DAQ-2024-004824

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84114-4820
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF AIR QUALITY
Bryce C. Bird
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
DAQC-027-24
Site ID: 11798 (B1)

Sent Via Certified Mail No. 70190700000208346573

Casey Davis
Cintas Corporation
1671 South 4370 West
Salt Lake City, Utah, 84104

Dear Mr. Davis:

Re: Early Settlement Agreement – Cintas Corporation, Salt Lake County

On December 7, 2023, the Utah Division of Air Quality (DAQ) issued a Compliance Advisory to
Cintas Corporation as a result of an inspection performed on November 15, 2023. Cintas
Corporation responded to the Compliance Advisory on December 19, 2023. Based on the findings
of the inspection and response to the Compliance Advisory, the DAQ determined that Cintas
Corporation was in violation of:

1. Utah Administrative Code (UAC) R307-401-5 (Notice of Intent)

A Notice of Intent (NOI) was not submitted and an Approval Order (AO) was not issued
prior to installing new space heaters. Already existing HVAC units exceeded the number
of permitted HVAC units.

2. Condition I.3 of AO DAQE-AN1079980010-15:

Modifications to the equipment were made without approval from the DAQ.

Section 19-2-115 of the Utah Code provides that violations of the Utah Air Conservation Act (the
Act) and/or any order issued thereunder may be subject to a civil penalty of up to $10,000 per day
for each violation. Based upon our civil penalty policy, we calculated a preliminary civil penalty
for the above listed violation(s) of $589.

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DAQC-027-24
Page 2

The monetary amount of the DAQ settlement offer specified below is derived from a
pre-established schedule of penalties, which takes into account, among other factors, the
magnitude and severity of the violation, economic benefit, cooperation of the source as well as the
prior history of violations.

All parties we deal with, whether private, commercial, or governmental are treated similarly in the
settlement process. Early Settlement Agreements are based on the evaluation of the same factors
and criteria in all cases. The DAQ acknowledges that the violation on November 15, 2023, was
addressed by Cintas Corporation by participating in a pre-NOI meeting with Minor NSR and
beginning the process of submitting an NOI.

If you are interested in settling this violation, we are authorized to offer settlement in accordance
with the DAQ Penalty Policy as follows:

1. Cintas Corporation agrees to pay a reduced civil penalty in the sum of $471. Payment of a
civil penalty precludes further civil enforcement for the above described violation against
the named source. Cintas Corporation agrees to pay $471 of the stipulated penalty within
twenty (20) business days from the date you receive this Early Settlement Agreement.

2. The DAQ retains its authority to take any enforcement actions based on any and all
violations not specifically described above. If a violation is a failure to submit a Notice of
Intent to the director and receive an Approval Order under Utah Administrative Code
R307-401-5, the DAQ retains its authority to take subsequent enforcement action if during
the next inspection the DAQ finds the source is still not in compliance with R307-401-5.

3. In the event any further violations of the Act, the Utah Air Quality Rules, the source’s AO,
or the Director’s Orders occur, the DAQ may consider the violation described above in
assessing a penalty for the subsequent violations, in accordance with the provisions of
Utah Administrative Code R307-130.

4. Entering into this Early Settlement Agreement shall not constitute an admission of
violation of the Act, the Utah Air Quality Rules, or the source’s AO nor shall it be inferred
to be such an admission in any administrative or judicial proceeding. The described
violation will constitute part of the company compliance history for any purpose for which
such history is relevant to the DAQ.

This Early Settlement Agreement constitutes an offer of settlement and is not a demand for
payment. The Early Settlement Agreement reflects a reduced penalty for early settlement of this
matter.

If the above terms are acceptable to you, please sign and return this Early Settlement Agreement
and a check in the sum of $471. Submit the signed Early Settlement Agreement and check made
payable to the DAQ at the letterhead address within twenty (20) business days of receipt of this
Early Settlement Agreement. Electronic payments are also available on our website at:
https://deq.utah.gov/general/payment-portal.

DAQC-027-24
Page 3

If you need an Approval Order, this Early Settlement Agreement does not relieve you of that
responsibility and does not change that requirement in order to return to compliance with the
DAQ. You must submit a Notice of Intent for a required Approval Order as soon as possible.
Your source will be re-inspected in a reasonable time to confirm you have fully returned to
operating in compliance. Failure to obtain a required Approval Order will subject you to
additional penalties and a new compliance action by the DAQ.

This Early Settlement Agreement is intended to quickly resolve the non-compliance issues listed
above and requires the immediate attention of your company. Failure to resolve this matter as
outlined above may result in this offer being revoked and/or having this matter referred to a
formal enforcement process, including filing a judicial case to collect penalties (up to $10,000 per
day for each violation) and compel compliance in the state district court.

If you have any additional questions regarding this matter, please contact Chad Gilgen at
385-306-6500 or [e-mail].

Sincerely,

Bryce C. Bird
Director

BCB:DR:rh

cc: Salt Lake County Health Department

DAQC-027-24
Page 4

Acceptance of Early Settlement Agreement

I have read the above Early Settlement Agreement and I agree to the terms and conditions thereof.

Company Name: Cintas Corporation

Name:

Title:

_____________________________ _________________ ___________________________
Signature Date Telephone Number

DAQC-027-24
Page 5

Utah Division of Air Quality General Administrative Penalty Worksheet

Source: Cintas Corporation Class: C
Site ID #: 11798 Violation Date: November 15, 2023
HPV: No Days to
Resolution: 36

Citation Description of the
Violation Days Category Range Daily
Penalty
Accumulated
Penalty
AO Condition I.3,
UAC R307-401-5
Unpermitted
equipment 1 C
Up to
$2000
per
day
$589 $589
0
Total $589
20% Early
Settlement
Option
$118
Total
Penalty $471

R307-130-1.
Scope.

This policy provides guidance to the director in negotiating with air pollution sources penalties for
consent agreements to resolve non-compliance situations. It is designed to be used to determine a
reasonable and appropriate penalty for the violations based on the nature and extent of the violations,
consideration of the economic benefit to the sources of non-compliance, and adjustments for specific
circumstances.

R307-130-2.
Categories.

Violations are grouped in four general categories based on the potential for harm and the nature and
extent of the violations. Penalty ranges for each category are listed.

(1) Category A. $7,000-10,000 per day.

Violations with high potential for impact on public health and the environment including:

(a) Violation of emission standards and
limitations of NESHAP.

(b) Emissions contributing to nonattainment
area or PSD increment exceedances.

DAQC-027-24
Page 6

(c) Emissions resulting in documented public health effects
and/or environmental damage.

(2) Category B. $2,000-7,000 per day.

Violations of the Utah Air Conservation Act, applicable State and
Federal regulations, and orders to include:

(a) Significant levels of emissions resulting from violations of emission limitations or
other regulations which are not within Category A.

(b) Substantial non-compliance with
monitoring requirements.

(c) Significant violations of approval orders, compliance orders, and
consent agreements not within Category A.

(d) Significant and/or knowing violations of "notice of intent" and other notification
requirements, including those of NESHAP.

(e) Violations of reporting requirements of
NESHAP.

(3) Category C. Up to $2,000 per day.

Minor violations of the Utah Air Conservation Act, applicable State and Federal Regulations and orders
having no significant public health or environmental impact to include:

(a) Reporting
violations

(b) Minor violations of monitoring
requirements, orders and agreements

(c) Minor violations of emission limitations
or other regulatory requirements.

(4) Category D. Up to $299.00.

Violations of specific provisions of R307
which are considered minor to include:

(a) Violation of automobile emission
standards and requirements

(b) Violation of wood-burning regulations
by private individuals

(c) Open burning violations by private
individuals.
DAQC-027-24
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R307-130-3.
Adjustments.

The amount of the penalty within each category may be adjusted and/or suspended in
part based upon the following factors:

(1) Good faith efforts to comply or lack of good faith. Good faith takes into account the openness in
dealing with the violations, promptness in correction of problems, and the degree of cooperation with
the State to include accessibility to information and the amount of State effort necessary to bring t he
source into compliance.

(2) Degree of willfulness and/or negligence. In assessing willfulness and/or negligence, factors to be
considered include how much control the violator had over and the foreseeability of the events
constituting the violation, whether the violator made or could have made reasonable efforts to prevent
the violation, and whether the violator knew of the legal requirements which were violated.

(3) History of compliance or non-compliance. History of non-compliance includes consideration of
previous violations and the resource costs to the State of past and current enforcement actions.

(4) Economic benefit of non-compliance. The amount of economic benefit to the source of non-
compliance would be added to any penalty amount determined under this policy.

(5) Inability to pay. An adjustment downward may be made or a delayed payment schedule may be
used based on a documented inability of the source to pay.

R307-130-4.
Options.

Consideration may be given to suspension of monetary penalties in trade-off for expenditures resulting
in additional controls and/or emissions reductions beyond those required to meet existing requirements.
Consideration may be given to an increased amount of suspended penalty as a deterrent to future
violations where appropriate.