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Home My WebLink AboutDERR-2024-012683 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144810 • Salt Lake City, UT 84114-4810 Telephone (801) 536-0095 • T.D.D. (801) 536-4284 www.deq.utah.gov Printed on 100% recycled paper State of Utah Department of Environmental Quality Kimberly D. Shelley Executive Director Ty L. Howard Deputy Director SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor December 4, 2024 Utah School and Institutional Trust Lands Administration c/o Eric Baim 102 South 200 East, #600 Salt Lake City, Utah 84111 Re: Enforceable Written Assurance Letter – Grantsville Soil Conservation Property Located along UT-112, Grantsville, Tooele County, Utah Property Parcel ID#s: 01-130-0-0018, 01-131-0-0003, 01-131-0-0001 and 14-042-0-0005 Dear Mr. Baim: Introduction This letter is issued pursuant to Utah Code Section 19 -6 -326 and Utah Admin. Code Rule 311-600 concerning real property (Property) that Utah School and Institutional Trust Lands Administration (Applicant) intends to acquire. The Property, approximately 801.38 acres, is located in Grantsville, Tooele County, Utah, as described in the above reference line. The Applicant submitted an Enforceable Written Assurance Application and supplemental associated documents for the Property (Application) to the Utah Department of Environmental Quality (DEQ). The DEQ has reviewed the Application and has no additional comments or questions. Applicant’s Representations 1. The Applicant represents that it has satisfied the “all appropriate inquiry” requirements in 42 United States Code Section 9601(40) and Utah Code Section 19-6-302(2). The Applicant represents that the Application fully discloses the results of the Applicant’s inquiry. 2. The Applicant represents that it has not caused or contributed to any environmental contamination on the Property. 3. The Applicant represents that based on the data and information available, the Applicant is sufficiently informed to take Reasonable Steps to prevent or limit exposure to contaminants that may be present on the Property. Specifically, the Applicant represents that it will comply with the attached letter, dated November 26, 2024, provided by the Division of Waste Management and Radiation Control (DWMRC). Page 2 4. The Applicant represents that it will comply with Rule 311-600 and will stop any continuing releases, will prevent any threatened future releases, will prevent or limit human, environmental or natural resource exposure to earlier releases, will cooperate and provide access to persons authorized to investigate and take response actions on the Property, and will implement institutional controls. 5. The Applicant acknowledges that it is solely responsible for the representations above and in the Application and that the DEQ has not conducted an independent analysis or verification of the Applicant’s representations. Enforceable Written Assurance This letter constitutes an Enforceable Written Assurance that no enforcement action regarding the Property will be initiated by the DEQ against the Applicant under the Utah Hazardous Substances Mitigation Act, Section 19 -6 -301 et seq., and that the Applicant is protected from contribution and cost recovery claims as described in Section 19 -6-326. This Enforceable Written Assurance is contingent upon: 1. The Applicant's compliance with the representations above, the Application, and the attached letter, dated November 26, 2024, provided by the DWMRC. As stated in the letter, the Applicant shall execute and record with the Tooele County Recorder an Environmental Covenant restricting groundwater use at the Property; 2. The Applicant’s compliance with the ongoing requirements imposed in Rule 311-600 and in Section 19 -6 -302 on a bona fide prospective purchaser; 3. The Applicant’s full disclosure and accuracy in making the representations above and in the Application; and, 4. The Applicant’s payment of outstanding DEQ costs in excess of the application fee. The Applicant will be billed for any outstanding costs under separate cover. Should there be any questions regarding this letter, please contact David Bird, the Division of Environmental Response and Remediation project manager, at (801) 536 -4100. Sincerely, Kimberly D. Shelley Executive Director Enclosure: DWMRC letter cc: Jeff R. Coombs, M.P.H., Director, Tooele County Health Department Bryan Slade, Environmental Health Director, Tooele County Health Department Paige Walton, Division of Waste Management and Radiation Control Kimberlee McEwan, Utah Attorney General’s Office DSHW-2024-009205 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone (801) 536-0200 • Fax (801) 536-0222 • T.D.D. 711 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 WASTE MANAGEMENT AND RADIATION CONTROL Douglas J. Hansen Director November 26, 2024 Michelle E. McConkie, Director Utah School and Institutional Trust Lands Administration 102 South 200 East, Suite #600 Salt Lake City, UT 84111 RE: Comfort Letter – SITLA Grantsville Soil Conservation Property Dear Ms. McConkie: On April 16, 2024, I received a letter from Wasatch Environmental, Inc. (Wasatch) on behalf of the Utah School and Institutional Trust Lands Administration (SITLA) requesting a Comfort Letter from the Division of Waste Management and Radiation Control (the