DERR-2024-011288

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
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
ERRP-316-24
October 9, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Thompson
Rock Candy Mountain, LLC
P.O. Box 278
Marysvale, Utah 84766
Re:Notice of Non-Compliance for Underground Storage Tank Violations
Big Rock Candy Mountain, located at 4550 South Highway 89, Marysvale, Utah
Facility Identification No. 2000328
Dear Mr. Thompson:
The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or
operator of a facility having underground storage tanks (USTs). The Act authorizes the Director of
the Division of Environmental Response and Remediation (Division Director) to enforce the Act
and rules promulgated thereunder by issuing notices and orders. At the request of the Division
Director, the Division of Environmental Response and Remediation (DERR) performed a
compliance review for the facility owned or operated by Robert Thompson (you). This facility
contains one UST and is located at 4550 South Highway 89, Marysvale, Utah. The designated
Facility Identification Number is 2000328.
The compliance review indicates you have not satisfied the requirements of the Act and
regulations. To achieve compliance and avoid re-training for A/B operators, you must do all
of the following within 60 days of the date of this letter:
1. Submit both tank and piping leak detection records for UST #1. Failure to document
leak detection records may result in re-training for the class B operator. Send in
Automatic Tank Gauge (ATG) records for the tanks for the past year. For the lines
you need to send in the liquid status reports for the last year.
2. Submit a copy of a current (performed in the last 12 months) test for proper operation
of the automatic line leak detectors on the pressurized product lines associated with
UST #1. This test was due April 26, 2024.
Facility ID# 2000328
Page 2
3. Submit a copy of the current (performed within the last three years) spill bucket test
documenting they are liquid tight. This test was due July 23, 2024.
4. Submit a copy of the current (performed within the last three years) overfill
prevention equipment test documenting proper operation. This test was due
July 23, 2024.
5. Submit documentation to show that you have had a qualified cathodic protection
tester test your cathodic protection system within (the last three years). This test was
due July 23, 2024.
6. Submit a copy of the current (performed in the last 12 months) test for proper
operation of the ATG. This test was due April 26, 2024.
7. Submit a copy of the current (performed within the last three years) vacuum, pressure
or hydrostatic test of the STP and UDC sumps used for Interstitial Monitoring
showing they are liquid tight. These tests were due July 23, 2024.
The Act, Utah Code Ann. §§ 19-6-407 and 19-6-408, gives the Division Director the
authority to assess a civil penalty of $1,000.00 if an owner or operator of an UST fails to register
the tank or fails to pay fees within 60 days of due date, and to assess interest on the unpaid
registration fee balance. Under Utah Code Ann. § 19-6-425, other violations of the Act, rules, or
orders may result in civil penalties of up to $10,000.00 per day. Failure to comply with the Act and
regulations may also result in revocation of your certificate of compliance under Utah Code Ann. §
19-6-414.
Failure to comply with the requirements of the Act and rules may result in the issuance of a
Notice of Violation and Order and/or a Notice of Agency Action and the assessment of a civil
penalty.
If your facility remains out of compliance with the requirements outlined above, the class
A/B operator may be subject to re-training requirements and must successfully complete an
appropriate training course and examination.
If you have any questions, please contact Sean Warner, the DERR project manager, at
[phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/SDW/tt
cc: Nathan Selin, Executive Director, Central Utah Public Health Department
Eric Larsen, Environmental Director, Central Utah Public Health Department
John Chartier, District Engineer, Utah Department of Environmental Quality
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