HomeMy WebLinkAboutDERR-2024-004314LUST Correspondence Sign-Off Sheet
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Department of
Environmental Quality
State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Kimberly D. Shelley
Executive Director
DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION
Brent H. Everett
Director
ERRL-0018-24
January 29, 2024
CERTIFIEDMAIL
RETURN RECEIPT REQUESTED
Jason Miller
2455 West Main Street
Tremonton, Utah 84337
Re: Subsurface Investigation Requirements and Petroleum Storage Tank Fund Eligibility
Millers Pleasant View, located at 2686 North Highway 89, Pleasant View, Utah
Facility Identification No. 1200559, Release Site OJN
Dear Mr. Miller:
On December 1, 2023, a release at the above-referenced site was reported when a Frito Lay
truck operator walked away during fueling of the vehicle and an overfill of diesel fuel occurred on
the asphalt and into the storm drain with reported responses from the North Ogden Fire Department,
Pleasant View Police Department, and the station personnel.
In accordance with Utah Petroleum Storage Tank (PST) Rule R311-202 and R311-205-2, you
are required to report, control, abate, and characterize the release; define the extent and degree of
petroleum contamination; evaluate the risks to human health and the environment; and remediate
(cleanup) the release, as required by the Division of Environmental Response and Remediation
(DERR). A Subsurface Investigation Report (SIR) must be submitted to the DERR within 90 days of
your receipt of this letter. Requirements for a SIR are detailed in the Leaking Underground Storage
Tank (LUST) Subsurface Investigation Report Guide dated May 2014, which can be found on the
DERR’s website.
In accordance with Utah PST Rule R311-207-2(2), a PST Fund Eligibility Application must
be submitted before the responsible party incurs costs for which they intend to seek reimbursement
from the PST Fund. A PST Fund Claims Packet is enclosed. Please submit your PST Fund Eligibility
Application within 90 days to ensure that the costs you incur will be eligible for reimbursement to
the greatest extent possible. Please note that the DERR may not authorize payments from the PST
Fund if the claim is not filed within the time periods specified in Utah Underground Storage Tank
(UST) Act Section 19-6-424(1) or if appropriate approvals for work are not timely obtained as
specified in Utah UST Act Section 19-6-420.
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D. (801) 536-4284
www.deq.utah.gov
Printed on 100% recycled paper
Facility ID# 1200559
Page 2
In accordance with Utah PST Rule R311-201-2(1), all PST release management, abatement,
investigation, and corrective action work must be performed by a DERR-Certified PST Consultant.
In accordance with Utah PST Rule R311-207-3(7), once the responsible party's share of eligible costs
has been spent in accordance with Utah UST Act Section 19-6-419, the DERR shall review and
approve or disapprove work plans and the corrective action plan and all associated budgets. For costs
to be covered by the PST Fund, the DERR must approve all work plans, corrective action plans, and
associated budgets before a responsible party initiates any work, except as allowed by Utah UST Act
Sections 19-6-420(3) and 19-6-420(6). Based on the DERR’s experience and guidelines, the cost for
preparing this Work Plan for an Initial Subsurface Investigation shall not exceed $2,200.00.
If you have any questions, please contact Alex Thompson, the DERR project manager, at
(801) 536-4100.
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/MAT/stt
Enclosures: PST Fund Claims Packet dated February 27, 2017
cc: Brian Cowan, B.S., M.P.H., Director, Weber-Morgan Health Department
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