DAQ-2024-010853

Department of
Environmental Quality
Kimberly D. Shetley
Executiye Director
DIVISION OF AIR QUALITY
Bryce C. Bird
Director
DEIDRE HENDERSON
Lieulenant Governor
September 13,2024
Sent Via Certified Mail No. 70I90700000208347334
Brian Alba, Operations Manager
Intermountain Regional MSW tandfi ll
800 South Allen Ranch Road
Fairfield, UT 84013
ROC Fund Landfrll Holdings, LLC
P.O. Box 1889
Salt Lake City, UT 841l0-1889
ROC Fund I,andfill Holdings, LLC
1220 North 500 West, Suite 102
Lehi, UT 84043-1107
Sent Via Certified Mail No. 70190700000208347341
Robert Richards
Registered Agent
1220North 500 West
Lehi, UT 84043
Dear Mr. Alba and Mr. Richards:
Re: Administrative Settlonent Agreement - ROC Fund Landfill Holdings, LLC (Intermountain Regional
MSW Landfill) - Utah County
On July 30,2024, the Utah Division of Air Quality (UDAQ) issued a Notice of Violation (NOV) to
Intermountain Regional MSW Landfill for the following alleged violations:
I . Condition I.L. 1 of the Title V Operating Permit #4900334002, for failing to submit the required
Annual Compliance Certification (ACC) report on or before the required due date of March 30,
2024.
2. Condition I.S.2.c of the Title V Operating Permit #4900334002, for failing to submit the
corresponding deviation report promptly (within 14 days).
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]
i,u'n,.deq.utah.gov
Printed on l00o/o recycl€d paper
DAQC-891-24
site ID 15792
DAQC-8g1-24
Page2
Intermountain Regional MSW Landfill responded in writing to the NOV on August 12,2O24.The DAQ
has determined that Intermountain Regional MSW Landfill was in violation of:
l. Condition I.L.l of the Title V Operating Permit #4900334002, for failing to submit the required
Annual Compliance Certification (ACC) report on or before the required due date of March 30,
2024.
2. Condition I.S.2.c of the Title V Operating Permit #4900334002, for failing to submit the required
deviation report promptly (within 14 days).
Section l9-2-ll5 of the Utah Code Annotated provides that violations of the Utah Air Conservation Act
and/or any order issued thereunder may be subj ect to a civil penalty of up to $ I 0,000 per day for each
violation. Based upon our civil penalty policy, the DAQ calculated a civil penalty of $ 1,500. Calculated
civil penalty amounts are 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 ofviolations (actual and alleged).
Attached for Intermountain Regional MSW Landfill's signature are two copies of an Administrative
Settlement Agreement to resolve the NOV. By signing the Agreement, lntermountain Regional MSW
Landfill would agree to a stipulated penalty of $ I ,500.
Within thirty (30) days of the execution of this Agreanent by both parties, the penalty shall be paid to
DAQ by check, ACH, or wire transfer of funds.
This Agreement constitutes an offer of settlernent and is not a demand for payment. Please respond within
twenty (20) days of receipt of this offer. To accept the Agreement, sign both copies of the Agreement and
return them to Bryce Bird, Director, Utah Division of Air Quality, at the letterhead address. Both copies
will then be signed and dated by the Director, and one copy will be returned to you. The Agreement will
become effective on the date it is signed by the Director. If you do not sign the settlement agreement,
provide a written response explaining the reason.
If you have any questions concerning this matter please call Harold Burge at [phone].
Sincerely,
4-d
Bryce C. Bird
Director
BCB:HB:rh
Enclosures: Administrative Settlement Agreement (2)
cc: Kimberly D. Shelley, Executive Director
Utah County Health Department
DAQC-S91-24
Page 3
Utah Division of Air Quality
ln the Matter of the Administrative Settlement
ROC Fund Landfill Holdings, Agreement
LLC (Intermountain Regional
MSW Landfill)
This Administrative Settlement Agreement (Agreement) is entered into between lntermountain
Regional MSW Landfill and the Director of the Utah Division of Air Quality (DAQ), pursuant to
the Utah Air Conservation Act (Act), Utah Code Ann. $$ l9-2-l0l et seq. Without adjudication of
any issue of fact or law and without admission of any liability, the parties, the DAQ and
Intermountain Regional MSW Landfill, agree as follows:
1. The DAQ has authority to administer the Act, to issue notices of violation and orders, to
access and collect noncompliance penalties, and to exercise all incidental power necessary
to carry out the purposes of the Act, Utah Code Ann. $ 19-2-107.
