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HomeMy WebLinkAboutDERR-2024-012690 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 ERRL-0494-24 December 4, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Christy Webster McWane Ductile 2550 South Industrial Parkway Provo, Utah 84606 Re:Subsurface Investigation Reporting and Requirements McWane Ductile, located at 2550 South Industrial Parkway, Provo, Utah Facility Identification No. 1001002, Release Site OMB Dear Ms. Webster: A release of petroleum from an aboveground petroleum storage tank (APST) at the above- referenced site was reported on November 27, 2024, to the Division of Environmental Response and Remediation (DERR) based on laboratory results of samples collected during the closure and removal of an underground petroleum storage tank (PST). According to Utah Administrative Code R311-202, you are required to report, control, abate, and characterize the release by defining the extent and degree of petroleum contamination and remediate (clean up) the release. These rules require that you prepare specific reports addressing the release and submit them to the DERR within specified time frames following the release. The DERR project manager has reviewed the release report information and recommended that additional investigation work be required. The project manager relied on the information provided and did not conduct an independent investigation of the facility. The investigation's intent is to define the extent and degree of subsurface petroleum contamination and evaluate the potential risks to human health and the environment. A Subsurface Investigation Report (SIR) outlining the results of the investigation must be submitted to the DERR within 90 days of your receipt of this letter. Requirements for an SIR are detailed in the Leaking Underground Storage Tank (LUST) Subsurface Investigation Report Guide (May 2014), which can be found on our website: https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/leaking-undergr ound-storage-tanks-remedial-assistance/lust-subsurface-investigation-report-guide.pdf. Facility ID# 1001002 Page 2 If you hire a consultant to perform work related to this release, they must be a Certified UST Consultant (Utah Admin. Code R311-201-2). Upon submitting your SIR, the investigation results will be evaluated to determine if a no further action (closeout) determination can be recommended or if additional work is necessary. This additional work may consist of performing additional investigation activities, conducting cleanup, implementing environmental monitoring and/or performing a risk assessment. During the 2014 Utah Legislative Session, Section 19-6-420(10)(a) of the Underground Storage Tank Act was amended to allow the DERR to recover certain expenses incurred by the DERR for petroleum releases not covered by the PST Fund. The DERR’s expenses for managing and overseeing the abatement, investigation, or corrective action can be billed quarterly to the responsible party. The Utah Legislature sets these expenses for oversight and review, currently $125.00 per hour. Payment will be due within 30 days from the billing. Certain factors may be considered by the Division Director when determining whether to recover these management and oversight costs. If the responsible party can demonstrate an inability to pay, the Division Director may grant an exemption from paying these expenses. You may contact us to request an application for exemption, if needed. If you have any questions regarding this matter, please contact Eileen Brennan, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/EB/rr cc: Eric Edwards, Executive Director, Utah County Health Department Jason Garrett, Environmental Health Director, Utah County Health Department Anna Rasmuson, PhD, PE, & PG, Tetra Tech ~ ,--=t s ...a er rn .-=! U"J ,--=t □ □ □ □ rl s ru ru ru □ I"- -.. , 7 ~.,.,,...,..,..,,,.,-,....._, ~~' • -- U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only --•r••• . ·"" . •,1... .... 1•. . . ., 0 F F I C I A L u s E Certified Mail Fee $ Extra Services & Fees (check boX, add fee as appropriate) D Return Receipt (hardcopy) $ D Return Receipt (electronic) $ Postmark D Certified Mail Restricted Delivery $ Here D Adult Signature Required $ D Adult Signature Restricted Delivery $ McWane Ductile ATTN : Christy Webster 2550 S. Industrial Pkwy . ·------·--------------------- Provo, UT 84606 ----------------------------- PS Form 3800 A r il 2015 PSN 7530-02-000-9047 s Certified Mail service provides the following benefits: • A recei pt (this portion of the Certified Mail labeQ. for an electroni c return receipt, see a retail ■ A uniqu e identifier for your mail piece. associate for assistance. To rece ive a dup licate ■ Electronic verificatio n of deli very or attempted return receipt for no additiona l fee, present th is deliVery. US PS®-postm arked Certified Mail receipt to the ■ A record of delivery (i ncl ud ing the reci pi ent 's retail associate. signature) that is retaine d by th e Postal Service~ • Restricted delivery service , which provides for a specified period. delivery to the addressee specified by name, or to the addressee's authorized agent. Importan t Reminde rs: ■ You may purchase Certified Mail service with Rrst-Class Mail•, Rrst-Class Package Service•, or Priority Mai~ service . ■ Ce rtified Mail service is not avai lable for international mail. ■ Insurance coverage Is not available for purchase with Certified Mail service. However, the purc hase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail Items . ■ Fo r an additiona l fee, and with a proper endorsement on the mailpiece, you may request the following services : -Return receipt service, which provides a record of delivery (including the recipient's signature). Yo u can request a hardcopy return receipt or an electronic vers ion. For a hardcopy re turn recei pt, complete PS Fo rm 381 1, Domesffc Retum Receipt; attach PS Form 3811 to your mailpiece; -Adult signatu re service, which req uires the signee to be at least 21 years of age (not available at retail). -Adu lt sig nature restricted de li very service, wh ich requires the sig nee to be at least 21 years of age and provides delivery to the addressee specified by name , or to the ad dressee's authorized agent (not available at retail). ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, It should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office-for postmarking . If you don't need a postmark on this Certified Mail receipt , detach the barcoded portion of this label, affix it to the mailpiece , apply ap pro priate postage, and deposit the mailpiece. IMPORTANT: Save this receipt for your records. PS Form 3800, Apnl 2015 (Rev81S8) PSN 7530-02-000-9047