DWQ-2024-006745

UTAH DEPARTMENT OF' ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:STIPULATION AND CONSENT ORDER
Interstate Rock Products, Inc.Docket No. 124-02
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 Interstate Rock
products Inc., ("IRP"), jointly referred to hereinafter as 'othe 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 $$ 19-5-101 et. seq. (the "Act"), and corresponding regulations in the
Utah Admin. Code R3l7-l-l et. seq. (the "Water Quality Rules").
I. STATUTORY AND REGULATORY AUTHORITY
l. The Director has authority to administer the Act pursuant to Utah Code $ 19-1-105(1)(e), and
to enforce the Water Quality Rules in Utah Admin. Code R317 through the issuance of
orders, as specified in Utah Code $$ lg-5-106(2)(d) and -l I 1. The Director also has authority
to settle any civil action initiated to compel compliance with the Act and implementing
regulations pursuant to Utah Code $ l9-5-106(2Xk).
U. tr'INDINGS OF FACT AND CONCLUSIONS OF LAW
1. IRP is a "person" as defined in Utah Code $ 19-l-103(4) and is subject to all applicable
provisions of the Act and the Water Quality Rules.
2. For the purposes of this Order, the Parties stipulate to the findings and violations identified in
the May 29,2024, Notice of Violation and Compliance Order ("NOV/CO"), Docket No. I24-
02, and to the findings described below.
3. On February 2,2024,lnterstate Rock Products, Inc. submitted a report to the Division titled
"IRP - Illicit Discharge Response 02-01-2024_Meryed" that included detailed desuiption of
completed cleanup activities.
4. On June 26 ,2024,IRP submitted a report titled, "Illicit Discharge Prevention Response" in
response to, and as required by, the NOV/CO. The report provided a description of the cause
of the discharge. Together, the February 2 and June 26,2024 reporls satisfied and complied
with the reporting requirements outlined in the May 29,2024, NOV/CO.
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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 NOV/CO No. 124-02 without additional
administrative or judicial proceedings.
1,, In accordance with Utah Admin. Code R3l7-1-8. Penalty Criteria for Civil Settlement
Negotiations, IRP shall pay a penalty of $4,075.00.
2. Payment in the amount of $4,075.00 is to be made within thirty (30) calendar days of 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 ftnance
staff at eqwqfi nance@utah. gov.
3. If, for any reason, IRP fails to pay the penalty within thirty (30) calendar days and thereby
defaults, then 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 $ l9-5-l 15.
a. Prior to rescinding this Order, the Director shall provide written notice to IRP 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 IRP 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. IRP 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 NOV/CO. IRP 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 IRP's compliance history where
consideration of such history is relevant, including any subsequent violations. IRP
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. IRP agrees to the terms, conditions, and requirements of this Order. By signing this Order,
IRP understands, acknowledges, and agrees that it waives: (1) the opportunity for an
administrative hearing pursuant to Utah Code $ l9-l -301; (2) the right to contest the findings
in the NOV ICO; and (3) the opportunity for jddicial 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 IRP:s showing
of good cause. Good cause for an extension generally means events outside of the reasonable
control of IRP, such as force majeure, inclement weather, contractor or supplier delays, and
similar circumstances. However, the Director expects IRP to employ reasonable means to
limit and prevent foreseeable causes of delay. The timeliness of IRP'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 IRP, for futufe 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 ofassets 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- 1 15, 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 Interstate Rock Products, Inc. represents and
warrants that it is duly authorized and has legal capacity to legally bind Interstate Rock Products,
Inc. and agrebs that the Director may rely on that representation.
Pursuant to the Utah Water Quality Act, Utah Code $ l9-5-l0l et seq., and Utah Admin. Code
R317, the Parties hereto mutually agree and consent to this Stipulation and Consent Order, as
evidenced below:
ISTGNATURE PAGE FOLLOWSI
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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
For Interstate Rock Productso Inc.
Chase Stratton
Chief Executive Officer
Date:
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