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CORRESPONDENCE SIGN-OFF SHEET
ERRA#-_________________
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Yes
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NOV and Order to Comply
02/12/2024
Kim Viehweg
DM
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02/13/2024
02/14/2024
02/2х/2024
02/2х/2024
06-24
02/2ч/2024
DM
*3 02/2ч/2024
03/0х/2024
03/0х/2024
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Attach Signed Letter
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03/13/2024
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NOV and order to
comply
6-203 NOVO
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
ERRA-06-24
March 13, 2024
SENT VIA U.S. REGULAR
AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kanab Sinclair
Sindi Brown
212 West Center Street
Kanab, Utah 84741
Sindi Brown, Trustee
Brown Family Trust
Kanab Sinclair
510 North 100 West
Kanab, Utah 84741
Re: Notice of Violation and Order to Comply
Kanab Sinclair, located at 212 West Center Street, Kanab, Utah
Facility Identification No. 6000203
Dear Ms. Brown:
Please find enclosed a Notice of Violation and Order to Comply regarding failure to
comply with the requirements under the Utah Underground Storage Tank Act and implementing
regulations.
If you have any questions regarding this matter, please contact Kim Viehweg, the Division
of Environmental Response and Remediation project manager, at (801) 536-4100.
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
Facility ID# 6000203
Page 2
BHE/KV/ss
Enclosure: Notice of Violation and Order to Comply
cc: David McKnight, Utah Attorney General’s Office
Fran Chambus, U.S. Environmental Protection Agency, Region 8
Roberta Person, U.S. Environmental Protection Agency, Region 8
Jeremy Roberts, Environmental Health Director, Southwest Utah Public Health Department
Paul Wright, District Engineer, Utah Department of Environmental Quality
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DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION
In the Matter Of:
Kanab Sinclair
212 West Center Street
Kanab, Utah 84741
NOTICE OF VIOLATION AND
ORDER TO COMPLY
Facility Identification Number 6000203
The Division Director of the Division of Environmental Response and Remediation (DERR)
issues this Notice of Violation and Order to Comply (Order) to the Brown Family Trust and Sindi
Brown with Kanab Sinclair based on failure to comply with the Utah Underground Storage Tank
Act, Title 19, Chapter 6, Part 4 of the Utah Code (Utah UST Act) and the rules promulgated
thereunder, Utah Admin. Code R311 et seq. (Rules). These proceedings are pursuant to the
jurisdiction and authority therein. In accordance with Utah Code § 63G-4-102(2)(k), this Order is
exempt from the Utah Administrative Procedures Act (UAPA). However, if this Order is contested
as described herein, the UAPA would apply to those proceedings.
STATEMENT OF LAW AND JURISDICTION
1. The Waste Management and Radiation Control Board (Board) is authorized and required to
make rules adopting the requirements for underground storage tanks (USTs) contained in
Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. § 6991c, et seq., and
other future applicable final Federal regulations. Utah Code § 19-6-403(1).
2. The Division Director is authorized to enforce the rules made by the Board and any
requirements in the Utah UST Act by issuing notices and orders. Utah Code § 19-6-
404(2)(f). The Division of Environmental Response and Remediation (DERR) is charged
with administering the Utah UST Act and Rules under the immediate direction and control
of the Division Director. Utah Code §§ 19-1-105(1)(c) & (2).
3. “Underground Storage Tank” means any tank regulated under Subtitle I, Resource
Conservation and Recovery Act, 42 U.S.C. § 6991c, et seq., including: (a) a petroleum
storage tank; (b) underground pipes and lines connected to a storage tank; and (c) any
underground ancillary equipment and containment system. Utah Code § 19-6-402(32).
4. “Facility" means the petroleum storage tanks (PSTs) located on a single parcel of property
or on any property adjacent or contiguous to that parcel. Utah Code § 19-6-402(16).
References to Facility in this Notice refers to Facility Number 6000203.
5. "Operator" means any person in control of or who is responsible on a daily basis for the
maintenance of a PST that is in use for the storage, use, or dispensing of a regulated
substance. Utah Code § 19-6-402(18).
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6. "Owner" means, in the case of an UST in use on or after November 8, 1984, any person who
owns an UST used for the storage, use, or dispensing of a regulated substance. Utah Code §
19-6-402(19)(a).
