DWQ-2024-004528

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:STIPULATION AND CONSENT ORDER
Payson City
Wastewater Treatment Facility
UPDES Permit No.UT0020427
Docket No.M23-07
This Stipulation and Consent Order (“Order”)is entered into voluntarily by and between the
Director (“Director”)of the Utah Division of Water Quality (“Division”)and Payson City
(“Payson”]),in its capacity as the operator who is legally responsible for the operation of the
Payson City Wastewater Treatment Facility (“Facility”),jointly referred to hereinafter as “the
Parties.”
By entering into this Order,the Parties wish,without further administrative or judicial
proceedings,to establish compliance requirements and stipulate to civil penalties arising out of
alleged violations of the Utah Water Quality Act,Utah Code §§19-5-101 et.seq.(the “Act”),
and corresponding regulations in the Utah Admin.Code R317-1-1 et.seq.(the “Water Quality
Rules”).
I.STATUTORY AND REGULATORY AUTHORITY
The Director has authority to administer the Act pursuant to Utah Code §19-l-105(l)(e),and
to enforce the Water Quality Rules in Utah Admin.Code R317 through the issuance of
orders,as specified in Utah Code §§19-5-106(2)(d)and -111.The Director also has authority
to settle any civil action initiated to compel compliance with the Act and implementing
regulations pursuant to Utah Code §19-5-106(2)(k).
1.
II.FINDINGS OF FACT AND CONCLUSIONS OF LAW
Payson is a “person”as defined in Utah Code §19-1-103(4)and is subject to all applicable
provisions of the Act and the Water Quality Rules.
1.
2.For the purposes of this Order,the Parties stipulate to the findings and violations identified in
the November 27,2023,Notice of Violation and Compliance Order (“NOV/CO”),Docket
No.M23-07,and to the findings described below.
3.Pursuant to the NOV/CO,paragraph E.3.,on December I,2023,Payson submitted a
written response (dated November 27,2023)describing its evaluation of what caused the
cited violations,as well as describing in detail the actions taken and to be implemented to
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attain full compliance with the Facility’s Utah Pollutant Discharge Elimination System
(“UPDES”)Permit.
4.UPDES Permit Part I.C.2.a.contains effluent concentration limitations for pollutant
discharges from Outfall 001 at the Facility.Since the issuance of the NOV/CO,the Facility’sdischargehasviolatedthefollowinglimitations(identified in bold italics):
Monitoring
Period End
Date
Effluent
LimitationReport
Certification
Date
Pollutant
Parameter
Reported
Value
%
Exceedance
PERMIT EFFECTIVE AUGUST 18,2021 (EXP.JANUARY 31,2024)
Cyanide
Monthly Max
Ave
0.0067
mg/L
0.007708/31/2023 15%09/22/2023 mg/L
Cyanide
Monthly Max
Ave
0.0067 0.011910/31/2023 78%11/18/2023 mg/L mg/L
Cyanide
Monthly Max
Ave
0.0067 0.08811/30/2023 1,213%12/112023 mg/L mg/L
5.UPDES Permit Part I.C.2.a.contains effluent concentration limitations for pollutant
discharges from Outfall 001 at the Facility.Since the issuance of the NOV/CO,the Facility’sdischargehasviolatedthefollowinglimitations(identified in bold italics):
6.The Parties voluntarily enter into this Stipulated Compliance Order to resolve the NOV/CO
and the additional violations without the necessity of further administrative or judicialproceedings.
III.STIPULATION AND CONSENT ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law,the Parties have negotiated
this Order in good faith and now wish to fully resolve NOV/CO No.M23-07 without additional
administrative or judicial proceedings.
1.In accordance with Utah Admin.Code R317-1-8.Penalty Criteria for Civil Settlement
Negotiations,Payson City shall pay a penalty of $24,357.00.
