DWQ-2024-007614

iJ IAhl OE PAFIIi{ENI {:f
Ef{VIRON'.'TN {AL OUALTIY
WATER
OUALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
1
2
EXPEDITED SETTLEMENT OFFER
This Expedited Settlement Offer ("ESO"), is entered into by and between the Director of the
Division of Water Quality ("Director") and Sturdy Structures, LLC ("Owner/Operator"), jointly
referred to herein as the "Parties," pursuant 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
R3 t 7-8-3.9
Owner/Operator is a "person" as that term is defined in Utah Code $ 19-1-103(4).
Owner/Operator is conducting "construction activity" at Waters Edge Condominiums
located in Garden City, Utah (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 tems, conditions and best management practices as provided
for in the Permit and UAC R317-8-11. Owner/Operator obtained coverage for the Project
under UTRC00000 and was assigned UPDES Permit No. UTRC08335, making the
Owner/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. See UAC 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 5,2024.
The ESODF is in lieu of an initial order, notice of violation or notice of agency action to
faci litate the purpos es des cribed hereinafter.
The Parties voluntarily enter into this ESO in order to: identify 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.
Owner/Operator agrees that a penalty in the amount of $850.00 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.
DWQ-2024-006547
EQ-Docs/DWQ/Compliance and Enforcement/Sturdy Structures, LLC
aJ
4
5
6
7
UTAH OEPARTH€NI OT
€NVIRONI"I€N?AL Ot,IALI' Y
WATER
{IUALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
8
9
EXPEDITED SETTLEMENT OFFER
By accepting this ESO, Owner/Operator neither admits nor denies the findings, violations
or deficiencies specified herein.
Owner/Operator agtees 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 $ 19-1-301; (2) the right
to contest the finding(s) in the ESODF and the penalty amount specified herein; and (3) the
opportunity for judicial review.
10. Owner/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, Owner/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. Owner/Operator agrees that within thirty (30) calendar days of receiving the signed and
final Settlement from the Director, Owner/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 city, 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 Owner's/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.
DWQ-2024-006647
EQ_Docs/DWQ/Compliance and Enforcement/Sturdy Structures, LLC
UIAH SEPARIHENT sf
E IIVIRON J.I€NTAL OUALII Y
WATER
AUALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER
By:
15. This ESO, when final, is binding upon Owner/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.
FOR THE UTAH DIVISION OF WATER QUALITY
John K. Mackey, P.E.
Director, Utah Division of Water Quality
Date (Effective Date)
FOR (Sturdy Structures, LLC)
By:
Digitally sigo€d by Bob Hendickson. DNrC;US,E=[e-mail],
BobHendricksonS;':1"1'1:J:"J'il",ii,i;"i:#f, :',"."}ff :plac6menlof my signalure on this document
Dste: 2024.10.28 15:17:08-06'00'
Title: Project Manager
Date
DWQ-2024-006647
EQ_Docs/DWQ/Compliance and Enforcement/Sturdy Structures, LLC