DERR-2024-004143

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-024-24

January 25, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Katie Fabert
Yardley Green River, LLC
P.O. Box 570
Green River, Utah 84525

Re: Notice of Non-Compliance for Underground Storage Tank Violations
Yardley Green River - Eagles Landing, located at 1085 East Main Street, Green River, Utah
Facility Identification No. 5000275

Dear Ms. Fabert:

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 three USTs and
is located at 1085 East Main Street, Green River, Utah. The designated Facility Identification
Number is 5000275.

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 documentation to show that you have had a qualified cathodic protection
tester test your cathodic protection system on the steel flex connectors associated
with USTs #1, #2, and #3 within the last three years. Failure to have a cathodic
protection test performed within the last three years may result in re-training for the
class B operator.

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
Facility ID# 5000275
Page 2

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 David Wilson, the DERR project manager, at
[phone].

Sincerely,

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

BHE/DJW/ta

cc: Brady Bradford, Health Officer, Southeastern Utah District Health Department
Russell Seeley, District Engineer, Utah Department of Environmental Quality
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YARDLEY GREEN RIVER, LLC
ATTN: KATIE FABERT
I PO BOX 570 ---------------------------
GREEN RIVER, UT 84525 ·--------------------------
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