DWQ-2024-008226

UTAH D PARTMENT of
NVIRONMENTAL QUALITY
WATER
QUALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER
This Expedited Settlement Offer ("ESO"), is entered into by and between the Director of the
Division of Water Quality ("Director") and Kier Construction Corporation ("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.
1. Operator is a "person" as that term is defined in Utah Code § 19-1-103( 4).
2. Operator is conducting "construction activity" at Skyline Arch at Arroyo Crossing
Apartments located at 2158Bonnies Way in Moab, Utah 84532 (the "Project").
3. 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 obtained coverage for the Project under
UTRC00000 and was assigned UPDES Permit No. UTRC08934, making the Operator
responsible for compliance with UTRC00000. (UTRC00000 and the Operator's specific
coverage are referred to collectively herein after as "the Permit").
4. 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.
5. 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 23, 2024.
The ESODF is in lieu of an initial order, notice of violation or notice of agency action to
facilitate the purposes described hereinafter.
6. 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 violations based on the deficiencies alleged; and to conclude this matter
without the necessity of further administrative or judicial proceedings.
7. Operator agrees that a penalty in the amount of $1,780.00 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.
8. By accepting this ESO, Operator neither admits nor denies the findings, violations or
deficiencies specified herein.
DWQ-2024-007208
EQ_Docs/DWQ/Compliance and Enforcement/Kier Construction Corporation
UTAH 0 PARTMENT of
NVIRONMENTAL QUALITY
WATER
QUALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER
9. Operator agrees to the terms, conditions and requirements of this ESO. By signing this
ESO, Operator understands, acknowledges and agrees that it waives: (I) 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. 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, Operator has attached to this ESQ: (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.
11. The Parties mutually agree that this ESQ is entered in good faith and is an appropriate
means to resolve the matters specified herein.
12. This ESQ 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. 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:
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 Operator's compliance history where
such history is relevant, including any subsequent violations. Operator understands and
agrees that this ESQ is not and cannot be raised a~ a defense to any other action to enforce
any federal, state or local law.
15. 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.
DWQ-2024-007208
EQ_Docs/DWQ/Compliance and Enforcement/Kier Construction Corporation
UTAH O PARTMENT of
ENVIRONMENTAL QUALITY
WATER
QUALITY
EXPEDITED SETTLEMENT OFFER INSTRUCTION SHEET
The Expedited Settlement Offer ("Offer") is the preferred option to resolve non-compliance. If you
choose to sign and return the Offer, you waive your opportunity for a hearing and to appeal pursuant to
the Utah Water Quality Act, Title 9, Chapter 5, Section 112. If you choose not to sign and return the
Offer within THIRTY (30) DAYS, the Offer will be automatically withdrawn, without prejudice to the
ability of the Utah Division of Water Quality (Division) to file an enforcement action for the violations
alleged herein or any other violations. The Division may choose to pursue more formal enforcement
measures to correct the violation(s) and seek penalties of up to a maximum penalty of $10,000 per day
per violation.
To accept and proceed you must:
(1) Correct all deficiencies identified by the Division in the Deficiencies Form (enclosed). Email
photographic proof and a description of the remedy to demonstrate correction of the deficiencies.
(2) You will receive two copies of the Offer, one hard copy via certified mail and a second electronic
copy via email. Sign a copy of the Offer sent within thirty (30) days of receipt. DO NOT SUBMIT
PAYMENT AT THIS TIME .
. (3) Wait for the 30-day public notice to be completed and for the Director of the Division to sign the
Offer.
(4) After the Division has sent you a copy of the Offer signed by the Director with an invoice you will
have thirty (30) days to submit payment for the penalty to the Division of Water Quality. Payment
cannot be accepted before this time and will be returned if sent prior to the invoice being generated.
Please retain copies of the signed Offer, the report detailing your corrective actions and the penalty
checks for your own records.
You may contact Justine Marshall at [phone] or [e-mail] to request an extension.
DWQ will consider whether to grant an extension on a case-by-case basis. If you believe that the alleged
violations are without merit (and you can provide evidence contesting the allegations) you must
provide such information to DWQ as soon as possible but no later than THIRTY (30) DAYS from your
receipt of the Offer.
Last Revised: 8/16/2022
UTAH O PARTMENT of NVIRONMENTAL QUALITY
WATER QUALITY
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER
FOR THE UTAH DIVISION OF WATER QUALITY
By:
John K. Mackey, P.E. Director, Utah Division of Water Quality
Date: _____________ (Effective Date)
Title: �
Date:
DWQ-2024-007208 EQ_Docs/DWQ/Compliance and Enforcement/Kier Construction Corporation