DWQ-2024-000386

State of Utah
SPENCERJ.COX
Govetnor
DEIDRE }IENDERSON
Aeu@nanl Govenot
Department of
Environmenhl Quality
Kimberly D. Shelley
Erestive Dlrector
DIVISION OF WATER QUALTTY
lohn K Mac,kcy, P,E.
Dlreclor
Dggember7,2022
VIA EMAIL
(Read Recelpt Requested
CERTIFIED MAIL
(Return Recelpt Requested)
RelaDyne,Ino.
Ath: Chance Densley, Safefy and Compliance Manager
8280 Montgomery Road, Suite 101
Cincinnati, Ohio 45236
(chance.dcnslev@reladyne-
SubJect Expedlted SetflementOffer @SO) for RelaDyne Wesf
ITPDES Permit No. UTM90EI7 loccted in Ballard, Utah
Dear Mr- Densley:
OnMarch 28,Z0?1theUtahDivision ofWaterQuality ("Division') perfomred an evaluationto veriftpermit
cover4ge for the above-nemed facility and identified it to be in violation of the Utah Multi-sector General
Pennit (.1vISGP') for Storm Water Discharges Associated with Industrial Activities due !o non-payment of
the annual permit fee and the expired status of permit coverage. In accordance with Utah Administrative
Code R3l7-l-8.5, this enforcement case has been determined eligible for an Expedited Settlement Offer
('ESO') in lieu of the standard penalty prooess under R3l7-l-8.3.
The Division is offering you the opportunity to voluntarily enter into the attached agreement to resolve the
violations identified in the attashed Expedited Settlement Offer Deficienoies Form. In order to accept this
ESO, please slgn and return the agrcement to the Division within 30 calendrr days of the received datp.
lf you have any questions regarding this Order or other information contained therein, please contact
Eric Cashejon at [phone] or ecashejon@utah"gov.
Sincerely,
c.ledi/fu,"\r
Samantha K. Heusser
Manager, Compliance & Enforcernent Sestion
Utah Division of Wa[er Quality
195 Norrh 1950 West . Salt I*ke Ciry, UT
Moiliqg Addrcrs' PO. Box 144E70 . SBII kke City, UT E4l 144870
Telephone (80 I ) 536-13(X)' Fot (801 ) 536.4301 TDD (801 ) 5364284
ww.&g,ulah,gov
Printed on l(Xtg'o
'ocltlEd
papcr
RelaDyneWest
EC:SKII:cjh
Enclozures:Expedited Settlement Offer Instruction Sheet
Expedited Settlement Offer
Expedited Settlement Offer Worksheet Deficicncies Form
Cc ViaEmail:
Kinbcrly D. Shelley, Executive Director, Department of Environmental Quality
John lvlackey, Director, Division of Water Qualtty
Eric Castrejon, Division of WaterQuality
Jeanne Riley, Division of Water Quality
Haley Sousa, Assistant Attomey General
Nathan l{all, DEQ Distict Engineer
Danin Brown, Tri-Couty Health Deparunent
DWQ-.2027242{|4r
EQ_Ihcs/DWQ/Compliancr od Eoforcem.nt/RcloDyne WcsrLlIn0n0T ESO RehDyno Wec UTPJl908l7
Construction Permit for the Hunter Power Plant
EXPEI'ITED SETTLEMENT OFFER INSTRUCTION S}IEET
The Expedited Settlement Offer ("Offer') is the prefened option to resolve non-compliance. If you
choose to sign and return the Offer, you waive yow opportunity for a hearing and to appeal pursuant
to the Utah Water Quality Act, Utah Code $ 19-5- l 12. If you choose not to sign and rehrn the Offer
within THIRTY (30) DAYS, the Offer will be automatically withdrawn, without prejudice to the
Division's ability to file an enforcement action for the violations alleged herein or any other
violations. The Division may choose to pursue more formal enforcernent measures to conect the
violation(s) and seek penalties of up to a maximum penalty of $ 10,000 per day per violation.
