DSHW-2024-004546

February 6, 2024
CERTIFIED MAIL
XXXX XXXXXXXXXXXXXXXXCory Waters
440 North 400 West
Richfield UT 84701
RE:Compliance Advisory No. XXXXXXX
Compliance Evaluation Inspection
Dear Mr. Waters:
This Compliance Advisory is being sent to your attention because, according to the Division of Waste Management and Radiation Control (Division) records, you (Respondent) are the designated
contact person for the property located at 1642 South Annabella Road, Sevier County, Utah. OnJanuary 8, 2024, a representative of the Division (inspector) conducted a compliance evaluation
inspection at the aforementioned property. The inspector was accompanied by both Richfield City and Sevier County Health Department officials, both of which have had concerns and issues
with the generated waste being stored and/or buried on the property. The specific purpose of the site visit by the State of Utah inspector was to determineif the accumulated waste on
the property was in compliance with the Utah Solid and Hazardous Waste Act and Utah Code § 19-6-101et seq., the Utah Administrative Code R315. Photos and descriptions are included in
this document.
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the following compliance issues as well as an opportunity to correct these apparent violations:The property is operating an illegal landfill and is receiving solid waste as defined
by Utah Admin. Code R315-301-2(38) and Utah Code § 19-6-19(a) through (d). Specifically, the property is receiving construction and demolition waste as defined by Utah Admin. Code R315-301-2(17)(a).
The inspector observed several tons of inert waste that has been generated from off-site locations. The waste includes rock, bricks, concrete curbing, non-treated wood, and other material.The
property is receiving and spreading waste asphalt as fill material. Waste asphalt is a non-inert construction and demolition waste defined by Utah Admin. Code R315-301-2(17)(a)(iii)
and therefore does not qualify to be utilized as non-inert fill material as described in the Asphalt Disposal and Recycling Guidance(DSHW-2019-002183). Additionally, Utah Admin. Code
R315-315-9 specifies that waste asphalt that is not being used for recycling purposes must be disposed of in a permitted landfill.The inspector observed several tons of waste asphalt
andwaste asphalt/dirt mix that has been dumped on the property. All piles containing waste asphalt appear to have been generated offsite. Much of the asphalt has already been scattered
and used as fill material on the east side of the property near Annabella Road.The property is receiving and spreading an unknown waste media mix as fill material. The material and
chemical composition of the media mix are unknown and may be hazardous as defined by Utah Code § 19-6-102(9)(a) and Utah Admin. Code R315-261-3. A major concern of potentially hazardous
waste being scattered on the property is the property demonstrates characteristics of a high water table, which could result in groundwater contamination and poor water quality. These
characteristics include a visible salt crust on the soil surface, the presence of a vegetative community adapted to wet conditions, and recent aerial imagery showing surface water inundation
on adjacent the properties (Source: Google Earth Imagery – Dated May 29, 2023).
The inspector observed multiple dump truck loads worth of green-coloredwaste sandblast media containing flecks of what appeared to be orange paint. Much of the media has already been
scattered on the property and used as fill.
The property is receiving and utilizing treated wood as fill material. Treated wood is not considered construction and demolition waste as defined byUtah Admin. Code R315-301-2(17)(b)
and is prohibited from being buried on the property. The disposal of treated wood must be taken to a property permitted facility.
The inspector observed treated wood being used as fill material on the property. The inspector also observed multiple piles and pieces of treated wood (e.g. railroad ties and power
poles) scattered throughout the property. It is important to note that there are no solid waste rules prohibiting the use of treated wood for land improvement activities such as fence
posts, garden boxes, etc.
The property is receiving metal contained in concrete for potential use as fill material. Metal contained in concrete is considered construction and demolition waste as defined by Utah
Admin. Code R315-301-2(17).
The inspector observed what appeared to be metal contained in concrete cap on the property. Metal contained in concrete shall be disposed of at a properly permitted landfill.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent violations. The Director will also consider any evidence and additional
information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation to the Director:
Issue 1 – Illegal Landfill
Documentation or evidence demonstrating the waste was generated onsite; OR
Documentation of the waste having been disposed of at a properly permitted facility; OR
Photographs demonstrating the accumulated waste has been, or is actively being, removed from the property.
Issue 2 – Waste Asphalt
Documentation of waste asphalt undergoing proper treatment processes or methods conducive to recycling. Such documentation may include a written statement from a customer or contractor
willing to purchase the waste asphalt for road construction or other practicable use; OR
Documentation of the waste asphalt having been disposed of at a properly permitted facility; OR
Photographs demonstrating the accumulated waste has been, or is actively being, removed from property.
Issue 3 – Waste Media
Documentation or evidence demonstrating the waste media received has been tested according to the methods described in Utah Admin. Code R315-262-11 and meet the requirements to be classified
as non-hazardous; OR
Documentation of the waste having been disposed of at a properly permitted facility; OR
Photographs demonstrating the accumulated waste has been, or is actively being, removed from the property.
