DSHW-2024-009515

From: Brett Cox <[e-mail]>
Date: Mon, Dec 9, 2024 at 9:38 AM
Subject: Hi Valley Chemical - Centerville, Utah
To: Jasin Olsen <[e-mail]>
Jasin,
In response to the request of the Utah DEQ / DWMRC, please see the attached draft of an Environmental Covenant for the Hi
Valley Chemical location in Centerville, Utah.
Feel free to reach out to us if you have any questions or comments.
We await your response.
Best Regards,
Brett
Brett E Cox
President / Senior Scientist
EarthTouch, Inc.
3135 North Fairfield Road
Layton, Utah 84041
T: 801.771.2800 ext 101
F: 801.771.2838
M. 801.381.5217
This e-mail and any information and/or attached files transmitted with it are the property of EarthTouch, Inc. and may contain
privileged or confidential information intended solely for the addressee. If you have received this e-mail by mistake, please
notify the sender by e-mail reply and delete this e-mail from your system. Retaining, forwarding, copying, circulating, or taking
any action in reliance upon the contents of this e-mail by an unintended recipient is prohibited and may be unlawful. If you
received this e-mail in error, you may not copy or disclose the contents of this e-mail to anyone. Although this e-mail and any
attachments are not known to the company to contain viruses, worms, or other electronic bugs; EarthTouch, Inc. accepts no
liability for any damage that may be caused by the transmission of this e-mail.
12/10/24, 10:15 AM
https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzQXKWpSBKKXVJwNlrZTqhPfNbKq 1/1
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 1
To be recorded with the Davis County
Recorder – Utah Code Ann § 57-25-108
When Recorded Return To:
HVC Properties, LLC
1134 West 850 North (Street)
Centerville, Utah 84014
With Copy To:
Douglas J. Hansen, Director
Utah Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
ENVIRONMENTAL COVENANT
1.This Environmental Covenant is made pursuant to the Utah Uniform
Environmental Covenants Act, Utah Code Ann. Section 57-25-101, et seq. (the Act).
HVC Properties, LLC, as Owner and Grantor, make and impose this Environmental
Covenant upon the Property more particularly described in Exhibit A attached hereto
(the Property).
2.Notice. Notice is hereby given that the Property is or may be contaminated with
hazardous waste, hazardous constituents, or solid waste, and therefore this
Environmental Covenant is imposed to mitigate the risk to human health, safety and the
environment.
3.Property. This Environmental Covenant concerns a 1.073-acre tax parcel
(Parcel No.: 06-006-0034) owned by HVC Properties, LLC and located at 1134 West
850 North (Street) in the city of Centerville, (Davis County), Utah, and more particularly
described in Exhibit A attached hereto and hereby incorporated by reference herein
(Property).
4.Environmental Response Project. The “environmental response project” is
referred to as Hi Valley Chemical, Inc. An inspection of the Property by the Utah
Department of Environmental Quality (DEQ), Division of Waste Management &
Radiation Control (DWMRC) identified 55-gallon drums, ±300-gallon totes, aboveground
storage tanks (ASTs), and other multi-gallon containers of acids, bases, toluene, methyl
isobutyl ketone (MIBK), methyl ethyl ketone (MEK), metals, and materials/substances
such as soaps/degreasers for car polishes, car washes, and carpet/floor cleaning
products. Areas of concern identified included a mixing room in the northwestern part of
the office/warehouse, material storage yard and adjacent areas on the northwestern
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 2
part of the Property, a sump on the north-central part of the Property within an asphalt-
covered area of the material storage yard that discharged to Parrish Creek, and the
embankment of Parrish Creek immediately downstream of the outfall of the sump.
An investigation of the Property identified arsenic, chromium, lead, and bis(2-ethylhexyl)
phthalate (DEHP)] in groundwater at concentrations above the Regional Screening
Levels (RSLs) of the US Environmental Protection Agency (EPA). In addition, the
detected concentration of arsenic in a sludge sample from an exterior sump in a
material storage area exceeded the RSL.
Following the investigation, the sludge in the sump was removed and disposed at a
permitted facility; the sump was decommissioned and closed; and the outfall from the
sump to Parrish Creek was temporarily plugged.
A risk assessment was performed for the Facility using the soil and groundwater data
collected during the site investigation. Data collected from the site investigation were
compared to the industrial/commercial worker RSLs with a target cancer risk (TR) of 1E-
06 and target non-cancer hazard index (HI) of 1. The 95% upper confidence limit (UCL)
on the mean concentration of each contaminant detected in soil and groundwater
samples was calculated using the ProUCL software program. The UCLs were used to
derive the cumulative cancer risk and non-cancer hazard index for each media.
