Loading...
HomeMy WebLinkAboutDAQ-2025-000855State of Utah SPENCER.J, COX Govqnor DEIDRE HENDERSON Lleutenant Govemor Department of Environmental Quality Kimbcrly D. ShelleY Epcnlivc Drdry DIVISION OF AIR QUALITY Bryce C. Bird Diiectar b,6 "'Fl--*1y January 7,2025 DAQC-1254-24 Site ID: 10278 (Bl) Sent Via Certified Mail No. 70190700000208350006 Chris Rose Staker Parson Companies 89 West 13490 South Draper, Utah 84020 -7 209 Dear Mr. Rose: Re: Early Settlement Agreernent- Staker Parson Companies dba Western Rock Products, Iron County On Decemb er 9,2024,the Utah Division of Air Quality (DAQ) issued a Compliance Advisory to Staker Parson Companies as a result of an inspection performed on June 4,2024. Staker Parson Companies ."rpond"d to the Compliance Advisory on December 17,2024. Based on the findings of the inspection and response to ttre Compliance Advisory, the DAQ determined that Staker Parson Companies was in violation of: 1. Utah Administrative Code (UAC) R307401-5 (Notice of Intent) Notice of lntent (NOI) was not submitted and an Approval Order (AO) was not issued prior to extending the lsngth of haul roads and loader operation areas 2. Condition II.B.4.a of AO DAQE-ANI02780003-19: The total haul road tengths arc 4,225-2 fee! while the permined limit is 1250 ft. The loader operation areas are 821.8 feet, while the permitted limit is 350 ft. Section lg-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 subjcct 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. 195 Nortt t950 Wcat' Salt L8ke City, UT Mailing Addr6s: P.O. Box 144820. Salt Lskc Cily, UT 841144820 Telephooc (801) 53640(t0 . Fu (801) 5364099'TD.D. (801) 903-3978 w.dq-utahgov PrilGd o tmt tlcyclcd Pepcr DAQC-1254-24 Page2 Thc monetary amount of the DAQ settlement offer specffied below is derived from a pre-established schdule of penalties, which takes into account, among other factors, the magnitude and severity of the viotation, economic benefil cooperation of the source as well as the prior history of violations. Atl parties we deal with, whetherprivate, commercial, or govemmental are treated similarly in the settlernent 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 June 4,2024,was addressed by Staker Parson Companies by planning to zubniit a Notice of Intent and obtain a new Approval Order within 12 months to increase the haul road lenglh and loader operation area limits. If you are interested in settling this violation, we are authorized to offer settlernent in accordance with the DAQ Penalty Poliry as follows: l.Staker Parson Companies 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. Staker Parson Companies agrces to pay $471 of the stipulated penalty within twenty (20) business days fronr the date you receive this Early Settlement Agreement. The DAQ retains its authority to take auy eirforcement actions based on any and all violations not specifically described above. If a violation is a failure to submit a Notice of Intent to the Director and receive ao Approval Order under Utah Administrative Code R307401-5, the DAQ retains its authority to take subseque,nt enforcement action if during the next inspection ttre DAQ finds the source is still not in compliance with R307401-5. ln the event any furfrer violations of the Act, the Utah Air Quality Rules, the source's AO, or the Director's Orders occur, the DAQ may consider the violation described above in assessing a penalty for the subscquent violations, in accordance with the provisions of Utah Administrative Code R307- I 30. Entering into this Early Settlement Agreernent shall not constitute an admission of violation of the Act, the Utah Air Quality Ruleg or the source's AO nor shall it be inferred to be such an admission in any administrative or judicial proceeding. The describcd violation will constitute part of the comPany compliance history for any purp$e for which such history is relevant to the DAQ. This Earty Settlement Agreement constitutes an offer of settlement and is not a dernand for payment. The Early Settlement Agreement reflects a reduced penalty for early settlement of this matter. DAQC-r2s4-24 Page 3 If the above tenns are acceptable to you, please sign and refirrn this Early Settlement Agreement and a check in the sum of $eZt. Submitthe signed Earty Settlement Agreement and check made payable to the DAQ at the letterhead address within tweuff (20) business days of receipt of this-E*ty Srttftment Agreement. Elcctronic payments are also available on our website at: https ://deq.utah. gov/generaVpayment-portal. 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 peq. 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 requiredApproval 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-compliancg issues listed above and requires the immediate affention of your company. Failure to resolve this mafier as outlined abovl 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 orby email at cgilgen@utah.gov' Sincerely, 4rrbl Bryce C. Bird Director BCB:CG:my cc: SouthwestUtah Public Health Departnent DAQC-12s4-24 Page 4 Acccptance of Early Settlement Agreement I have read the above Early Setttement Agreement and I agree to the terms and conditions thereof. Company Name: Staker Parson Companies Name: Ctnfrbtopqu{ Fr.xe,ul{/r5f@ww F(-Dr-, r /tui trottuilarUJ Se f!Y''f Qslaoo-Lil1 Telephone Number Division of Air Quality Marketplace 1116120251:25:28 PM Page 1 O rd er N u m ber: a7 65b44d-d a a 841 5 b-ac3f-056e367c 1 a c 1 Select ltem(s) to Purchase Item: Penalty Payment for Compliance Descrlption: Please enter DAQC or DAQA number to identiff the penalty payment. Prlcez $471 Quantlty 1 Item Total: 471.00 Addltlonal lnformatlon: DAQC-1 25+24 Total of al! ltems: 471.00 Contact Information Name/Buslness: Staker Parson Companies Phonq (385) 400-2119 Ema ll: ch ris.rose@stakerparson.com You must upload at least 1 file(s) of PDF, JFG, or PNG format and < 25 MB Flle Upload: Cedar CiW DAQ Non-Com reement SlGNED.pclf You may upload up to 5 files of PDF, JPG, or PNG format and < 25 MB Flle Upload: