DSHW-2024-006199

May XX, 2024
Michael Mimbach
Mimbach Co.
P.O. Box 634
Oakley, UT 84055
RE:Compliance Advisory No. XXXXXXXAnnual Reporting and Plan of Operation DeficienciesSW 434
Dear Mr. Mimbach:
This Compliance Advisory is being sent to your attention as a representative ofMimbach Co Compost Farm (the Respondent). According to the Division of Waste Management and Radiation Control’s
(Division) records, you are the designated contact person for the Respondent. The Division has conducted a review of records received from the Respondent to verify compliance withannual
reporting requirements under Utah Administrative Code R315 for the Mimbach Co Compost Farm.
Based on the records review, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice of the following compliance issues as well
as an opportunity to correct these apparent violations:
Utah Admin. Code R315-302-2(4)(b)(vi) requires training programs or procedures completed be submitted as part of the annual reportwhich is due by March 1ST each year.
The 2023 annual report submitted on March 12, 2024 did not includetraining records.
In addition, on November 29, 2023, you emailed a draft version of your Plan of Operation as a new facility owner. It was reviewed, and comments and noted deficiencies were sent back
to you on November 30, 2023 to correct. Since that time, no progress has been made, and Division staff have made efforts through email and telephone to you to complete the Plan of Operation
- which to this date it has not been done.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. 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 compliance issue and associated corrective actions to the Director:
Training records as required by Utah Admin. Code R315-302-2(4)(b)(vi).
Submit a revised Plan of Operation that includes the noted deficiencies sent on November 30, 2023.
New or fully revised annual reports, along with uploaded documentation, may be submitted using the “Submit an Annual Report” function in the online Community Portal available at: https://deqorg.utah.gov/
For submissions that do not include a new or fully revised annual report, all information 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]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above and
in accordance with Utah Code § 63G-2-309.
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 the15day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. 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 contactMatt Sullivanat [phone].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/MBS/wa
c:Phil Bondurant, Health Director, Summit County Health Department
Nathan Brooks, Environmental Health Director, Summit County Health Department