The cancer risk for industrial/commercial workers for the contaminant concentrations in
soil at the site was determined to be 3E-07 and the non-cancer hazard index was
calculated to be 0.1. The U.S. EPA indoor worker vapor intrusion screening level (VISL)
calculator was also utilized to calculate the risk associated with vapor intrusion at the
site for the industrial/commercial worker. The calculated cancer risk from vapor intrusion
at the site was 9E-08 and the hazard index was 0.002. The cumulative risk for
industrial/commercial workers was calculated to be 4E-07 and the total HI was 0.2,
which are below the TR of 1E-06 and the HI of 1.
Based on the zoning of the site the risk assessment did not evaluate the residential use
scenario. In addition, the risk assessment determined that the reported concentrations
of hexavalent chromium (Cr6+) in soil exceeded the ‘Protection of Groundwater Soil
Screening Level’ (SSL) when applying a default 20:1 Dilution Attenuation Factor (DAF).
5.Administrative Record. The administrative records for Hi Valley Chemical, Inc.
are maintained and managed by the Utah Department of Environmental Quality,
Division of Waste Management and Radiation Control.
6.Grantor. HVC Properties, LLC is the Grantor of this Environmental Covenant.
The Grantor of this Environmental Covenant is also identified as the Owner as defined
in Paragraph 7.
7.Owner. An Owner is any person who holds any interest in the Property,
including, without limitation, the owner of the fee simple estate, any assign, successor in
interest, mortgagee, lender, easement holder, lessee, and any other person or entity
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 3
who acquires any interest whatsoever in the Property, or any portion thereof, whether or
not any reference to this Environmental Covenant or its provisions are contained in the
deed or other conveyance instrument, or other agreements by which such person or
entity acquires its interest in the Property or any portion thereof. A person who is a
Holder under this Environmental Covenant but who holds no other interest in the
Property is not an Owner.
8.Transfer of Obligations. Except as provided in this Environmental Covenant,
when the Owner of the fee simple estate transfers that estate to a Transferee, the
Owner’s obligations under this Environmental Covenant transfer to the Transferee, who
then becomes an Owner. When the Owner of the fee simple estate transfers a lesser
interest, or when an Owner who holds a lesser interest transfers that lesser interest or
any portion thereof, the Owner’s obligations under this Environmental Covenant
continue, and the Transferee acquires the same obligations to the extent of the interest
it acquires. Notwithstanding the foregoing, nothing herein shall relieve an Owner of an
interest in the Property of its responsibilities to comply with the terms hereof and all
other provisions of applicable law or of responsibility for its failure to comply during the
time it held an interest in the Property.
9.Transferee. The Transferee is a person to whom an Owner transfers the
Owner’s obligations under this Environmental Covenant. A Transferee is any assign,
successor in interest, including without limitation a future owner of an interest in fee
simple, mortgagee, lender, easement holder, lessee, and any other person or entity who
acquires any interest whatsoever in the Property, or any portion thereof, whether or not
any reference to this Environmental Covenant or its provisions are contained in the
deed or other conveyance instrument, or other agreements by which such person or
entity acquires its interest in the Property or any portion thereof. When a transfer
occurs, the Transferee becomes an Owner.
10.Should residential use be authorized under this Environmental Covenant, the
definitions of “Owner” and “Transferee” do not include a residential tenant.
11.Holder. HVC Properties, LLC is the Holder of this Environmental Covenant.
12.Rights and Obligations of Holder. The Holder may enforce this Environmental
Covenant. The Holder’s obligations hereunder are limited to the specific provisions and
the limited purposes described in this Environmental Covenant. Subject to the
provisions hereof, The Holder’s rights and obligations survive the transfer of the
Property.
13.Agency. The Utah Department of Environmental Quality (DEQ) is the Agency
(as defined in the Act) under this Environmental Covenant. The Utah DEQ may enforce
this Environmental Covenant. The Utah DEQ assumes no affirmative duties through
the execution of this Environmental Covenant. The Director of the Division of Waste
Management and Radiation Control is the Utah DEQ representative for this
Environmental Covenant.
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 4
14.Activity and Use Limitations. As part of the environmental response project
described above, Grantor hereby imposes the following activity and use limitations:
Land Use Limitations. Land use is restricted to commercial and industrial purposes and
consistent with the Industrial / High-intensity (I-H) zoning requirements of the city of
Centerville, which ‘…provides areas for uses involving processing and assembly of
manufactured goods, warehousing, and material storage.’
Ground Water Limitations. In order to be protective of exposure to impacted
groundwater at the Property, installing any well for the purpose of extracting
groundwater, except for investigating or mitigating contamination, is prohibited.
Groundwater at the Property would not be extracted or used for purposes not
specifically allowed by the Utah DEQ.