Issue 4 – Treated Wood
A statement that no treated wood on the property will be illegally disposed of onsite by burial or any other illegal means; OR
Documentation of any waste treated wood having been disposed of at a properly permitted facility; OR
Photographs demonstrating the accumulated treated wood determined as waste has been, or is actively being, removed from the property.
Issue 5 – Metal Contained in Concrete
A statement that no metal contained in concrete will be illegally buried on the property. This may include photo(s) showing the concrete and metal have been separated; OR

Documentation of metal contained in concrete having been disposed of at a properly permitted facility; OR
Photographs demonstrating the metal contained in concrete has been, or is actively being, removed from the property.
All information regarding corrective actions relating to this matter should be addressed to the Director at the following address:
If by U.S. Mail, to the following address:
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
If by email, to the following address:
[e-mail]
If the Respondent’s response is submitted by email, please confirm submission by receipt of an autoreply email. DO NOT submit any documents or information through email that are confidential,
proprietary, or for which the Respondent claims business confidentiality under Utah Code § 63G-2-304. To better protect confidential or protected records, all such documents and information
must be submitted in paper form, using the U.S. Mail address above.
If the Respondent demonstrates that it has taken appropriate corrective actions regarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed. In that event, the Directorwill forbear seeking penalties arising from the apparent violations.
However, if the Respondent fails to demonstrate appropriate corrective actions within the 30-day timeframe, the Director will consider taking escalated enforcement actions, including
seeking penalties pursuant to Utah Code § 19-6-113(2). In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions, will become
part of the Respondent’s compliance record and may be considered in connection with future enforcement matters.
If you have any questions, please contact Bryan Watt at [phone].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/BW/[???]
c:Nathan Selin,Health Officer, Central Utah Public Health Dept.
Eric Larsen, Environmental Health Director, Central Utah Public Health Dept.
John Chartier, P.E., UDEQ District Engineer
David Anderson, Zoning Administrator/Deputy Clerk, Richfield City, UT ([e-mail])
Trevor Peterson, Inspector, Sevier County, UT ([e-mail])
Jason Bagley, Environmental Health Scientist, Sevier County Health Department ([e-mail])
Property Inspection Photos
Issue 1 – Illegal Landfill
Figure 1. Photo of several tons of material dumped on property including concrete curbing, bricks, rocks and boulders, trees, treated and untreated wood, waste asphalt, and dirt.
Figure 2. Photo of several tons of material dumped on property including concrete curbing, bricks, rocks and boulders, trees, treated and untreated wood, waste asphalt, and dirt.
Issue 2 – Waste Asphalt
Figure 3. Photo of several tons of waste asphalt and other waste material.
Figure 4. Photo of waste asphalt pile (foreground) and other material (background) including dirt, concrete, debris, and more waste asphalt.
Figure 5. Photo of waste asphalt pile (bottom right) and other material includingconcrete, treated wood, and untreated wood.
Figure 6. Northeast side of property. Photo of mixedasphalt/dirt.Figure 7. Photo of waste asphalt and mixed asphalt/dirt. Other material includes dirt, concrete, and debris.
Figure 8. Northeast side of property. Photo of rows of mixed asphalt/dirt.
Issue 2 – Waste Asphalt (continued)
Figure 9. Photo of several large chunks of waste asphalt (yellow circles), mixed asphalt/dirt, and other debris being used as fill material.
Figure 10. Photo of several large chunks of waste asphalt, mixed asphalt/dirt, and other debris being used as fill material.
Figure 11. Photo of chunks of waste asphalt, mixed asphalt/dirt, green media, and other debris being used as fill material.
Issue 3 – Waste Media
Figure 12. Photo of green waste media with orange paint flecks.
Figure 13. Photo of green waste media with orange paint flecks.
Figure 14. Photo of green waste media scattered and used as fill material. Note the surface salt residue indicating soil saturation and presence of high water table.
Figure 15. Photo of green waste media scattered and used as fill material. Note the surface salt residue indicating soil saturation and presence of high water table.Figure 16. Photo
of green waste media pile mixed with dirt and debris.
Figure 17. Photo of green waste media pile mixed with dirt and debris.
Issue 4 – Treated Wood
Figure 18. Photo of treated wood (yellow circle), green media, asphalt/dirt mix (background), and other debris being used as fill material.
Figure 19. Photo of treated telephone poles and railroad ties.
Figure 20. Photo of piles of treated wood, untreated wood, and metal on trailer. Note the surface salt residue indicating soil saturation and presence of high water table.
Figure 21. Photo of piles of treated wood and untreated wood. Note the surface salt residue indicating soil saturation and presence of high water table.
Issue 5 – Metal Contained in Concrete
Figure 21. Photo of metal contained in concrete. Other material in photo being used as fill includes mixed asphalt/dirt and green media.