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HomeMy WebLinkAboutDERR-2024-004490 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 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-044-24 February 7, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Sheryl Laughlin Meemz and Pops, LLC 2840 North Highway 38 Brigham City, Utah 84302 Sheryl Laughlin Meemz and Pops, LLC 6990 North Highway 38 Honeyville, Utah 84314 Bennie Vasquez 2840 North Highway 38 Brigham City, Utah 84302 Hal D. Allen, Registered Agent for Meemz & Pops, LLC 1835 South Highway 89 Perry, Utah 84302 Re: Notice of Non-Compliance for Underground Storage Tank Violations Meemz and Pops, located at 2840 North Highway 38, Honeyville, Utah Facility Identification No. 0100196 Dear Ms. Laughlin and Mr. Vasquez: The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or operator of a facility having underground storage tanks (USTs). The Act authorizes the Director of the Division of Environmental Response and Remediation (Division Director) to enforce the Act and rules promulgated thereunder by issuing notices and orders. At the request of the Division Director, the Division of Environmental Response and Remediation (DERR) performed a compliance review for the facility owned or operated by you. This facility contains two USTs and is located at 2840 North Highway 38, Honeyville, Utah. The designated Facility Identification Number is 0100196. Facility ID# 0100196 Page 2 The compliance review indicates you have not satisfied the requirements of the Act and regulations. To achieve compliance, you must do all of the following within 60 days of the date of this letter: 1. Submit passing results for line tightness, line leak detector, and automatic tank gauge tests. 2. The class B operator is required to be re-trained. R311-210-12(10)(d)(ii) a class B operator is subject to re-training requirements if a facility for which the class B operator has oversight is found to be out of compliance due to: a. Failure to document compliance, as determined by the Technical Compliance Rule; i. Technical Compliance Rate is determined using the Environmental Protection Agency and Leaking Underground Storage Tank Performance Definitions as of October 2018 and incorporated by reference. b. Failure to perform UST operator inspections required by Section R311-203- 7; or c. Failure to ensure that class C operators are trained and registered, and are on site during operating hours. The Act, Utah Code Ann. §§ 19-6-407 and 19-6-408, gives the Division Director the authority to assess a civil penalty of $1,000.00 if an owner or operator of an UST fails to register the tank or fails to pay fees within 60 days of due date, and to assess interest on the unpaid registration fee balance. Under Utah Code Ann. § 19-6-425, other violations of the Act, rules, or orders may result in civil penalties of up to $10,000.00 per day. Failure to comply with the Act and regulations may also result in revocation of your certificate of compliance under Utah Code Ann. § 19-6-414. Failure to comply with the requirements of the Act and rules may result in the issuance of a Notice of Violation and Order and/or a Notice of Agency Action and the assessment of a civil penalty. If you have any questions, please contact DeAnn Rasmussen, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/DR/ta cc: Jordan Mathis, Health Officer, Bear River Health Department t ~ ~ J l"- <O s rn □ IT" rn 0- □ □ □ □ □ IT" ru ..