7. "Regulated substance" means petroleum and petroleum-based substances comprised of a
complex blend of hydrocarbons derived from crude oil through processes of separation,
conversion, upgrading, and finishing, and includes motor fuels, jet fuels, distillate fuel oils,
residual fuel oils, lubricants, petroleum solvents, and used oils. Utah Code § 19-6-402(25).
8. "In use" means that an operational, inactive, or abandoned PST contains a regulated
substance, sludge, dissolved fractions, or vapor which may pose a threat to human health,
safety, or the environment as determined by the Division Director. Utah Admin. Code R311-
200-2(dd).
9. Each owner or operator of a PST is required to have a certificate of compliance. Utah Code
§ 19-6-412(1).
10. Each owner or operator of an UST is required to comply with the performance standards
specified in 40 CFR § 280, which the Board has incorporated and adopted by Utah Admin.
Code R311-202-1. The performance standards include operator training and overfill
protection.
11. To meet the Operator Training requirement (42 USC Section 6991i) of the Solid Waste
Disposal Act as amended by the Energy Policy Act of 2005, and 40 CFR § 280 Subpart J,
each UST Facility shall have UST facility operators that are trained and registered according
to the requirements of the regulations. More specifically, each facility shall have three
classes of operators: A, B, and C. Utah Admin. Code R311-201-12(1).
12. UST owners/operators shall provide documentation to the Division Director to identify the
trained class A, B, and C operators for each facility. If an owner or operator does not register
and identify class A, B, and C operators for a facility, the certificate of compliance for the
facility may be revoked for failure to demonstrate substantial compliance with all State and
Federal statutes, rules, and regulations. Utah Code § 19-6-412(2)(c); Utah Code § 19-6-414;
Utah Admin. Code R311-201-12(2).
13. Owners and operators must test overfill prevention equipment at least once every three (3)
years. 40 CFR § 280.35, incorporated and adopted by Utah Admin. Code R311-202-1.
14. Each owner and operator are subject to a civil penalty of up to $10,000.00 for each day of
each violation of the Utah UST Act, Rules, or any Order issued there under. Utah Code §
19-6-425(1).
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STATEMENT OF FACTS AND BACKGROUND
15. According to the most recent Notification for Underground Storage Tanks (Notification) on
file with the DERR, dated June 4, 2014, The Wave Inc., Kanab Sinclair, and Sindi Brown
are the owners and operators of three USTs installed in April 1984 at the Facility located at
212 West Center Street, Kanab, Utah (Property). The Division Director assigned the UST
Facility Identification Number 6000203.
16. A land parcel search with the Kane County Recorder identifies the property as parcel number
K-19-3. The Kane County property records list the Brown Family Trust as the owner of the
real property with Sindi Brown as Trustee and therefore the Trust would also be the owner
of the three regulated USTs as fixtures with the Facility real property.
17. A business search with the Utah Department of Commerce does not list a company with the
name The Wave Inc., registered as a business or legal entity. If The Wave, Inc., is registered
as a business or legal entity in another state it could not operate as a business in Utah without
being registered in Utah. Therefore, it could not be an operator of the Facility. As Kane
County Recorder records do not list The Wave Inc. as an owner of the property. The Wave,
Inc., likely does not share in any ownership of the USTs. There is no information showing
that The Wave Inc. is an out-of-state legal entity with any kind of ownership interest in the
USTs.
18. The name Kanab Sinclair is not registered with the Utah Division of Corporations as any
kind of business legal entity. Kanab Sinclair is apparently just the name the gas station
operates under. With neither Kanab Sinclair nor The Wave Inc. possessing any kind of legal
entity status, Sindi Brown and the Brown Family Trust are the only indicated owners of the
USTs and Facility.
19. The DERR discovered from a Summer 2023 compliance review that the Facility did not
have a currently trained or retrained, tested and registered class A and B operator. The DERR
texted Ms. Brown the owner/operator several times to remind her about having a currently
trained A/B operator. Ms. Brown indicated it would happen, but DERR never received any
documentation that the Facility has a currently trained A/B operator.
20. The Director issued a Notice of Non-Compliance for Underground Storage Tank Violations
via certified mail dated October 12, 2023, to Ms. Brown and Kanab Sinclair, as the
owner/operator to submit documentation of a current properly trained and registered class
A and B operator for the Facility within 60 days of the date of the Notice of Non-
Compliance.
21. To date, the DERR has not received documentation of a current properly trained and
registered class A and B operator for the Facility.
