DSHW-2018-005203 - 0901a0688083eec3

DSHW-2018-005203 195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah
GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director
June 21, 2018

Caladonian – 1474 West LLC CERTIFIED MAIL 5288 South Commerce Drive, #B150 RETURN RECEIPT REQUESTED Murray, Utah 84107 7005 0390 0000 7508 5661 RE: Property located at 1474 West 1500 South, Woods Cross, UT
Former Golden Eagle Oil Refinery UTD070534623 Gentlemen:
The property identified above was formerly the location of the now defunct Golden Eagle Oil Refinery (Golden Eagle). Past operations at the refinery resulted in the release of hazardous constituents to the environment. To address the investigation and potential remediation of these environmental impacts, Golden Eagle agreed to enter into a Stipulation and Consent Agreement (the Agreement) with the Division
of Solid and Hazardous Waste (now the Division of Waste Management and Radiation Control). The Agreement, No. 0709018 (enclosed) was issued to Golden Eagle on February 11, 2010. While some environmental investigation has been conducted since 2010, the effort was never completed.
The Division understands that the property is now owned by Caladonian – 1474 West LLC. Please note that under Item #30 of the Agreement section, the document is binding on all parties, their successors and assigns, and all other persons or entities acting on their behalf. As the current owner of record for the property, Caladonian is required to fulfill the obligations of the Agreement.
Please contact my project manager, Rolf Johnsson, at [phone] to confirm ownership and to arrange a meeting to discuss the current status of the investigation process and the outstanding work that still needs to be performed.
Sincerely,
Scott T. Anderson, Director Division of Waste Management and Radiation Control (Over)

STA/RTJ/km
Enclosure: Stipulation and Consent Agreement # 0709018 (DSHW-2010-058324) c: Brian Hatch, Health Officer, Davis County Health Department David W. Spence, Deputy Director, Davis County Health Department
Dennis Keith, Environmental Health Director, Davis County Health Department Amy Hensley, USEPA, Region 8 Raymond Wixom, Office of the Attorney General
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FILE COPI
State of Utah
GARYHERBERT
Governor
GREGBELL
Lieutenant Goveraor
Department of
Environmental Quality
AmardaSmith
Exeafive Director
DTVISION OF SOLID AND
HAZARDOUS WASTE
Dennis R Downs
Ditzctor
February l l, 2010
Stan Hartnrark
Golden Eagle Oil Refrnery
P.O. Box 540227
North Salt Lake, Utah 84054
RE: Final Stipulation and Consent Agreement
I-J[D070534623
Dear Mr. Hartmark:
Please find enclosed your copy of the final Stipulation and Consent Agreement (SCA) as
approved by the Utah Sotid and Hazardous Waste Control Board during its February I l, 2010
meeting. The SCA has been signed with the effective date of February I l, 2010. The Site
Investigation Plan should be submitted to this office on or before May 11, 2010. Please notifu the
Division prior to commencing any field work at the site.
If you have any questions, please call Allan Moore of my staffat [phone].
Sincerely
R
Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRD/TAM/KI
c Lewis R. Garrett, A.P.R.N., M.P.H., Health Offrcer, Davis County Health
288 North 1460 West . Sdt Lake City, UT
Mailing Addrcss: P.O. Box 144880 . Salt lake City, UT E4l144t80
Telephone (80 l) 538-5 I 70 . F&( (80 l) 53E-67 I 5 . T.D.D. (E0 I ) 536441 4
uruw.deq.utahgoo
Printed on l00o/o recycled papcr
TN20rm0l56.DOC
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BEFORE THE UTAH SOLID AIYD HAZARDOUS WASTE CONTROL BOARI)
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In the Matter of
Golden Eagle Oil Refinery,lnc
1474 West 1500 South
Woods Cross, Utah 84087
uTD070534623
STIPULATION AND
CONSENT AGREEMENT
No.: 0709018
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This PROPOSED STIPULATION AI\D CONSENT AGREEMENT is issued by the
UTAH SOLID AND HAZARDOUS WASTE CONTROL BOARD (the Board) pursuant to the
Utah Solid and Hazardous Waste Act (the Act), section 19-6-101, et seq., Utah Code Annotated
1953, as amended.
