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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 t ~ ~ J