Maintain Protective Barriers. With the exception of a roughly 20-foot-wide landscape
strip along the western edge, the Property is capped by concrete and asphalt. To
minimize stormwater and surface water infiltration to the subsurface, the concrete and
asphalt (hard-scape) surfaces of the Property will be maintained.
Soil Removal Limitations. No excavation of soil at depths greater than three (3) feet bgs
would take place at the Property without prior contaminant characterization. Any
contaminated soil brought to the surface by excavating or trenching, would be reported
to the Utah DEQ and managed by the Owner in accordance with applicable provisions
of state and federal law.
15.Notice of Breach. If any event or action by or on behalf of a person or entity who
holds an interest in or holds an encumbrance on the Property constitutes a breach of
the activity and use limitations, the Owner shall notify the Director within 30 days of
becoming aware of the event or action, and shall remedy the breach of the activity and
use limitations within 60 days of becoming aware of the event or action, or such other
time frame as may be agreed to by the Owner and Director.
16.Running with the Land. This Environmental Covenant shall be binding upon the
Owner[s] and all assigns and successors in interest, including any Transferee, and shall
run with the land, pursuant to Utah Code Ann. § 57-25-105, subject to amendment or
termination as set forth herein.
17.Compliance Enforcement. Compliance with this Environmental Covenant may
be enforced pursuant to Utah Code Ann. § 57-25-111. Failure to timely enforce
compliance with this Environmental Covenant or the activity and use limitations
contained herein by any party shall not bar subsequent enforcement by such party and
shall not be deemed a waiver of the party’s right to take action to enforce correction of
any non-compliance. Nothing in this Environmental Covenant shall restrict the Director
from exercising any authority under applicable law.
18.Rights of Access. Grantor hereby grants to the Utah DEQ, all Holders, City of
Centerville, and Davis County Health Department the right of access to the Property for
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 5
necessary response actions, inspections, and implementation or enforcement of this
Environmental Covenant.
19.Compliance Reporting. Upon request from the Director, Owner or any
Transferee shall submit to the Director and Davis County Health Department written
documentation verifying that the activity and use limitations remain in place and are
being complied with. If such limitations do not remain in place, are not being complied
with, or both, the Owner or any Transferee shall explain the circumstances.
20.Notice upon Conveyance. Owner shall notify the Agency and Holder within 20 days
after each transfer of ownership of all or any portion of the Property. Owner’s notice to the
Agency and Holder shall include the name, address and telephone number of the
Transferee, a copy of the deed or other documentation evidencing the conveyance, and an
unsurveyed plat that shows the boundaries of the property being transferred. Instruments
that convey any interest in the Property (fee, leasehold, easement, encumbrance, etc.) shall
include a notification to the person or entity who acquires the interest that the Property is
subject to this Environmental Covenant and shall identify the date, entry no., book and page
number at which this document is recorded in the records of the Davis County Recorder, in
the State of Utah. Failure to provide notification shall have no effect upon the enforceability
and duty to comply with this Environmental Covenant.
21.Representations and Warranties. Grantor hereby represents and warrants to the
other signatories hereto:
that the Grantor is the sole owner of the Property;
that the Grantor holds a Warranty Deed to the Property;
that the Grantor has the power and authority to enter into this Environmental
Covenant, to grant the rights and interests herein provided, and to carry
out all obligations hereunder;
that the Grantor has identified all other persons who own an interest in or hold an
encumbrance on the Property and notified such persons of the Owner’s
intention to enter into this Environmental Covenant; and
that this Environmental Covenant will not materially violate or contravene or
constitute a material default under any other agreement, document or
instrument to which Grantor is a party or by which Grantor may be bound
or affected.
22.Amendment or Termination. This Environmental Covenant may be amended or
terminated pursuant to the Act. Except as set forth herein, Grantor and Holder waive
any and all rights to consent or notice of amendment concerning any parcel of the
Property to which Grantor or Holder has no fee simple interest at the time of
amendment or termination. Nothing in this Environmental Covenant shall be interpreted
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 6
to mean that the Director waives the right to consent to or notice of amendment or
termination of this Environmental Covenant.
23.Effective Date, Severability, and Governing Law. The effective date of this
Environmental Covenant shall be the date upon which the fully executed Environmental
Covenant has been recorded as a document of record for the Property with the Davis
County Recorder. If any provision of this Environmental Covenant is found to be
unenforceable in any respect, the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired. This Environmental Covenant
shall be governed by and interpreted in accordance with the laws of the State of Utah.