STIPTILATION
l. Golden Eagle Oil Refinery, Inc. (Golden Eagle) is a Utah corporation
2. Golden Eagle is a "person" as defined in UCA l9-l-103(4) and is subject to all applicable
provisions of the Utah Solid and Hazardous Waste Act and the Utah Administrative Code
(the Rules).
3. During the course of past operations, the former owner/operators of Golden Eagle released
hazardous constituents to the environment.
4. Based on a Soil Excavation Report dated April 17,2007, elevated levels of hazardous waste
constituents have been documented in the soils and groundwater at the Golden Eagle site.
5. Based on a preliminary site investigatiorq the Executive Secretary ofthe Board has
determined that the contamination in the soil and groundwater at the facility needs to be
further evaluated to assess whether it may adversely affect human health and the
environment if allowed to remain in place.
6. The Board and Golden Eagle wish to resolve this matter by agreeing to develop a plan for
site investigations and remediation, if warranted, to ensure that contaminated soil and
groundwater do not present a risk to human health and the environment.
7. The parties agree that the Board has jurisdiction over this maffer.
GoldenEagle_SCA_Final.DOC
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AGREEMENT
Based on the foregoing Stipulations, Golden Eagle and the Board hereby agree as follows:
8. Golden Eagle, at its own expense, shall take all actions specified herein, to address the
contaminated soil and groundwater at the facility.
9. Within 90 days of approval ofthis SCA, Golden Eagle shall submit to the Executive Secretary
for approval a Site Investigation Plan (SIP) to delineate the nature and extent of soil and
groundwater contamination at the site. The SIP shall outline the investigation processes to
determine all contaminant migration pathways, characterize sources of contamination, and
determine the distribution, concenfration and fate of contaminants. The SIP shall also speciff
and characterize the environmental setting to include geology, hydrogeology, soils, surface
water, and sediment.
I 1. The SIP shall include the following: A) a Project Management Plarf outlining the approach to
investigation, investigative reporting requirements, milestones reports, personnel, and
resources, B) a Data Collection Quality Assurance Project Plan (QAPP) to establish and
document all project sampling, analytical, and monitoring, C) a Project Data Management
Plan to track investigation data and results, D) a Project Risk Assessment Characterization
Plan that specifies investigation and data requirements for potential risk assessments, and E)
a Health and Safety Plan. All plans shall comply with EPA project plan requirements.
12. The SIP and Data Collection QAPP shall provide all necessary QA/QC sampling for the
chemical contaminants in all media and shall include: A) the appropriate analytical methods,
listed in SW-846, B) the analytical method reporting limits for each parameter tested, C) the
analytical precision and accuracy quality conhol criteri4 trip blanks, field blanks and matrix
spike/matrix spike duplicate criteria of SW-846 for obtaining analytical quality control, D)
the sampling and analytical protocols, methods, chain of custody and procedures for
sampling and analysis, and E) a plot diagram of initial sampling locations.
13. Golden Eagle shall retain all SIP raw data, such as laboratory QA/QC reports, drilling logs,
bench-scale or pilot-scale data" and other supporting information gahered or generated
during SIP activities. Golden Eagle shall use a laboratory certified by the State of Utah for
the constituents and analytical methods listed in the SIP. Golden Fagle shall inform the
laboratory in writing that it must operate under the conditions set forth in the SIP. All
samples shall meet the analytical target recoveries of 80Yoto lz0y.twhich are commonly
acceptable for most analytes. If spike recoveries fall outside the specified range, the data
shall be qualified as "estimated" or "rejected." All analytical results shall meet a completion
of95Yo.
