DWQ-2024-006481

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:
PacifiCorp
Gadsby Plant
PermitNo. UT0000116
STIPULATION AND CONSENT ORDER
DocketNo. 123-16
This Stipulation and Consent Order ('oOrder") is entered into voluntarily by and between the
Director ("Director") of the Utah Division of Water Quality ("Division") and PacifiCorp in its
capacity as the operator who is legally responsible for the operation of the Gadsby Plant
("Facility") located at 1359 West North Temple, Salt Lake City, Utah, jointly referred to
hereinafter as o'the Parties."
By entering into this Order, the Parties wish, without further administrative or judicial
proceedings, to stipulate to civil penalties arising out of alleged violations of the Utah Water
Quality Act, Utah Code $$ l9-5-l0l et. seq. (the "Act"), and corresponding regulations in the
Utah Admin. Code R3l7-1-1 et. seq. (the "Water Quality Rules").
I. STATUTORY AND REGULATORY AUTHORITY
1. The Director has authority to administer the Act pursuant to Utah Code $ l9-l-105(l)(e), and
to enforce the Water Quality Rules in Utah Admin. Code R3l7 through the issuance of
orders, as specified in Utah Code $$ l9-5-106(2)(d) and -11 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 $ l9-5-106(2Xk).
IL F'INDINGS OF FACT AND CONCLUSIONS OF LAW
l. PacifiCorp 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.
2. PacifiCorp is a foreign, for-profit corporation registered and doing business in the State of
Utah. Its headquarters are located at825 NE Multnomah St., Suite 2000, Portland, Oregon
97232.Its registered agent is CT Corporation System located at 1108 E South Union Ave,
Midvale, Utah84047.
3. For the purposes of this Order, the Parties stipulate to the findings described and violations
identified below.
4. PacifiCorp operates a power plant known as the Gadsby Plant ("Facility") located at 1359
West North Temple in Salt Lake City, Utah.
1
5. The Director issued UPDES Permit No. UT0000116 ("Permit") to PacifrCorp with an
effective date of June 1,2013. The Permit expired on May 31,2018 and has been
administratively extended.
6. Part I.B. of the Permit identifies designated discharge locations ("Outfalls") for which
wastewater from the Facility is authorized to be discharged to waters of the State.
7. The Permit authorizes discharges of wastewater from the Facility to Outfalls 004 and 007 in
accordance with specific effluent limitations. Outfall 004 is a continuous discharge of
wastewater from the Facility's treatment ponds to a canal colloquially known as the Salt
Lake Abatement Canal. The Salt Lake Abatement Canal flows north from the Facility and
ultimately discharges to Farmington Bay.
8. Utah Admin. Code R3l7-2-13 classifies all drainage canals and ditches statewide, except as
otherwise designated, as 28 and 3E Waters of the State, which, under Utah Admin. Code
R3 I 7 -2-6, establishes the following protections :
Class 28 - Protected for infrequent primary contact recreation. Also protected for
secondary contact recreation where there is a low likelihood of ingestion of water
or a low degree of bodily contact with water.
Class 3E - Severely habitat-limited waters. Narrative standards will be applied to
protect these waters for aquatic wildlife.
9. Utah Admin. Code R3l7-2-14. Numeric Criteria - Lists numeric criteria for 28 waters of the
State as having, but not limited to, a pH (standard units) range of 6.5 to 9.0.
10. Part I.D.1. of the Permit establishes effluent concentration limitations of pH from the
Facility's discharge at Outfall 004. Specifically, the daily minimum and daily maximum
values for pH at Outfall 004 are 6.5 and 9.0, respectively.
1 I . On July 9, 2023 an estimated 122,000 gallons of low-pH (2.16) process water was released
from the Facility and discharged through Outfall 004, for approximately t hours. The cause
of the release was determined to be a broken fitting on a tank containing sulfuric acid.
