DERR-2024-011559

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
ERRP-326-24
October 22, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John Delapp
Swire Coca-Cola
12634 South 265 West
Draper, Utah 84020
Re:Notice of Non-Compliance for Petroleum Storage Tank Violations
Swire Coca Cola, located at 12634 South 265 West, Draper, Utah
Facility Identification No. 4002647
Dear Mr. Delapp:
The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or
operator of a facility having petroleum storage tanks (PSTs). 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 two PSTs and is located at
12634 South 265 West, Draper, Utah. The designated Facility Identification Number is 4002647.
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 a copy of a current (performed in the last 12 months) precision line tightness
test for the product lines associated with PSTs #1 & #2.
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 PST fails to register
the tank or fails to pay fees within 60 days of due date, and to assess interest on the unpaid
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
Facility ID# 4002647
Page 2
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 you have any questions, please contact David Wilson, the DERR project manager, at
[phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/DJW/tt
cc: Dorothy Adams, Executive Director, Salt Lake County Health Department
Ron Lund, Environmental Health Director, Salt Lake County Health Department
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