-:t □ nJ □ I"- U.S. Posta l Serv ice fM CERTIFIED MAIL® RECEIPT Domestic Mail Only -. .. . . . . . . OFl-=I C I AL u s E Certified Mail Fee $ IEXtra --services & Fees (CIH>ck box. add'" .. appropnoto) 0 Return Receipt (hanlcopy) s 0 Return Receipt {electronic) $ Postmar1< 0 c.rtifled Mall Res1rlcted Delivery $ Here 0 Adult Slgnatun, Requirad s 0 Adult Signature Res1rtcted Oeiive<y S ,,.. MEEMZ AND POPS, LLC ATTN : SHERYL LAUGHLIN 2840 N HWY 38 ------------------------------ BRIGHAM CITY, UT 84302 ------------------------------ PS Form 3800, Aprtl 2015 PSN7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the followi ng benefi ts: ■ A receipt (this portion of the Certified Mail labeQ. for an electronic return receipt, see a retail ■ A unique identifier for your mallpiece. associate for assistance. To receive a duplicate ■ Electronic verification of delivery or attempted return receipt for no additional fee, present lh_ls delivery. ~®-postma111ed Certified Mail receipt to the • A record of delivery Oncluding the recipient's retail assoc,ate. . . signature) that is retained by the Postal ServiceN -Restricted delivery service, wt11ch 1)11)Yldes for a specified period. dehve,y to the addressee spec1f1ed by name, or to the addressee's authorized agent Important Reminders: • Adult signature service, which requires the ■ You may purchase Certified Mall seivlce with signee to be at least 21 years of age (not First-Class Mail•, First-Class Package Service•, available at retaiQ. or Priorily Mai~ service. • Adult signature restricted delivery service, which • Certified Mall service Is not available for requires the slgnee to be at least 21 years of age international mail. and provides delivery to the addressee specified ■ Insurance coverage Is not available for purchase by name, or to the addressee's authorized agent with Certified Mall service. However, the purchase (not available at retail). of Certified Mail service does not change the ■ To ensure that your Certified Mall receipt Is Insurance coverage automatically Included with accepted as legal proof of mailing, It should bear a certain Priority Mail items. USPS poslmaJk. If you would like a postmark on ■ For an additlonal fee, and with a proper this Certified Mall recelp~ please present your endorsement on the mailplece, you may request Certified Mall Item at a Post Officew for the following services: postmarking. tt you don't need a postmark on this • Return receipt service , which prOYides a record Certified Mall receipt, detach the barcoded portion of delivery (including the recipient's signature). of this label, affix It to the mallplece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receip~ complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; IMPORTANT: Save Ulls l9Celpl for yoar ~ PS Fonn 3 800, April 2015 (Reverse} PSN 7530-02-000-9047 □ C'- :::r rn □ IT' rn IT' □ □ □ □ □ IT' ru rl □ ru □ £'- U.S. Postal Service'M CERTIFIED MAIL® RECEIPT Domestic Mail Only --'•1-· -. ., ... . .. . . 0 F F I C I AL u s E Certified Mall Fee $ Extra <>el'VIC8S & Fees (checlc boX. add fee as appropriate} 0 Return Rec,,ipt (hardcopy) $ D Return Receipt (electronic) $ Postma11< 0 Certllled Mall Restricted Dollv«y $ Here 0 Adult Slgnatw-o Aequinld $ 0 Adult Signature Aestrlclod Dollvefy $ IP • ATTN: BENNIE VASQUEZ 2840 N HWY 38 ------------------------------- BRIGHAM CITY, UT 84302 ------------------------------- PS F orm 3800 , April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail labeQ. for an electronic return receipt, see a retail ■ A unique Identifier for your mailpiece. associate for assistance. To receive a dupUcate ■ Electronic verification of delivery or attempted return receipt for no additional lee, pr~ent this delivery. USPS®-postmar1<ed Certified Mail receipt to the ■ A record of delivery Qnciuding the recipient's retail_ associ~e. signature) that is retained by the Postal Service~ -Restricted delivery service, which provides for a specified peri-Od. delivery to the addressee _specified by name, or to the addressee's authorized agent Important Reminders: • Adult signature service, which requires the • You may purchase Certified Mail service with signee to be at least 21 years of age (not First-Class Mail•, Rrst-Class Package Service•, available at retail). or Priority Mail• service. -Adult signature restricted delivery service, which • Certified Mail service Is not available for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified ■ Insurance coverage Is not available tor purchase by name, or to the addressee 's author1zed agent with Certified Mail service. However, the purchase (not available at retaiQ. of Certified