DERR-2024-012847

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-0498-24
December 12, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Leland Patten
Lee’s Roundup #1 of Lehi, Inc.
1531 North State Street
Lehi, Utah 84043

Re: Corrective Action Plan Requirements
Lee’s Roundup #1 of Lehi, located at 1531 North State Street, Lehi, Utah
Facility Identification No. 1000723, Release Site OKD
Dear Mr. Patten:
The Division of Environmental Response and Remediation (DERR) received your
Subsurface Investigation Report on November 5, 2024. The DERR has reviewed the report
submitted and determined that the contamination at your release site must be cleaned up.
As outlined in Utah Admin. Code R311-202, Sections 280.66 and 280.67, a Corrective
Action Plan (CAP) to clean up the contamination at your site must be completed and submitted
within 90 days of receipt of this letter. Cleanup levels for your site will be established using the
criteria and standards required by Utah Admin. Code R311-211, and as described in the attached
guidelines. The DERR will review the CAP for approval based upon evaluating the cleanup plans
for the protection of human health and the environment, cost-effectiveness, and use of appropriate
cleanup technology.
The enclosed CAP Guide will provide a format for submitting a CAP. Any abatement or
cleanup activities at your leaking underground storage tank site must be performed by a Utah
Certified Petroleum Storage Tank Consultant as outlined by Utah Admin. Code R311-201-2(a).
Please contact your project manager within 30 days to arrange a meeting to discuss cleanup
alternatives and the CAP requirements.
Facility ID# 1000723
Page 2
If you have any questions concerning this compliance schedule or the cleanup process at
this Release Site, please contact Liberty Coe, the DERR project manager, at (801) 5364100.
Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/LC/rr

Enclosure: CAP Guide

cc: Eric Edwards, Executive Director, Utah County Health Department
Jason Garrett, Environmental Health Director, Utah County Health Department
Dave Hansen, Rockwell Solutions, Inc.
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Corrective Action Plan Guide
for
Petroleum Storage Tank Trust Fund
Leaking Underground Storage Tank Sites

June 14, 2017

Department of Environmental Quality
Division of Environmental Response and Remediation
195 North 1950 West, 1st Floor
P.O. Box 144840
Salt Lake City, Utah 84114-4840
Telephone: [phone]
Fax: [phone]

UTAH DEPARTMENT of
ENVIRONMENTAL QUALITY
ENVIRONMENTAL RESPONSE
& REMEDIATION

TABLE OF CONTENTS

Corrective Action Plan (CAP) Process

1 - CAP Meeting ..................................................................................................................1

2 - CAP Meeting Summary Letter and Public Notice ........................................................1

3 - Technical Specifications and Construction Details ........................................................2

4 - CAP Implementation ......................................................................................................2

5 - CAP Operation, Maintenance, Sampling, and Reporting ...............................................2

Attachments

A: Cleanup Levels and Screening Criteria

B: CAP Meeting Summary Letter Template

C: Public Notice Template

D: Permitting and Other Approvals

Corrective Action Plan (CAP) Process

The purpose of this guide is to help underground storage tank (UST) owners/operators, Responsible
Parties (RPs), and environmental consultants through the process of preparing a Corrective Action
Plan (CAP) for a leaking underground storage tank (LUST) site that is covered by the Petroleum
Storage Tank Trust Fund (PST Fund).

After a complete Subsurface Investigation has been performed in accordance with the Division of
Environmental Response and Remediation (DERR) Leaking Underground Storage Tank (LUST)
Subsurface Investigation Report Guide, an RP may request a CAP meeting with the DERR.
Cleanup levels for LUST sites are established using the criteria and standards promulgated in Utah
UST Rule R311-211 (see Attachment A).

1. CAP Meeting

A CAP meeting is held with the RP, UST owner/operator, Certified UST Consultant (with a current
PST Fund Statement of Qualifications), Division of Environmental Response and Remediation
(DERR) PST Fund Project Manager, and other stakeholders as appropriate. Other stakeholders may
include the current property owner or lessee. The purposes of the CAP meeting are to discuss
cleanup alternatives, estimated costs, and logistics, and to reach an agreement on a cost-effective
cleanup method for the site.

The PST Fund Project Manager will request, review, and approve a work plan and budget (WP&B)
so that the Certified UST Consultant can be reimbursed for attending the CAP meeting. All
WP&Bs must be pre-approved by the DERR prior to initiating work in order to be eligible for PST
Fund reimbursement.

2. CAP Meeting Summary Letter and Public Notice

After the CAP meeting, the cleanup alternatives and the chosen corrective action method will be
documented in a letter. Attachment B provides a CAP Meeting Summary Letter template. Public
Notice gives the potentially affected public an opportunity to comment on the CAP prior to its
implementation. Attachment C provides a Public Notice template. The following steps occur
during this portion of the corrective action plan process:

1. The PST Fund Project Manager will request, review, and approve a WP&B for the Certified
UST Consultant to develop a draft CAP Meeting Summary Letter and draft Public Notice.

2. The Certified UST Consultant will submit the draft CAP Summary Letter and draft Public
Notice to the PST Fund Project Manager for review and approval. Include a list of the
potentially affected public.

3. After the DERR Project Manager reviews and approves the draft CAP Summary Letter and
draft Public Notice, the DERR will notify the Certified UST Consultant to proceed with the

1

distribution of the CAP Meeting Summary Letter and Public Notice to the potentially
affected public.

