DERR-2024-005160

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
ERRL-0068-24
February 15, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Gage Carlsworth
Ogden City Redevelopment Agency
2549 Washington Boulevard, Suite 521
Ogden, Utah 84401

Re: Subsurface Investigation Reporting and Requirements
Former Interstate Brands Facility, located at 2557 South Grant Avenue, Ogden, Utah
Facility Identification No. 1200029, Release Site OJY
Dear Mr. Carlsworth:
A release of petroleum from a petroleum storage tank (PST) at the above-referenced site
was reported on February 9, 2024, to the Division of Environmental Response and Remediation
(DERR) based on a report of petroleum contamination observed during an abandoned underground
storage tank (UST) removal. According to Utah Administrative Code R311-202, you are required
to report, control, abate, and characterize the release by defining the extent and degree of petroleum
contamination and remediate (clean up) the release. These regulations require that you prepare
specific reports addressing the release and submit them to the DERR within specified time frames
following the release.

Your project manager has reviewed the release report information and has made the
recommendation that additional investigation work is required. The project manager has relied on
the information provided and has not made an independent investigation of the facility. The intent
of performing the investigation is to define the extent and degree of subsurface petroleum
contamination and evaluate the potential risks to human health and the environment. A Subsurface
Investigation Report (SIR) outlining the results of the investigation must be submitted to the DERR
within 90 days of your receipt of this letter.

Requirements for an SIR are detailed in the Leaking Underground Storage Tank (LUST)
Subsurface Investigation Report Guide (May 2014), which can be found on our website:
https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/leaking-undergr
ound-storage-tanks-remedial-assistance/lust-subsurface-inves tigation-report-guide.pdf.
Facility ID# 1200029
Page 2
If you hire a consultant to perform work related to this release, they must be a Certified PST
Consultant (Utah Admin. Code R311-201-2).

Upon submitting the SIR, the investigation results will be evaluated to determine if no
further action (closeout) is appropriate or if additional work is necessary. This additional work may
consist of performing additional investigation activities, conducting cleanup, implementing
environmental monitoring and/or performing a risk assessment.

During the 2014 Utah Legislative Session, Section 19-6-420(10)(a) of the UST Act was
amended to allow the DERR to recover certain expenses incurred by the DERR for petroleum
releases not covered by the PST Fund. The DERR’s expenses for managing and overseeing the
abatement, investigation or corrective action can be billed on a quarterly basis to the responsible
party. These expenses will be billed at a rate set by the Utah Legislature for oversight and review,
which is currently $115.00 per hour. Payment will be due within 30 days from the billing. Certain
factors may be considered by the Division Director when determining whether to recover these
management and oversight costs. If the responsible party can demonstrate an inability to pay, the
Division Director may grant an exemption from paying these expenses. You may contact us to
request an application for exemption, if needed.

If you have any questions concerning this letter or completing the required reports, please
contact Mark Crim, the DERR project manager, at [phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/MEC/rr

cc: Brian Cowan, B.S., M.P.H., Director, Weber-Morgan Health Department