retain on its premises or at a convenient location
near its premises the following records:
i. Records of microbiological analyses and turbidity analyses made pursuant to Articles S and 7 of
the Colorado Primary Drinking Water Regulations,for not less than five(5)years. Records of
chemical analyses for not Less than ten(10)years. The actual laboratory reports may be kept,or
data may be transferred to tabular summaries,provided that the following infomation is included:
(1) The date,place,and time or sampling,and the name oftheprrson who collected the sample;
Pat LW
ntaia•a Mar-L.._ ntOS and Adriatic Portly
Pge6 of 13
�xr bit
•
(2) Identification of the sample as to whether it was a routine distribution system ample,tontine
entry-point-to-the on sample (EPRDS), confirmation sample, raw or processed
water sample or a special purpose sample;
(3) Date of analysis;
(4) Laboratory and person responsible for pafomming analysis;
(5) The analytical technique/method used,and
(6) The results of the analyses.
ii. For each violation of the Colorado Primary Drinking Water Regulations,the records of action
taken by the public water system to correct the violation shall be kept for not less than three(3)
years after the date on which the last action was taken with respect to the particular violation
involved.
iii. Copies of any writbst reports,summaries or oommtmicasiem relating to sanitary surveys of the
system conducted by the systemheel&a private consultant,or a local,state or federal agency shall
be kept for not less than ten(10)years after completion of the sanitary survey.
iv. Records concerning a variance or exemption granted to the system shall be kept for not less than
five(5)years following the expiration of such variance or exemption.
v. Copies of public notices and consumer confidence reports issued pursuant to Article 9 and
certifications made to the Department must be kept for not less than three(3)years after issuance.
vi. All records pertaining to the operation and water quality of a public water system are public
information and shall be made available to the public by the Department,strums,during nounal
waking hours.
vii. Upon request of the Deportment the public water system shall submit copies of any records
required to be maintained for public notification or copies of any documents in existence,which
the Department is entitled to inspect pursuant to the authority of the Colorado Primary Drinking
Water Regulation.
46. During the June 5,2009,compliance inspection of the System,the Division Representative determined
that written records or log sheets to indicate that the operator in charge,or that a delegated person,is
nuking the appropriate adjustments to chemical feeding equipment to ensure its operation dating back to
December 9,2008,wets not available on the site for review.
47. Ina letter reporting the results of the compliance inspection,dated June 5,2O09,and addressed to RJML,
the Division Representative advised RJML of the requirement for the System to make System
monitoring records available for review requested RJML to respond in writing to the Division
Representative by July20,2009,with an oltlineofthe course of action that will be tat=aadthe date by
which the System will brought into compliance with the record keeping requirements.
cutsaver-ad..m.w On*aid A-1.- - ..P..a
Pe 7d 13
ExhiLi t .
48. Department records to date establish that the System failed to provide the Department with any
information indicating the action Sinn to address the System's record keeping deficiencies.
49. RJML's Shire to retain System records on the premises,or at a convenient location near its premises,
constitutes violations)of 5 CCR 1003-1,§1.6.3.
COMPLIANCE REDUIREMRNfS
Based upon the foregoing factual and legal determinations and pursuant to 5 CCR 1003-1,§1.6.7,RJML is
hereby ordered to:
50. lonnedistelycomplywiththe Colorado Prbnary Drinking Warbgadatioru,5 CCR 1003-1,Articles 1
though 13.
Further,the Division hereby orders RJML to comply with the following specific tee and conditions of this
Enforcement Order.
51. Immediately take steps to comply with the microbiological contaminant and residual disinfectant
concentration monitoring/reporting obligations as required by 5 CCR 1003-1,Articles 5 and 13.
52. Within thirty (30) calendar days after receipt of this Order, RJML shall submit the results of any
miaohiologiccal contaminant (total coliform) and residual disinfectant concentration monitoring
performed for the second,third and fourth quarters of 2010.