24.Recordation and Distribution of Environmental Covenant. Within 30 days after
the date of the final required signature upon this Environmental Covenant, Owner shall
file this Environmental Covenant for recording, in the same manner as a deed to the
Property, with the Davis County Recorder’s Office. The Owner shall distribute a file-and
date-stamped copy of the recorded Environmental Covenant to: the Director; City of
Centerville, Davis County Health Department, and High Valley Products, Inc. (lessee).
25.Notice. Unless otherwise notified in writing by or on behalf of the current owner
or the Director, any document or communication required by this Environmental
Covenant shall be submitted to:
If to the Director:
Douglas J. Hansen, Director
Utah Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, Utah 84114-4880
If to HVC Properties, LLC:
Jill Nay
HVC Properties, LLC
1134 West 850 North (Street)
Centerville, Utah 84104

26.Governmental Immunity. In approving this covenant, the Agency does not waive
governmental immunity afforded by law. The Grantor, Owner, and Holder, for
themselves and their successors, assigns, and Transferees, hereby fully and
irrevocably release and covenant not to sue the State of Utah, its agencies, successors,
departments, agents, and employees (State) from any and all claims, damages, or
causes of action arising from, or on account of the activities carried out pursuant to this
Environmental Covenant except for an action to amend or terminate the Environmental
Covenant pursuant to Sections 57-25-109 and 57-25-110 of the Utah Code Ann. or for a
claim against the State arising directly or indirectly from or out of actions of employees
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 7
of the State that would result in (i) liability to the State of Utah under Section 63G-7-301
of the Governmental Immunity Act of Utah, Utah Code Ann. Section 63G-7-101, et seq.
or (ii) individual liability for actions not covered by the Governmental Immunity Act as
indicated in Sections 63G-7-202 and -902 of the Governmental Immunity Act, as
determined in a court of law.
27.Payment of Agency’s Costs. Consistent with the Act and other applicable law,
the Owner, if invoiced, shall reimburse the Utah DEQ for the Utah DEQ’s costs related
to this Environmental Covenant. The invoice may be based on actual costs incurred by
Agency or on the fee schedule approved by the legislature or both as applicable.
28.The undersigned Grantor represents and certifies that she is authorized to
execute this Environmental Covenant.
HVC Properties, LLC;
a Utah Limited Liability Company
as Grantor, Owner, and Holder
_______________________________
Jill Nay _______________
Date
State of Utah )
) ss:
County of Davis )
Before me, a notary public, in and for said county and state, personally appeared
___________________________, a duly authorized representative
of_____________________, who acknowledged to me that she/he/they did execute the
foregoing instrument on behalf of _____________.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official
seal this______day of__________ 20___.
___________________________________________
Notary Public
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 8
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
On behalf of the Utah Department of Environmental Quality, the Director of the
Division of Waste Management and Radiation Control approves the foregoing
Environmental Covenant pursuant to Utah Code Ann. Sections 57-25-102(2) and 57-25-
104(1)(e).
__________________________________
Douglas J. Hansen, Director
Division of Waste Management and Radiation
Control
_______________
Date
State of Utah )
) ss:
County of Salt Lake )
Before me, a notary public, in and for said county and state, personally appeared Ty L.
Howard, Director of the Utah Division of Waste Management and Radiation Control,
who acknowledged to me that he did execute the foregoing instrument.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official
seal this_____day of_____________, 20 .
___________________________________________
Notary Public
DRAFTEnvironmental Covenant
HVC Properties, LLC / High Valley Products, Inc.
Page 9
[NAME OF HOLDER]
__________________________________
Signature of Holder
Printed Name and Title
_______________
Date
State of ____________________)
) ss:
County of___________________)

Before me, a notary public, in and for said county and state, personally appeared
__________, a duly authorized representative of_________________, who
acknowledged to me that [he/she] did execute the foregoing instrument on behalf of
_____________.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official
seal this_______day of__________________, 20___.
____________________________________________
Notary Public
This instrument prepared by:
[name, address]
EXHIBIT A
Property Description
Adjusted Parcel
Parcel No.: 06-006-0034
Boundary Description
A part of the Northeast Quarter (1/4) of Section 12, Township 2 North, Range 1 West, of
the Salt Lake Base & Meridian (SLB&M):
Beginning at a Point being located South 00º21’44” West 525.04 feet (Utah North
N.A.D. 83 State Plane Bearing) and North 90º00’00” West 550.23 feet and North
88º57’57” West 283.40 feet from the Northeast Corner of said Section 12; running
thence South 00º31’47” East 262.93 feet to the North right-of-way line of 850 North
Street; thence along said North right-of-way line South 89º33’01” West 178.96 feet;
thence North 00º36’20” East 267.47 feet; thence South 88º57’57” East 173.73 feet to
the Point of Beginning.
Containing 1.073 acres, more or less.