DSHW-2024-006262

May 13, 2024
Bob's Tree Service Inc.
David Barton, President
1727 East Eastoaks Drive
Fruit Heights, UT 84037
RE:Compliance Advisory No. 2405088Annual Reporting DeficienciesSW158
Dear Mr. Barton:
This Compliance Advisory is being sent to your attention as a representative of Bob's Tree Service Inc. (the Respondent). According to the Division of Waste Management and Radiation
Control’s (Division) records, you are the designated contact person for the Respondent. The Division has conducted a review of records received from the Respondent to verify compliance
withannual reporting requirements under Utah Administrative Code R315 forBob's Tree Service Inc. compost facility (Facility).
Based on the records review, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice of the following compliance issues as well
as an opportunity to correct these apparent violations:Utah Admin. Code R315-302-2(4)(a) requires each owner or operator of any facility, including a facility performing post-closure
care, to prepare and submit an annual report to the Director by March 1st of each year covering activities during the previous year.
As ofMay 13, 2024, the Division has not received a completed annual report for the Facility.
The requirements of 19-6-119(7) of the Utah Codestate that, “On and after January 1, 2019, a facility required to pay fees under this section shall:
(a) pay the fees imposed by this section to the department by the 15th day of the month following
the quarter in which the fees accrued; and
(b) with the fees required under Subsection (7)(a), submit to the department, on a formprescribed by the department, information that verifies the amount of nonhazardous solidwaste received
and the fees that the owner or operator is required to pay.”
As of May 13, 2024, the Division has not received a quarterly reports for the Facility for:
2021 Quarter 4, due January 15, 2022
2022 Quarter 1, due April 15, 2022
2022 Quarter 2, due July 15, 2022
2022 Quarter 3, due October 15, 2022
2022 Quarter 4, due January 15, 2023
2023 Quarter 1, due April 15, 2023
2023 Quarter 2, due July 15, 2023
2023 Quarter 3, due October 15, 2023
2023 Quarter 4, due January 15, 2024
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance issue and associated corrective actions to the Director:
A completed 2023 annual report as required by Utah Admin. Code R315-302-2(4), submitted through the Respondent’s account in the online Community Portal(https://deqorg.utah.gov/), including
entry of waste quantities in tons and uploads of training records.
All missing quarterly reports and applicable fees as requiredby 19-6-119(7) of the Utah Admin Code.
New or fully revised annual reports, along with uploaded documentation, may be submitted using the “Submit an Annual Report” function in the online Community Portal available at: https://deqorg.utah.gov/
For submissions that do not include a new or fully revised annual report, all information relating to this matter should be addressed to the Director at:
Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above and
in accordance with Utah Code § 63G-2-309.
If the Respondent demonstrates that it has taken appropriate corrective actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the15day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions,
will become part of the Respondent’s compliance record and may be considered in connection with future enforcement matters.
If you have any questions, please contactBryan Woolfat 385-454-8060.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/BMW/[???]
c:Brian Hatch, Health Officer, Davis County Health Department
David W. Spence, Deputy Director, Davis County Health Department
Jay Clark, Environmental Health Director, Davis County Health Department
Tyler Barton, President, Bob’s Tree Service Inc. (Email: [e-mail])