DSHW-2024-008044

AugustXX, 2024CERTIFIED MAILRETURN RECEIPT REQUESTED[Certified Mail Number]Steven WallSevier County Clerk250 N. Main St., Suite 100Richfield, UT 84701
RE:Notice of Violation and Compliance Order No. 2408109Sevier County Sage Flat Class I Landfill, SW117
Dear Mr. Wall:Enclosed is NOTICE OF VIOLATION ANDCOMPLIANCE ORDER (NOV/CO)Number 2408109, based on findings documented by theDivision of Waste Management and Radiation Control(Division)
regardingthe Sevier County Sage Flat Class I Landfill.Please be advised that compliance with the attachedNOV/CO is mandatory and will not relieve Sevier County of liability for past
violations.You have 30 days from the signature date of the attachedNOV/CO to contest it in the manner and within the time period prescribed byUtah Administrative Code R305-7-303.If you
have any questions, please call Alexandra Milne at [phone]or have your attorney call Brenden Catt, Assistant Attorney General, at [phone].Sincerely,Douglas J. Hansen, DirectorDivision
of Waste Management and Radiation ControlDJH/GEM/waEnclosure:Notice of Violation and Compliance Order No. 2408109
c:Nathan Selin,Health Officer, Central Utah Public Health Department
Eric Larsen, Environmental Health Director, Central Utah Public Health Department
John Chartier, P.E., District Engineer, UDEQ
Kimberly D. Shelley, Executive Director, Utah Department of Environmental Quality (UDEQ)
Jalynn Knudsen, Assistant Director, Division of Waste Management and Radiation Control, UDEQ
Brian Speer, Division of Waste Management and Radiation Control, UDEQ
Brenden Catt, Assistant Attorney General, Utah Attorney General’s Office, [e-mail]
Haley Sousa, Assistant Attorney General, Utah Attorney General’s Office, [e-mail]
Sevier County Commissioners
Casey Jewkes, County Attorney, Sevier County
Cory Condie, Landfill Manager, Sevier County---oo0oo---
In the Matter of:
:
:
NOTICE OF VIOLATION AND
COMPLIANCE ORDER
Sevier County Sage Flat Class I Landfill
SW117
:
:
No. 2408109
---oo0oo---This NOTICE OF VIOLATION AND COMPLIANCE ORDER (NOV/CO)is issued by the Director of the Division of Waste Management and Radiation Control(Director) pursuant to theUtah Solid
and Hazardous Waste Act (the Act),Utah Code § 19-6-101 et seq.,and Utah Admin. Code R315 (the Rules). The Director has authority to issue such notices and orders in accordance with Utah
Code § 19-6-112.FINDINGS
Sevier County is a political subdivision of the State of Utah. Sevier County is the owner and operator of the Sevier County Sage Flat Class I Landfill (the Facility).
On December 23, 2019, the Director issued Sevier Countya permit to operate the Facility, DSHW-2019-016304 (the Permit).
Sevier County is a "person" as defined by Utah Code § 19-1-103(4) and is subject to all applicable provisions of the Act, the Rules, and the Permit. On July 29, 2024, the Division of
Waste Management and Radiation Control (Division) was notified that Sevier County accepted and disposed of waste containing noncontainerized liquids or free liquids at the Facility.
