DERR-2024-011346

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
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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-0420-24
October 10, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Patrick Dockstader
The Border Store
P.O. Box 2763
Hildale, Utah 84784
Re:Non-Compliance Letter
The Border Store, LLC, located at 625 North State Street, Hildale, Utah
Facility Identification No. 6001029, Release Site OIM
Dear: Mr. Dockstader:
The Utah Underground Storage Tank Act (Utah UST Act) regulates petroleum storage tanks
(PSTs) and imposes certain obligations on the owner or operator of a facility having PSTs. The Utah
UST Act specifically requires the owner or operator of a facility with PSTs to meet the following
requirements:

1. Report suspected releases within 24 hours.
2. Investigate and confirm the release.
3. Perform initial response actions to control the release.
4. Perform site characterization.
5. Perform free product removal.
6. Perform an investigation for soil and groundwater cleanup.
7. Perform corrective actions as approved or required.
8. Submit reports according to their required schedules.
Records maintained by the Division of Environmental Response and Remediation (DERR)
indicate that Patrick Dockstader owns or operates The Border Store, which is a facility located at
625 North State Street, Hildale, Utah, which has been assigned Facility Identification Number
6001029.
Facility ID# 6001029
Page 2

*UAC R311-202 adopts and incorporates by reference 40 CFR 280 in effect as of October 13, 2015.
A petroleum release was confirmed on August 6, 2023, based on Incident Report Number
16550 at the above-referenced facility. This site has been assigned the Leaking Petroleum Storage
Tank (LPST) as Release Site OIM and assigned to Liberty Coe as project manager.

The DERR issued a Subsurface Investigation (Compliance Schedule) by certified mail,
return receipt requested to Patrick Dockstader, on October 2, 2023, for this Release Site. The
Compliance Schedule was received by Patrick Dockstader on October 16, 2023, according to the
return receipt.
Notwithstanding the issuance of the Reporting and Remediation schedule, to date, the
following have not been submitted to the DERR:

1. A report detailing the Abatement and Initial Site Characterization information or
data.
2. An Emergency Response and Remedial Services Report was submitted to the DERR
on May 8, 2024. This report does not include a map of sample locations. The DERR
requires a map and sample locations, including sample depth, to be submitted
alongside sample data to evaluate the release.
To satisfy the requirements contained in the Reporting and Remediation schedule,
please complete the following:
1. Submit an Abatement and Initial Site Characterization report within the required
schedule, as required byUtah Admin. Code R311-202. Sections 280.62 and 280.63.*
The Utah UST Act gives the Division Director of the DERR the power to enforce the rules
of the Division of Waste Management and Radiation Control Board by issuing Notice of Agency
Action or Orders. Furthermore, the Division Director has the authority to seek a civil penalty of up
to $10,000.00 per day for each day of violation of the Act pursuant to Utah Code., Section 19-6-
425.

This letter also advises that failure to comply with the requirements of the applicable statutes
and rules listed above within 30 days of receipt of this letter may result in issuing an Order and
assessing a civil penalty.

If Patrick Dockstader fails to achieve compliance with this letter, the DERR may implement
corrective action at the above-referenced site and may use State monies to investigate, abate and
remediate the site. Patrick Dockstader will be subject to cost recovery of all funds expended by the
State of Utah.

After 2021, a Certified PST Consultant must perform any PST release management,
abatement, investigation, or corrective action as outlined in Utah Admin. Code R311-201-2.

Facility ID# 6001029
Page 3
If you have questions or concerns, please contact Liberty Coe, the DERR project manager,
at [phone].

Sincerely,

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

BHE/LC/rr

cc: Jeremy Roberts, Environmental Health Director, Southwest Utah Public Health Department
Paul Wright, District Engineer, Utah Department of Environmental Quality
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The Border Store
ATTN : Patrick Do c kstader
PO Bo x 2763
Hilda l e, UT 84784
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