DAQ-2024-011288

Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DTVISION OF AIR QUALITY
Bryce C. Bird
Difector
State
SPENCER J. COX
Goventor
DEIDRE HENDERSON
Lieutenant Goventor
Juty37,2024 DAQC-712-24
Site ID ts792 (Bt)
Sent Via Certified Mail No. 70190700000208347099
Brian Alba, Operations Manager
Intermountain Regional MSW Landfill
800 South Allen Ranch Road
Fairfield, UT 84013
ROC Fund Landfill Holdings, LLC
P.O. Box 1889
Salt Lake city, uT 841l0-1889
ROC Fund Landfill Holdings, LLC
1220 North 500 West, Suite 102
Lehi, UT 84043-1107
Sent Via Certified Mail No. 70190700000208347044
Robert Richards
Registered Agent
1220 North 500 West
Lehi, UT 84043
Dear Mr. Alba and Mr. Richards:
Notice of Violation and Order to Comply - Title V Operating Permit # 4900334002, dated
December 20,2023, and revised February 28,2024 -Utah County
On May 20,2024, a representative of the Director of the Utah Division of Air Quality (DAQ)
conducted an air quality inspection of the Intermountain Regional MSW Landfill, located at 800
South Allen Ranch Road, Fairfreld, Utah County and operated and owned by ROC Fund Landfill
Holdings, LLC (ROC Fund). At the time of inspection, it was determined that the ROC Fund was
195 North 1950 West. Salt Lake City, UT
Mailing Address: P.O. Box 144820. Salt Lake City, UT 841144820
Telephone [phone]. Fax [phone]. T.D.D. [phone]
ww.deq.uluh.gov
Printed on 100% recycled paper
Re:
DAQC-712-24
Page2
in violation of condition LL.1 of the Title V Operating Permit # 4900334002, dated December 20,
2023, and revised February 28,2024 (Operating Permit), regarding annual compliance
certifications, and condition I.S.2.c of the Operating Permit, regarding deviation reports at its
Intermountain Regional MSW Landfill.
The enclosed Notice of Violation and Order to Comply is based on the findings documented by
the inspector. The Order is effective on the date of issuance, which is the date it was signed and
dated. Compliance with the Order is mandatory and will not relieve the company of liability for
any past violations. To request a formal administrative hearing, the procedures detailed in the
paragraph entitled "Compliance, Opportunity for a Hearing" must be followed.
The Order requires ROC Fund to submit written notification of its intent to comply, outlining
how, and when compliance will be achieved to the DAQ in writing on or before the 15th day after
receipt of this Order. Questions regarding this matter may be directed to Joe Rockwell at
(385) 226 -373 8 or j rockwell@utah. gov.
When responding, refer to the DAQC number in the upper right corner of this letter.
Sincerely,
,4d
Bryce C. Bird
Director
BCB:JPR:rh
Enclosure: Notice of Violation and Order to Comply
cc: Kimberly D. Shelley, Executive Director, Department of Environmental Quality
Salt Lake County Health Department
DAQC-712-24
Page 3
The Utah Division of Air Quality
ooOoo
ln the Matter of
ROC Fund Landfill
Holdings, LLC
(lntermountain Regional
MSW Landfill)
No.202407 16004
ooOoo
This Notice of Violation and Order to Comply is issued by the Director of the Utah Division of Air
Quality (DAO) pursuant to the Utah Air Conservation Act (Act) Section 19-2-101, et seq., Utah
Code Annotated 1953, as amended. The Director is authorized to issue Notices of Violation
pursuant to Section 19-2-110 of Utah Code Annotated. The Director has the authority to issue
Orders in accordance with Section 19-2-107(2)(a)(xiii) and 19-2-1 10(1) of the Utah Code
Annotated.
Findings:
1. ROC Fund Landfill Holdings, LLC (ROC Fund) owns and operates lntermountain
Regional MSW Landfill - a municipal solid waste landfill, located at 800 South Allen
Ranch Road, Fairfield, in Utah County.
2. lntermountain Regional MSW Landfill is subject to Title V Operating Permit
# 4900334002, dated December 20, 2023, and revised February 28, 2024 (Operating
Permit) issued to ROC Fund by the DAQ.
3. The Operating Permit contains provisions for the annual compliance certification reports
and deviation reports as required by Utah Administrative Code (UAC) R307-415-6c(5)
and R307-41 5-6a(3)(c)(ii).
Notice of Violation
and Order to Comply
DAQC-712-24
Page 4
4. ROC Fund is required to comply with the conditions of the Operating Permit at the
lntermountain Regional MSW Landfill.
5. Condition LL.1 of the Operating Permit states that the annual compliance certification
report shall be submitted by March 30 of every calendar year. Condition l.S.2.c of the
Operating Permit states that deviations shall be reported promptly (within 14 days).
6. On May 20,2024, a representative of the Director, Joe Rockwell, conducted an inspection
of the lntermountain Regional MSW Landfill and documented that annual compliance
certification reports and deviation notices were not submitted on or before their required
due dates.
7. The annual compliance certification report was submitted on May 21,2024 - almost two
months past the deadline prescribed by the Operating Permit.
B. The deviation report has never been submitted to DAQ to date.
Violations:
Based on the foregoing Findings, ROC Fund is in violation of:
1. Condition 1.L.1 of the Operating Permit, for not submitting the required annual compliance
certification report, for the reporting period of March 31,2023, through March 30,2024, on
or before the due date of March 30,2024.
2. Condition LS.2.c of the Operating Permit, for not submitting the required deviation report
regarding late submittal of the required annual compliance report, for the reporting period
of March 31,2023, through March 30,2024.
DAQC-712-24
Page 5
Order:
Based on the foregoing Findings and Violations, ROC Fund, pursuant to Sections
19-2-107(2)(a)(xiii), 19-2-110(1), and 19-2-120 of the Utah Code Annotated and Condition 1.C.3
of the Operating Permit, is hereby ordered to:
1. lmmediately initiate all actions necessary to achieve total compliance with all applicable
provisions of the Act, the applicable rules in the Utah Administrative Code, and the
conditions of its Operating Permit.
2. Notify this office in writing on or before the 1Sth day after receipt of this letter, of ROC
Fund's intent to comply with this Order and indicate how compliance is to be achieved at
the lntermountain Regional MSW Landfill.
Compliance, Opportunity for a Hearing:
This Order is effective on the date of issuance, which is the date it is signed and dated. Both the
Notice of Violation and the Order shall become final unless ROC Fund requests, in writing, a
hearing within thirty (30) days after issuance of this Notice pursuant to Utah Code Annotated 19-
1-301 and Utah Admin. Code R305-7, Part 3. Section 19-2-115 of the Utah Code Annotated
provides that violators of the Utah Air Conservation Act and/or any Order issued thereunder may
be subject to a civil penalty of up to $10,000.00 per day for each violation.
Dated 30th day of .l,ty 2024.
,4.2>l
Bryce C. Bird, Director
Utah Division of Air Quality
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