2.Payment in the amount of $24,357.00 is to be made within thirty (30)calendar days of theEffectiveDateofthisOrder,using one of the 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
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b.OTHER -For other available payment options,please contact the Division’s finance
staff at [e-mail].
If,for any reason,Payson fails to pay the penalty within thirty (30)calendar days and thereby
defaults,then the Director reserves the right to rescind this Order and seek the full penaltyamountof$10,000 per violation per day,in accordance with Utah Code §19-5-115.
3.
a.Prior to rescinding this Order,the Director shall provide written notice to Payson of its
default and will provide fourteen (14)calendar days to cure the default by remittingpayment.If payment is not received within the fourteen (14)calendar day cure period,
the Director is authorized,without providing further written notice to Payson,to begin a
civil action for all appropriate relief provided under the Act,including seeking the full
penalty amount authorized under the Act.
IV.GENERAL PROVISIONS
1.The Parties recognize that this Order has been negotiated in good faith and nothing herein
constitutes an admission by any Party.Payson does not admit to,and retains the right to
controvert in any subsequent proceedings other than proceedings to implement or enforce
this Order,the validity of the facts and violations alleged in the NOV/CO.Payson further
agrees it will not contest the basis or validity of this Order or its terms.
The violations described herein will constitute part of Payson’s compliance history where
consideration of such history is relevant,including any subsequent violations.Payson
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 law.
2.
3.Payson agrees to the terms,conditions,and requirements of this Order.By signing this Order,
Payson understands,acknowledges,and agrees that it waives:(1)the opportunity for an
administrative hearing pursuant to Utah Code §19-1-301;(2)the right to contest the findings in the
NOV/CO;and (3)the opportunity for judicial review.
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 towithdrawfromthisOrderifcommentsreceivedduringthenoticeandcommentperiod render
this Order inappropriate,improper,or inadequate.
4.
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 notice of the proposed
Order and has solicited and reviewed any public comments received.
5.
6.The dates set forth in the Stipulation and Consent Order section of this Order may be
extended in writing by the Director,in the Director’s sole discretion,based on Payson’s
showing of good cause.Good cause for an extension generally means events outside of the
reasonable control of Payson,such as force majeure,inclement weather,contractor or
supplier delays,and similar circumstances.However,the Director expects Payson to employ
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reasonable means to limit and prevent foreseeable causes of delay.The timeliness of
Payson’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 additional
penalties against Payson for future violations of State or Federal law.
The Parties acknowledge that neither the Director nor the Board has jurisdiction regardingnaturalresourcedamageclaims,causes of action,or demands.Therefore,such matters are
outside the scope of this Order.
9.This Order is binding upon each of the Parties and their respective heirs,successors,and
assigns.Any change in ownership or corporate or legal status,including but not limited to,
any transfer 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 Parties.
V.COMPLIANCE AND PENALTY NOTICE
As of the Effective Date,this Order shall constitute a final administrative order.Compliance withtheprovisionsofthisOrderismandatory.All violations of the Act,the Water Quality Rules,andthisOrderwillbestrictlyenforcedduringthetimethatthisOrderremainsineffect.Utah Code §
19-5-115,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 court judge imposing a civil penaltyperdayofviolation.
VI.SIGNATORY
The undersigned,signing this Order on behalf of Payson City represents and warrants that it is
duly authorized and has legal capacity to legally bind Payson City and agrees that the Director
may rely on that representation.
Pursuant to the Utah Water Quality Act,Utah Code §19-5-101 et seq.,and Utah Admin.Code
R317,the Parties hereto mutually agree and consent to this Stipulation and Consent Order,as
evidenced below;
[SIGNATURE PAGE FOLLOWS]
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IT IS SO AGREED AND ORDERED:
For the State of Utah,Department Of Environmental Quality,Division of Water Quality
John K.Mackey,P.E.
Director
Date:
For Payson City
)
William R.Wright,Mayor
Date:June 5,2024
ATTEST:
E.Holindrak^,City Recorderm
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