DSHW-2024-006109

May XX, 2024
Berrett Brick & Stone LLC
Attn: Katherine Berrett, Owner
2339 North 750 West
Harrisville, UT 84414
RE:Compliance Advisory No. 2404084Annual Reporting DeficienciesSW169
Dear Ms. Berrett:
This Compliance Advisory is being sent to your attention as a representative of Berrett Brick & Stone LLC (the Respondent). According to the Division of Waste Management and Radiation
Control’s (Division) records, you are the designated contact person for the Respondent. The Division has conducted a review of records received from the Respondent to verify compliance
withannual reporting requirements under Utah Administrative Code R315for its Berrett Brick & Stone Landfill (Landfill).
Based on the records review, 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:Utah AdministrativeCode R315-302-2(4)(a) requires each owner or operator of any facility, including a facility performing post-closure
care, to prepare and submit an annual report to the Director by March 1st of each year covering activities during the previous year.
As ofApril 29, 2024, the Division has not received a completed annual report for the Landfill.
Utah AdministrativeCode R315-302-2(4)(b)(iv) requires an annual update of the financial assurance mechanism to be submitted as part of the annual report, and Utah Administrative Code
R315-309-2(2) requires that the annual financial assurance update includes adjustments for inflation or facility modification that would affect closure or post-closure care costs. The
inflation factor published in January 2024 is 1.037.
As of April 29, 2024, the Division has not received the required annual update of the financial assurance mechanism, including adjustments for inflation or facility modification that
would affect closure or post-closure care costs.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
Within 15 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance issue and associated corrective actions to the Director:
A completed 2023 annual report as required by Utah Administrative Code R315-302-2(4), submitted through the Respondent’s account in the online Community Portal(https://deqorg.utah.gov/),
including entry of waste quantities in tons and applicable adjustments to the Respondent’s financial assurance mechanism as discussed above.
New or fully revised annual reports, along with uploaded documentation, may be submitted using the “Submit an Annual Report” function in the online Community Portal available at: https://deqorg.utah.gov/
For submissions that do not include a new or fully revised annual report, all information relating to this matter should be addressed to the Director at:
Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above and
in accordance with Utah Code § 63G-2-309.
If the Respondent demonstrates that it has taken appropriate corrective actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the15day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. 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 Alex Milne at [e-mail] or by phone at [phone].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/AM
c:Brian Cowan, Health Officer, Weber-Morgan Health Department
Michela Harris, Deputy Director, Weber-Morgan Health Department
Scott Braeden, Environmental Health Director, Weber-Morgan Health Department
Summer Day, Environmental Health Program Manager, Weber-Morgan Health Department