12. PacifiCorp's certified Discharge Monitoring Report ("DMR") indicates the Facility's
discharge at Outt'all 004 exceeded the effluent concentration limitation for pH during the July
2023 monltoring period. Monitoring results for pH, as reported on the certified and submitted
DMR, for the Facility are shown in the table below with violations identifiedin bolded
italics:
Report
Certification
Date
Monitoring
Period (Month
Endine)
Polluttnt
Parameter
Permit
Ltmlt Reported
Value
0812512023 07/3112023 PH 6.s-9.0 2.16
ll.
2
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 the violations identified without additional
administrative or judicial proceedings.
l. In accordance with Utah Admin. Code R317-1-8. Penalty Criteria for Civil Settlement
Negotiations, PacifiCorp shall pay a penalty of $9,103.50.
2. Payment in the amount of $9,103.50 is to be made within thirty (30) calendar days of the
Effective Date of this Order, 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
b. OTHER * For other available payment options, please contact the Division's finance
staff at eqwqfi nance@utah. gov.
3. If, for any reason, PacifiCorp 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
penalty amount of $ I 0,000 per violation per day, in accordance with Utah Code $ I 9-5- I I 5.
a. Prior to rescinding this Order, the Director shall provide written notice to PacifiCorp
of its default and will provide fourteen (14) calendar days to cure the default by
remitting payment. If payment is not received within the fourteen (14) calendar day
cure period, the Director is authorized, without providing further written notice to
PacifiCorp, 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. PacifiCorp does not admit to, and retains the right to
controvert in any subsequent proceedings other than proceedings to implement or enforce
this Order. PacifiCorp further agrees it will not contest the basis or validity of this Order or
its terms.
2. The violations described herein will constitute part of PacifiCorp's compliance history where
consideration of such history is relevant, including any subsequent violations. PacifiCorp
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.
J
3. PacifiCorp agrees to the terms, conditions, and requirements of this Order. By signing this
Order, PacifiCorp understands, acknowledges, and agrees that it waives: (l) the opportunity
for an administrative hearing pursuant to Utah Code $ 19-l-301 ; and (2) the opportunity for
judicial review.
4. This Order is subject to a public notice and comment period of at least thirty (30) days, in
accordance with Utah Admin. Code R3 I 7-8- 1 .9. The Parties each reserve the right to
withdraw from this Order if comments received during the notice and comment period render
this Order inappropriate, improper, or inadequate.
5: 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.
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 PacifiCorp's
showing of good cause. Good cause for an extension generally means events outside of the
reasonable control of PacifiCorp, such as force majeure, inclement weather, contractor or
supplier delays, and similar circumstances. However, the Director expects PacifiCorp to
employ reasonable means to limit and prevent foreseeable causes of delay. The timeliness of
PacifiCorp'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 PacifiCorp, for future violations of State or Federal law.
8. The Parties acknowledge that neither the Director nor the tsoard has jurisdiction regarding
natural resource damage claims, 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 ofassets 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 with
the provisions of this Order is mandatory. All violations of the Act, the Water Quality Rules, and
this Order will be strictly enforced during the time that this Order remains in effect. Utah Code $
l9-5-115, 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 penalty
per day of violation.
4
VI. SIGNATORY
The undersigned, signing this Order on behalf of PacifiCorp represents and warrants that it is
duly authorized and has legal capacity to legally bind PacifiCorp and agrees that the Director
may rely on that representation.
Pursuant to the Utah Water Quality Act, Utah Code g 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:
ISTGNATURE PAGE FOLLOWSI
lr"
':.rp,.,r".irrj',,"*i-1 -r 'j;,..1 - .\r.4\$r' I ft1+'*niit
. i.r
' n.
'1 ri
5
IT IS SO AGREED AND ORDERED:
Forthe State of Utah, Department Of Environmental Quality, Division of Water Quality
Jphn K. Mackey, P.E.
Director
Date:
For PacifiCorp
[Name i 6t a*,c"*-('ITitle]
Dao.: ?lnlttl
6