DWQ-2024-001311

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WATER
AUATITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER
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This Expedited Settlement Offer ("ESO"), is entered into by and between the Director of the
Division of Water Quality ("Director") and Bird Homes LLC ("Operator"), jointly referred to
herein as the "Parties," pwsuant to the Director's authority under the Utah Water Quality Act,
Utah Code $$ 19-5-111, 19-5-115, Utah Administrative Code (UAC) R317-1-8 and R317-8-3.9
Operator is a "person" as that term is defined in Utah Code $ 19-1-103(4).
Operator is conducting "construction activity" at Heber Sawmill Townhomes (the
"Project").
The Director issued the General Permit for Storm Water Discharges from Construction
Activities UTRC00000 authorizing owners/operators of construction activities to discharge
in accordance with specific terms, conditions and best management practices as provided
for in the Permit and UAC R3 1 7-B- 1 1 . Operator obtained coverage for the Proj ect under
UTRC00000 and was assigned UPDES permit No. UTRC06130, making the Operator
responsible for compliance with UTRC00000. (UTRC00000 and the Owner's/Operator's
specific coverage are referred to collectively herein after as "the Permit").
An ESO may be used in enforcement cases in lieu of the penalty process in when violations
are readily identifiable, readily correctable, and do not cause significant harm to human
health or the environment. SeeUAC R317-1-8.3 and -8.6.
The attached Expedited Settlement Offer Deficiencies Form ("ESODF"), incorporated
herein by reference, includes findings which specify the conditions in violation of the
Permit observed at the Project during an on-site inspection conducted on August 09,2022.
The ESODF is in lieu of an initial order, notice of violation or notice of agency action to
facilitate the purpo ses describ ed hereinafter.
6.The Parties voluntarily enter into this ESO in order to: identifii the actions necessary to
correct the deficiencies observed at the Project; determine the amount of the civil penalty
appropriate for the violation(s) based on the deficiencies alleged; and to conclude this
matter without the necessity of further administrative or judicial proceedings.
Operator agrees that a penalty in the amount of $3,700.00 is appropriate based on the
circumstances specified herein. This ESO is subject to a thirty (30) day notice and
comment period as provided for in UAC R317-8-1.9. The Parties each reserve the right to
withdraw from this ESO if comments received during the notice period result in a
modification to the terms and conditions.
By accepting this ESO, Operator neither admits nor denies the findings, violations or
defi ciencies specified herein.
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WATER
CI,'ALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
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EXPEDITED SETTLEMENT OFFER
Operator agrees to the terms, conditions and requirements of this ESO. By signing this
ESO, Operator understands, acknowledges and agrees that it waives: (1) the opportunity for
an administrative hearing pursuant to Utah Code $ 1911-301; (2) the right to contest the
finding(s) in the ESODF and the penalty amount specified herein; and (3) the opporfunity
for judicial review.
10. Operator certifies that all deficiencies identified herein have been corrected and that the
Project is currently in full compliance with the terms and provisions of the Permit.
Additionally, Operator has attached to this ESO: (1) a written description detailing how the
deficiencies were corrected; and (2) representative photographs documenting the current
conditions and the associated Best Management Practices implemented at the Project.
1 1. The Parties mutually agree that this ESO is entered in good faith and is an appropriate
means to resolve the matters specified herein.
12. This ESO will be final after the thirty (30) day notice and comment period on the date the
Director signs the ESO, at which time the civil penalty takes effect.
13. Operator agrees that within thfuty (30) calendar days of receiving the signed and final
Settlement from the Director, Operator shall submit payment in the amount specified in
paragraph 7 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 Ciry, Utah 84114-4870
b. OTHER - For other available payment options, please contact the Division
of Water Quality Finance staff at [e-mail]
14. The violations described herein will constitute part of Operator's compliance history where
such history is relevant, including any subsequent violations. Owner/Operator understands
and agrees that this ESO is not and cannot be raised as a defense to any other action to
enforce any federal, state or local law.
15. This ESO, when final, is binding upon Operator and any corporate subsidiaries or parents,
their officers, directors, employees, successors in interest, and assigns. The undersigned
warrants that it is authorized to legally bind their respective principals to this ESO.
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WATgR
CUALITY
FOR THE UTAH DIVISION OF WATER QUALITY
By:
John K. Mackey, P.E.
Director, Utah Division of Water Quality
Date (Effective Date)
FOR Bird Homes LLC
By:
Title:
Date:
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STATE OF Ij-TAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER
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DWQ-2024-000544
\Compliance and Enforcement\Bird Homes LLc\2024-01 ESo Reissue UTRc06131 Heber Sawmill Townhomes\DWQ-2024-000544