DWQ-2024-004268

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY

IN THE MATTER OF:

Jenamac, L.L.C.

STIPULATION AND CONSENT ORDER

Docket No. I23-01

This Stipulation and Consent Order (“Order”) is entered into voluntarily by and between the
Director (“Director”) of the Utah Division of Water Quality (“Division”) and Jenamac, L.L.C.
(“Jenamac”), in its capacity as the owner of the trailer park facilities located at 18100-18250
North 4400 West, Fielding, Utah 84311, Parcel #07-028-0016, #07-028-0003, #07-028-004
(“Facility”), jointly referred to hereinafter as “the Parties.”

By entering into this Order, the Parties wish, without further administrative or judicial
proceedings, to stipulate to civil penalties arising out of alleged violations of the Utah Water
Quality Act, Utah Code §§ 19-5-101 et. seq. (the “Act”), and corresponding regulations in the
Utah Admin. Code R317-1-1 et. seq. (the “Water Quality Rules”).

I. STATUTORY AND REGULATORY AUTHORITY

1. The Director has authority to administer the Act pursuant to Utah Code § 19-1-105(1)(e), and
to enforce the Water Quality Rules in Utah Admin. Code R317 through the issuance of
orders, as specified in Utah Code §§ 19-5-106(2)(d) and -111. The Director also has authority
to settle any civil action initiated to compel compliance with the Act and implementing
regulations pursuant to Utah Code § 19-5-106(2)(k).

II. FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. Jenamac is a “person” as defined in Utah Code § 19-1-103(4) and is subject to all applicable
provisions of the Act and the Water Quality Rules.

2. On January 23, 2023, the Director issued an Order, Docket No. I23-01 (“January 2023
Order”). For the purposes of this Order, the Parties stipulate to the findings and violations
identified in the January 2023 Order, and to the findings described below.

3. In the fall of 2023, Jenamac took steps to come into compliance by pumping out their septic
system and adding risers to prevent soil intrusion into the system. The Division issued a
Large Underground Wastewater Disposal System Operating Permit to Jenamac on February
6, 2024.

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III. STIPULATION AND CONSENT ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, the Parties have negotiated
this Order in good faith and now wish to fully resolve Order No. I23-01 without additional
administrative or judicial proceedings.

1. In accordance with Utah Admin. Code R317-1-8. Penalty Criteria for Civil Settlement
Negotiations, Jenamac shall pay a penalty of $15,000.00.

2. Jenemac shall pay this penalty in 12 monthly installments of $1,250, with the first payment
due thirty (30) calendar days after the Effective Date of this Order, using one of the
following options:

a. CHECK – Payable to the Division. The payment shall be sent to:

Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah 84114-4870

b. OTHER – For other available payment options, please contact the Division’s finance
staff at [e-mail].

3. If, for any reason, Jenamac fails to pay the penalty within thirty (30) calendar days and
thereby defaults, the Director reserves the right to rescind this Order and seek the full penalty
amount of $10,000 per violation per day, in accordance with Utah Code § 19-5-115.

a. Prior to rescinding this Order, the Director shall provide written notice to Jenamac of
its default and will provide fourteen (14) calendar days to cure the default by
remitting payment. If payment is not received within the fourteen (14) calendar day
cure period, the Director is authorized, without providing further written notice to
Jenamac, to begin a civil action for all appropriate relief provided under the Act,
including seeking the full penalty amount authorized under the Act.

IV. GENERAL PROVISIONS

1. The Parties recognize that this Order has been negotiated in good faith and nothing herein
constitutes an admission by any Party. Jenamac does not admit to, and retains the right to
controvert in any subsequent proceedings other than proceedings to implement or enforce
this Order, the validity of the facts and violations alleged in the Order. Jenamac further
agrees it will not contest the basis or validity of this Order or its terms.

2. The violations described herein will constitute part of Jenamac’s compliance history where
consideration of such history is relevant, including any subsequent violations. Jenamac
understands and agrees that this Order is not and cannot be raised as a defense to any other
action to enforce any federal, state, or local law.

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3. Jenamac agrees to the terms, conditions, and requirements of this Order. By signing this
Order, Jenamac understands, acknowledges, and agrees that it waives: (1) the opportunity for
an administrative hearing pursuant to Utah Code § 19-1-301; (2) the right to contest the
findings in the Order; and (3) the opportunity for judicial review.

4. This Order is subject to a public notice and comment period of at least thirty (30) days, in
accordance with Utah Admin. Code R317-8-1.9. The Parties each reserve the right to
withdraw from this Order if comments received during the notice and comment period render
this Order inappropriate, improper, or inadequate.

5. The “Effective Date” shall be the date this Order is executed by the Director. The Director
will not sign this Order until after the Division has provided public notice of the proposed
Order and has solicited and reviewed any public comments received.

6. The dates set forth in the Stipulation and Consent Order section of this Order may be
extended in writing by the Director, in the Director’s sole discretion, based on Jenamac’s
showing of good cause. Good cause for an extension generally means events outside of the
reasonable control of Jenamac, such as force majeure, inclement weather, contractor or
supplier delays, and similar circumstances. However, the Director expects Jenamac to
employ reasonable means to limit and prevent foreseeable causes of delay. The timeliness of
Jenamac’s request for an extension shall constitute an important factor in the Director’s
evaluation.

7. Nothing in this Order shall preclude the Director from taking actions, including additional
penalties against Jenamac, for future violations of State or Federal law.

8. The Parties acknowledge that neither the Director nor the Board has jurisdiction regarding
natural resource damage claims, causes of action, or demands. Therefore, such matters are
outside the scope of this Order.

9. This Order is binding upon each of the Parties and their respective heirs, successors, and
assigns. Any change in ownership or corporate or legal status, including but not limited to,
any transfer of assets or real or personal property, shall in no way alter the status or
responsibilities of the Parties under this Order.

10. This Order may be amended in writing if signed by both Parties.

V. COMPLIANCE AND PENALTY NOTICE

As of the Effective Date, this Order shall constitute a final administrative order. Compliance with
the provisions of this Order is mandatory. All violations of the Act, the Water Quality Rules, and
this Order will be strictly enforced during the time that this Order remains in effect. Utah Code §
19-5-115, provides that any person who violates a rule or order made or issued pursuant to the
Act may be subject, in a civil proceeding, to a state district court judge imposing a civil penalty
per day of violation.
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VI. SIGNATORY

The undersigned, signing this Order on behalf of Jenamac, L.L.C. represents and warrants that it
is duly authorized and has legal capacity to legally bind Jenamac, L.L.C. and agrees that the
Director may rely on that representation.

Pursuant to the Utah Water Quality Act, Utah Code § 19-5-101 et seq., and Utah Admin. Code
R317, the Parties hereto mutually agree and consent to this Stipulation and Consent Order, as
evidenced below:

[SIGNATURE PAGE FOLLOWS]

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IT IS SO AGREED AND ORDERED:

For the State of Utah, Department Of Environmental Quality, Division of Water Quality

_________________________________________
John K. Mackey, P.E.
Director

Date:____________________________________

For Jenamac, L.L.C.

__________________________
Jesse Boone
Manager

Date:______________________

DocuSign Envelope ID: BA26DD06-2450-4CE4-AD10-717F6D6F5D17
6/4/2024