DWQ-2024-003288

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
IN THE MATTER OF:
Spanish Fork City Corporation Wastewater Treatment Plant UPDES Permit No. UT0020109 ADMINISTRATIVE SETTLEMENT
AGREEMENT Docket No. M23-04 This Administrative Settlement Agreement ("Settlement") is entered into voluntarily by and between the Director of the Utah Division of Water Quality ("Director"), under the Director's legal authorities described below and Spanish Fork City Corporation ("Spanish Fork") in its capacity as the owner or operator legally responsible for the operation of the Spanish Fork Wastewater Treatment Plant located at 2160 North 150 East, Spanish Fork, Utah 84660 ("Facility"), jointly referred to hereafter as "the Parties." By entering into this Agreement, the Parties wish, without further administrative or judicial proceedings, to stipulate to civil penalties and associated administrative costs arising out of alleged violations of the Utah Water Quality Act, Utah Code§ 19-5-10 l et seq. (the "Act"), and corresponding regulations in the Utah Adm in. Code R3 l 7-l-l etseq. ("Water Quality Rules") and R305-7-10 I et seq.l.The Director has authority to administer the Act pursuant to Utah Code§ 19-l-105(1)(e),and to enforce the Water Quality Rules through the issuance of orders, as specified in UtahCode §§ 19-5-106(2)( d) and 19-5-111. The Director also has authority to settle any civilaction initiated to compel compliance with the Act and implementing regulations pursuantto Utah Code § 19-5-106(2)(k).2.Spanish Fork is a "person" as that term is define.d in Utah Code § 19-1-103( 4).3.For the purposes of this Settlement, the Parties agree to and stipulate to the findings andviolations identified in the November 8, 2023 Notice of Violation and Compliance Order("NOV/CO"), Docket No. M23-04, and as described below.4.Pursuant to the NOV/CO, paragraph E.3., on December 4, 2023, Spanish Fork submitteda written response describing their evaluation of what caused the cited violations, as wellas describing in detail the actions taken and to be implemented to attain full compliancewith their Utah Pollutant Discharge Elimination System ("UPDES") Permit.5.On January 27, 2022, Spanish Fork communicated to the Division that they anticipate theFacility will meet the effluent limits for dissolved oxygen but that ammoniaconcentrations will continue to be a challenge until the new Water Reclamation Facility("WRF") is constructed.6.On February 5, 2024, Spanish Fork submitted a request to the Division to adjust the
Spanish Fork City Corporation Docket No. M23-04 Page 2 of4 compliance schedule in the UPDES Permit to match the construction timeline for the new WRF, due to be completed in Summer of 2025. 7.UPDES Permit Part I.C.2.a. contains effluent concentration limitations for polluta ntdischarges from Outfall 001 at the Facility. Since the issuance of the NOV/CO, the Facilityhas experienced the following limitation exceedances (identified in bold italics):
Report Monitoring Pollutant Effluent Reported %
Certification Period End Parameter Limitation Value Exceedanc
Date Date e PERMIT EFFECTIVE FEBRUARY 01, 2022 (EXP. JANUARY 31, 2027) 11/22/2023 10/31/2023 Dissolved Oxygen 5.0 mg/L 4.4 mg/L 12% (Daily Minimum) 11/22/2023 10/31/2023 Ammonia, as N 18.0 mg/L 19.6mg/L 9% (Daily Maximum) 12/20/2023 11/30/2023 Dissolved Oxygen 5.0 mg/L 4.0mg/L 20% (Dailv Minimum) 12/20/2023 11/30/2023 Ammonia, as N 18.0 mg/L 23.8 mg/L 32% (Dailv Maximum) 01/17/2024 12/31/2023 Dissolved Oxygen 5.0 mg/L 4.8 mg/L 4% (Dailv Minimum) 01/17/2024 12/31/2023 Am monia, as N 18.0 mg/L 28.8 mg/L 60% (Daily Maxi mum) 01/17/2024 12/31/2023 Am monia, as N 6.0 mg/L 24.3 mg/L 306% (Max Monthly Ave) 8.The Parties voluntarily enter into this Settlement to resolve the NOV/CO and the additionalexceedances listed in paragraph 7 without the necessity of further administrative or judicialproceedings.9.Spanish Fork agrees to pay a civil penalty in the amount of $35,860.00, based on theDivision's application of the penalty policy outlined in Utah Admin. Code R317-1-8.10.This Settlement and penalty is subject to a thirty (30) day notice and comment period. TheParties each reserve the right to withdraw from this Settlement if comments received duringthe notice period result in a modification to the te1ms and conditions.11.The "Effective Date" shall be the date this Settlement is executed by the Director. TheDirector will not sign this Settlement until after the Division has provided public notice ofthe proposed Settlement and has solicited and reviewed any public comments received.12.This Settlement includes a civil penalty in excess of $25,000 and therefore must bepresented to, reviewed by, and approved or disapproved by the Water Quality Board("Board") in accordance with Utah Code § 19-5-104(3)(h). Final execution of thisSettlement by the Director shall not occur until it is approved by the Board. The Settlementwill be presented to the Board for final action after the Division has provided public noticeof the proposed Settlement and has solicited and reviewed any public comments received.
Spanish Fork City Corporation Docket No. M23-04 Page 3 of 4
All public comments, and the Director's responses, shall be provided to the Board in
connection with the Director's request for final action.
13.Spanish Fork agrees that within thirty (30) calendar days of receiving the signed and final
Settlement from the Director, Spanish Fork shall submit payment in the amount specified
in paragraph 12 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 eqwq [e-mail]
14.If, for any reason, Spanish Fork fails to pay the penalty within thirty (30) calendar days and
thereby defaults, the Director reserves the right to request the Board rescind its approval of
this Order under Utah Code § 19-5-104(4)(a).
a.Prior to requesting that the Board rescind its approval of this Order, the Director
shall provide written notice to Spanish Fork 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 and, following Board
action, the Director is authorized, without providing further written notice to
Spanish Fork, to begin a civil action for all appropriate relief provided under the
Act, including seeking the full penalty amount of $10,000 per violation per day, as
authorized under the Act.
15.Spanish Fork agrees to the terms, conditions, and requirements of this Settlement. By
signing this Settlement, Spanish Fork 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 ftnding(s) in the NOV/CO; and (3) the opportunity for judicial review.
16.The Parties mutually agree that this Settlement is entered in good faith and is an appropriate
means to resolve the matters specified herein.
17.The violations described herein will constitute part of Spanish Fork compliance history
where such history is relevant, including any subsequent violations. Spanish Fork
understands and agrees that this Settlement is not and cannot be raised as a defense to any
other action to enforce any federal, state or local law.
18.This Settlement, when final, is binding upon Spanish Fork 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
Settlement.
FOR THE UTAH DIVISION OF WATER QUALITY
K.
FOR SPANISH FORK CITY CORPORATION