DERR-2024-009878

1

CONSENT FOR ACCESS TO PROPERTY
Five Points PCE Plume, SEMS ID #UTN000821003
Bountiful, Utah

Name of Owner: _________________________

Address of Owner: _________________________________________

Address of Property Subject to Access: _365 W 1500 S Woods Cross 84087______________

A. I, the authorized representative of the owner of the property described above
(“Owner”), consent to officers, employees, contractors, subcontractors, and other
authorized representatives of the United States Environmental Protection Agency
(“EPA”) and the Utah Department of Environmental Quality (“DEQ”) entering and
having continued access to the above referenced (“Property”) for the following
purposes:

1. Conducting field inspections and investigations;

2. Taking samples of surface soil, subsurface soil, or soil gas, on the Property;

3. Drilling, boring, or punching of holes for subsurface investigations; and

4. Other such actions as may be necessary to protect human health and the environment.

B. Owner understands that these actions by EPA and DEQ are undertaken pursuant to
their response and enforcement responsibilities under the Comprehensive
Environmental Response, Compensation, and Liability Act (“CERCLA”) 42 U.S.C. §
9601, et seq. Notwithstanding any provision of this Consent for Access, the DEQ and
EPA retain all of their access authorities and rights, as well as all of their rights to
require land/water use restrictions, including enforcement authorities related thereto,
under CERCLA, RCRA and any other applicable federal or State statute or
regulation. EPA, DEQ, and Owner recognize that granting access does not constitute
an admission of liability under CERCLA, RCRA, and any other applicable federal or
State statute or regulation. EPA, DEQ, and Owner retain all rights and defenses
under CERCLA, RCRA, and any other applicable federal or State statute or
regulation. Liability for damage caused by negligence is governed by applicable law.
Nothing in this Consent for Access constitutes a waiver of sovereign immunity.

C. The undersigned certifies that he/she is fully authorized to grant the access provided
herein on behalf of Owner and to execute and legally bind Owner to this document.

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Section 19-6-304 of the Utah Code Ann. Provides that, upon request as indicated below,
the Owner may have a split sample if possible and may obtain an analysis of the sample
available. To these ends, please mark your preference below:

☐ I wish to obtain splits of all samples collected on the Property and a
receipt describing each sample taken. I understand that I must provide the
necessary sample containers to obtain these splits. The responsibility of
choosing an analytical laboratory and the cost of analysis of the splits is
solely mine.

☐ When available to DEQ, Owner wishes to obtain a copy of the final
analytical results report and laboratory data concerning the samples taken
from the Property. Indicate address where results should be sent to:
____________________________________________________________
____________________________________________________________

Authorized Signature: ___________________________

Print Name: ___________________________

Date: ___________________________

Telephone Number: ___________________________

Email Address: ___________________________

Site Name: Five Points PCE Plume Project Manager: Kelsey Robinson
Cody Wright (Aug 15, 2024 07:34 MDT)
Cody Wright
08/15/24

Yes
Yes