DWQ-2025-004193

UTAH DE,PARTME,NT OF ENVIRON}IENTAI, QUAI,ITY
DIVISION O} WA'I'EII. QUALI'I'Y
IN THII NIAT'I'IIR OF':
Powder Mountain Wate r' & Scrvcr
hrprovement District
Powcler Mouutain Lagoons
STIPULATION AND CONSENT ORDER
Dockct No. M23- I 5
This Stipulation aud Consent Ordcr ("Orclcr") is cntcrcd into voluntarily lry anrl bctwccn thc
Director ("Director") of thc lJtah Division of Water Quality ("Division") and Powcler Mounlain
Watcr'& Sovcr hnprovcmcnt District ("Powcler Mountain"), in its capircity as the operator who
is legally responsible lor the operation of Porvder Mountain l.agoons ("F acility"), jointly relerred
to hcrcinaftcr as "the Parties."
By enteling iutr.r this Ordcr'. thc Partics rvish. without hrrthcr administrative or jutlicial
proceedings and stipulate to civil penaltics arising out of alleged violations ol'the Utah Water
QLrality Act, Utah Code $$ l9-5-l0l er. seq. (tbe "Act"), and coresponding rcgulations in thc
Utah Admin, Clode I{317-l-l ct. seq. (the "Water Quolity Rulcs").
I. STATUTORY AND REGULATORY AUTHORITY
l. The Director has authority to administer thc Act pursuant to Utah Code { 19-1-105(1Xc), and
[o enforce the Watcr Quality Rules through the issuancc ol orders, as specified in Utah Codc
li$ I9-5- 106(2Xd) and - I I I . 'l'lie l)irector also has authority to scttlc any civil action initiated
to compel compliancc rvith the Act and implementing rcgulations pursllant to Utah Codc $
le-5- 106(2)(k).
II. FINDINGS OF FAC'I'A.ND CONCLUSIONS OF LAW
l. Powdcr Mountain is a "person" as defined in tjtah Codc { l9-l-103(.1) and is subject to all
applicable provisions of tlic .\ct and the Water Quality Itules.
2. For thc pllrposcs olthis Orcler, thc Parties stipulate to the firrdings and violation set lorth irr
the July I 2, 2024 Notioc of Violatron and Compliancc Order ("NOV/CO"), Dockct No. M23-
15. and to the findings dcscribed below,
3. As required by the NOV/CO, Pou,der Mourtain tin'rely submittetl a writtcn response (datcd
Angnst 7. 2024) describing thc corrective actions taken and planned to be implemented to
prevent futurc tnauthorized discharges and corne into compliance with the Act antl the Water
Quality Rr.rles.
III. STIPULATION AND CONSENT ORDER
Based npon the foregoing Findings ofFact and Conclusions of Law, the Parties havc negotiated
this Order in good faith and now wish to fully resolve NOV/CO No. M23-15 without additional
administrative or judicial proceedings.
l. Within sixty (60) days from execution of this agreement, Powder Mountain shall sr.rbmit a
notice of intent ("NOI") to obtain permit coverage under the State of Utah General Permit for
Non-Discharging Wastewater Lagoons Permit.
2. In accordance with Utah Admin. Code R3l7-l-8. Penalty Criteria for Civil Settlement
Negotiations, Powder Mor.urtain shall pay a penalty of $6,715.00 to the Division.
3. Payment ofthe $6,715.00 penalty shall be made within thirty (30) calendar days ofthe
Effective Date of this Order, using one ofthe 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 othcr available paynent options, please contact the Division's finance
staff at eqwqfi [e-mail].
4. I1, for any reason, Powder Mountain 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 g l9-5-115.
a. Prior to rescinding this Order, the Director shall provide written notice to Powder
Mountain of its default and will provide fouteen (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 futher written
notice to Powder Mountain, to begin a civil action for all appropriate reliefprovided
under the Act, including seeking the full penalty amount authorized under the Act.
IV. GENERAL PROVISIONS
1. The Parlies recognize that this Order has been negotiated in good faith and nothing herein
constitutes an admission by any Party. Powder Mountain does not admit to, and retains the
right to controvert in any proceedings other than subsequent proceedings to implement or
enforce this Order, the validity ofthe facts and violations alleged in the NOV/CO. Powder
Mountain further agrees it will not contest the basis or validity of this Order or its terms.
2. The violations described herein will constitute part ofPowder Mountain's compliance history
where consideration ofsuch history is relevant, including any subsequent violations. Powder
Monntain 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 [aw.
3. Powder Mountain agrees to the terms, conditions, a d requirements of this Order. By signing
this Order, Powder Mountain understands, acknowledges, and agrees that it waives: (l) the
opportunity for an administrative hearing pursuant to Utah Code g l9-l-301;(2)therightto
contest the findings in thc NOV/CO; 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 noticc ofthe proposed
Order and has solicited and reviewed any public comments received.
6. The dates set forth in the Stipulation and Consent Order section olthis Order may be
extendcd in writing by the Director, in the Director's sole discretion, based on Powder
Mountain's showing ofgood cause. Good cause for an extension generally means events
outside of the rcasonable control of Powder Mor"ntain, such as force majeure, inclement
weather, contractor or supplier delays, and similar circumstances. However, the Director
expects Powder Mountain to employ reasonable means to limit and prevent foreseeable
causes ofdelay. The timeliness ofPowder Mountain'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 seeking
additional penalties against Powder Mountain, 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 ofaction, or demands. Therefore, such matters are
outside the scope of this Order.
9. This Order is binding upon each ofthe Parties and their respective heirs, successors, and
assigns. Any change in ownership or corporate or legal status, including but not limited to,
any transf'er 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 Parries.
V. COMPLIANCEANDPENALTYNOTICE
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 euality Rules, and
this Order will be strictly enforced during the time that this Order remains in effect. Utah Code $l9-5-l 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 courtjudge imposing a civil penalty
per day ofviolation
VI. SIGNATORY
The undersigned, signing this Order on behalf of Powder Mountain Water & Sewer
Improvement District, represents and wamants that it is duly authorized and has legal capacity to
legally bind Powder Mountain Water & Sewer Improvement District and agrees 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 hereby mutually agree and consent to this Stipulation and Consent Order, as
evidenced below:
IsrGNATr]nE PACiFt FOLLOWSI
4
IT tS SO AGREED AND ORDERED:
For the State of Utah. Department Of Environmental Quality, Division of Watel Quality
John K. Mackey, P.E.
Director
Date:
For Powdcr Mountain Water & Sewer lmprovernent District
oate: 1T 7, 70Zs
District Manager