2. lntermountain Regional MSW Landfill owns and operates a landfill at 800 South Allen
Ranch Road, Fairfield, UT, Utah County.
3. The purpose of this Agreement is to settle the following alleged violations of Utah
Administrative Code R307-214-2(18) and 40 CFR $63.670(c):
Date of Date of
Alleged Violation Notice of Violation Alleged Violations
March 30,2024 July 30,2024 Condition I.L.l of the Title V Operating
Permit #4900334002, for failing to submit
the required Annual Compliance
Certification (ACC) report on or before
the required due date of March 30,2024.
DAQC-891-24
Page 4
4,
5.
6.
7.
8.
9.
Condition I.S.2.c of the Title V Operating
Permit #4900334002, for failing to submit
the required deviation report promptly
(within 14 days).
The parties now wish to resolve this matter fully without admissions of any violations,
liability, wrongdoing, failure or omissions whatsoever, and without further administrative
or judicial proceedings.
None of the provisions of this Agreement shall be considered admissions by *y party and
shall not be used by any person related or unrelated to this Agreement for purposes other
than determining the basis of this Agreement. This Agreement resolves all issues related
specifically to the alleged violations listed in paragraph 3 by the owner/operator at the time
of the alleged violations.
Compliance with this Agreement resolves only the alleged violations listed in paragraph 3
of this Agreement and does not relieve Intermountain Regional MSW Landfill from any
future obligations imposed under the Act or Rules promulgated thereunder.
In settlement of the alleged violations listed in paragraph 3 of this Agreement,
lntermountain Regional MSW Landfill agrees to a stipulated penalty of $1,500.
The penalty shall be payable by check, ACH, or wire transfer of funds to the State of Utah
within thirry (30) days of the effective date of this Agreement as defined in paragraph I 1.
Nothing in this Agreement shall preclude the DAQ from seeking civil penalties for future
violations of the Act, Rules, or Orders.
If Intermountain Regional MSW Landfill fails to comply with any part of this Agreement,
it may become null and void at the discretion of the DAQ.
10.
DAQC-891-24
Page 5
11. This Agreement shall become effective upon execution by both parties.
lntermountain Regional MSW Landfi ll
R.r'
Division of Air Quality
Dated this day of
Name: Bryce C. Bird
Title: Director
Name:
Title:
Utah
By:2024.
DAQC-891-24
Page 6
Utah Division of Air Quality
In the Matter of the Administrative Settlement
ROC Fund Landfill Holdings, Agreement
LLC (Intermountain Regional
MSW Landfill)
This Administrative Settlement Agreement (Agreement) is entered into between Intermountain
Regional MSW Landfill and the Director of the Utah Division of Air Quality (DAQ), pursuant to
the Utah Air Conservation Act (Act), Utah Code Ann. $$ l9-2-l01et seq. Without adjudication of
any issue of fact or law and without admission of any liability, the parties, the DAQ and
Intermountain Regional MSW Landfill, agree as follows:
1. The DAQ has authority to administer the Act, to issue notices of violation and orders, to
access and collect noncompliance penalties, and to exercise all incidental power necessary
to carry out the purposes of the Act, Utah Code Ann. $ l9-2-107.
2. Intermountain Regional MSW Landfill owns and operates a landfill at 800 South Allen
Ranch Road, Fairfield, UT, Utah County.
3. The purpose of this Agreement is to settle the following alleged violations of Utah
Administrative Code R307-214-2(18) and 40 CFR $63.670(c):
Date of Date of
Alleged Violation Notice of Violation Alleged Violations
March 30,2024 Ju,ly 30,2024 Condition I.L.1 of the Title V Operating
Permit #4900334002, for failing to submit
the required Annual Compliance
Certification (ACC) report on or before
the required due date of March 30,2024.
DAQC-891-24
Page 7
4.
5.
6.
7.
8.
9.