In coordination with the Utah Department of Environmental Quality District Engineer, John Chartier (the District Engineer), the Division’s investigation determined that Sevier County
accepted and disposed of waste containing noncontainerized liquids or free liquids at the Facilityon at least two separate occasions, namely on June 20, 2024, and July 26, 2024. On July
30, 2024, the District Engineer inspected the Facility. Sevier County’s Landfill Manager informed the District Engineer that he observed the July 26, 2024, disposal of liquid waste inan
area of theFacility, outside of the working face of the landfill, known as the “Class 4 Animal Pit,” located in the northwest portion of the Facility, immediately north of Cell 1 (hereinafter
the Class 4 Animal Pit).Sevier County’s Landfill Manager informed the District Engineer that Sevier County has been using the Class 4 Animal Pit for waste originating from Utah Beef
Producers, LLC. Condition I.B. of the Permit authorizes Sevier County to accept municipal solid waste, commercial waste, industrial waste, construction/demolition waste, special waste,
hazardous waste from a small quantity generator, PCBs, and asbestos-containing material. Condition I.C.2. of the Permit and Utah Admin. Code R315-303-3(1)(b) prohibit Sevier County from
accepting or disposing of waste containing noncontainerized liquids or free liquids at the Facility. On June 20, 2024, Sevier County acceptedand disposed of waste containing noncontainerized
liquids or free liquids in the form of approximately 11.37 tons of “fluids” at the Facility.On July 26, 2024, Sevier Countyaccepted and disposed of waste containingnoncontainerized liquids
or free liquids in the form of approximately 5.50 tons of waste from “Valley Tank/Septage” at the Facility.Condition I.E.2. of the Permit requires Sevier County, in the event of noncompliance
with any permit condition or violation of an applicable rule, to “promptly take any action reasonably necessary to correct the noncompliance or violation and mitigate any risk to the
human health or the environment.” Based upon Division records, Sevier County failed to promptly take actions reasonably necessary to correct its noncompliance and mitigate any risk to
human health or the environment after it accepted waste containing noncontainerized liquids or free liquids on June 20, 2024.Based upon Division records, Sevier County failed to promptly
take actions reasonably necessary to correct its noncompliance and mitigate any risk to human health or the environment after it accepted waste containing noncontainerized liquids or
free liquids on July 26, 2024.Conditions I.E.3.a. through I.E.3.c. of the Permit require Sevier County to “[d]ocument the noncompliance or violation in the daily operating [record],
on the day the event occurred or the day it was discovered,” “[n]otify the Director by telephone within 24 hours, or the next business day following documentation of the event,” and
“[g]ive written notice of the noncompliance or violation and measures taken to protect human health and the environment within seven days after Director notification.” Based upon Division
records, Sevier County failed to document its noncompliance in the daily operating record after it accepted waste containing noncontainerized liquids or free liquids on June 20, 2024,
and July 26, 2024. Based upon Division records, Sevier County failed to notify the Director by telephone within 24 hours or the next business day following its noncompliance after it
accepted waste containing noncontainerized liquids or free liquids on June 20, 2024, and July 26, 2024.Based upon Division records, Sevier County failed to give written notice to the
Director within seven days after its noncompliance after it accepted waste containing noncontainerized liquids or free liquids on June 20, 2024, and July 26, 2024.Condition II.A.2. of
the Permit requires Sevier County to submit construction design drawings andConstruction Quality Control and Construction Quality Assurance Plans to the Director for approval “[p]rior
to construction of any landfill cell, sub-cell, engineered control system, waste treatment facility, leachate handling system, or final cover.”Based upon Division records, Sevier County
failed to submitconstruction design drawings and Construction Quality Control and Construction Quality Assurance Plans to the Director for approval prior to it constructing theClass
4 Animal Pit.Condition II.A.3. of the Permit requires Sevier County to “notify the Director of completion of construction of any landfill cell, sub-cell, engineered control system, waste

treatment facility, or final cover” and “submit as-built drawings for each construction event that are stamped and approved by an engineer registered in the state of Utah.” Based upon
Division records, Sevier County failed to notify the Director of completion of its construction of the Class 4 Animal Pit.Based upon Division records, Sevier County failed to submit
as-built drawings for the construction of the Class 4 Animal Pit that are stamped and approved by an Engineer registered in the state of Utah.Condition III.H.4.f. of the Permit requires
Sevier County to “properly dispose of any waste found that is not acceptable at the facility at an approved disposal site for the waste type and handle the waste according to the rules
covering the waste type.” Sevier County failed to properly dispose of waste containing noncontainerized liquids or free liquids on June 20, 2024, despite it finding such waste to be
not acceptable at the Facility. Sevier County failed to properly dispose of waste containing noncontainerized liquids or free liquids on July 26, 2024, despite it finding such waste
to be not acceptable at the Facility.
DETERMINATION OF VIOLATIONS
In accordance with Utah Code § 19-6-101 et seq., and based on the foregoing FINDINGS, Sevier County has violated provisions of the Act, the Rules, and the Permit applicable to the Facility.
