DWQ-2024-007873

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NO\/ 0I 2024
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:STIPULATION AND CONSENT ORDER
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OF
Brigham City Corporation
Brigham City Wastewater Treatment Plant
Docket No. M24-01
This Stipulation and Consent Order ("Order") is entered into voluntarily by and between the
Director ("Director") of the Utah Division of Water Quality ("Division") and BrighamCity
Corporation ("Brigham City"), jointly referred to hereinafter as oothe Pafties."
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 $$ 19-5-l0l et. seq. (the'Act"), and corresponding regulations in the
Utah Admin. Code R3l7-l-1 et. seq. (the "WaterQuality Rules").
I. STATUTORY AND REGULATORY AUTHORITY
The Director has authority to administer the Act pursuant to Utah Code $ 19-1-105(l)(e), and
to enforce the Water Quality Rules in Utah Admin. Code R3l7 through the issuance of
orders, as specified in Utah Code $$ l9-5-106(2)(d) and -l I 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' F'ACT ANI)CONCLUSIONS OF'LAW
l. Brigham City is the operator of the Brigham City Wastewater Treatment Plant.
2. Brigham City is a "person" as defined in Utah Code $ l9-l-103(4) and is subject to all
applicable provisions of the Act and the Water Quality Rules.
3. For the purposes of this Order, the Parties stipulate to the findings and violations identified in
the July 11,2024 Notice of Violation and Compliance Order ("NOV/CO''), Docket No. M24-
01.
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 NOV/CO No. M24-01 without additional
administrative or judicial proceedings.
I . In accordance with Utah Admin. Code R3 l7-1-8. Penalty Criteria for Civil Settlement
Negotiations, Brigham City shall pay a penalty of $6,188.75.
2. Payment in the amount of $6,188.75 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 eqwq fi nance(@utah. gov.
3. Il for any reason, Brigham City 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 $10,000 per violation per day, in accordance with Utah Code $ l9-5-l15.
a. Prior to rescinding this Order, the Director shall provide written notice to Brigham
City 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
Brigham City, 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
l. The Parties recognize that this Order has been negotiated in good faith and nothing herein
constitutes an admission by any Party. Brigham City does not admit to, and retains the right
to controvert in any subsequent proceedings other than proceedings to implement or enforce
this Order, the validity of the facts and violations alleged in the NOV/CO. Brigham City
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 Brigham City's compliance history
where consideration of such history is relevant, including any subsequent violations.
Brigham City 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.
3. Brigham City agrees to the terms, conditions, and requirements of this Order. By signing this
Order, Brigham City understands, acknowledges, and agrees that it waives: (1) the
opportunity for an administrative hearing pursuant to Utah Code $ l9-l -301 ; (2) the right to
contest the findings in the NOVICO; and (3) 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 R3l7-8-l .9. The Parties each reserve the right to
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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 Brigham
City's showing of good cause. Good cause for an extension generally means events outside
of the reasonable control of Brigham City, such as force majeure, inclement weather,
contractor or supplier delays, and similar circumstances. However, the Director expects
Brigham City to employ reasonable means to limit and prevent foreseeable causes of delay.
The timeliness of Brigham City'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 Brigham City, for future violations of State or Federal law.
8. The Parties acknowledge that neither the Director nor the Board 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 of assets 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 NOTICB
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 $
19-5-l15, 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.
VL SIGNATORY
The undersigned, signing this Order on behalf of Brigham City Corporation represents and
warrants that it is duly authorized and has legal capacity to legally bind Brigham City
Corporation and agrees that the Director may rely on that representation.
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Pursuant to the Utah Water QualityAct, Utah Code $ 19-5-l0l 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
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IT IS SO AGREED AND ORDERED:
For the State of Utah, Department Of Environmental Quality, Division of Water Quality
John K. Mackey, P.E.
Director
Date:
For Brigham City Corporation
Lofthouse
Treatment Plant Manager
Date: /-aq.Z4
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