HomeMy WebLinkAboutDERR-2024-004844
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D. (801) 536-4284
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-044-24
February 7, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sheryl Laughlin
Meemz and Pops, LLC
2840 North Highway 38
Brigham City, Utah 84302
Sheryl Laughlin
Meemz and Pops, LLC
6990 North Highway 38
Honeyville, Utah 84314
Bennie Vasquez
2840 North Highway 38
Brigham City, Utah 84302
Hal D. Allen, Registered Agent for Meemz & Pops, LLC
1835 South Highway 89
Perry, Utah 84302
Re: Notice of Non-Compliance for Underground Storage Tank Violations
Meemz and Pops, located at 2840 North Highway 38, Honeyville, Utah
Facility Identification No. 0100196
Dear Ms. Laughlin and Mr. Vasquez:
The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or
operator of a facility having underground storage tanks (USTs). 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 USTs and
is located at 2840 North Highway 38, Honeyville, Utah. The designated Facility Identification
Number is 0100196.
Facility ID# 0100196
Page 2
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 passing results for line tightness, line leak detector, and automatic tank gauge
tests.
2. The class B operator is required to be re-trained. R311-210-12(10)(d)(ii) a class B
operator is subject to re-training requirements if a facility for which the class B
operator has oversight is found to be out of compliance due to:
a. Failure to document compliance, as determined by the Technical Compliance
Rule;
i. Technical Compliance Rate is determined using the Environmental
Protection Agency and Leaking Underground Storage Tank
Performance Definitions as of October 2018 and incorporated by
reference.
b. Failure to perform UST operator inspections required by Section R311-203-
7; or
c. Failure to ensure that class C operators are trained and registered, and are on
site during operating hours.
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 UST 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
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 DeAnn Rasmussen, the DERR project manager,
at (801) 536-4100.
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/DR/ta
cc: Jordan Mathis, Health Officer, Bear River Health Department
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