DAQ-2025-001282

Department of
Environmental Quality
Kimbcrly D. Shellcy
Executive Director
DIVISION OF AIR QUALITY
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
January 16,2025
Sent Via Certified Mail No. 70022030000044115847
Kevin Smith
Lakeview Rock Products
P.O. Box 540700
North Salt Lake, uT 84054
Dear Mr. Smith:
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Re: Modified Early Settlement Agreement - Lakeview Rock Products, Davis County \'/
On December 5,2024, the Utah Division of Air Quality (DAQ) issued an Early Settlement
Agreement (DAQC-1127-24) to Lakeview Rock Products to resolve the Compliance Advisory
(DAQC-681-24) issued on July 10,2024. Lakeview Rock Products met with the DAQ on August
13,2024, to discuss the Compliance Advisory. The DAQ and Lakeview Rock Products reached an
agreement during a meeting on January 8,2025, to modify the terms of the Early Settlement
Agreement. Based on this Agreement, the DAQ determined that Lakeview Rock Products was in
violation of:
l. Utah Administrative Code (UAC) R307-401-5 (Notice of Intent)
Notice of Intent (NOI) was not submitted and an Approval Order (AO) was not issued
prior to installing a new gizzly feeder and a new 5' x 16' screen.
2. Condition I.3 of AO DAQE-AN104390011-17:
Modifications to the equipment at Lakeview Rock Products were made without prior
approval from the DAQ. Modifications noted in2022 included one gizzly feeder, a
horizontal shaft impactor, and two diesel generators.
Section lg-2-ll5 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 ofup to $10,000 per day
for each violation. Based upon our civil penalty policy, we calculated a preliminary reduced civil
penalty for the above listed violation(s) of $5,826.
I 95 North 1950 West . Salt Lake City, UT
Mailing Address: P.O. Box 141820. Salt Lake Ciry, U"f 84114-4820
Telephone [phone] . Far (801) 5364099. T.D.D. [phone]
wnv.deq.utah.gov
Printed on 100% recycled paper
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DAQC-031-2s
Site ID: 10439 (Bl)
urAH or-pn n rrur.rrTbF-
E}l.'ll[o.N]y-E Nl].A L Q u A L rrY
JAN 2 I 2025R
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DAQC-031-2s
Page2
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
magnirude and severity of the violation, economic benefit, cooperation of the source as well as the
prior history of violations. See the attached penalty worksheet for details.
All parties we deal with, whether private, commercial, or governmental are treated similarly in the
settlement process. Modified Early Settlement Agreements are based on the evaluation of the
same factors and criteria in all cases. The DAQ acknowledges that the violation(s) on June 19,
2024, was addressed by Lakeview Rock Products by agreeing to submit a NOI by February 28,
2025.
If you are interested in settling this violation, we are authorized to offer settlement in accordance
with the DAQ Penalty Policy as follows:
l. Lakeview Rock Products agrees to pay one quarter of the reduced civil penalty in the sum
of $1,456. This leaves a remaining penalty amount of $4,370 which will be suspended for
two years from the date Lakeview Rock Products signs this agreement. If Lakeview Rock
Products submits an NOI by February 28,2025, and has no violations relating to
unpermitted equipment during this two-year period, the DAQ will waive the remainder of
the penalty.
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
lntent 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 R307401-5.
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. Any further unpermitted equipment violations
within the two-year period from the date Lakeview Rock Products signs this agreement
shall trigger the payment of the remaining penalty amount described in Paragraph l.
4. Entering into this Modified 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 Modified Early Settlement Agreement constitutes an offer of settlement and is not a demand
for payment. The Modified Early Settlement Agreement reflects a reduced penalty for early
settlement of this matter.
DAQC-O31-2s
Page 3
If the above terms are acceptable to you, please sign and return this Modified Early Settlement
Agreement and a check in the sum of $1,456. Submit the signed Modified Early Settlement
Agreement and check made payable to the DAQ at the letterhead address within twenty (20)
business days of receipt of this Modified Early Settlement Agreement. Electronic payments are
also available on our website at: https://deq.utah.govlgeneraVpayment-portal.
If you need an Approval Order, this Modified 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 Modified 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 andlor 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
3 85-305-6500 or [e-mail].
Sincerely,
4.d
Bryce C. Bird
Director
BCB:CG:rh
cc: Davis County Health Department
DAQC-o31-2s
Page 4
Acceptance of Modified Early Settlement Agreement
I have read the above Modified Early Settlement Agreement aud I agree to the terms and
conditions thereof.
Company Name: Lakeview Rock Products
Name:
Title:
(e,vrnt ( r."irt
dFt^s ?ot 1*o zsz?
Signature Telephone Number
DAQC-O3r-25
Page 5
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 ofthe 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 ofthe violations. Penalty ranges for each category are listed.
Utah Division of Air Quality General Administrative Penalty Worksheet
Source:Lakeview Rock
Products Class:C
SlteID #:10439 June 19, 2024
ITPV:N/A Days to
ResoluHon:Ongoing
Citition Descrlpdon of the
Yiolation Events Category Range DaiIy
Penaltv
Accumulated
Penaltv
AO Condition I.3
Operating
unpermitted
equipment since
2022
6 C
Up to
$2000
per
dav
$6,054 s6,0s4
UAC R307401-s
Failure to submit
NOI before
modiffing
eouinment
I C
Up to
$2000
per
dav
s729 s729
UAC R307-r30-
3(3)
Operating
unpermitted
equipment -
previous/ongoing
violation from
2022.
C
Up to
$2000
per
duy
$500 $s00
Total $7,283
20% Early
Setflement
Ootion
$1,457
Total
Penalty $5,826
25Yo ol
Total
Penaltv
$1,456
DAQC-O31-2s
Page 6
(l) 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.
(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 buming violations by private individuals.
DAQC-o31-2s
PageT
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:
(l) 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 the
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