On Nov. 9, the project manager for the Rivian development contacted the Southeast Utah Health Department again to sort out the issue of bathrooms. The original files for this exchange are in two separate files: One with an exchange between county and health department staff and another from a new contact at GPD.


Good afternoon. I wanted to reach back out regarding this project for further discussion. Rivian is extremely excited about this project and what the future at this location holds. As such, they would really like to move forward with Phase 1 of the site, which is limited to providing electric charging parking spaces. There may be 30-40 spaces as part of Phase 1. For only parking spaces, with no retail amenities or buildings, does the Health Department require restroom facilities?

We are trying to make a determination on when we need to get consultants under contract for design of the septic system and well.

Thank you for any feedback you can provide.

Josh Lyons, Project Manager, GPD Group; Nov. 9

This project will need restroom facilities.

Orion Rogers, Environmental Health Director, Southeast Utah Health Department; Nov. 9


Can you point us to a code section we can review for this requirement? The code would aid us in the right direction and ensure we provide a compliant plan vs an interpretation. Is the parking lot being considered as a rest stop?

Also until the well and septic are finalized, is a temporary restroom acceptable for the parking lot in the interim? Something similar to this: https://royalrestroomsmountainwest.com/restrooms-%26-showers Showers would not be installed, but ADA compliant RRs.

Then once the Phase 2 amenities are completed and well/septic approved we would install permanent restrooms.

Josh Lyons, Project Manager, GPD Group; Nov. 10

Hi Josh,

So long as the portable restroom is ADA compliant and meets any rules or regulations that the building or county (included in this email) may have I would be OK with using them so long as there is a servicing contract with a local pumper.

See the following code references:

Rule R392-401. Roadway Rest Area Sanitation.

R392-401-3. Definitions.

For the purposes of this rule, the following terms, phrases, and words shall have the meanings herein expressed:

  1. “Roadway rest area” or “Rest area” means any building, or buildings, or grounds, parking areas, including toilet, hand washing, water supply and wastewater facilities intended for the accommodation of people using such facilities while traveling on public roadways. This includes rest areas, welcome centers, and rest stops.

R392-401-6. Wastewater Disposal Requirements.

  1. The operator shall ensure that sewer services are made available to roadway rest area patrons.
  2. Sewer systems for use by roadway rest area patrons shall be designed, installed, and operated according to the requirements set forth by:
    1. Plumbing Code;
    2. The Utah Department of Environmental Quality, Division of Water Quality under Title R317-4;
    3. local health department regulations; and
    4. the local sewer district having jurisdiction.
  3. All wastewater shall be discharged to a public sanitary sewer system whenever practicable.
  4. Where connection to a public sanitary sewer is not practicable, wastewater shall be discharged to:
    1. an approved onsite wastewater disposal system; or
    2. a vault privy which shall be located, constructed, and maintained according to the requirements of Rule R317-560 and local health department regulation in such a manner that:
      1. Users do not contact waste matter deposited;
      2. Access to the vault privy interior or vault is minimized for flies, insects, rats, and other animals;
      3. Surface or ground water cannot enter the vault, either as runoff or as flood water;
      4. The waste material in the vault privy cannot contaminate a water supply, stream, or body of water; and
      5. Odors are minimized both inside and outside the vault privy structure.
  5. The operator shall submit all required plans for the construction or alteration of an onsite wastewater disposal system in accordance with Title R317.

Orion Rogers, Environmental Health Director, Southeast Utah Health Department; Nov. 10

The next few emails did not go to GPD. They were between Rogers, Dunbar-Irwin, Grand County Attorney Christina Sloan, and other county and health department staff. Originals linked here.

We were planning to consider this a fuel station rather than a rest stop - does that change anything for you, Orion?

Mila Dunbar-Irwin, Planning Director, Grand County; Nov. 10

I don’t have a code that I can use to require bathrooms if we don’t call it a rest stop.

I could probably find some other section of code that says that the health department can make these sorts of decisions under our power but I think it would be easier to go this route if it works on your end.

Orion Rogers, Environmental Health Director, Southeast Utah Health Department; Nov. 10

Or they put a few tables there and it can be a picnic park.

Bradon Bradford, Executive Director, Southeast Utah Health Department; Nov. 10

Ok, rest stop works! I would definitely like there to be bathrooms - they said it takes somewhere north of 45min or something to charge up, so I would imagine there will be people relieving themselves regardless.

Mila Dunbar-Irwin, Planning Director, Grand County; Nov. 10

Following that exchange between county and health department employees, GPD replies to Rogers’s email containing the code reference eight days later. It looks like Zachary Whitney, a member of GPD’s energy team, missent a version of this email and re-sent it later. Originals linked here.

This is Zachary Whitney with GPD Group. I will be taking point on a large majority of coordination efforts with Grand County for the Rivian Automotive Project located along US Highway 191, North of 313:

Map of chargign station location with red circle around property

Rivian Automotive is an all-electric vehicle manufacturer and will be rolling out our all electric Amazon Prime Vans, R1T Truck, and R1S SUV the middle of 2021. They are currently in the process of purchasing 5.5 acres (Parcel #04-020-0042) just north of highway 313. The goal is to change the way electric vehicle driver’s view adventure and want to enable travel to key destinations such as Moab. Not only would this location enable charging solutions, but there is a plan to incorporate some basic amenities such as restrooms, seating area to enjoy the views, and basic vending (grab and go style with healthier options, not chips and candy bars).

This proposal is being split into (2) different phases:

Phase 1:

Installation of (3) Rivian Electric Vehicle charging spaces. This includes electrical infrastructure for the (3) stations, along with future installations. No retail amenities will be installed with Phase 1.

Phase 2: Rough Scope:

Installation of additional (59) Rivian electric vehicle charging spaces & retail amenities.

We are needing to determine if there will be a requirement for temporary restroom installation during Phase 1 of this proposal. The State Health department notified us that temporary restrooms would be acceptable for Phase 1 installation if required by the County Building Department.

Based on the scope of work for Phase 1 above, will the project be required to include temporary restroom installation?

Please let us know as soon as you are able on this. Thank you for the assistance.


Zachary Whitney, Energy Team, GPD Group; Nov. 18

To clarify, the restroom requirement is required by health code. An ADA fully contained trailer with toilets and sinks that can have a servicing contract to be pumped would be allowable by the health department so long as it meets all building department requirements.

Orion Rogers, Environmental Health Director, Southeast Utah Health Department; Nov. 18

Hello, Orion.

We appreciate your prompt response on this. Will the temporary restroom associated with Phase 1 need to be reviewed by the Health Dept for permit?

If so, let us know what the procedure for this would be.

Thank you!

Zachary Whitney, Energy Team, GPD Group; Nov. 18

It will need to be reviewed by the Grand County Development Review Team which includes the health and building departments among others. Submit what you are proposing to use and how it will be maintained to the group included in this email.

Orion Rogers, Environmental Health Director, Southeast Utah Health Department; Nov. 18

Thank you, Orion.

We will submit the preliminary plan sets for Phase 1 to the group once we complete the conceptual drawings.

We appreciate all of your assistance.

Zachary Whitney, Energy Team, GPD Group; Nov. 18