53. If the second, third and fourth quarter 2010 total conform and residual disinfectant concentration
sampling has not been conducted by the System,RJML shall collect a total conform sample from the
diatributioa system,and/or at the entry point to the distribution sysmm,according to the System's written
sample-siting plan within 20 calendar days of receipt of this Order. The total conform and residual
disinfectant ooncentadon samples must be collected properly and analyzed by a Department certified
laboratory in accordance with approved methods.RJML shall providetheDepartmentwiththeresultsof
the total coliform and residual disinfectant concentration analyses within ten(10) calendar days of
receipt of the results from the laboratory.
54. Within sixty(60)calendar days after receipt of this Order,RJML shall develop and provide a written
records retention policy or procedure outlining how the System win retain System records on the
premises,or at a convenient location near its premises,in accordance with 5 CCR 1003-1,§1.63.
55. Within thirty(30)calendar days from the date ofthis Order,RAWL shall develop,implanot and submit
to the Division a monitoring plan pursuant to 5 CCR 1003-1, §1.12,which inchndes an individual rule
samplingplanhnicrobiological contaminant sample-siting plan,5 CCR 1003-1,§§1.12.1(e)and 5.1.1(a),
to reflect the System's current configuration,treatment and operation. The plan shall specifiallyeutline
how RJML will ennre that samples collected are representative of water quality throughout the
distribution systrm(s),that samples should be taken both with temporal and spatial separation to ensure
LLC
LISS.wS-ems anus onthorionPe*
Pell ell
Exhih t A
representative samples are obtained of water quality throughout the distribution system and throughout
the month of service and that samples are not to be taken all on the same day.
A guidance document on how to prepare a monitoring plan can be viewed to the following biter net
location:
help:/Anne.cdphe.state.co.ushvq/ btldngwater/p /MontwrinClanTemplatepdf
A gtddasce document on how to prepare a small system microbiological rule sa npllpg plan can be
viewed at the following Internet location:
Mtp://www.orpv lacttate.eaushvq✓tbinkingwater/pt BrdletbA2 01BadSmnplingP/m ehocpdf
56. Within thirty(30)calendar days after receipt of this Other,RJML shall provide a written description of
how the System's Cross-Connection Control Program is being implemented.
A Sample&ov-Comswaso'control Program/or&natt3ystems riddance doasmeta tams be viewed at the following
frames location:
bap://rww.ceirestataeaaa'wq'iinkingwda/pdpaau comedian cadVd p if
57. Within sixty(60)calendar days after receipt of this Order,RJML shall submit for Department review
and approval,plans and specifications for the System's recently constructed reverse osmosis system.
Upon review of the submitted plans and specifications, if the Department deter that the
implemented system impsvvements are deficient, RJML shall within sixty(60) calendar days of the
Department's notice certify in writing that the deficiencies have been corrected,as necessity,and that
the System is now constructed in accordance with the Department approved design plans,specifications
and the Regulations.
The Division's application for Caunoaioa Approval can be fsasd at the following Sasso location:
http:/fwww.ctpltr.state.co.a✓w4/d inld gwa<w/p 'CapacityDevelopment/Atmclusettt2_Ne wSyste
m Capaccitypdf
58. Within thirty(30)calendar days after receipt of this Order,if it has not already done so,RJML shall
issue a public notice in accordance with 5 CCR 1003-1,§92 for each violation identified inn ibis Order.
Within ten(10)calendar days ofcomplction of each required public notification,RJML shall submit to
the Division, along with the mandatory califlartion, a representative copy of each type of notice
distributed,published,posted,and/or made available to the persons served byte system and/or to the
media.
Additional guidance for proper public notfflcmion can be viewed at the following Internet location:
lutp.Wwww.cdphnstate.co.uthvq/drinkbrgsvater/pelsublicNodce/PN co.utvq/drinkbgwoter/pt/YPtbiicNodce/PN Gsddarce Mar2003.pdf
LLC
Molise Wee-E..... er geed Adel W mmiw Fehr
Pi.9d13
Exhibit .
ORDER FOR ADMINISTRATIVE PENALTY
59. Purannt to§25-1-114.1(2.5Xa),C.R.S.any person who violates the Colorado Printery Drinking Waer
Regulations or any final Enforcement Order issued by the Department, shall be subject to an
administrative penalty as follows:
a. For systems that serve a population of more than ten thousand people,an amount not to exceed one
thousand dollars per violation per day;or
b. For systems that serve a population of ten thousand people or less,an amount not to exceed one
thousand dollars per violation per day,but only in an amount,as determined by the Division,that is
necessary to en tre c omplieoce.
60. Based upon the facts described in this action the Department has determined that an administrative
penalty is appropriate in this natter and therefore assesses an administrative penalty of six-hundred and
sixty dollars ($660.00)for the specific violations identified in this action. The reasoning behind this
penalty amount is detailed in the administrative penalty methodology/calculation worksheet,which is
incorporated herein by reference and enclosed as Exhibit At
Tern of Adainistradve Penalty Payment
61. If ILIML does not contest the findings and penalty assessment set out above, payment of the
administrative penalty for the violations shall be*awarded to the Colorado Department of Public Health
and Environment within sixty(60)calendar days oldie date of issue of this action. Method of payment
shall be by certified or cashier's check drawn to the order of the"Colorado Department of Public Health
and Environment,"and delivered to:
Colorado Department of Public Health and Environment
Water Quality Control Division/WQCD-B2-CAS
Compliance Assurance Section
Attention:Lan Worley
4300 Cherry Creek Drive South
Denver,Colorado 80246-1530
(Tofacilitate payment p ing please ow that 10. Worley's nwne is on the outside ofthe
envelope).
62. Payment or appeal ofthe administrative penalty Lu this nta.... rdoesnotrelieveRJMLofitsobligationto
perform the activities required by this enforcement action.
a LIZ
a+++sare-PelbromentOrdenedit.. . .,. vs Pally
Pap 100(13
t_zhiby r
NOTICES AND SUBMITTALS
63. For all dooms,plans,records,reports and replies required to be submitted by this order,RJML shall
submit an original and one copy(electronic is preferred)to the Division at the following address:
Colorado Depatmenl of Public Health and Environment
Water Quality Control Division/WQCD-B2-CAS
Compliance Assurance Section
Attention:Laren Wesley
4300 Chewy Creek Drive South
Denver,Colorado 80246-1530
Email: lauretworley@state.co.us
Fax:(303)782-0390
(For any facsdaile transmittals,please Include a cover sheet addressed to Ms. Worley).
64. AU reports,notices,summaries,and certifications required to be submitted to the Division by the public
water system must bear the original signature of the owner or the owner's authorized representative.
NOTICE OF COMPLETION
65. RJML shall submit a Notice of Completion to the Division upon satisfactory completion of all
requirements of this Enforcement Order. The Division shall either accept or reject the Notice of
Completion in writing. If the Division rejects the Notice of Completion,it shall include in its notice a
statement identifying the requirements that the Division considers incomplete or not fly
performed and a schedule for completion. If RJML wishes to dispute the Division's rejection of its
Notice of Completion,it shall,within fifteen(15)calendar days of receipt of the Division's rejection,
submit a written statement as to its belief of full compliance, addressing in detail all concerns the
Division raised in the rejection letter to the System's Notice of Completion.
;PRIOR APPROVAL REQUIRED
66. Pursuant to 5 CCR 1003-1,§1.11.2,oo person shall commence conanctionof any new waterworks,or
make improvements to or modify the treatment process of an existing waterworks,a initiate use of a
new same,until plans and specifications for such construction,improvements,modifications or use
have been submitted to,and approved by the Department.The Department shall grant such approval
when it finds that the proposed facilities are capable of complying,on a comnuous bass, with all
applicable laws,standards,rules and regulation
Rat cu
e skis Ws-LL. ....J Oar..a.NslaYYrew Away
r.V ll dam
Exhibit �.