Mail service does not change the ■ To ensure that your Certified Mall receipt Is Insurance coverage automatically included with accepted as legal proof of mailing, It shou ld bear a certain Priority Mail Items. USPS postmark. If you would like a postmark on • For an additional lee, and with a proper lhls Certified Mall receipt, please present your endorsement on the mallplece, you may request Certified Mall Item at a Post Office~ for the following services: postmarking. ~ you don't need a postmark on this -Return receipt service , which provides a record Certified Mail receipt, detach the barcoded portion ot delivery (Incl uding the recipient's signature). of this label, affix it to the mallplece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt. complete PS Fonn 3811, Domestic Retum Recelp~ attach PS Form 381 1 to your mailplece; IMPORTAJre Save INS receipt for r-.-.Is. PS Fonn 3800, April 2015 (Rover.so) PSN 7530-02-000-9047 U.S. Postal Service™ CERTIFIED MAIL® RECEIPT rn ..D ::r rn Do mestic Mail Only □ OFFICIAL Ir Certified Mail Fee rn s Ir 1-,.Ext""ra.,...,..,--,-,..,.........,.ees:-:--:-,(ch«:l<,..,....,,.,.bolC,-edd.,..,.,...lee-•,-eppropria==iei,-, D Return Receipt~ $ ___ _ □ 0RetumReceipt(olectronlc) $ ___ _ ~ 0 Certified Mall Restricted DollVery $ ___ _ □ 0AdultSlgnatureReqund $ ___ _ □ Ir D Adult Signature Res1rlctod OeNvery $ USE Postmar1< H ere ru M □ n.J ATTN : HALD. ALLEN , REGISTERED AGENT FOR MEEMZ AND POPS,LLC □ I"-- 1835 S HWY 89 PERRY, UT 84302 PS Form 3800, April 201 5 PSN 7530-02·000·9047 See Reverse for lnstruct,ons Certified Mail service provides the following benefits: • A receipt (this portion of the Certified Mail labeQ. for an electronk: return receipt, see a retail ■ A unique Identifier for your mailpiece. associate for assistance. To receive a duplk:ate ■ Etectronk: veliflcation of dell very or attempted return receipt fO{ no additional fee, present this de livery. USPS®-poslmarked Certified Mall receipt to the • A record of delivery (including the recipient's retatl associate. signature) that is retained by the Postal ServiceN • Restricted delivery service, which provides for a specified period. delivery to the addressee specified by name, or to the addressee's authorized agent. Important Reminders: . Adult signature service, which requires the • You may purchase Certified Mail service with signee to be at least 21 years of age (not First-Class Mail", First-Class Package Service•, available at retalQ. or Priority Mail• service. • Adult signature restricted delivery servk:e, which • Certified Mall service Is not available for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified • Insurance coverage Is not available for purchase by name, or to the addressee's authorized agent with Certified Mail servk:e. However, the purchase (not available at retalQ. ~f Certified Mall service does not change the. ■ To ensure 11131 your Certified Mail receipt Is insurance_ coverage _automatically included with accepted as legal proof of mailing, It should bear a certain Prionty Mail items. USPS postmark. If you would like a postmark on • For an additional fee, and with a proper this Certified Mail receipt, please present your endorsement on the mailplece, you may request Certi1ied Mail Item at a Post Office• for the follow1ng services: postmarl<fng. ~ you don't need a postmark on this -Return receipt service, which provides a record Certified Mail receipt, detach the barcoded portion of delivery (including the recipient's signature). of this label, affix It to the mailplece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt attach PS Form 3811 to your mailpiece; IMPORTANr. Save tltls receipt for yo.-,--els. PS Form 3800, Apt1I 2015 (Rsw,rss) PSN 7530-02-000-9047 ;;r Ir ;;r rn □ Ir rn Ir □ □ □ □ □ Ir ru """ □ ru □ ~ U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Ma il Only · .... r:1 • , ••• 1111 . .. . . 