DSHW-2024-006159

[Date]
Boulder Town
Attn: Judy Drain, Mayor
P.O. Box 1329
Boulder Town, Utah 84716
RE:Compliance Advisory No. 2404079Compliance Evaluation Inspection
Dear Ms. Drain:
This Compliance Advisory is being sent to your attention as a representative of Boulder Town (the Respondent). According to the Division of Waste Management and Radiation Control’s (Division)
records, you are the designated contact person for the Respondent. On April 11, 2024, a representative of the Division conducted a compliance evaluation inspection at the Respondent’s
facility. The scope of the inspection was to verify compliance with your permit9613R3,Utah Administrative Code R315 (the Rules), and the Utah Solid and HazardousWaste Act (the Act).
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the followingcompliance issues as well as an opportunity to correct these apparent violations: Utah Administrative Code R315-303-3 (7)(d) requires “erecting a sign at the facility
entrance that identifies at least the name of the facility, the hours during which the facility is open for public use, unacceptable materials, and an emergency telephone number.” At
the time of the inspection signage indicated the name of the facility and hours of operation.
Requested Corrective Action: Please add signage with a list of unacceptable materials and an emergency telephone number.Utah Administrative Code R315-302-2(3)(a) requires “a daily operating
record, to be completed at the end of each day of operation, that shall contain:the weights, in ton, or volumes, in cubic yards, of solid waste received each day, number of vehicles
entering, and if available, the type of wastes received each day;deviations from the approved plan of operationtraining and notification procedures;(v)an inspection log or summary”
At the time of the inspection, complete records were not maintained.
Requested Corrective Action: Please implement daily record keeping to include the above items.Utah Administrative Code R315-309-2(3) requires “Financial assurance cost estimates shall
be based on a third party performing closure or post-closure care. The closure cost estimate shall be based on the most expensive cost to close the largest area of the disposal
facility ever requiring a final cover at any time during the active life in accordance with closure plan and at a minimum must contain the following elements if applicable:The cost of
obtaining, moving, and placing the cover material;The cost of final grading of the cover material;The cost of moving and placing topsoil on the final cover;The cost of fertilizing, seeding,
and mulching or other approved method; andThe cost of removing any stored items or materials, buildings, equipment, or other items or materials not needed at the closed facility.
The post-closure care cost estimate shall be based on the most expensive cost of completing the post-closure care reasonably expected during the post-closure care period and must contain
the following elements:Cover stabilization which will include an estimate of the area and cost for expected annual work to repair residual settlement, control erosion, or reseed. “Per
conversations during the inspection, financial assurance cost estimates have never been performed.
Requested Corrective Action: Please acquire financial assurance cost estimates for closure and post-closure.Facility permit Section II A.2. requires “The Permittee shall notify the Director
upon completion of construction of any landfill cells or run-on and run-off diversion systems. No landfill cells or run-on and run-off diversion system may be used until construction
is approved by the Director.” At the time of the inspection it was indicated that new cells are constructed regularly, however, notification has not been made to the Director prior to
construction/use of new cells.
Requested Corrective Action: Please notify the Director prior to construction of new cells and await approval of new cells prior to placing waste in the cells. Please refer to Attachment
#1 – Landfill Design and Construction of the approved permit for approved waste cell plans.
Facility permit Section III.C.1. requires “The Permittee shall provide training for on-site personnel in landfill operation, including waste load inspection, hazardous waste identification,
and personal safety and protection.” At the time of the inspection the inspector was informed that no trainings have been performed.
Requested Corrective Action: Implement a training program and keep records of training performed. These records shall be uploaded with the annual report in accordance with Utah Administrative
Code R315-302-2(4)(b) which requires “The annual report shall cover facility activities during the previous year and must include, at a minimum, the following information: (vi) training
programs or procedures completed."
Facility permit Section III.E.3. requires “The Permittee shall use a minimum of six inches of earthen cover no less than once each month for all wastes received at the landfill. This
cover shall consist of soil; no alternative may be used.” And, Section III.E.4. requires “The Permittee shall record in the daily operating record and the operator shall certify at the
end of each day of operation when soil or an alternative cover is placed, the amount and type of cover place and the area receiving cover.” At the time of the inspection, cover was not
being placed each month and operating records did not indicated when cover or where cover was placed, the type of cover used or the amount of cover placed.
Requested Corrective Action: Cover waste at least once each month, and record when cover is placed in the operating record.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent violations. The Director will also consider any evidence and additional
information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each violation and associated corrective actions to the Director:
the cause of each violation;
the specific corrective actions taken, results achieved, and applicable dates;
if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and
how the corrective actions will prevent similar violations from recurring.
All information regarding corrective actions 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]
If the Respondent’s response is submitted by email, please confirm submission by receipt of an autoreply email.DO NOT submit any documents or information through email that are confidential,
proprietary, or for which the Respondent claims business confidentiality pursuant to the procedures in Utah Code § 63G-2-309(1)(a)(i). To better protect confidential or protected records,
all such documents and information must be submitted in paper form, using the U.S. Mail address above. Note that the Division classifies all records relating to an enforcement matter,
including this Compliance Advisory, as being protected during the pendency of the matter, pursuant to Utah Code Section 63G-2-305(10). However, once the matter is closed, this protected
classification no longer applies.
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 the30-day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financialpenalties. 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 contactKelly Shaw at 385-454-5832.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/KMS/[???]
Enclosure: DSHW-2024-005898
c:Jeremy Roberts, Environmental Health Director, Southwest Utah Public Health Department
Paul Wright, P.E., District Engineer, UDEQ
Jessica LeFevre, Town Clerk, Boulder Town(email [e-mail])