POTENTIAL ADMIN1STRATIVE/CIVIL AND CRIMINAL PENALTIES
67. You are also advised,pursuant to§25-1-114(4),C.R.S.,any person,association,or corporation,or the
officers thereof, who violates, disobeys, or diategenis any provision of the Regulations or an
Enforcement Order is guilty of a misdemeanor and,upon conviction thereat shall be punished by a fine
of not mote than one thousand dollars(81,000),or by imprisonment in the county jail for not more than
one(1)year,or by both such fine and imprisoomaatand,in addition to suchfneandnaprisooment,shall
be liable for any expense incurred by health authorities in removing any nuisance,source of filth,or
cause of sickness. In the event that RJML does not achieve complete and timely compliance with all of
the terms and conditions outlined herein,including full and timely payment ofadministrative penalties,
the Department reserves,in addition to any other remedies allowed by law,its right noder§25-1-114(4),
C.R.S.,to pursue an action for additional penalties.
REQUEST FOR HEARING OR APPEAL
68. You are Sather advised,pursuant to 5 CCR 1003-1,§1.6.7(g),that a recipient of an Enfarcernad Order
may request a hearing contesting such order. Requests for such a haring shall be filed in writing with
the Department within thirty(30)calendar days after service of the order. Such requests,at a minimrmm,
shall contain the information specified in 5 CCR 1003-1,§1.6.7(g)and 5 CCR 1002-21, §21.4(BX2).
Hearings on Enforcement rcement Orders shall be held in accordance with applicable provisions of the State
Administrative Procedure Act,Article 4 of Title 24,C.R.S.and the procedural rules promulgated in 5
CCR 1002-21.
69. Pasuwt to§25-1-114.1(2S)(b)C.R.S.an Administrative Penalty Assessment may be appealed to the
Water Quality Control Commission.Requests for such an appal should be filed in writing with h the
Water Quality Control Commission within thirty (30) calendar days alter service of the penalty
went. Such requests,at a minimum.shall cantata the information specified in 5 CCR 1002-21,
§21.4(B)(2). Hearings on Administrative Penalty Amenmrmt shall be held in accordance with
applicable provisions of the State Administrative Procedure Act,Article 4 of Title 24,C.R.S.and the
procedural rules promulgated in 5 CCR 1002-21.
ADDITIONAL,ACTION
70. You are firther advised that under§25-1-114.1(1),CRS.,the Department may institute a civil action
against any person who violates a final Enforcement Order of the Department issued for violation of any
minimum general sanitary stepchild or regulation adopted pursuant to§25-1.5-203,C.R.S.
71. Additionally,the Department may request the Attorney General to seek a temporary ry restraining ceder or
permanent injunction to prevent or abate any violation of a minimum general sanitary standard or
regulation adopted pu suant to§25-1.5-203,C.R.S. Further infasuietionconce ningthe aforementioned
action is contained in§25-1-114.1(3),C.R.S.
ana,LIE
watts car.-Etat Adored Mee..i..Prlty
hp 12°113
E=xhibit A
Issued at Denver,Colorado,this / day of PyeICar 2011.
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
41.1 Mlontgar-
Compliance Assurance Section
Water Quality Control Division
aaa.uc
DAMN War-ade.aarw om...a Ads.tsirr..hanky
Pap 13 d1)
Exhibit r
RAIL,LLC d/6/a LA MARAVILLA RESTAURANT/LOUNGE
PUBLIC WATER SYSTEM IDENTIFICATION NUMBER:CO-0252466
WELD COUNTY,COLORADO
ADMINISTRATIVE PENALTY COMPUTATION WORKSHEET
(Monk 15,2011)
taakv Calaks.-Vidalia Number 1 .S'360.00
Violation:Failure to Monitor and/or Repot for Microbiological Contaminants
Regulation Violated:5 CCR 1003-1,441.6.4(4 5.1.1(b)and(e)(1)
Peaky Calculation-Violation Number 2 $300.00
Violation:Failure to Masr&Repot Residual Disinfection Concentration
RegaLtion Violated:5 CCR 1003-1, §41.6.4(a), 13.2(a)(2)and(b)(2)
TOTAL PENALTY ._ _ ...»..... ....».» ... _ . .. . r_S660.00
•
11►a,ILC
Aleii,r,tla ParitComptes Wain
PR."
