DSHW-2024-008752

October17, 2024
CERTIFIED MAIL
XXXX XXXXXXXXXXXXXXXXCory Waters
440 North 400 West
Richfield UT 84701
RE:Warning Letter – Follow-Up to Compliance Advisory No. 2403036Compliance Evaluation Inspection of 1642 South Annabella Road, Sevier County, Utah
Dear Mr. Waters:
This warning letter is being sent to your attention because, according to the Division of Waste Management and Radiation Control (Division) records, you (Respondent) are the designated
contact person for the property located at 1642 South Annabella Road, Sevier County, Utah(Annabella Road property). On May 14, 2024 Compliance Advisory No. 2403036 (DSHW-2024-004546)
(compliance advisory letter) was mailed to 440 North 400 West, Richfield, UT 84701. The compliance advisory letter addressed concerns of a potential illegal landfill being operated
at the Annabella Road property. The compliance advisory letter identified different types of waste on the property that include construction and demolition waste, waste asphalt, waste
media, and treated wood. The compliance advisory letterrequested the property owner/representative (respondent) to respond within 30 days of its issuance. The respondent was requested
to demonstratethe different qualifying waste types:
Do not cause a hazard to human health or the environment or cause a public nuisance per Utah Admin. Code R315-301-4(4)(a);
Is undergoing treatment processes or methods that constitute recycling compliant to Utah Admin. Code R315-315-9;
Have been evaluated according to methods described in Utah Admin. Code R315-262-11 and meet the requirements classified as non-hazardous;
Have undergone detailed chemical and physical analysis of a representative sample of the waste according to the methods described in Utah Admin. Code R315-264-13 to determine if the
waste is hazardous;
Are not to be illegally disposed of on the property by burial or other illegal means; and/or
Are being removed from the property and disposed of a properly permitted facility. This action includes, but is not limited to, photographs demonstrating the waste is being removed
from the property and documentation that the waste has been disposed of at a properly permitted facility.
As of the issuance of this warning letter the Division has not received aresponse by email, letter, or phone from the respondent addressing the items contained in the compliance advisory
letter. On September 28, 2024 a representative (inspector) of the Division of Waste Management and Radiation Control (Division) conducted a follow-up inspection on the property and
was accompanied by representatives from the Central Utah Health Department. The inspector determined that little, if any, waste has been removed from the property since the initial
inspection on January 8, 2024 (initial inspection). Moreover, the accumulation of additional appliances and other metal waste were documented on this visit that were not observed during
the initial inspection. This observation does not denote the absence of this waste during the initial inspection.Photos and descriptions are included in this document.
Within 15 days of the date of this warning letter, please submit a written response that this warning letter has been received by the respondent and efforts are being madeto address
the items requested in the attached compliance advisory letter to the Director.
Within 30 days of the date of this warning letter, please submit the requested documentation regarding each compliance issue and associated corrective actions contained in the attached
Compliance Advisory No. 2403036 (DSHW-2024-004546) to the Director.
All information regarding corrective actions relating to this matter should be addressed to the Director at:Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O.
Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
If the Respondent’s response is submitted by email, please confirm submission by receipt of an autoreply email. DO NOT submit any documents or information through email that are confidential,
proprietary, or for which the Respondent claims business confidentiality under Utah Code § 63G-2-304. To better protect confidential or protected records, all such documents and information
must be submitted in paper form, using the U.S. Mail address above.
If the Respondent demonstrates that it has taken appropriate corrective actions regarding the matters addressed in this warning letter and the compliance advisory letter, the Director
will issue a close out letter and will consider this matter to be closed. In that event, the Director will forbear seeking penalties arising from the apparent violations.
However, if the Respondent fails to demonstrate appropriate corrective actions within the 30-day timeframe, the Director will consider taking escalated enforcement actions, including
seeking penalties pursuant to Utah Code § 19-6-113(2). In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions, will become part
of the Respondent’s compliance record and may be considered in connection with future enforcement matters.
If you have any questions, please contact Bryan Watt at [phone].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/BW/[???]
Enclosure: Compliance Advisory No. 2403036 (DSHW-2024-004526)
c:Nathan Selin,Health Officer, Central Utah Public Health Dept.
Eric Larsen, Environmental Health Director, Central Utah Public Health Dept.
John Chartier, P.E., UDEQ District Engineer
David Anderson, Zoning Administrator/Deputy Clerk, Richfield City, UT ([e-mail])
Trevor Peterson, Inspector, Sevier County, UT ([e-mail])
Jason Bagley, Environmental Health Scientist, Sevier County Health Department ([e-mail])
Inspection Photos
January 8th and September 28th, 2024
Construction and Demolition Waste (C&D Waste)
Figure 1. C&D waste piles. Photo taken on 01/08/2024.
Figure 2. C&D waste piles. Photo taken on 09/28/2024. Compare to Figure 1.
Figure 3. C&D waste piles. Photo taken on 01/08/2024.
Figure 4. C&D waste piles. Photo taken on 09/28/2024. Compare to Figure 3.
Waste Asphalt

Figure5. Waste asphalt piles. Photo taken on 01/08/2024.
Figure6. Waste asphalt piles. Photo taken on 09/28/2024. Compare to Figure 5.
Figure7. Waste asphalt piles. Photo taken on 01/08/2024.
Figure 8. Waste asphalt piles. Photo taken on 09/28/2024. Compare to Figure 7.Figure 9. Rows of waste asphalt/soil mix. Photo taken on 01/08/2024.
Figure 10. Rows of waste asphalt/soil mix. Photo taken on 09/28/2024. Compare to Figure 9.
Waste Media
Figure 11. Photo of green waste media with orange paint flecks. Photo taken on 01/28/2024.
Figure 12. Photo of green waste media with orange paint flecks. Photo taken on 09/28/2024. Compare to Figure 11.
Figure 13. Photo of green waste media pile. Photo taken on 01/08/2024.
Figure 14. Photo of green waste media piles. Photo taken on 09/28/2024.Note that second pile has been added since initial inspection. Compare to Figure 13.Figure 15. Photo of scattered
green waste media. Photo taken on 01/08/2024.
Figure 16. Photo of scattered green waste media. Photo taken on 09/28/2024. Compare to Figure 15.
Treated Wood
Figure 17. Photo of treated and untreated wood. Photo taken on 01/08/2024.
Figure 18. Photo of treated and untreated wood. Photo taken on 09/28/2024. Compare to Figure 17.
Figure 19. Photo of treated wood, untreated wood, metals, and other waste. Photo taken on 01/08/2024.
Figure 20. Photo of treated wood, untreated wood, metals, and other waste. Photo taken on 09/28/2024. Compare to Figure 19.Additional Waste
Figure 21. Additional appliances. Photo taken on 01/08/2024.
Figure 22. Metals, treated and untreated wood, additional appliances, and other waste. Photo taken on 09/28/2024.
Figure 23. Metals, treated and untreated wood, additional appliances, and other waste. Photo taken on 09/28/2024.