DERR-2024-010279

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
ERRP-276-24
August 26, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dirk Anderson
Wheeler Machinery Company
4901 West 2100 South
Salt Lake City, Utah 84120
Re:Notice of Non-Compliance for Underground Storage Tank Violations
Wheeler Machinery Company, located at 4901 West 2100 South, Salt Lake City, Utah
Facility Identification No. 4001264
Dear Mr. Anderson:
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 ten USTs and is
located at 4901 West 2100 South, Salt Lake City, Utah. The designated Facility Identification
Number is 4001264.
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 a copy of the passing (performed within the last three years) overfill
prevention equipment test documenting proper operation.
2. Submit a copy of the current (performed within the last three years) spill bucket test
documenting they are liquid tight. For spill buckets #7, #8, #9, and #11 for used oil.
Facility ID# 4001264
Page 2
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 Sean Warner, the DERR project manager, at
[phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/SDW/tt
cc: Dorothy Adams, Executive Director, Salt Lake County Health Department
Ron Lund, Environmental Health Director, Salt Lake County Health Department
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