xhibi' A
as
ADMINISTRATIVE PENALTY COMPUTATION WORKSHEET
VIOLATION NUMBER: 1
IEisten Maw:La 1 arnIla Readannstaglie I p9FSlD Nsben COMAS
DM.of infonMatrat Wen Mateb'1$s2 11 , I Nanthett'TIC418315
IttgaibilaiVklatedhcallsraibMtaiintendiorlbmatt PspalatlsG tr red 25
190641 2014*$tut 1003-1;
441.6:4 5:1.3M awl(e 1) •
Part I—Haas P iakv Calca4tloa
Vislat `w�aeaafia;
*titie o Ram w;. Doss
Lie 1 Failure to Molloy and/or Report for
Microbiological Contr sts,5OCR <500Served $60.00
1003-1,441.6.4(a),5.1.1(b)and(e)(1)
Part II—Aindiaatiw of Amsvatie or Mltjotiaejaden
($ %Bagoitnioie Aatwtttio
AgtrinatIse or:Daaxseaae Dollars
Line 2 Factor A:Threat to Peblic Health aid Welfare $0.00
Ja t$cadon•n/a
Lie 3 Factor B:liteotloial,Reck kaa,or Negligent S0,00
• Actions
Jadification:n/a
Line 4 Factor C:Reatoibecs or Recidivist I I $0.00
Jvstfl ion:n/a
Line 5 Factor D:Voluntary and Complete Disclosure SO.00
of Violations
.Ia 10catiorc n/a
Line 6 Factor E:Full aid Proeovt Cooperation I I l0-00 _
JWt$icaNai:n/a
Line 7 Factor F:Envieoemuntal Compliance Program 1 I $0.00
.hatificatfar Wa
Line 8 Factor 0:Other Aggravating or Mitigating $0.00
Circumstance
Jatifiaatiwr Wa
Lie 9 Sum of Late 2 through Lice 8 $0.00
Lime 10 Adjusted Ban Penalty to emai r.IS h $60.00
ass uc
Aad.ir.r..Play Caymans Waldo.*
PgpZe n
LxHih!t r
&MA
Fartm-Da ..—''--t a.1DaysdVbl
Days of
Violation
Linen I Total Days of Violation I 3
kstfcation: The Division has chosen to consider the 2m, 3m and t Quarter 2010 foikre to
monitor and&or report for microbiological contaminant violations as a single day violations
respectively.
fart IV-Determination of MuYi-Da.Penalty Anne
Ate*in
MAW
Line 12 Multi-Day Penalty Amount f nee
Cate■tret,..:
Del Des if Man(3) x (malt) -man
Put V-Ecotone Benet Conaidarade
ASw at is
Stan
Line 13 Economic Benefit I $1110.00
Jwt fcalton;The Division believes that the System realized an economic benefit byfailbng to
monitor since it has avoided is port far the tests itself as well as the cost oldie labor involved
in obtaining sample bottles,condacti gthe teaks and tram ortbg the samples to a lab.
Cdsa60ew:
L b gtonferAnal)rkN Cransivions )X(3)=trap
Saselbst and Paa flan Cat(Oa x(3)-MAN
fait VI-Violation Penalty Total
Anent in
Dan.
Line 14 Toad Adotheratiye Peaky: $360.00
(Line 12+Line 13)
Part VII—Ability to Pay Adiutaea(
Allman tit
Dugan
Line 15 Aber to PQ Bedaarioa: I $0.00
JastQloaden:Not Applicable. The Division does not have any docwmeated information
syagestbag that the AWL.LLC has an lnabibty to pay the aniseed penalty amorist
fart VIII—Final Adiaated Fealty
Amount la
Doan.