14. Golden Eagle shall provide a schedule in the SIP with timeframes to notift and provide
advance notice to the Executive Secretary for conducting activities and sampling events under
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the SIP. Implementation of the SIP shall begin within 60 days of approval by the Executive
Secretary.
15. Within 90 days of the completion of the activities specified in the SIP, Golden Eagle shall
submit to the Executive Secretary for approval, a Report of Investigation (ROI), which shall
summarize all of the work conducted pursuant to the SIP. The ROI shall contain all the
necessary analytical data to support the conclusions regarding the nature and extent of the
contamination at the site. The ROI shall propose one ofthe following options based on the
requirements of R3l5-l0l of the Rules: (A) a Remedial Action Plan (RAP) for corrective
action, (B) a Site Management Plan (SI!P) with an environmental covenant for site
monitoring, site security and extended institutional controls, or (C) a petition for No Further
Action (I.IFA).
16. If Interim Remedial Actions are proposed in the ROI, Golden Eagle shall submit an lnterim
Remedial Action Plan (IRAP) to the Executive Secretary within 60 days of approval of the
ROI. Within 60 days of submituil of the IRAP, the Executive Secretary shall approve or
disapprove the IRAP. If the Executive Secretary does not approve the IRAP, he shall
provide-Golden Eagle with a detailed written statement of the reasons for disapproval.
Within 60 days after receiving a notice of disapproval, Golden Eagle shall submit a revised
IRAP for approval. Within 60 days of receipf the Executive Secretary shall approve or
modiff the revised IRAP. It the Executive Secretary modifies this IRAP, the modified IRAP
shall become the approved IRAP, unless Golden Eagle invokes dispute resolution in
accordance with Paragraph 28.
17. If a RAP is proposed in the ROI, or if a RAP is determined to be necessary by the Executive
Secretary from the review of the ROI, Golden Eagle shall submit to the Executive Secretary
for approval, a RAP that addresses the soil and groundwater contamination. The RAP shall
include, at a minimum: (A) a groundwater cleanup plan, a ground water monitoring plan, a
soil cleanup plan, or any combination of these, as appropriate; (B) groundwater or soil
cleanup standards, or both; (C) a quality confroUquality assurance plan; @) a health and
safety plan; and (E) a schedule for completion. The RAP shall be submitted within 60 days
of the approval of the ROI recommending a RAP or within 60 days of the Executive
Secretary's determination. Within 60 days of submittal, the Executive Secretary shall
approve or disapprove the RAP. If the Executive Secretary does not approve the RAP, he
shall provide Golden Eagle with a detailed wriffen statement of reasons for disapproval.
Within 60 days after receiving a notice of disapproval, Golden Eagle shall submit a revised
RAP for approval. Within 60 days ofreceipt, the Executive Secretary shall approve or
modiff this revised RAP. If the Executive Secretary modifies this RAP, the modified RAP
shall become the approved RAP, unless Golden Eagle invokes dispute resolution in
accordance with Paragr aph 28 -
18. If a SMP is proposed in the ROI, or if a SMP is determined to be necessary by the Executive
Secretary from the review of the ROI, Golden Eagle shall submit to the Executive Secretary
for approval, a SMP that addresses the management of areas found to be contaminated by
past operations at the site. The SMP shall include, at a minimum, a management proposal
that includes: (A) a groundwater monitoring plan, a soil monitoring plan, or both, as
appropriate; (B) a quality conhoUquality assurance plan; (C) a health and safety plan; (D) a
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draft environmental covenan! (E) site security arangements; (F) a re-evaluation of the risk
assessment, and (G) a schedule for monitoring and completion of activities. The SMP shall
be submitted within 60 days of the approval of an ROI proposing a SMP or within 60 days of
the Executive Secretary's determination. Within 60 days of submittal, the Executive
Secretary shall approve, modiff, or disapprove the SMP. If the Executive Secretary does not
approve the SMP, he shall provide Golden Eagle with a detailed written statement of reasons
for disapproval. Within 60 days after receiving such a statement, Golden Eagle shall submit
a revised SMP for approval. Within 60 days of receipt the Executive Secretary shall
approve or modiff this revised SMP. Ifthe Executive Secretary modifies this SMP, the
modified SMP shall become the approved SMP, unless Golden Eagle invokes dispute
resolution in accordance with paragraphZS.
