DWQ-2024-001128

UTAH DEPARTMENT OF EI\TVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:
Price River Water Improvement District
Wastewater Treatment Plant
PermitNo. UT0021814
ADMINISTRATIVE SETTLEMENT
AGREEMENT
Docket No. M23-05
This Administrative Settlement Agreement ("Agreement") is entered into voluntarily by and
between the Director of the Utah Division of Water Quality ("Director"), under the Director's
legal authorities described below and Price River Water Improvement District ('PRWID") in its
capacity as the owner or operator legally responsible for the operation of the wastewater
treatment plant located at 5382 East Washer Plant Road, Wellington, IJtah 84542, jointly
referred to hereafter as "the Parties." By entering into this Agreement, the Parties wish, without
further administrative or judicial proceedings, to stipulate to civil penalties and associated
administrative costs arising out of alleged violations of the Utah Water Quality Act, Utah Code $
19-5-101 through 19-5-126 (the "Act"), and corresponding regulations in the Utah Admin. Code
R3l7-1-l through R3l7-801-6 ("Water Quality Rules") and R305-7-101 through R305-7-611.
The Director has authority to administer the Act pursuant to Utah Code g I 9- 1 - 1 05( I )(e),
and to enforce the Water Quality Rules in Utah Admin. Code R3l7 through the issuance of
orders, as specified in Utah Code $$ 19-5-106(2Xd) and l9-5-l I l. The Director also has
authority to settle any civil action initiated to compel compliance with the Act and
implementing regulations pursuant to Utah Code g l9-5-106(2Xk).
2. PRWID is a "person" as that term is defined in Utah Code $ l9-l-103(4).
3. For the purposes of this Agreement, the Parties agree to and stipulate to the findings and
violations identified in the August28,2023 Notice of Violation and Compliance Order
("NOV/CO"), Docket No. M23-05, and as described below.
4. PRWID timely complied with the requirements in the NOV/CO to the Director's
satisfaction, such that no further remedial action to address the violation is necessary.
5. The Parties voluntarily enter into this Agreement to resolve the NOV/CO without the
necessity of further administrative or judicial proceedings.
6. PRWID agrees to pay a civil penalty in the amount of $10,353.00, based on the Division's
application of the penalty policy outlined in Utah Admin. Code R3l7-1-8.
7. This Agreement and penalty are subject to a day notice and comment
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Dept. of Environrnental Quality
Division of Drinking Water
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The Parties each reserve the right to
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Price River Water Improvement District; Docket M23-05 Page 2 of3
during the notice period result in a modification to the terms and conditions
8. This Agreement will be final after the thirty-day notice and comment period, on the date
the Director signs the Settlement.
9. PRWID agrees that within thirty (30) calendar days of receiving the signed and final
Agreement from the Director, PRWID shall submit payment in the amount specified in
paragraph 6 above, using one of the following methods:
a. CHECK - Payable to the Division of Water Quality. The payment shall be sent to:
Division of Water Quality
PO Box 144870
Salt Lake City, Utah 84114-4870
b. OTHER - For other available payment options, please contact the Division of
Water Quality Finance staff at eqwqfi nance@utah. gov
10. PRWID agrees that if it fails to make the required payment within thirty (30) calendar days
of receiving the signed and final Agreement from the Director, the Director reserves the
right to rescind the Agreement and seek the full penalty amount authorized under the Act,
currently authorized at S10,000 per violation per day.
a. Prior to rescinding the Agreement, the Director shall provide written notice to
PRWID of its default and will provide fourteen (14) calendar days to cure the
default. If payment is not received within the fourteen (14) calendar day default
period, the Director is authorized, without providing written notice to PRWID, to
begin a civil action for all appropriate relief provided under the Act, including
seeking the full penalty amount authorized under the Act.
1 l. PRWID agrees to the terms, conditions, and requirements of this Agreement. By signing
this Agreement, PRWID understands, acknowledges, and agrees that it waives: (l) the
opportunity for an administrative hearing pursuant to Utah Code $ 19-l-301; (2) the right
to contest the finding(s) in the NOV/CO; and (3) the opportunity for judicial review.
12. The Parties mutually agree that this Agreement is entered in good faith and is an
appropriate means to resolve the matters specified herein.
l-a. The violaticns described herein will constitute part of PRWID compliance history where
such history is relevant, including any subsequent violations. PRWID understands and
agrees that this Agreement is not and cannot be raised as a defense to any other action to
enforce any federal, state, or local law.
14. This Agreement, when final, is binding upon PRWID and any corporate subsidiaries or
parents, their officers, directors, employees, successors in interest, and assigns. The
warrants that it is authorized to legally bind their respective principals to this, ,undepigned
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Dept. *f Ci rviiunnrcnhl QualttY
Division of Drinkir€ Water
By:
Price River Water Improvement District; Docket M23-05
FOR THE UTAH DIVISION OF WATER QUALITY
John K. Mackey, P.E.
Director, Utah Division of Water Quality
Date:(Effective Date)
FOR PRICE RIVER WATER IMPROVEMENT DISTRICT
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Page 3 of3
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Dept. of Environmental QualitY
Dlvision of Ddnking Whter
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Title:
Date:
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