DERR-2024-011345

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
ERRL-0419-24
October 9, 2024

Austin Davis
First Step House
440 South 500 East
Salt Lake City, Utah 84102

Re: Voluntary Oversight Agreement
First Step House, located at 273 East 800 South, Salt Lake City, Utah
Facility Identification No. 4002693, Release Site OLN

Dear Mr. Davis:

Enclosed with this letter is a standardized Voluntary Oversight Agreement (Agreement)
that the Division of Environmental Response and Remediation (DERR) is prepared to sign. The
Agreement is designed to facilitate a relationship between the parties involved in characterizing
and remediating impacted property promptly and efficiently.

Please note that the Agreement is entirely voluntary and, as such, the First Step House may
withdraw from the program or terminate the Agreement at any time and for any reason in a manner
consistent with the statute.

It is requested that the enclosed Agreement be signed as soon as possible so that the
investigation and remediation of the Site may proceed as quickly and efficiently as possible.

If you have any questions regarding this letter or the enclosed Agreement, please contact
Liberty Coe, the DERR project manager, at [phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/LC/rr

Enclosure: Voluntary Oversight Agreement
Facility ID# 4002693
Page 2
cc: Dorothy Adams, Executive Director, Salt Lake County Health Department
Ron Lund, Environmental Health Director, Salt Lake County Health Department
Andrew Turner, P.G., Terracon Consultants, Inc.
1
LEAKING PETROLEUM STORAGE TANK AGREEMENT
This Leaking Petroleum Storage Tank Agreement (Agreement) is made between the
Division Director of the Division of Environmental Response and Remediation (DERR) and First
Step House, located at 273 East 800 South, Salt Lake City, Utah, known as Facility Identification
No. 4002693 (Facility) in the DERR files. The Division Director and the current property owner
are jointly referred to herein as the Parties.
RECITALS
1. On September 6, 2024, the DERR received a report of a petroleum release present at the
Facility from an underground storage tank (UST) system. The DERR assigned the Release
Site as OLN (Release).
2. It is unknown if USTs remain on site.
3. First Step House represents that it did not own or operate petroleum storage tanks (PSTs) at
any time while located at the Facility.
4. Based on information provided to the DERR, the Division Director does not consider First
Step House to be a responsible party for the Release at this time. However, as the current
property owner or developer, First Step House is willing to perform the environmental work
associated with the Release pursuant to the Utah UST Act and regulations and subject to the
DERR oversight.

PURPOSE

5. The purpose of this Agreement is to set forth the terms under which the Division Director is
prepared to provide oversight for environmental work associated with the Release to be
provided by First Step House.
AUTHORITY

6. The Division Director’s authority to approve this Agreement is based upon his authority to
administer the Utah UST Act, Utah Code Ann. § 19-6-404(1).

7. First Step House shall oversee the work necessary to submit information, plans, or reports
to the DERR that promote cleanup or risk management of the Release for the residential
development planned at the Facility, and in accordance with the DERR laws, rules, policies
and guidelines for petroleum releases from leaking petroleum storage tanks (LPSTs).

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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
8. First Step House shall use a Utah Certified PST Consultant and any other individual required
to be certified to perform the environmental work at the property.

9. The DERR will provide agency oversight of environmental work performed in accordance
with the DERR’s laws, rules, policies and guidelines for petroleum releases from LPSTs.
10. First Step House shall reimburse the DERR for all costs incurred or obligated by the DERR
in providing agency oversight under this application at the rate set by the Utah Legislature
and in effect at the time the cost was incurred or obligated. As of the date of this Agreement,
the rate established for oversight and review is currently $125.00 per hour. In the event this
Agreement is terminated, First Step House agrees to reimburse the DERR for all costs
incurred or obligated by the DERR before notice of termination.
11. The DERR will track its costs for oversight and review and will provide invoices at the
address listed in paragraph 13, below. First Step House will pay the invoiced costs within
30 days of the invoice date. If payment is not made within the specified timeframe, the
DERR may request the Utah Attorney General’s Office to bring an action to recover all costs
allowed by law. Checks shall be made payable to the DEQ/DERR and shall reference the
facility name and release number set forth above. Checks shall be mailed to
DEQ/DERR
Attn: Alicia Silotti
P.O. Box 144840
Salt Lake City, Utah 84114-4840.
12. First Step House may unilaterally terminate this Agreement by providing written notice to
the DERR at the address provided in paragraph 11 above. The Division Director may
unilaterally terminate this Agreement by mailing written notice to First Step House at the
address provided in paragraph 13 below. Notice is effective upon mailing.

13. For purposes of notice and invoicing, the address for First Step House is:

Austin Davis
First Step House
440 South 500 East
Salt Lake City, Utah 84102

14. Until such time as the Division Director issues a no further action letter for this Facility,
First Step House hereby grants to the employees or authorized representatives of the DERR
access, including ingress and egress, to the Facility to inspect actions related to
environmental work at the Facility, effective immediately and terminating effective
concurrently with the termination of this Agreement or the issuance of a No Further Action
letter for this Facility by the Division Director.

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15. When the DERR determines that First Step House’s submissions of information and
documentation indicate that the petroleum release meets closure standards, when evaluated
pursuant to the DERR’s existing laws, rules, policies, guidelines, standards, and procedures
for petroleum releases, the Division Director will issue a No Further Action letter.
16. In providing environmental project technical assistance and oversight services hereunder,
the DERR and the Division Director do not waive governmental immunity afforded by law.
17. The Parties reserve whatever rights each may have unless specifically released herein.
18. This Agreement is effective upon the date signed by the Division Director.
FIRST STEP HOUSE
273 East 800 South Salt Lake City, Utah
Facility #4002693, Release OLN
By: Name:
(signature of authorized representative) (print or type)
Date: Title:
DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION
By: Name:
(signature of authorized representative) (print or type)
Date: Title: