DERR-2024-013240

Memorandum
To: Chris Howell, LUST Section Manager,
Mark Crim, Site Manager
From: David McKnight, Asst AG
Date: December 27, 2024
Re: Responsible Parties at Facility #9000053, Releases FCO, Sunrise Market
(Chevron), 432 West Main Street, Duchesne, Utah
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George Billings obtain a U.S. patent to the property in 1918. Mr. Billings
conveyed the property by warranty deed to Henry Howes. Mr. Howes apparently
defaulted on his loan to the property as it was sold in1926 at a Sherriff’s sale to Earle
and Claire Winslow in 1926. The property remained in the Winslow family until 1959.
Earle died in 1943 with Claire remaining as owner. Claire conveyed the property to her
daughter Sarah Winslow in 1953. Claire died in 1956. In 1959, Sarah conveyed the
property by warranty deed to Carl and Donna Wilkerson, and Dale and Luella Workman.
Sarah died in 1962. From 1918 to 1959 there is no indication that a gas station or USTs
existed on the property. Therefore, Mr. Howes and the Winslows would not be
responsible parties.
As stated, Sarah Winslow conveyed the property by warranty deed to Carl &
Donna Wilkerson, and Dale & Luella Workman in 1959. During the timeframe of 1959 to
1962, family histories and other documents indicate that this is the period that Carl and
Dale installed USTs along with building a gas station at the property as a Texaco service
station. Carl also indicated that he moved his Texaco bulk plant to this property at this
time which indicates maybe there were some above ground tanks while the bulk plant
was there. Property records indicate that Texaco Inc. had a lease to the site in 1962.
There are no terms of the lease. A 1964 lease document with Texaco indicates that
there were some assigned earnings from the facility (including bulk plant?) that went to
a Denver bank. This would suggest the lease was more of an arrangement where Carl
and Dale shared profits with Texaco for a license to be a Texaco station. Carl’s personal
history talks about his trying to get Texaco to let him be a Texaco distributor. Dale’s
obituary stated that he owned a Texaco station.
Either way, Carl and Dale were owners and operators of the facility and therefore
responsible parties. Texaco could have had an ownership interest or some control as an
operator but likely not. It appears their involvement was more of a giving Carl and Dale
a license to be a Texaco station and distributor. If Texaco had some owner or operator
status, their liability would be minimal as its involvement in the facility was early on with
tight new USTs indicating minimal to zero fault for the FCO release 30 years later.
In 1962 the year the prior owner Sarah Winslow died, Kay and Helen Hamilton
acquired some interest in the property from Sarah’s estate sale. This would make Kay
and Helen possible responsible parties as co-owners of the USTs on the property. Kay
and Helen conveyed their ownership interest to the property to Carl and Dale in 1966.
With their 4 year ownership when the USTs were new and having no involvement in the
facility, they would have minimal to no apportioned liability. They also are both deceased
(2008) with no likely estate to go after.
Carl and Donna conveyed their interest in the property and facility to Dale and
Luella in 1971, ending their approximate 10 year status as co-owner/operators. Perhaps
some small level of apportioned liability could be attributed to the Wilkersons, but they
are both now deceased (Carl 2013 & Donna 2022).
Dale remained owner and operator until 1986 when Jennings Petroleum Inc.,
filed a Notice of Underground Storage Tanks as owner of the facility. The notice
indicated that the facility had 5 USTs. The facility name was Self Serve and also
referred to as Conoco Self Serve. Apparently, the facility had become a Conoco flagged
station rather than Texaco. The Workmans still owned the property until 1990 when they
conveyed the property by warranty deed to the Mirl Jennings Family Living Trust and
Deane Jennings Family Living Trust. The Workmans as owner/operators of the Facility
from the early 1960s until 1986, and owners until 1990, one year before the reported
release would have a significant apportionment of liability. But they are both deceased
(Luella 2016 & Dale 2018). Whatever estates they left are likely distributed and gone.
In August of 1991, Jennings Petroleum Inc., as owner of the facility closed three
of the USTs (2-2000 gallon & 1-6000 gallon). It was during the closure that Release
FCO was discovered. Jennings Petroleum Inc. owned the facility from 1986 to the1991
closure of three USTs and reported release. The two Jennings family trusts owned the
property from 1990 to the 1991 UST closures and reported release. Jennings
Petroleum Inc. having owned the facility with old leaking 30 year old tanks for 5 years
could be apportioned a good amount of liability but Jennings Petroleum Inc., has been
expired as an incorporated entity since 2003 and no longer exists as a legal entity.
Although some liability could be apportioned to the two Jennings family trusts that
owned the property for a year prior to closing the USTs with the discovered FCO
release, Mirl and Deane Jennings are deceased (Deane 2004, Mirl 2014). Which means
their trusts are no longer available as the trusts have terminated with the assets going to
beneficiaries long ago. Mirl Jennings could be considered an operator of the facility but
again he is deceased since 2014.
Owners of the site after the 1991 FCO release are: Lessle and Lanette Gardner
who acquired the property in 1994, filed Notification of Underground Storage Tanks in
1996, then permanently closed the facility in 1996 with removing the final two 12,000
gallon USTs. Release JRH was discovered at this time which is not part of this RP
memorandum. Shri Ram, LLC, acquired the property in 2002. Then Duchesne Real
Estate Development, LLC acquired the property in 2014. None of these owner/operators
are responsible parties of the FCO release having owned or operated the facility after
the FCO release.
Conclusion
The owner and operators of the Facility leading up to the 1991 FCO release that
were individuals are all deceased. The legal entity companies and trusts no longer exist.
The one possible exception is Texaco now a part of Chevron. Still, Texaco if it had any
ownership interest or operator function it was early on when the USTs were new. There
could be little if any apportioned liability for a release 30 years later. Even so, the
records do not reveal any ownership interest or operator function. Indications are
Texaco gave Wilkersons and Workmans a license to operate under its flag name. Also,
the Conoco name was apparently later used for the gas station. Again, there is nothing
to indicate that Conoco had any ownership interest or operator status but the RPs were
licensed to use the Conoco flag. In sum, there are no responsible parties still available
for the FCO release.