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Home My WebLink AboutDSHW-2024-008033September XX, 2024CERTIFIED MAILRETURN RECEIPT REQUESTED[Certified Mail Number] Sydney Arthur Wengreen Kimberly Karen Wengreen 3800 West 3700 South Wellsville, UT 84339 RE:Notice of Violation and Compliance Order No. 2408114 Dear Mr. and Mrs. WengreenEnclosed is a NOTICE OF VIOLATION AND COMPLIANCE ORDER (NOV/CO)Number 2408114, based on findings documented by Division of Waste Management and Radiation Control inspectors regarding unpermitted waste disposallocated at 3800 West 3700 South in Wellsville, UT. Please be advised that compliance with the attached NOV/COis mandatory and will not relieve youof liability for past violations.You have 30 days from the signature date of the attached NOV/COto contest it in the manner and within the time period prescribed by R305-7-303, of the Utah Administrative Code.If you have any questions, please call Bryan Woolf at 385-454-8060 or have your attorney call RaymondWixom, Assistant Attorney General, at 385-414-0664.Sincerely,Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlDJH/BMW/[???]Enclosure:Notice of Violation and Compliance Order No. 2408114 c:Jordan Mathis, Health Officer, Bear River Health DepartmentGrant Koford, EHS, Environmental Health Director, Bear River Health Department Annette Maxwell, U.S. EPA, Region 8 Kimberly D. Shelley, Executive Director, Utah Department of Environmental Quality (UDEQ) Stevie Norcross, PhD, Assistant Director, Division of Waste Management and Radiation Control, UDEQ Jalynn Knudsen, Assistant Director, Division of Waste Management and Radiation Control, UDEQ Brian Speer, Solid Waste Program Manager, Division of Waste Management and Radiation Control, UDEQ Raymond Wixom, Assistant Attorney General, Utah Attorney General’s Office Brenden Catt, Assistant Attorney General, Utah Attorney General’s Office---oo0oo--- In the Matter of: : : NOTICE OF VIOLATION/ COMPLIANCE ORDERSydney Arthur Wengreen and Kimberly Karen Wengreen 3800 West 3700 South Wellsville, UT 84339 : : No. 2408114 ---oo0oo---This NOTICE OF VIOLATION AND COMPLIANCE ORDER (NOV/CO) is issued by the Director of the Division of Waste Management and Radiation Control(Director) pursuant to the Utah Administrative Code R315 (the Rules), and Utah Solid and Hazardous Waste Act (the Act), Utah Code § 19-6-101, et seq. The Director has authority to issue such NOTICES and ORDERS in accordance with Utah Code § 19-6-112. FINDINGS SydneyArthur Wengreen and Kimberly Karen Wengreen (Property Owners)area “person” as defined in Utah Code § 19-1-103(4) and is subject to all applicableprovisions of the Rules, and the Act. The Property Owners are the owners of real property at 3800 West 3700 SouthWellsville, UT 84339 (Wellsville Property). The Property Ownersare responsible for collecting and burying solid waste without a permit from the Division of Waste Management and Radiation Control (Division). The real property is a residential property located in Cache County, Utah. Pursuant to Utah Code § 19-6-109, on May 30, 2024, a representative of theDivision conducted a compliance evaluationinspection at the Wellsville Property. The scope of the inspection was to verify compliance with the Rules and the Act Based on findings on May 30, 2024, the Director issued a Compliance Advisory datedJuly 29, 2024(DSHW-2024-007187), detailing compliance issues found, which alleged violations of R315-301-4(1)of the Rulesby collecting and burying solid waste at the Wellsville Property.R315-301-4(2) of the Rules requires that when “any solid waste is disposed in a manner not incompliance with the requirements of Rules R315-301 through 320, or other applicable rules, theproperty owner of the disposal site or the person responsible for the illegal disposal or both:(a) shall remove the solid waste from the illegal disposal site”.The Compliance Advisory explained that the collection and burial of solid waste at the Wellsville Property was a violation of State rules. TheDirector requested that the Property Ownersprovide the Division with a plan to remove all waste from the property as required by R315-301-4(2)(a) of the Rules within 14 days from the date the Compliance Advisory was issued.As of August 28, 2024, the Division had not received any form of communication or plan to remove the solid waste from the Property Owners. DETERMINATION OF VIOLATIONS In accordance with Utah Code § 19-6-101, et seq., and based on the foregoing FINDINGS, Sydney Arthur Wengreen andKimberly Karen Wengreenhas violated provisions of the Rules, andthe Act. Specifically, Arthur Wengreen and Kimberly Karen Wengreen has violated the following: Utah Admin. Code R315-301-4(1), by disposing of solid waste in any place other than a facility in compliance with the requirements of Rules R315-301 through R315-320 and other applicable rules.See Finding ¶5.ORDERSydney Arthur Wengreen and Kimberly Karen Wengreenare hereby ordered to correct these violations. Within 30 days of the signature date of this NOV/CO, Sydney Arthur Wengreen and Kimberly Karen Wengreen shall submit to the Director a written statement describing the following information in detail:the cause of each compliance issue;a corrective action plan to remove all solid waste from 3800 West 3700 SouthWellsville, UT 84339as required by UtahAdministrative Code R315-301-4(2)(a) that includes, at a minimum;a reasonable time frame to completely remove solid waste from the property;the location of where the solid waste will be taken for proper disposal;a schedule for regular check-in reports to the Division that details progress on the removal;a final clean-up report submitted to the Division that must include, at a minimum;copies of waste receipt records/ scale house tickets from the landfill;photos of the removal of the solid waste from the property.how the corrective actions will prevent similar compliance issues from recurring. COMMUNICATION WITH THE DIRECTOR For the purpose of compliance with this NOV/CO or to provide additional information, the Director’s mailing address is: Douglas J. Hansen, Director Division of Waste Management and Radiation Control P.O. Box 144880 Salt Lake City, UT 84114-4880Alternatively, documents OTHER THAN AN ADMINISTRATIVE CONTEST TO THISNOV/CO may be submitted electronically to the following email address: dwmrcsubmit@utah.gov.DO NOT submit any documents or information via email that is confidential, proprietary, or for which youwish to make a claim of business confidentiality under Utah Code § 63G-2-305. All such documents andinformation MUST be submitted using the mailing address above and in accordance with Utah Code § 63G-2-309.Dated this [day] day of [Month], [year]By: ___________________________________________Douglas J. Hansen,DirectorDivision of Waste Management and Radiation Control CERTIFICATE OF MAILINGI HEREBY CERTIFY that I mailed a true and correct copy of the foregoing NOTICE OF VIOLATION AND COMPLIANCE ORDER on the[day] day of [month], [year]by US Certified Mail, Return receipt Requested, to: Sydney Arthur Wengreen Kimberly Karen Wengreen 3800 West 3700 South Wellsville, UT 84339 __________________________________ [Type name of person certifying the date the NOV is mailed]