DERR-2024-007277

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-187-24
May 20, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Riley Park
Anderson Distributing, Inc.
P.O. Box 82
Nephi, Utah 84648

Re: Notice of Delivery Prohibition for Failure to Obtain a Certificate of Compliance for
Aboveground Petroleum Storage Tanks
Anderson Sinclair MGMT, located at 385 South Main Street, Nephi, Utah
Facility Identification No. 2000006
Dear Mr. Park:
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 an APST (tank) 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# 2000006
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 7 business days of
the date of this letter:

1. Submit tank and product line test for all regulated tanks as well as spill prevention
installation and/or testing. These are needed to obtain certificates of compliance for all
regulated tanks at the facility; and
2. Submit documentation to show that you have removed the water/product from the
containment of the unregulated diesel APST on site.
Failure to comply with the requirements of this letter will result in the immediate placement
of delivery prohibition tags on tanks at the Facility so that no petroleum deliveries may be received.
Further, the Act, Utah Code §§ 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 APST 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 § 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 § 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.

Information regarding requirements for APSTs may be found at ASTNotice.Utah.gov,
which goes into more detail regarding payment of registration fees, financial responsibility
requirements and applying for certificates of compliance.

If you have any questions regarding this matter, 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
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