0 FF IC IA L u s E Certified Mail Fee $ ttxtra ::;er,1ces & rees (oheck box, add tee as ,ppropt11te/ D Retum Receipt (hardcoPI? s D Retum Receipt (etoctrook:> $ Postmark D Certlflod Mall Rootr1oted Deli--, $ Here D Adult Signatun, Required $ D Adult 51gna1un1 Restricted Oellvety s IP --- MEEMZ AND POPS, LLC ATTN : SHERYL LAUGHLIN 6990 N HWY 38 ------------------------------- HONEYVILLE, UT 84314 ·------------------------------ PS Fo r m 3800, Ap ro l 20 15 PSN 75:l().()2-000-9047 See Reverse f or Instructio n s Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mall labeij. for an electronic return receipt, see a retail ■ A unique Identifier for your mailpiece. associate for assistance. To receive a duplicate ■ Electronic verification of delivery or attempted return receipt for no additional fee, present this delivery. USPS®-postrnarl<ed Certified Mail receipt to the • A record of delivery Ondudlng the recipient's retail associate. . signature) that Is retained by the Postal Ser;iceN -Restricted delivery service, which provides for a specified period. delivery to the addressee specified by name, or to the addressee's authortzed agent Important Reminders: -Adult signature service, which requires the • You may purchase Certified Mall seivlce with signee to be at least 21 years of age (not Rrst-Class Maii-, Rrst-Class Package Service•, available at retaiij. or Priority Maii-ser.lce. -Adult signature restricted delivery service, which • Certified Mail service Is not available for requires the signee to be at least 21 yeaIS of age International mall. and provides delivery to the addressee specified ■ Insurance coverage is not available tor purchase by name, or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mall ser;ice does not change the ■ To ensu re that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing, it should bear a certain Priority Mail items. USPS postmar1<. It you would like a postrnar1< on • For an additional fee, and with a proper this Certified Mall receipt please present your endorsement on the mallplece, you may request Certified Mail item at a Post OfficeN for the following ser.ices: postmarking. If y6u don't need a postmark on this -Return receipt ser;ice , which provides a record Certified Mall receipt, detach the barcoded portion of delivery (including the recipient's signature). of this label, affix it to the mailplece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt complete PS Form 3811, Oomesfj,; RehJrn Receipt· attach PS Form 381 1 to your mailpiece; IMPORTA!re Save a.ts receipt fur your records. PS Form 3800, April 2015 (Revers,,} PSN 7530-02-000-9047 • ':,,.!'" SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. B. ReQei (P 'nted Na ■ Attach this card to the back of the mailpiece, or on the front if space permits. --------~-'rill D Agent ra'Addressee C. Date of Dilivery 2-,-2:) ATTN : HAL 1Y. ALLEN , REGISTE_B ED_AGENT FOR ery address different from it 1? 0' Yes enter delivery address below: □ No MEEMZ A"!£.POPS,. 1835SH~9 ..,__ PERRY, UT 84302 II IIIIIII IIII Ill lllllll I IIII II I I IIII II Ill I I Ill 9590 9402 6086 0125 3542 31 3. Service Type □ Adult Signature □ Adult Signature Restricted Delivery c.tCertified Mail® □ Certified Mail Restrtcted Delivery ---:----::--c-:-:----,---------------l □ Collect on Delivery 2. Article Number (Transfer from service Jabelj □ Collect on Delivery Restricted Delivery □ Insured Mail 7 D 2 D 12 9 0 0 0 0 0 9 3 9 0 3 4 b 3 D Insured Mail Restricted Delivery {over$500) □ Priority Mail Express® □ Registered Mail™ □ Registered Mail Restricted Delivery □ Return Receipt for Merchandise □ Signature Confirmation™ □ Signature Confirmation Restricted Delivery ~m 3811, July 2015 PSN 7530-02-000-9053 £\. ~ y _ o&.\c.\ l)f2.._ /-t~ Domestic He .. ,-iec ei i-,, First-Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 940 2 6086 0125 3542 31 United States Postal Service rn I = --= a· = ~ ., = rn © s-a, ~ [iui] "8 __. ~ U"I CJ <D ~ -r-,..J ~ c::, ~ r-,..J c:>.. -;;;;· @J -= C> = • Sender: Please print your name, address, and ZIP+4® in this box• UDEQ/DERR ATTN : DEANN RASMUSSEN PO BOX 144840 SALT LAKE CITY , UT 84114 -4840 jli il1ilJijlliljjiiij;ijll 1i ;1ji I jjiiiiiiii iji jli ,!,iii ,i,jj ·/Ii;