DERR-2024-007210

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-185-24
May 16, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Marge Fullmer
905 North Main Street
Fillmore, Utah 84631
Re:Notice of Non-Compliance for Underground Storage Tank Violations
Paradise Chevron, located at 905 North Main Street, Fillmore, Utah
Facility Identification No. 2000055

Dear Ms. Fullmer:

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 905 North Main Street, Fillmore, Utah. The designated Facility Identification Number
is 2000055.

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 removed the water/product from the
containment sump at the submersible pump/dispenser for USTs 5 and 6. All
containment sumps must be kept dry and free of water, product, debris, etc., so they
can function properly and protect metallic system components from corrosion. At
the time of the inspection, the inspection report indicates that this containment sump
had several inches of water/product in it.
2. Submit documentation to show that the facility has class C operators that are properly
trained and documented, as required by Section R311-201-12 of the Utah UST rules.
Please submit a current list of designated class C operators, showing the date they
were trained and the name of the person who provided the training.

Facility ID# 2000055
Page 2

3.Submit documentation that an emergency contact sign has been posted with the name
and phone number of who to contact in the event of an emergency with the USTs.
4.Submit documentation to show that you have removed the product/debris from the
under dispenser containment (UDC) for dispenser 7/8. All UDCs must be properly
maintained, and must be kept dry and free of water, product, and debris, so they can
function properly. At the time of the inspection, the inspection report indicates that
this UDC had product and debris in it.

5.Submit documentation to show that you have repaired or replaced the boot on UDC
1/2, so it can function properly. Additionally, submit documentation that the UDC
for Dispenser 1/2 has been tested. At the time of the inspection, the boot on one of
the lines was ripped, possibly allowing free product to get to the ground if a leak
would happen to occur.

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 your facility remains out of compliance with the requirements outlined above, the class
A/B operator may be subject to re-training requirements and must successfully complete an
appropriate training course and examination.

If you have any questions, please contact Phillip Lundell, the DERR project manager, at
[phone].

Sincerely,

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

BHE/PKL/ss

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