Line 16 Total Administrative Peaty: 3360.00
(Line 14-Line 15)
son,lu
ee.ivYvrive Peaky Commotion Wallahs
hie 3oil
Exhibit r,
Sakm4
ADMINISTRATIVE PENALTY COMPUTATION WOE
VIOLATION NUMBER:2
bates Nan, La Martt►am.R ntanerant/Loo a t PWSID Amber 1264141466 ,
Dateeo0<Eirst—t OnWt Monk 15,2011 " Nawbt DE-110115-2
Rep68 s Violated:Pabst tdMa menteport Pordatunsi8Ttried:
1441011415iitiap COimmItOoks OM 10034.
11111.44):1126104Mdi6Eb
Part I—sane Pinny Calcahrioa
• - Aaainatb
Via]nlitlaTy'ko NnpDrlrsara" Dwlltssro-
Line I Failure to Measure/Report Residual <500 Served $3800
Disinfection Catcmtradm
Part II—Amnestion of Asaavatia:or Minting Faeton
�N.ire itwaly pia
AMP'SJ ' *llreirnaiir- Diatn t
Lim 2 Factor A:Threat to Public Heath and Welftre 80.00
Justifratiort Ws
Lim 3 Factor H:Ldeatiooal,Reckless,or Negligent 8000
Actions
n/a
Line 4 Factor C:Reakftrance or Recidivism I I *0.00
.lmtgloarion:We
Line 5 Fader D:Voluntary and Complete Diclo.ne I 3a00
of Viotti.
Jwtifistation:rile
Lim 6 Factor E:Pull and Prompt Cooperation I J *0.00
Justificatiorr Wa
Line 7 Fun P:Environmental Compliance Program I I som
Jasl$cation:n/a
Line 8 Factor O:Other Aggravating a Mitigating MOO
Circumstances
Justficatiarr We
Lim 9 Sam of Lhasa 2 entomb Line 8 $0.00
Lime 10 Adjusted Ban Finley ma scant+rn.?) $30.00
AIL TLC
A3ateha.tlw Fero CesSike vuoesr.a
Pee 4 on
Exhibit
JANA
Part III-Detessb oboe a6Dm of Viohtin
Days of
Viektion.
Line 11 Total Days of Violation I 3
Justification: The Division hat chosen to comider the 2'°, rand f'Quarter 2010 falba to
meostrelreport=ideal db6 ioncanc®erotionviolationsasshiledol nektons rmpe ttv*.
part IV—Determination of Multi-Dav Pa alts Amount
atei tpttla
. Debts
Line 12 Mali-Day Pawky Amount I 590.00
Gleatatlnsa
Te*eiDeaWPtJt 0) x MIN) - 1MM
tart V—Ecosoa a Benefit Combination
Amounts
Dam.
Line 13 Boon®oic Benefit I 3210.00
,hatftafion: The&Sin=believes that the Son=realized an economic beneJb bylUbg to
monitor sine it has ddaysd its coetfor the trap itsebas=liana cost meths labor involved
in obtabehgsack bottles,conducting the testing and transporting the sampla to a lab.
Cdatdatr
Lake*... -,Cat*,Ase(ei Chian(Ma)x(3)-SK N
Smarr gea&Si leCa(df)x(3)-SIAN
part VI—Violation Penske Total
Aseat.ia
NOM
Lim 14 Total Administrative Penalty: 0..
00.00
(Line 12+Line 13)
Part VII-Ability to Par Ad Slant
Assist iS
Dan
Line 15 Ability to Pay Atdnedea: I 30.00
-kaftan=Not Applieabk. The Division does not have tang information suggesting that the
RAIL,LW has an inability to pay the accused penalty anion*.
part VIII—Muth Adlasted Penalty
Ai intla
Dean
Line 16 Total Admimistratve Peaky: S300.00
(Line 14-Lee 15)
PAIL,LW
Aibilointin Palk Capereo.ssnaeeea
Pees5ds
Hello