DERR-2024-004478

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION

Brent H. Everett
Director
ERRP-068-24

February 26, 2024

Jessica Kuddes
Wind River Petroleum
5097 South 900 East, Suite 200
Salt Lake City, Utah 84117

Re: Compliance Schedule to Extend Deadline for Obtaining Certificate of Compliance for
Aboveground Petroleum Storage Tanks
Top Stop C-83, located at 750 East 300 North, Richfield, Utah
Facility Identification No. 2000688

Dear Ms. Kuddes:

Aboveground petroleum storage tanks (APSTs) became subject to State regulation under the
Utah Underground Storage Tank Act (Act) on May 5, 2021. The petroleum storage tank (PST)
program is administered by the Division of Environmental Response and Remediation (DERR).
Pursuant to Utah Code Section 19-6-407(2)(a), owners/operators of APSTs were required to notify
the DERR of their regulated tanks by June 30, 2022, and demonstrate financial responsibility for
their APSTs by participating in the Environmental Assurance Program or utilizing an approved
alternative method by June 30, 2023. Also pursuant to Utah Code Section 19-6-412, all owners and
operators of PSTs, now including regulated ASPTs, must have a certificate of compliance.

Due to changes to the Statute and the requirement to demonstrate financial responsibility by
June 30, 2023, all APSTs regulated by the Act must obtain certificates of compliance for their
APSTs by the same date. Failure to obtain a certificate of compliance subjects an APST
owner/operator to penalties (including $1,000.00 each for not notifying and for not paying
registration fees within 60 days of the July 1st due date and up to $10,000.00 per violation per day)
for failure to obtain certificates of compliance for each regulated APST. Further, any petroleum
distributor who delivers to a PST including APSTs and any person who accepts a delivery in a tank
that does not have a certificate of compliance will be subject to a civil penalty of $500.00 per
occurrence (Utah Code Section 19-6-416).

Facility ID# 2000688
Page 2

The DERR has reviewed the records submitted by you for the above-referenced facility and
determined that the necessary documentation for the DERR to issue a certificate of compliance for
your tanks is incomplete. The DERR records indicate those tanks not in compliance are deficient in
the following areas:

(X) Tanks used to hold petroleum products do not have the required certificate of compliance
and are lacking the following: (1) tank and product line tests. The enclosed Compliance
Schedule outlines requirements and deadlines you must meet to obtain a certificate of
compliance and avoid any delivery prohibitions or penalties. If the Compliance Schedule is
not met, the DERR will place delivery prohibition tags on the tanks and petroleum deliveries
will no longer be allowed.

The enclosed Compliance Schedule specifies time frames for correcting the noted
deficiencies. The time frames were proposed by you based on contractor availability and agreed
upon with your DERR project manager. You must adhere to and complete all requirements listed
in the Compliance Schedule before the DERR may issue a certificate of compliance for your APST.
Any person who violates the requirements of the Act, orders issued, or accompanying rules is
subject to delivery prohibition and a civil penalty of not more than $10,000.00 per day for each day
of violation (Utah Code Section 19-6-425). If the Compliance Schedule is not met, the DERR will
immediately place delivery prohibition tags on the tanks and petroleum deliveries will no longer be
allowed, and the owner/operator will be subject to other penalties as allowed by law.

Please sign and return the attached Compliance Schedule within seven (7) days from the
date of this letter.

If you require further assistance or have any questions regarding this matter, please contact
Sean Warner, the DERR project manager, at [phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/SDW/ta

Enclosure: Compliance Schedule

cc: Nathan Selin, Executive Director, Central Utah Public Health Department
Eric Larsen, Environmental Director, Central Utah Public Health Department
John Chartier, District Engineer, Utah Department of Environmental Quality
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COMPLIANCE SCHEDULE

Compliance Schedule for Underground Storage Tanks for Top Stop C-83, located at 750 East 300
North, Richfield, Utah; Facility Identification No. 2000688

TANKS WITHOUT A CERTIFICATE OF COMPLIANCE

REQUIREMENTS: TO BE COMPLETED BY:
(Date)

Tanks and product lines must have a passing test conducted by a
Utah Certified UST Tester.

May 7, 2024

(Name of Owner/Operator)

By: Date: ___________________________
Name:

Title: