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HomeMy WebLinkAboutDERR-2024-009056195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840 Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D. (801) 536-4284 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-231-24 July 15, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ryan Gordon G R, Inc. 1645 North Canyon Road Provo, Utah 84604 Re:Notice of Non-Compliance for Underground Storage Tank Violations G R, Inc., located at 818 North 500 West, Provo, Utah Facility Identification No. 1000770 Dear Mr. Gordon: 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 two USTs and is located at 818 North 500 West, Provo, Utah. The designated Facility Identification Number is 1000770. 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 spill containment buckets for all USTs. All spill buckets 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 all spill buckets had water/product in them. Facility ID# 1000770 Page 2 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. 3.Submit a properly filled out UST Operator Inspection Form by the 15th of each month for the next three months. 4.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. 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 (801) 230-9116. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/PKL/tt cc: Eric Edwards, Executive Director, Utah County Health Department Jason Garrett, Environmental Health Director, Utah County Health Department