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HomeMy WebLinkAboutDSHW-2024-004463February 1, 2024CERTIFIED MAILRETURN RECEIPT REQUESTEDBryce Wells, OwnerQuick Sump Services, Inc.[Certified Mail Number] 628 E 250 S Heber City, UT 84032 RE:Compliance Order No2402015SW579 Dear Mr. Wells,Enclosed is COMPLIANCE ORDER Number 2402015, based on findings documented by Division ofWaste Management and Radiation Control (Division) inspectors regarding unpermitted waste handling atQuick Sump Services, Inc.transfer station. Please be advised that compliance with the attachedCOMPLIANCE ORDER is mandatory and will not relieve Quick Sump Services, Inc. of liability forpast violations.You are required in the attached COMPLIANCE ORDER to immediately cease the acceptanceand handling of unauthorizedwaste at the Quick Sump Services, Inc. transfer station and to submit certain documentation to the Director withinthe provided time periods.You have 30 days from the signature date of the attached COMPLIANCE ORDER to contest it in themanner and within the time period prescribed in Utah Administrative Code R305-7-303.If you have any questions, please call Bryan Woolf at (385)454-8060 or have your attorney callRaymond Wixom, Assistant Attorney General, at (385) 414-0664.Sincerely,Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlDJH/BMW/[???]Enclosure: Compliance Order No 2402015 c:Jeff Coombs, Health Officer, Tooele County Health Department Bryan Slade, Environmental Health Director, Tooele County Health Department Annette Maxwell, U.S. EPA, Region VIII Kimberly D. Shelley, Executive Director, Utah Department of Environmental Quality (UDEQ) Stevie Norcross, PhD, Assistant Director, Division of Waste Management and Radiation Control, UDEQ Jalynn Knudsen, Assistant Director, Division of Waste Management and Radiation Control, UDEQ Brian Speer, Division of Waste Management and Radiation Control, UDEQ(Email:bspeer@utah.gov) Raymond Wixom, Assistant Attorney General, Utah Attorney General’s Office(Email:rwixom@agutah.gov Bryce Wells,Quick Sump Services, Inc.(Email:Bryce@quicksump.com)---oo0oo--- In the Matter of: : : COMPLIANCE ORDERQuick Sump Services, Inc.SW579 : : No. 2402015 ---oo0oo---This COMPLIANCE ORDER is issued by the Director of the Division of Waste Management and Radiation Control(Director) pursuant to the Utah Administrative Code R315 (the Rules), and Utah Solid and Hazardous Waste Act (the Act), Utah Code § 19-6-101, et seq. The Director has authority to issue such ORDERSin accordance with Utah Code § 19-6-112. FINDINGS Quick Sump Services, Inc.(Quick Sump) is a corporationlicensed to conductbusiness in the State of Utah.Bryce Wells is theowner and operator of Quick Sump Services, Inc. Transfer Station. The Quick Sump facility is a solid waste transfer station facility located in Tooele County, Utah. Bryce Wellsowns and operates the Quick Sump facility under the provisions of an approved solid waste plan of operation. Bryce Wellsis a "person" as defined in Utah Code § 191103(4) and is subject to all applicable provisions of the Act, the Utah Administrative Code (Rules), and the plan of operation issued to Bryce Wells. The Director issued an approval of Quick Sump’s plan of operation on November 29, 2021 (DSHW-2021-018186). April 25, 2022, an authorized representative (inspector) of the Division conducted an inspection at a property off Hardy Road in Lake Point, UT adjacent tothe Ritchie Bros Auctioneers in response to a call from the Tooele County Health Department. It was discovered that Bryce Wells was activelydumping waste material at the location off Hardy Rd. because the approved facility for this activity was not yetconstructed at 1234 East Garfield Circle, Lake Point, Tooele County. May 6, 2022, the Division receivedphotos and verification that the waste had been removed from the property off Hardy Road. A resolution letter was issued to Bryce Wells on July 14, 2022 (DSHW-2022-008042). A representative of the Tooele County Health Department contacted the Division on January 24, 2024 to inform of improper waste handling and disposalat 1234 East Garfield Circle, Lake Point, Tooele County. An inspector of the Division conducted an inspection on January 29, 2024in response to the Tooele County Health Department’s notice of improper solid waste handling and disposal. This inspection wasconducted to assess Quick Sump’s compliance with the Act, the Rules, and the approved plan of operation.Quick Sump’s approved plan of operationallows for all debris to be processed inside of the Quick Sump facility building.The buildingwill consist of three concrete bays approximately 40 feet by 20 feet at a slope of fivepercent to allow for the collection and drying of material. During the January 29, 2024 inspection, the inspector found liquid waste actively being dumped in an unapproved outdoor pit while Quick Sump is constructing the facilitybuilding located on the same property. The inspector spoke with Bryce Wells during the inspection where he admitted to this unapproved waste handling and disposal.ORDERQuick Sump is hereby ordered to take the following actions to address certainFINDINGS:Immediately cease the acceptance of waste containing liquids and all other material.Prior to any future acceptance of waste, notification of the completion of the Quick Sump building must be made to the Division and an inspection by an inspector must be made. After an inspection of the fully constructed building is completed by the Division to verify that it is operational, waste can only be accepted once an approval letter is issued by the Director. Within 30 days of the signature date of this COMPLIANCE ORDER:Remove the waste in the unapproved outdoor pit located at 1234 East Garfield Circle, Lake Point, Tooele County and take the waste to a permitted facility that can accept this waste.Submit to the Director a letter detailing the cleanup and deconstruction of the unapproved pit along with:photos that support the cleanup and deconstruction of the unapproved pit.waste receipt records from the permitted facility where the waste was taken. COMMUNICATION WITH THE DIRECTORFor the purpose of compliance with this COMPLIANCE ORDER or to provide additional information, theDirector’s mailing address is:Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880Alternatively, documents OTHER THAN AN ADMINISTRATIVE CONTEST TO THIS ORDER maybe submitted electronically to the following email address: dwmrcsubmit@utah.gov. DO NOT submit anydocuments or information via email that is confidential, proprietary, or for which you wish to make a claimof business confidentiality. All such documents and information MUST be submitted using the mailingaddress above.OPPORTUNITY FOR HEARINGThis COMPLIANCE ORDER is effective immediately and shall become final unless Quick Sump Services, Inc. administratively contests it. Failure to contest this COMPLIANCE ORDER in themanner and within the time period prescribed by Utah Administrative Code R305-7-303 constitutes a waiverof any right of administrative contest, reconsideration, review, or judicial appeal.Utah Code § 19-6-113(2) provides that violation of any order, plan, rule, or other requirement issued oradopted under Title 19, Ch. 6, Pt. 1 may be subject to a civil penalty of up to $13,000 per day for each day ofviolation.Dated this [day] day of [Month], [year]By: ___________________________________________Douglas J. Hansen,DirectorDivision of Waste Management and Radiation Control CERTIFICATE OF MAILINGI HEREBY CERTIFY that I mailed a true and correct copy of the foregoing COMPLIANCE ORDER on the[day] day of [month], [year]by US Certified Mail, Return receipt Requested, to: Bryce Wells, Owner Quick Sump Services, Inc. 628 E 250 S Heber City, UT 84032 __________________________________ [Type name of person certifying the date the NOV is mailed]