22. Soon after the owner/operator’s 60 days to comply with the Notice of Non-Compliance
ended with no response, on December 16, 2023, the Facility’s overfill prevention equipment
test became past due.
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23. The agency sent out a November 2023 reminder letter that the overfill prevention equipment
testing was becoming due in December and a December 2023 letter indicating the testing
was now past due. Since that time the DERR site manager texted the owner/operator about
the overfill prevention equipment testing being past due and Ms. Brown assured the DERR
site manager that the overfill testing results would be sent in. However, the overfill
prevention equipment testing remains past due and the results have not been submitted to
DERR.
VIOLATIONS
24. As the owner/operator of the Facility, Sindi Brown and the Brown Family Trust, are in
violation of Utah Admin. Code R311-201-12, which requires each Utah UST facility to have
a class A and B operator that is trained and registered in accordance with Utah Admin. Code
R311-201-12. Sindi Brown and the Brown Family Trust are also in violation of Utah Admin.
Code R311-202-1, incorporating 40 CFR 280.35(a)(2), which requires owners and operators
to test overfill prevention equipment at least once every three years. Under Utah Code Ann.
§ 19-6-425(1), Sindi Brown and the Brown Family Trust are subject to a civil penalty of up
to $10,000.00 for each day of this continuing violation.
ORDER
On the grounds and for the reasons summarized herein, and pursuant to the authority of Utah
Code §§ 19-6-404, and other authorities cited above, Sindi Brown and the Brown Family Trust, as
owner/operators of DERR Facility #6000203, operating as the Kanab Sinclair, are hereby ordered
to comply with the following requirements:
1. Within thirty (30) days of the date of this Order, bring the Facility into compliance by
doing the following:
a. Submit to the DERR documentation of properly trained and registered class A and
B operator for the Facility; and
b. Submit to the DERR documentation of a passing test of overfill prevention
equipment performed within the last three years.
NOTICE OF RIGHT TO CONTEST
Pursuant to Utah Administrative Code R305-7-303, this Order may be contested by filing a
Request for Agency Action within thirty (30) days of the date this Order was issued. If this Order
is contested, an adjudicative proceeding will be conducted formally according to Utah Department
of Environmental Quality’s statute and rules for adjudicative proceedings, Utah Code Section 19-
1-301 and Utah Administrative Code R305-7 et seq. The Request for Agency Action should indicate
the name and number of the matter provided on the first page of this Order, and state the facts,
reasons, and legal authority that form the basis for contesting the Order, in accordance with Utah
Admin. Code R305-7.
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Requests for Agency Action may be hand-delivered to 195 North 1950 West, Salt Lake City,
Utah, or may be submitted by electronic mail to the Administrative Proceedings Hearing Officer at
DEQAPRO@utah.gov, or may be sent via U.S. Mail in accordance with Utah Admin. Code R305-
7-104(5).
The Request for Agency Action should be filed with the Executive Director of the
Department of Environmental Quality (DEQ Executive Director). The DEQ Executive Director’s
street address is 195 North 1950 West, 4th Floor, Salt Lake City, Utah. The DEQ Executive
Director’s mailing address is P.O. Box 144810, Salt Lake City, Utah 84114-4810. A copy of the
Request for Agency Action must be provided to Brent H. Everett, DERR Division Director, who
has a street address of 195 North 1950 West, 1st Floor, Salt Lake City, Utah, and a mailing address
of P.O. Box 144840, Salt Lake City, Utah 84114-4840. If this Order is not contested as described
above, the facts specified herein will be deemed true and not subject to contest in future
administrative or judicial proceedings and any right to proceed with an administrative or judicial
appeal will be forfeited.
DATED this ____ day of March 2024.
__________________________________________
Brent H. Everett, Director
Division of Environmental Response and Remediation
12th
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CERTIFICATE OF MAILING
I HEREBY CERTIFY that I mailed a true and correct copy of the foregoing Notice of
Violation and Order to Comply on the ___ day of March 2024, by regular U.S. mail and by U.S.
Certified Mail, Return Receipt Requested, to:
Kanab Sinclair Sindi Brown 212 West Center Street Kanab, Utah 84741 Sindi Brown, Trustee Brown Family Trust Kanab Sinclair 510 North 100 West Kanab, Utah 84741
__________________________________________
Elisa Smith
Support Staff Supervisor
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