DERR-2024-005692

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
ERRL-0100-24
March 14, 2024

David Denison
Gardner Company
201 South Main Street, Suite #2000
Salt Lake City, Utah 84111

Re: Re-Open Release and Oversight Application
Vacant Lot, located at 10125 South 280 West (Monroe Street), Sandy, Utah
Facility Identification No. 4002449, Release Site MSO

Dear Mr. Denison:

A release of petroleum from an underground heating oil tank (UHOT) at the above-
referenced site was reported to the Division of Environmental Response and Remediation (DERR)
on November 22, 2010, and assigned Release Site MSO. Release Site MSO was subsequently closed
out and issued a No Further Action (NFA) letter on June 4, 2015. As you are aware, residual
petroleum contamination from this release was reported following soil sampling during closure of
the residential UHOT in 2010.

Based on information provided to the DERR, the Division Director does not consider
Gardner Company to be a responsible party for the release at this time. However, as the current
property owner or developer, Gardner Company is willing to perform the environmental work
associated with the release pursuant to the Utah UST Act and regulations and subject to DERR
oversight. As such, the DERR is requesting that Gardner Company reimburse the DERR for all
costs incurred or obligated by the DERR in providing administrative oversight.

Please complete the enclosed Leaking Underground Storage Tank Agreement and submit it
to the DERR. The DERR will charge the authorized fees established under the annual legislative
appropriations bill for staff time committed to provide administrative oversight of the petroleum
release.

Facility ID# 4002449
Page 2
If you have any questions, please contact Eileen Brennan, the DERR project manager, at
[phone].

Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/EB/rr

Enclosures: Leaking Underground Storage Tank Agreement
cc: Ron Lund, Environmental Health Director, Salt Lake County Health Department
Alicia Silotti, ASM, Division of Environmental Response and Remediation
Sam Evans, Development Associate, Wasatch Residential Group
Jim Coletta, Branch Manager, One Atlas

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LEAKING UNDERGROUND STORAGE TANK AGREEMENT
This Leaking Underground Storage Tank Agreement (Agreement) is made between the
Director of the Division of Environmental Response and Remediation (Division Director) and
Gardner Company, the developer of the former underground heating oil tank (UHOT) facility,
located at 10125 South 280West (now Monroe Street), Sandy, Utah, known as Facility No. 4002449
(Facility) in the Division of Environmental Response and Remediation (DERR) files. The Division
Director and the current property owner are jointly referred to herein as the Parties.
RECITALS

1. On November 22, 2010, the DERR received a report of a petroleum release present at the
Facility from a previously removed UHOT system on land formerly owned and/or operated
by Sandy City. The DERR assigned the release identification as MSO (Release).

2. One 500-gallon UHOT was removed from the site in 2010. A closure assessment was
completed after the UHOT removal. One soil sample exceeded DERR Initial Screening
Levels.

3. Gardner Company represents that it did not own or operate the UST while it was located at
the Facility.

4. Based on information provided to the DERR, the Division Director does not consider
Gardner Company to be a responsible party for the release at this time. However, as the
current property owner or developer, Gardner Company is willing to perform the
environmental work associated with the Release pursuant to the Utah UST Act and
regulations and subject to DERR oversight.

PURPOSE

5. The purpose of this Agreement is to set forth the terms under which the Division Director is
prepared to provide oversight for environmental work associated with the Release to be
provided by Gardner Company.

AUTHORITY

6. The Division Director’s authority to approve this Agreement is based upon his authority to
administer the Utah UST Act, Utah Code Ann. § 19-6-404(1).

7. Gardner Company shall oversee the work necessary to submit information, plans, or reports
to the DERR that promote cleanup or risk management of the Release, for the residential
development planned at the Facility, and in accordance with DERR laws, rules, policies and
guidelines for petroleum releases from leaking petroleum storage tanks (LPSTs).

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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
8. Gardner Company shall use a Utah Certified PST Consultant or any other individual
required to be certified to perform the environmental work at the property.

9. The DERR will provide administrative oversight of environmental work performed in
accordance with the DERR’s laws, rules, policies and guidelines for petroleum releases from
leaking petroleum storage tanks (LPSTs).

10. Gardner Company shall reimburse the DERR for all costs incurred or obligated by the
DERR in providing administrative oversight under this application at the rate set by the Utah
Legislature and in effect at the time the cost was incurred or obligated. As of the date of this
Agreement, the rate established for oversight and review is currently $115.00 per hour. In
the event this Agreement is terminated, Gardner Company agrees to reimburse the DERR
for all costs incurred or obligated by the DERR before notice of termination.

11. The DERR will track its costs for oversight and review and will provide invoices at the
address listed in paragraph 13, below. Gardner Company will pay the invoiced costs within
30 days of the invoice date. If payment is not made within the specified timeframe, the
DERR may request the Utah Attorney General’s Office to bring an action to recover all costs
allowed by law. Checks shall be made payable to the DEQ/DERR and shall reference the
facility name and release number set forth above. Checks shall be mailed to the DEQ/DERR,
Attn: Alicia Silotti, P.O. Box 144840, Salt Lake City, Utah 84114-4840.

12. Gardner Company may unilaterally terminate this Agreement by providing written notice to
the DERR at the address provided in paragraph 11, above. The Division Director may
unilaterally terminate this Agreement by mailing written notice to Gardner Company at the
address provided in paragraph 13, below. Notice is effective upon mailing.

13. The address for Gardner Company, for purposes of notice and invoicing is: Gardner
Company, 201 South Main Street, Suite #2000, Salt Lake City, Utah 84111.

14. Until such time as the Division Director issues a no further action letter for this Facility,
Gardner Company hereby grants to the employees or authorized representatives of the
DERR access, including ingress and egress, to the Facility to inspect actions related to
environmental work at the Facility, effective immediately and terminating effective
concurrently with the termination of this Agreement or the issuance of a No Further Action
letter for this Facility by the Division Director.

15. When the DERR determines that Gardner Company’s submissions of information and
documentation indicate that the petroleum release meets closure standards, when evaluated
pursuant to the DERR’s existing laws, rules, policies, guidelines, standards and procedures
for petroleum releases, the Division Director will issue a No Further Action letter.

16. In providing environmental project technical assistance and oversight services hereunder,
the DERR and the Division Director do not waive governmental immunity afforded by law.
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17. The Parties reserve whatever rights each may have unless specifically released herein.
18. This Agreement is effective upon the date signed by the Division Director

________________________ ________________________
(Developer/Gardner Company) Date
(former Facility 4002449/MSO)
DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION
___________________________________ ________________________
Brent H. Everett, Director Effective Date
Division of Environmental Response and Remediation