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HomeMy WebLinkAboutDERR-2024-012737195 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 ERRP-376-24 December 10, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ronald Levi Myatt C.R. England & Sons, Inc. 4701 West 2100 South Salt Lake City, Utah 84120 Re:Notice of Non-Compliance for Aboveground Petroleum Storage Tank Violations C.R. England Trucking, located at 4701 West 2100 South, Salt Lake City, Utah Facility Identification No. 4001681 Dear Mr. Myatt: The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or operator of a facility having aboveground petroleum storage tanks (APSTs). 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 you. This facility contains one APST and is located at 4701 West 2100 South, Salt Lake City, Utah. The designated Facility Identification Number is 4001681. The compliance review indicates you have not satisfied the requirements of the Act and regulations. To achieve compliance, you must do all of the following within 60 days of the date of this letter: 1. Qualify for and obtain a certificate of compliance for the 80,000-gallon aboveground storage tank by completing the following: a. Submit a properly completed Application for Certificate of Compliance, the one submitted was missing a signature; b. Submit a visual inspection conducted by a third party; c. Submit a copy of a current (performed in the last 12 months) precision line tightness test for the product lines associated with the tank; Facility ID# 4001681 Page 2 d. Submit a site drawing that shows the tanks and the surrounding area; and e. Submit a properly completed Previous Pollution Incidents form. 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 APST 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 you have any questions, please contact Sean Warner, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/SDW/tt Enclosure: Utah Notification for Aboveground Petroleum Storage Tanks Form cc: Dorothy Adams, Executive Director, Salt Lake County Health Department Ron Lund, Environmental Health Director, Salt Lake County Health Department Utah Petroleum Storage Tank Program A lication for Certificate of Com liance Facility JD# 1../ DO [ b g / PST Owner Information PST Facility Information Owner Name: Facility Name: C. o f(. ,, Address: t../ 10 / W , State: U \ Z ip: i L/ I J t7 City: Wf~ t State: UT Zip : g }JD Contact: Lev Phone: <.20/.,,. ~Cj-/ ir 3 '3 DESCRIPTION OF PETROLEUM STORAGE TANKS Tank# 1 UST or AST .4-<.. i' Date Installed ,qq D Capacity 90, ooO Substance Stored VJfYI TANK/LINE TIGHTNESS TEST Indicate Pass or Fail for each tank and pr odu ct line tested. Include a co py of the test. Tank# Tank Test Line Test TYPE OF FACILITY ~ Marketi ng fac ility, or non-mark eter with facili ty average monthly through put greater than I 0,000 gallons. O No n-marketer with fa c ili ty aver age monthly thro ug hput less than 10,000 ga llo ns. COMPLIANCE WITH PST REGULATIONS D All Petro leum St orage Tanks (PSTs) at this facility have been registered . D Registration fees and Petroleum Storage Tank Fund Fees hav e be en paid . Are your PSTs currently in compliance with all Federal, State, and Local PST regulations, including applicable Fire Code? D Yes D No If"No" describe items of non-compliance: PREVIOUS POLLUTION INCIDENTS D Complete the Previous Pollution Incidents form to indicate whether a pollution incident has occurred at the facility . FINANCIAL RESPONSIBILITY MECHANISM DECLARATION {check one only) N I choose to participate in the Environmental Assurance Program (PST Fund) *. • Indicate the financial responsibility mechanism to be used for cleanup costs not covered by the Fund. • Indica te the nu mbe r of no n-regul at ed pe tr oleum storage tan ks at the facility. * No n-regu lated PSTs at the fac il ity may be required to part ici pat e in the Environmental Assurance Program. D I choose another Financial Responsibility mechanism for the PSTs at this facility. • Indicate the financial responsibility mechanism to be used: • (For self-insurance or guarantee) Indicate your company's fiscal year end date: • (For Insurance) Indicate the date the policy is renewed each year: The Certificate of Compliance cannot be issued until all documents have been submitted and the mechanism has been approved. If the mechanism has already been approved, submit documentation of coverage for the new tanks. I certify under p e nalty of law that the above representations made by me are tru e and correct. Owner/operator Signature Date Signed Colt:app 1022