19. If a No-Further-Action (I.[FA) alternative is proposed by Golden Eagle in the ROI and is
approved by the Executive Secretary, Golden Eagle will be required to perform no further
activities. If the Executive Secretary does not approve the NFA, he shall provide Golden
Eagle with a detailed written statement of reasons for disapproval. Within 60 days after
receiving this statement, Golden Eagle shall submit a revised proposal for approval.
20. Once the RAP, SMP, or NFA has been approved by the Executive Secretary, it shall be
subject to a 30day public comment period.
21. Within 30 days after the public comment period has closed for the RAP, SMP, or NFA and
all public comments have been addressed, Golden Eagle shall proceed with implementation
of the RAP or SMP according to the specifications and schedule approved therein.
22. Within 30 days after completing all activities required by the approved RAP or SMP, Golden
Eagle shall certifr in writing to the Executive Secretary that, to the best of its knowledge and
based on its consultant's reports, and upon exercise of reasonable diligence, all requirements
and obligations in the approved RAP or SMP have been satisfied. Such certification shall
include any documentation required by the RAP or SMP. If the Executive Secretary
determines that all provisions of this SCA have been fulfilled, the certification shall
constitute completion ofthis SCA. In the event the Executive Secretary determines that all
requirements of the SCA have not been met he shall provide Golden Eagle with a written
notice of deficiencies within 30 days of receipt ofthe certification. Golden Eagle shall notify
the Executive Secretary within 30 days of receipt of the notice of deficiencies of activities to
be undertaken by Golden Eagle to correct the deficiencies and a timetable for completion of
the activities. Once all deficiencies have been correcte4 the Executive Secretary shall notiff
Golden Eagle in writingthat all provisions of the SCA have been fulfilled.
23. Golden Eagle shall provide at least seven days prior notice to the Executive Secretary of any
activities pertaining to fieldwork at the site. The Executive Secretary reserves the right to
acquire splits of any samples collected for analysis by Golden Eagle at the site. Golden
Eagle shall be offered the opportunity to split any samples collected at the site'by the
Executive Secretary. Golden Eagle shall provide access to its site upon request by ttre
Executive Secretary's authorized representativ{s) for the purpose of enforcing, monitoring,
photographing, sampling, and observing activities conducted under this SCA.
.\,.!
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24. The State or any of its employees or any member of the Board or the Executive Secretary
shall not be liable for any injury or damage to persons, or natural resour@s which result from
acts or omissions by Golden Eagle or its agents or contractors in carrying out activities
pursuant to this SCA. The Executive Secretary and his representatives shall comply with all
reasonable requirements established by Golden Eagle for the protection of health, safety, and
security while on its property under its control. Some of the activities conducted pursuant to
this SCA may pose certain health and safety risks. The health and safety of Golden Eagle
personnel or its contactors shall be the sole rcsponsibility of Golden Eagle.
25. Upon the occumence ofan unanticipated event which could not have been prevented or
avoided by the exercise of due care or foresight, and which causes or may cause delay in
achievement of any requirement under this SCA, Golden Eagle shall notifr the Executive
Secretary in writing within 20 days of the day Golden Eagle knew ofthe eveng describing
the anticipated length of the delay, the anticipated consequences of the delay, the measures
taken and to be taken by Golden Eagle to prevent or minimize the delay, and the timetable by
which such measures are expected to be implemented. If the parties agree that the delay or
anticipated delay in the achievement of any re{uirement of this SCA has been or will be
caused by circumstances beyond the control of Golden Eagle or its agents or contractors, the
parties shall stipulate to the extension of the particular compliance requirement affected by
the delay, and Golden Eagle shall apply to the Executive Secretary for an appropriate
modification ofthis SCA. In the event that Golden Eagle and the Executive Secretary cannot
agree as to the length or right of extension, then any party may submit the matter to the
Board for resolution. The burden of proving that any delay is caused by circumstances
beyond the control of Golden Eagle shall rest with Golden Eagle- The Board's final decision
shall be subject to judicial review under applicable State law.