To accept and prooeed you must:
(t) Correct all deticiencies identified by the Division in the Deficiencies Form (enclosed);
(2) You will receive two copies ofthe offer, oue hard copy via certified mail and a second electronic
copy via email. Sign the electronlc copy of the Offer sent via email within thirty (30) days of
receipt. DO NOT SUFMIT PAYMENT AT THIS TIME.
(3) Wait for the 30-day public nofice to be completed and for the Director of the Division to sign
the Offer; and
(4) After the Division has sent you a copy of the Offer signed by the Director with an invoice, you
will have thirty (30) days to submit payment for the penalty to the Division of Water Qualtty.
Payment cannot be accepted before this time and will be rehrned if sent prior to the invoice being
generated,
Please retain copies of the signed Offer, the report detailing your corrective actions, and the penalty
checks for your own records.
You may contact Eric Castejon at 385-341-3503 or [e-mail] to request an extension.
The Division wilt consider whethEr to grant an extension on a case-by-case basis. If you believe
that the alleged violations are without merit (and you can provide evidence contesting the
allegations) you must provide zuch information to the Division as soon as possible but no later than
30 DAYS from your receipt of the Offer.
RelaDyne West
STATE OF UTAH DEPARTMENT OF' ENVIRONMENTAL QUALITY
DMSION OF WATER QUALITY
EXPEDITED SETTLEMENT OTFER
This Expedited Settlement Offer ('ESO'), is entered into by and betrpeen the Director of thc Division of
Water Quality ('Director') and RelaDyne, Inc, ("Owner/Operator"), jointly refened to hcreinafter as the
"Parties," pmuant to the Direc,tor's authority under the Utah Water Quality Act, Utah Codc $$ 19-5-111,
19-5-115, Utah Administative Code (UAC) R3l7-1-8 and R317-8-3.9.
1. Owner/Operator is a "person" as that tenn is defined in Utah Code $ I 9'l - 103(4).
2. Owner/Operator is conducting "indushial activity" at Rslallyne West ('Tacility').
3, The Director issued the Multi-sector General Petmit (MSGP) for Storm Water Discharges Associated
with Industrial Activities UTR000000 authorizing operators associated with industrial activity to
discharge indusrial $torn water from the specified industial site to rvaters of the State in accordance
with t}e eligibility and Notice of Intent requirements, discharges point(s), efTluent limitatious,
inspection and monitoring requirements, and olher conditions set forth in this Permit and UAC R317-
8-l l. Operator submitted a Notice of Intent and obtained coverage for the Facility under UTR000000
and was assiped LJPDES Pennit No. UTR293713, making the Operator responsible for compliance
with UTR000000. GffR000000 snd the Operator's specific coverage are refened to collectively
berein after as "the Permif).
An ESO may be uscd in enforcement cases in lieu of the penalty process when violations are readily
identifiable, readily correctable, and do not cause significant harm to human heslth or the environnrent,
.See UAC R317-1-8.3 and -8.6.
5. lfhe attached Expedited Settlement Offer Deficiencies Form C'ESODF"), incorporated herein by
reference, includes findings which specify the conditions in violation of the Permit on March 28' 2022.
The ESODF is in lieu of an initial order, notice of violation or notice of agency action to faciliate the
purposes dsscribed hercinaft er-
6. The Parties voluntarily enter into this ESO in order to: identiff the actions noeessary to concct the
deficiencies observed at the Facility; determine the amount of the civil penalty appropriate for the
violation(s) based on the deficiencies alleged; and to conclude this rratter without the necessity of
further adminisffative or judicial proceedings.