Condition LS.2.c of the Title V Operating
Permit #4900334002, for failing to
submit the required deviation report
promptly (within 14 days).
The parties now wish to resolve this matter fully without admissions of any violations,
liability, wrongdoing, failure or omissions whatsoever, and without further administrative
or judicial proceedings.
None of the provisions of this Agreement shall be considered admissions by any party and
shall not be used by any person related or unrelated to this Agreement for purposes other
than determining the basis of this Agreement. This Agreement resolves all issues related
specifically to the alleged violations listed in paragraph 3 by the owner/operator at the time
of the alleged violations.
Compliance with this Agreement resolves only the alleged violations listed in paragraph 3
of this Agreement and does not relieve Intermountain Regional MSW Landfill from any
future obligations imposed under the Act or Rules promulgated thereunder.
In settlement of the alleged violations listed in paragraph 3 of this Agreement,
Intermountain Regional MSW Landfill agrees to a stipulated penalty of $1,500.
The penalty shall be payable by check, ACH, or wire transfer of funds to the State of Utah
within thirry (30) days of the effective date of this Agreement as defined in paragraph 11.
Nothing in this Agreement shall preclude the DAQ from seeking civil penalties for future
violations of the Act, Rules, or Orders.
If Intermountain Regional MSW Landfill fails to comply with any part of this Agreement,
it may become null and void at the discretion of the DAQ.
10.
DAQC-891-24
Page 8
11. This Agreement shall become effective upon execution by both parties.
Intermountain Regional MSW Landfi 1l
By:
Name:
Title:
Division of Air Quality
Dated this day of
Name: Bryce C. Bird
Title: Director
Utah
By:2024.
ROC Fund Landfill Holdlngs. Ll-C {lntermountain Cla$:Maior
Vlolatlon Datelsl;3GMar-24
Daysto Rcsolutlon:752
to submit aequired Annual Compliance
l.S.2.c of OP 4900334002
13G1. Scope.
adjustments for specific circumstances.
13G2. C.tetorlcr.
are trouped in four general categories based on the potential for harm and the nature and extent of the violations. Penalty ranges for each cate8ory are listed
U cat€gory A. $r,00G10,000 per day.
with hith potential for impact on public health and the environment including:
Violation of emi$ion standards and limitations of NESHAP.
Emissions contributing to nonattainment area or PSD increment exceedences.
Emissions resultint in documented public health effects and/or environmental damage
B. S2,00G7,000 per day.
of the Utah Air Conservation Act, applicable State and Federal retulations, and orders to include:
Sitnificant levels of emissions resulting from violations of emission limitations or other retulations which are not within Crtetory A.
Substantial non-compliance with monitoring requirements.
Significant violations of approval orders, compliance orders, and consent agreement5 not within Catetory A.
Sitnificant and/or knowint violations of "notice of intent" and other notification requirements, including those of NESHAP.
Violations of reportint requirements of NESHAP.
Category c. Up to 52,000 per day.
violations of the tJtah Air Conseruation Act, applicable State and Federal Regulations and orde15 havint no significant public health or environmental impact to include:
a) Reporting violations
Minor violations of monitorint requirements, orders and agreements
(c) Minor violations of emission limitations or other re8ulatory requirements.
catesory D. Up to S299.m,
Violations of specific provisions of R307 which are considered minor to include:
(a) Violation of automobile emission standards and requirements
(b) Violation of wood-burnint retulations by private individuals
(c) Open burnint violations by privete individuals.
R307-13G3. Adjustments.
The amount of the penalty within e.ch category may be adlusted and/or suspended in part based upon the following factors:
cooperation with the State to include accessibility to information and the amount of State effon decessary to bring the source into compliance.
were violated.
actions.
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.
lnability to pay. An adjustment downward may be made or a delayed payment schedule may be used based on e do.umented inability of the source to pay.
Options.
may be given to suspension of monetary penalties in trade{ff for expenditures resultihg in additional controls and/or emissions reductions beyond those required to meet
int requirements. Consideration may be gaven to an increased amount of suspended penalty as a deterrent to future violations where appropriate
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7019070000020834747 1
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BRIAN ALBA
1236 E WHITLOCK AVE
SALT LAKE CITY, UT 84106
ocr 1 1 2024
DIVISION OFAIR OUALITY
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