26. Golden Eagle shall reimburse the Executive Secretary for all reasonable costs incurred
following final approval of the SCA, by the Board in overseeing compliance with this SCA
and in reviewing the SIP, ROI, IRAP, RAP, SMP and the NFA petition. The Executive
Secretary shall submit quarterly invoices to Golden Eagle identifiing the oversight and
review costs of State employees in accordance with the fee collection schedule in the Utah
Appropriations Act. Golden Eagle shall, within 30 days of receipt of each such invoice,
remit a check to the State for the full amount ofthe costs, payable to:
Utah Department of Environmental Quality
c/o Dennis Downs, Executive Seuetary
Utatr Solid and Hazardous Waste Contol Board
P.O. Box 144880
Salt Lake ciry, utah 841144880
27. In the event of any disagreement by Golden Eagle regarding these costs, Golden Eagle may
commence a proceeding under the Adminisrative Procedures Act and applicable
adminisfative rules of the Board to resolve the dispute. The Board's final decision in any
adjudictitive proceeding shall be subject to judicial review under applicable State law.
28. This SCA expressly contemplates submission of certain information, proposals and reports
by Golden Eagle to the Executive Secretary. The Executive Secretary shall determine the
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adequacy and applicability of such submissions. In addition, Golden Eagle may petition the
Executive Secretary to make decisions on certain technical requirrrnents. If agreement by
Golden Eagle and the Executive Secretary cannot be reached regarding submissions by
Golden Eagle or the Executive Secretary's decision on any infonnation, proposal or report,
or part thereof,, Golden Eagle may commence a proceeding underthe Administrative
Procedures Act and applicable administrative rules of the Board to resolve any disputed
decision or submission. The Board's final decision in any adjudicative proceeding shall be
subject to judicial review under applicable State law. If practicable, Golden Eagle shall
proceed with any undisputed elements of the proposed activity.
29. The Executive Secretary, the Board, or any entity of the State shdl not be deemed to have
waived any rights which it may otherwise exercise under applicable laws and administrative
rules including, but not limited to, such actions as may be necessary to prevent pollution of
groundwater, protect human health and environment, protect and maintain its natural
resources, abate an imminent haznd or public nuisance, recover oosts for Executive
Secretary expenditures, recover damages for loss, destruction or replacement of natural
resources, or any combination of these remedies. Nor shall the Board be precluded from
initiating enforcement action, including seeking civil penalties, against Golden Eagle in the
event of noncompliance with the Utah Solid and Hazardous Waste Act and applicable
administrative rules or noncompliance with this SCA.
30. This document includes the entire agreement between the parties concerning the subjects it
discusses. It can be modified only through a formal agreement sigred by all the parties. It is
binding on all parties, their successors and assigns, and all other persons or entities acting on
their behalf. Golden Eagle consents to entry of this SCA and agr€es to be bound by it.
31. Data or information provided by Golden Eagle under this SCA, upon request by Golden
Eagle, Inc., may be reated as confidential by the Board and the Execufive Secretary to the
extent and under the procedures set forth in Utah Code Annotated Section 19-l-306 and 63-
2-101 et.seq.
32. This SCA shall become effective upon execution by Golden Eagle and the Executive
Secretary of the Board.
Dated this //day
By
Oil Refinery,Inc.
Title
9n/affi0*
Executive Secretary
Utah Solid and Hazardous Waste Control Board
By:
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