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HomeMy WebLinkAboutDERR-2024-011269195 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-315-24 October 9, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bruce Miller Wellcome Mart 670 East Main Street Wellsville, Utah 84339 Re:Notice of Non-Compliance for Underground Storage Tank Violations Wellcome Mart, located at 670 East Main Street, Wellsville, Utah Facility Identification No. 0100577 Dear Mr. Miller: 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 three USTs and is located at 670 East Main Street, Wellsville, Utah. The designated Facility Identification Number is 0100577. 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 tests for the following: spill buckets, PVVs, & overfills (due June 15, 2024); line tightness, line leak detector, automatic tank gauge tests (due September 28, 2024). 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 Facility ID# 0100577 Page 2 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 DeAnn Rasmussen, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/DR/tt cc: Jordan Mathis, Health Officer, Bear River Health Department t j ~ J