DWQ-2024-007865

This Expedited Settlement Offer (“ESO”), is entered into by and between the Director of the Division of Water Quality (“Director”) and Clayton Hodgson (“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 R317-8-3.9.

Operatoris a “person” as that term is defined in Utah Code §19-1-103(4).
Operatoris conducting “construction activity” at 3765 W Clayton Drive, Lot #7 located in Peterson, Utah in Morgan County (the “Project”).
The Director issued the General Permit for Storm Water Discharges from Construction Activities UTRC00000 authorizing operators of construction activities to discharge in accordance with
specific terms, conditions, and best management practices as provided for in the Permit and UAC R317-8-11. Operator failed to submit a Notice of Intent to obtain coverage for the Project
under UTRC00000.
The attached Expedited Settlement Offer Deficiencies Form (“ESODF”), incorporated herein by reference,includes findings which specify the conditions in violation of the UAC observed
at the Project during an on-site inspection conducted on July 3, 2024. The ESODF is in lieu of an initial order, notice of violation, or notice of agency action to facilitate the purposes
described hereinafter.
The attached Expedited Settlement Offer Deficiencies Form (“ESODF”), incorporated herein by reference, includes findings which specify the conditions in violation of the Permit on March
28, 2022. The ESODF is in lieu of an initial order, notice of violation or notice of agency action to facilitate the purposes described hereinafter.
The Partiesvoluntarily 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 based on the deficiencies alleged; and to conclude this matterwithout the necessity of further administrative or judicial proceedings.
Operator agrees that a penalty in the amount of$875.00is appropriate based on the circumstances specified herein. This ESO issubject 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 deficiencies specified herein.
Operatoragrees to the terms, conditions and requirements of this ESO. By signing this ESO, Operator understands, acknowledges and agrees that itwaives: (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.
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 UAC. The Parties
mutually agree that this ESO is entered in good faith and is an appropriate means to resolve the matters specified herein. 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.Operator agrees that within thirty (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:CHECK – Payable to the Division of
Water Quality. The payment shall be sent to:Division of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870OTHER – For other available payment options, please contact the Division
of Water Quality Finance staff at [e-mail] violations described herein will constitute part of Operator’scompliance history where such history is relevant, including any
subsequent violations.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.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.
[SIGNATURE PAGE FOLLOWS]
FOR THE UTAH DIVISION OF WATER QUALITY
By:______________________________
John K. Mackey, P.E.
Director, Utah Division of Water Quality
Date:______________________________ (Effective Date)
FOR (Clayton Hodgson)
By:______________________________
Title:______________________________Date: _________________________________