DSHW-2024-008470

September XX, 2024CERTIFIED MAILHenry G. Barlow RETURN RECEIPT REQUESTED988 West Evans Lane[Certified Mail Number]
Saratoga Springs, UT 84045
RE:Compliance Order No. ######Henry G. Barlow
Dear Mr. Barlow:Enclosed is COMPLIANCE ORDER Number ######, based on findings documented by the Division of Waste Management and Radiation Control(Division)regarding unlawful waste disposal
near Monroe, Utah, Parcel No. 5-23-7 (the Property). Please be advised that compliance with the attached COMPLIANCE ORDER is mandatory and will not relieve Henry G. Barlowof liability
for past violations.Henry G. Barlow is required in theattached COMPLIANCE ORDER to immediately cease the disposal of unauthorized waste at the Property and submit certain documentation
to the Director within the specified time periods. You have 30 days from the signature date of the attachedCOMPLIANCE ORDER 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:Compliance Order No. ######
c:Nathan Selin, Health Officer, Central Utah Public Health Department
Eric Larsen, Environmental Health Director, Central Utah Public Health Department
Ralph Brown, Sevier County Commissioner (Email) [e-mail]
Greg Jensen, Sevier County Commissioner (Email) [e-mail]
Scott Johnson, Sevier County Commissioner (Email) [e-mail]
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
Jennifer Robinson, Environmental Scientist, Division of Water Quality, UDEQ
Brenden Catt, Assistant Attorney General, Utah Attorney General’s Office
Haley Sousa, Assistant Attorney General, Utah Attorney General’s Office---oo0oo---
In the Matter of:
:
:
COMPLIANCE ORDER
Henry G. Barlow
:
:
No. ######
---oo0oo---This COMPLIANCE ORDER is issued by the Director of the Division of Waste Management and Radiation Control(Director) pursuant to the Utah Solid and Hazardous Waste Act (the
Act),Utah Code § 19-6-101 et seq.,and Utah Administrative Code R315 (the Rules).The Director has authority to issue such ORDERS in accordance with Utah Code § 19-6-112.FINDINGS
Henry G. Barlow (Mr. Barlow) is the owner of real property located near Monroe, Utah, Parcel No. 5-23-7 (the Property) and assumed ownership of the Property through a Warranty Deed recorded
in the official records of the Sevier County Recorder on October 31, 2023, as Entry No. 00436022, Book 0823, Page 0598.
Mr. Barlowis a "person" as defined in Utah Code § 191103(4) and is subject to all applicable provisions of the Act andthe Rules. Pursuant to Utah Code § 19-6-109, authorized representatives
of the Director conductedinspections at the Property on September 16, 2024, and September 26, 2024 (the inspections).On September 16, 2024, the Utah Department of Environmental Quality
District Engineer, John Chartier (the District Engineer), inspected the Property and observed evidence of solid waste disposal, including an excavator, a pit or trench, and dead animal
carcasses, hides, and bones. On September 26, 2024,the District Engineer and representatives of Sevier County notified the Division of Waste Management and Radiation Control (Division)
thatMr. Barlow was continuing to dispose of solid waste at the Property. On September 26, 2024, the District Engineer inspected the Property and again observed evidence of solid waste
disposal, including two excavators, one of which was actively being used to bury waste in a pit or trench, soil staining, and solid waste along the edge of the pit or trench. On September
26, 2024, the District Engineer spoke to Mr. Barlow who admitted to disposing of waste at the Property. Under Utah Code § 19-6-102(6), “disposal” is defined as“the discharge, deposit,
injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment,
be emitted into the air, or discharged into any waters, including groundwaters.”
Under Utah Code § 19-6-108(3)(a)(i), “a person may not own, construct, modify, or operate a facility or site […] for the purpose of transferring, treating, or disposing of nonhazardous
solid waste […] without first submitting and receiving the approval of the director for an operation plan for that facility or site.”During the inspections, the District Engineer observed
solid waste that had been or was actively being disposed of at the Property. During the District Engineer’s conversation with Mr. Barlow on September 26, 2024, Mr. Barlow admitted to
disposing of waste at the Property.Mr. Barlow owns the Property and is disposing of solid waste at the Property without first submitting and receiving approval of the Director for an
operation plan.
Under Utah Admin. Code R315-301-4(1), “[n]o person shall incinerate, burn, or otherwise dispose of any solid waste in any place except at a facility which is in compliance with the requirements
of [the Rules].”During the inspections, the District Engineer observed solid waste that had been or was actively being disposed of at the Property.During the District Engineer’s conversation
with Mr. Barlow on September 26, 2024, Mr. Barlow admitted to disposing of waste at the Property.Mr. Barlow disposed of solid waste at the Property, which is not a place that is in compliance
withthe requirements of the Rules. DETERMINATION OF VIOLATIONS
In accordance with Utah Code § 19-6-101 et seq., and based on the foregoing FINDINGS, Henry G. Barlow has violated provisions of the Act and the Rules. Specifically, Henry G. Barlow
has violated the following:Utah Code § 19-6-108(3)(a)(i) for disposing of solid waste at the Property without first submitting and receiving approval of the Director for an operation
plan. See Finding 9.Utah Admin. Code R315-301-4(1) for disposing of solid waste at the Property, which is not a place that is in compliance with the Rules. See Finding 10.ORDERBased
on the foregoing findings and determinations and pursuant to the Act and the Rules, Henry G. Barlow is hereby ORDEREDto: Immediately cease and desist the unlawful disposal of all waste
at the Property;Immediately initiate all actions required to come into compliance with the applicable provisions of the Act and the Rules;Within 30 days of the signature date of this
Compliance Order, submit to the Director a written report describing the following information in detail:The cause of each violation;A summary of the specific corrective actions to be
taken that includes, at a minimum: A reasonable time frame to completely remove all solid waste from the Property; The name of the permitted disposal facility or facilities where the
removed solid waste will be disposed of; A schedule for submitting periodic reports to the Director that detail progress on removing the solid waste from theProperty;A plan that details
the permitted disposal facilities to be used for future solid waste generation, and contingency plans when these facilities do not accept waste loads;A log, including the names of persons,

dates, and topics addressed, of written and oral communications to any associates, subordinates, or other relevant persons,that will preventunlawful waste disposal at the Property;A
description of how the corrective actions taken will prevent similar compliance issues from recurring;
Within 14 days of completely removing the solid waste from the Property, submit to the Director a final clean-up report that includes, at a minimum:A description, including the month,
day, and year, of when the solid waste was completely removed from theProperty;Copies of waste receipt records or scale house tickets from the permitted disposal facility or facilities
where the removed solid waste was disposed of; andPhotos demonstrating the solid waste has been removed from the Property.
COMMUNICATION WITH THE DIRECTOR
For the purpose of compliance with this COMPLIANCEORDER 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 COMPLIANCE ORDER may 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. All such documents and information MUST
be submitted using the mailing address above. OPPORTUNITY TO CONTEST THIS COMPLIANCE ORDERThis COMPLIANCEORDER is effective immediately and shall become final unless Henry G. Barlowadministratively
contests it. Failure to contest this COMPLIANCEORDER in the manner and within the time period prescribed by Utah Administrative 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 COMPLIANCE ORDER on the[day]of [month], [year]by U.S. Certified Mail, Return Receipt Requested,
to:
Henry G. Barlow
988 West Evans Lane
Saratoga Springs, UT 84045
__________________________________
[Type name of person certifying the date the NOV is mailed]