Specifically, Sevier County has violated the following:
Condition I.C.2. of the Permitand Utah Admin. Code R315-303-3(1)(b) by accepting waste containing noncontainerized liquids or free liquids on June 20, 2024, and July 26, 2024. See Finding8.Condition
I.E.2. of the Permit by failing to promptly take actions reasonably necessary to correct its noncompliance and mitigate risk to human health or the environment after it accepted waste
containing noncontainerized liquids or free liquids on June 20, 2024, and July 26, 2024. See Finding 9. ConditionsI.E.3.a. through I.E.3.c. of the Permit by failing to document and provide
the Director with proper notification following its noncompliance by accepting waste containing noncontainerized liquids or free liquids on June 20, 2024, and July 26, 2024.See Finding
10. Condition II.A.2. of the Permit by failing to submit construction design drawings and Construction Quality Control and Construction Quality Assurance Plans to the Director for approval
prior to construction of the Class 4 Animal Pit.See Finding 11.Condition II.A.3. of the Permit by failing to notify the Director of completion of construction of the Class 4 Animal Pit,
and by failing to submit as-built drawings for the construction of the Class 4 Animal Pit that are stamped and approved by an engineer registered in the state of Utah.See Finding 12.Condition
III.H.4.f. of the Permit by failing to properly dispose of the waste it found that is not acceptable at the Facility, namely waste containing noncontainerized liquids or free liquids.
See Finding 13.ORDERSevier County is hereby ordered to correct these violations by taking the following actions:Immediately cease the acceptance and disposal of waste at the Facility
not authorized by Condition I.B. of the Permit, including but not limited to waste containing noncontainerized liquids or free liquids.
Within 30 days of the signature date of this NOV/CO,submit to the Director a written statement describing the followinginformation in detail:
The cause of each violation;
The specific corrective actions taken, results achieved, and applicable dates;
If future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and
How the corrective actions will prevent similar violations from recurring.Within 30 days of the signature date of this NOV/CO, submit to the Director: All daily operating records required
by Utah Admin. Code R315-302-2(3)(a), beginning January 1, 2024, through August 1, 2024;
All waste inspection records required byCondition III.H. of the Permit, beginning January 1, 2024, through August 1, 2024;
All waste manifests and analytical results of waste characterization Sevier County received from waste transporters for the disposal of sludge, noncontainerized liquids, or free liquids,
beginning January 1, 2024, through August 1, 2024;
All documentation of training provided to Sevier County employees beginning January 1, 2024, through August 1, 2024, pertaining to the acceptance and characterization of waste, including
the substance of such training and the dates upon which Sevier County employees completed such training; and An updated map of the Facilitythat depicts and identifiesall landfill cells,
sub-cells, engineered control systems, waste treatment facilities, leachate handling systems, trenches, flesh pits, animal pits, and all other information not included in the map attached
to the Permit. As-built construction design drawings, stamped and approved by an engineer registered in the state of Utah, of all landfill cells, sub-cells, engineered control systems,
waste treatment facilities, leachate handling systems, trenches, flesh pits, and/or animal pits not previously provided to the Division.
COMMUNICATION WITH THE DIRECTOR
For the purpose of compliance with this NOV/CO or to provide additional information, the Director’s mailing address is:
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
Alternatively, documents OTHER THAN AN ADMINISTRATIVE CONTEST TO THIS NOV/COmay be submitted electronically to the following email address: [e-mail]. DO NOT submit any documents
or information via email that is confidential, proprietary, or for which you wish to make a claim of business confidentiality under Utah Code § 63G-2-305. All such documents and information
MUST be submitted using the mailing address above and in accordance with Utah Code § 63G-2-309.OPPORTUNITY TO CONTEST THIS NOV/COThis NOV/COis effective immediately and shall become
final unless Sevier County administratively contests it. Failure to contest this NOV/COin the manner and within the time period prescribed by Utah Admin. Code R305-7-303 constitutes
a waiver of 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 or adopted under Title 19, Ch. 6, Pt. 1 may be subject to a civil penalty of up to $13,000 per day for each day of violation.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 NOV/CO on the[day]of [month], [year]by U.S. Certified Mail, Return Receipt Requested, to:
Steven Wall
Sevier County Clerk
250 N. Main St., Suite 100
Richfield, UT 84701
__________________________________
[Type name of person certifying the date the NOV is mailed]