7. Ovmer/Operator understands and agrees that a penalty in ttre amount of $340.00 is appropriate based
on the circumstances specified herein. This proposed settlement and penalty are subject to a thirty (30)
day notice and comment period as provided for in UAC R3l7-8-t.9. The Parties each reserve the right
to withdraw from this ESO if comments received duing the notice period result in a modification to
the terms and conditions.
8. By accepting this ESO, Owner/Operator neither admits nor denies the findings, violations or
deficiencies specifi ed hetein.
4.
Construction Permit for the Hunter Power Plant
9. Owner/Operator agrees to the terms, conditions and requirements of this ESO. By signtng this ESO,
Owner/Operator understarrds, acknowledges and agr€es that it waives: (l) the opporhmity for an
administative hearing pursuant to Utah Code $ 19-l -301; (2) the right to conlest the finding(s) in the
ESODF and the penalty amount specified herein; and (3) the opportunity for judicial review.
10, Owner/Operatorcertifies that all deficieneies identifiedhereinhave been correcbdand that theFacility
is orrently in full compliance with the terms and provisions of the Permit. Additionally,
Owner/Operator has addressed the alleged violations identified in the BSQDF by either: (1) developing
and implementing a Storm Water Pollution Prevention Plan and submiffing a Notice of Inrcnt to be
covered by the applicable industial storm water permit; or (2) acting to meet eligibility requirements
for a waiver from industrial storn water permit requirernents as allowed by the permit and zubmitting
the relevant fonns (zuch as the No Exposure Certification form), to thc permit authority.
I I . The Parties mutually agree that this ESO is entered in good faith and is an appropriate means to resolve
the mattem specified herein.
12. This ESO will be final after thc thirly (30) day notic,e and comment period on the date the Director
signs the ESO, at which time the civil penalty takes effect.
13. Owner/Operator agrees that within thirty (30) calendar days of receiving the signed and final ESO and
invoice information from the Division of Water Quality ('Division"), Owner/Operator shall submit
payment in accordance with the insmrctions attached to the invoice in the aurount specified in
paagraph 7 above.
14. The violations described herein will constitute part of Owner/Operator's complianoe history where
zuch history is relevant, including any zubsequent violations. Owner/Operator rmderstands and agrees
that this E$O is not and cannot be raised as a defense to any other action to enforce any federal, state
or looal law.
15. This ESO, when final, is binding upon Owner/Operator and any corporate subsidiaries or parents, their
officers, directors, employees, sucaes$ots in interest, and assigns. The undersiped warrants that it is
authorized to legally bind their respective principals to this ESO.
ACCEPTED BY OWNER/OPERATOR:
Name nn;e
Title fee
sigrut*" VG -fu prt",,1/Lt/23
DMSION OF WATER QUALITY
John K- Irdackey, P.E.
Director
nwQa02242/74t
Expedited Settlement Offer Worksheet
Deficiencies Form
Gonsuft Instntctbns regprdlng dlgtbilIty crlterla
aN ProcedutcsPdorlo use
Version 2,0 (Rev. An22l
UTAH OEPAf,TITIEHT Of
E}IVIRONHENTAL OUALITY
WATEF
OUALITY
uTR290817
3nBna22
lndusbial Storm WaterRdaD,yne, lnc,
Chance Densley
82f[} Montgomery Road, Suits 101
Clncinnatl, OH 45236
4i!69 East Main Sheet HlghwaY 40
Balad, UT 84066
NAME AND MAILING ADDRESS OF OPERATOR
UPDES Program:
UPDES Pernrit Number:
Permit Evaluation Date:
LOCATION AND ADDRESS OF FACILITY
$180
$110
$50
$340.00
$180.00
1 Hour
YesUT MSGP PART 1.F.
$110.00 perHr.
permitted, failed to renew)lapse in coverage (was
Cost Recovery: Labr costs forthe preparation of
the ESO
of Public NoticeCost Recove ry: Publication
1
2
PERMIT COVERAGE FINDINGS Citation Reference DEF1CtENT AMoUNT TOTAL