DWQ-2024-005050

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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:
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Logan City Corporation
Sewer Collection System
USMP Permit No. UTG5801 69
ADMINISTRATIVE SETTLEMENT
AGREEMENT
Docket No. M23-06
This Administrative Settlement Agreement ("Agreement") is entered into voluntarily by and
between the Director of the Utah Division of Water Quality ('oDirector"), under the Director's
legal authorities described below and Logan City Corporation ("Logan City") in its capacity as
the owner or operator legally responsible for the operation of the sewer collection system located
in Logan City, Utah, 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 $$ 19-5-101 et. seq. (the "Act") and corresponding regulations in
the Utah Admin. Code R3I7-I-l et. seq. ("Water Quality Rules") and R305-7 -l0l et. seq.
1. The Director has authority to administer the Act pursuant to Utah Code g 19-1-105(1)(e),
and to enforce the Water Quality Rules in Utah Admin. Code R317 through the issuance
of orders, as specified in Utah Code $$ l9-5-106(2)(d) and 19-5-111. The Director also
has authority to settle any civil action initiated to compel compliance with the Act and
implementing regulations pursuant to Utah Code g 19-5-106(2Xk).
2. Logan city is a "person" as that term is defined in utah code g 19-1-103(4).
3. For the pulposes of this Agreement, the Parties agree to and stipulate to the findings and
violations identified in the September 5,2023 Notice of Violation and Compliance
Order ("NOV/CO"), Docket No. M23-06, and as described below.
4. On September 1 8, 2023, Logan City submitted a response to the Division of Water
Quality ("Division") to fulfill the requirements outlined in the Order section of the
NOV/CO. This response indicated that Logan City had taken steps to ensure that
redundant equipment is available and operational to prevent future violations of this
nature. In addition, Logan City disallowed bypass pumping during cold temperatures.
5. Logan City timely complied with the requirements in the NOV/CO to the Director's
satisfaction, such that no further remedial action to address the violations is necessary
6. The Parties voluntarily enter into this Agreement to resolve the NOV/CO without the
necessity of further administrative or judicial proceedings.
Logan City Corporation, DocketNo. M23-06 Page2 of 4
7. Logan City agrees to pay a civil penalty in the amount of $3,991.66, based on the
Division's application of the penalty policy outlined in Utah Admin. Code R317-l-8.
8. This Agreement and penalty are subject to a thirty (30) day notice and comment period.
The Parties each reserve the right to withdraw from this Agreement if comments received
during the notice period result in a modification to the terms and conditions.
9. This Agreement will be final after the thirty-day notice and comment period, on the date
the Director signs the Agreement.
10. Logan City agrees that within thirfy (30) calendar days of receiving the signed and final
Agreement from the Director, Logan City shall submit payment in the amount specified in
paragraphT 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 [e-mail]
11. Logan City 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 $10,000 per violation per day.
a. Prior to rescinding the Agreement, the Director shall provide written notice to
Logan City of its default and will provide fourteen (14) calendar days to cure the
default. If payment is not received within the fourteen (1a) calendar day default
period, the Director is authorized, without providing written notice to Logan City,
to begin a civil action for all appropriate relief provided under the Act, including
seeking the full penalty amount authorized under the Act.
I2.Logan City agrees to the terms, conditions, and requirements of this Agreement. By
signing this Agreement, Logan City understands, acknowledges, and agrees that it waives:
(1) the opportunity for an administrative hearing pursuant to Utah Code $ I9-I-30I; (2)
the right to contest the finding(s) in the NOViCO; and (3) the opportunity for judicial
review.
13. The Parties mutually agree that this Agreement is entered in good faith and is an
appropriate means to resolve the matters specified herein.
14. The violations described herein will constitute part of Logan City's compliance history
where such history is relevant, including any subsequent violations. Logan City
Logan City Corporation, DocketNo. M23-06 Page 3 of4
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.
15. This Agreement, when final, is binding upon Logan City and any co{porate 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
Agreement.
Logan City Corporation, DocketNo. M23-06
FOR THE UTAH DIVISION OF WATER QUALITY
By:
John K. Mackey, P.E.
Director, Utah Division of Water Quality
Date:(Effective Date)
FOR LOGAN CITY CORPORATION
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