Original Request). As the Director of the Division of Waste Management and Radiation Control, I initially issued a Comfort Letter to SITLA on May 14, 2024 (DSHW-2024-005924), which I revoked on May 24, 2024 (DSHW-2024-006443). I issued a revised Comfort Letter to SITLA on June 5, 2024 (DSHW-2024-006530), which, on September 30, 2024, Wasatch requested I revoke on SITLA’s behalf. I understand the basis for the request to revoke to be a discrepancy between the acreage listed in the Original Request and the acreage determined through a land survey conducted after I issued the revised Comfort Letter. I revoked the revised Comfort Letter on October 15, 2024 (DSHW-2024-008468). On October 29, 2024, I received a new request from Wasatch on SITLA’s behalf requesting a Comfort Letter from the Division of Waste Management and Radiation Control (the New Request). The New Request concerns an approximately 801.38-acre tract of real property, Parcel ID Nos. 01-130-0-0018, 01-131-0-0001, 01-131-0-0003, and 14-042-0-0005 in Grantsville City, Tooele County, Utah (hereafter, the Property). I now issue this Comfort Letter based upon the information contained in the New Request concerning the Property and SITLA’s relationship to the Property, including the certifications, agreements, and representations made in the New Request (DSHW-2024-008966). Moreover, and as a condition of this Comfort Letter, SITLA shall execute and record with the Tooele County Recorder an Environmental Covenant restricting groundwater use at the Property. (Over) Page 2 of 3 I do not anticipate requiring SITLA to become a permittee under the Utah Solid and Hazardous Waste Act, Utah Code Section 19-6-101 et seq. (the Act), nor do I anticipate taking enforcement action against SITLA concerning contamination in groundwater beneath the Property. I may initiate enforcement proceedings or take other action in accordance with Utah law if circumstances at the Property change or if additional information not included in the New Request makes such action appropriate. Through the New Request, SITLA provided a legal description of the Property. SITLA represented that Grantsville Soil Conservation is the current owner of the Property, and SITLA intends to continue using the Property for cattle grazing in the short term and use the Property for commercial/industrial development in the future. SITLA certified that planned uses for the Property will be consistent with environmental laws, regulations, covenants, and related obligations applicable to the Property. Through the New Request, SITLA certified that it is not a permittee under any operation plan affecting the Property. SITLA also certified that neither it nor its affiliates have violated the Act or any other environmental statute with respect to the Property, have caused any environmental contamination at the Property, or are responsible for response costs at the Property. Through the New Request, SITLA agreed to exercise appropriate care with respect to hazardous substances or hazardous materials either found or suspected at the Property. SITLA will take reasonable steps to (1) stop any continuing release originating from the Property; (2) prevent any threatened future release originating from the Property; and (3) prevent or limit human, environmental, or natural resource exposure to any hazardous substance or material at the Property. SITLA agrees to comply with all applicable access requirements or institutional controls set forth in the 2022 Groundwater Management Area Update Report and Title Report included in the New Request, which includes but is not limited to environmental easements. Through the New Request, SITLA certified that it has made all appropriate inquiries into the previous ownership and uses of the Property, as outlined in 40 C.F.R. Part 312, and qualifies as a bona fide prospective purchaser under 42 U.S.C. Section 9601(40). I provide this Comfort Letter based upon the certifications, agreements, and representations included in the New Request and summarized above, and my understanding that SITLA will take no action that would cause or threaten further releases or disturbance of the hazardous contaminants identified in the New Request that would increase risk to human health, the environment, or natural resources. I provide this Comfort Letter solely for informational purposes, and it does not limit my authority to enforce the Act, the Utah Administrative Rules promulgated thereunder, or other applicable Utah laws for which I have responsibility to enforce. This Comfort Letter is not a determination that no further action is necessary at the Property; nor does it release SITLA of any liability. If you have any questions, please call Jasin Olsen at 385-499-0494, or have your attorney call Brenden Catt, Assistant Attorney General, at 385-379-2591. Sincerely, Douglas J. Hansen, Director Division of Waste Management and Radiation Control Page 3 of 3 DJH/PW/wa c: Jeff Coombs, Health Officer, Tooele County Health Department Bryan Slade, Environmental Health Director, Tooele County Health Department Eric Baim, Project Manager, Utah School and Institutional Trust Lands Administration (Email) Chris Shiraldi, Legal Counsel, Utah School and Institutional Trust Lands Administration (Email) Brenden Catt, Assistant Attorney General, Utah Attorney General’s Office