4. All public comments will be reviewed by the DERR prior to approving the CAP.

3. Technical Specifications and Construction Details

For CAPs more complex than soil excavations (i.e., “dig & haul”), technical specifications and
construction design details including remediation system operation and maintenance (O&M)
schedules are required components of the CAP. Technical specifications describe the type and size
of all equipment used. Construction design details describe how and where the equipment will be
installed. The O&M schedule describes when the system is operated and how often maintenance
will be performed on the remediation equipment. Attachment D provides information on other
agencies from which approvals and/or permits may be required.

The PST Fund Project Manager will request, review, and approve a WP&B for the Certified UST
Consultant to develop the technical specifications, construction design details, bidding documents
(RFPs), and estimated costs to implement the CAP.

4. CAP Implementation

The PST Fund Project Manager will request, review, and approve a WP&B to implement the CAP.

5. Operation, Maintenance, Sampling, and Reporting

After the remediation system has been installed, the Certified UST Consultant must submit a CAP
installation report, including as-built drawings. In addition, the Certified UST Consultant must
submit reports documenting the progress of the remedial action.

Attachment A

Cleanup Levels and Screening Criteria

Initial Screening Levels (November 1, 2005)

Contaminants

Groundwater
(mg/L)

Soil
(mg/kg)
Benzene 0.005 0.2
Toluene 1.0 9
Ethylbenzene 0.7 5
Xylenes 10.0 142
Naphthalene 0.7 51
Methyl t-butyl ether (MTBE) 0.2 0.3
Total Petroleum Hydrocarbons
(TPH) as gasoline 1 150
Total Petroleum Hydrocarbons (TPH)
as diesel 1 500
Oil and Grease or Total Recoverable
Petroleum
Hydrocarbons (TRPH) 10 1000

Tier 1 Screening Criteria (November 1, 2005)
Tier 1 Screening Levels are applicable only when the following site conditions are met:
1) No buildings, property boundaries or utility lines within 30 feet of the highest measured
concentration of any contaminant that is greater than the initial screenings levels but less than or equal
to the Tier 1 screening levels; AND,
2) No water wells or surface water within 500 feet of highest measured concentration of any
contaminant that is greater than the initial screenings levels but less than or equal to the Tier 1
screening levels.

Contaminants

Groundwater
(mg/L)

Soil
(mg/kg)
Benzene 0.3 0.9
Toluene 3 25
Ethylbenzene 4 23
Xylenes 10 142
Naphthalene 0.7 51
Methyl t-butyl ether (MTBE) 0.2 0.3
Total Petroleum Hydrocarbons
(TPH) as gasoline 10 1500
Total Petroleum Hydrocarbons (TPH) as
diesel 10 5000
Oil and Grease or Total Recoverable
Petroleum
Hydrocarbons (TRPH) 10 10000

I I I I
I I I I

Attachment B

CAP Meeting Summary Letter Template

Project Manager
Division of Environmental Response and Remediation
195 North 1950 West, 1 st Floor
P.O. Box 144840
Salt Lake City, Utah 84114 -4840

Re: Corrective Action Plan Meeting Summary Letter
(Facility Name), located at (Facility Address), Utah
Facility Identification No. ____________, Release Site ______

This letter presents the results of the Corrective Action Plan (CAP) meeting that was held at
__________on ___________, regarding proposed corrective action at (Facility Name)
located in _____________, Utah. Attendees at the meeting included (Consultant ) from
(Consulting Firm) with (PST Fund Project Manager ) from the Division of Environmental
Response and Remediation (DERR), (responsible party or UST owner/operator), and any
others.

Explain current property use and give a brief history of the project.

The following corrective action alternatives were discussed at the meeting:
1)
2)
3)
The corrective action method selected i s (describe approach ; i .e ., dig & haul,
remediation system, monitored natural attenuation , etc.). Th is corrective action
method was selected because :
1)
2)
The following permits and approvals will be obtained for this work:
1)
2)
S incerely,

Certified UST Consultant No. ______

Enclosure s : Site Map
Public Notice

Attachment C

Public Notice Template

PUBLIC COMMENT PERIOD __________ to ________
Start Date End Date

Leaking Underground Storage Tank Petroleum Cleanup Project
Facility Name & Address
Facility ID No. _________ and Release Site ________

T he Division of Environmental Response and Remediation (DERR) is planning to oversee
the remediation of the petroleum -contaminated soil and groundwater at the above site.
The environmental consultant for this project is __________________.

Site Description
(Include brief history of release and site conditions)

Proposed Remediation Method
The proposed remediation method is _________________ and will consist of the following:
1)
2)…

Proposed Schedule
Excavation/dewatering or in -situ remediatio n system installation is planned to begin on
_______ (date) and is expected to take approximately ________ (how long?) For in-situ
remediation systems, also add : The consultant estimates that the system will operate from
about ________ to _________ (estimated time frame)”

A copy of the Corrective Action Plan Meeting Summary Letter prepared for this site is
attached . If you have any comments, please contact:

______________ DERR Pr oject Manager
Division of Environmental Response and Remed i ation
195 North 1950 West, 1 st Floor
P.O. Box 144840
Salt Lake City, Utah 84114 -4840
(801) 536 -______

Attachment D

Permitting and Other Approvals

Permits or approvals from the following agencies may be required to implement a CAP. This list
is not all inclusive and the Certified UST Consultant is responsible for complying with all
applicable local, state or federal rules, codes or laws. The Certified UST Consultant must submit
documentation that all approvals and permits have been obtained.

Division of Air Quality at [phone]
If you anticipate emitting petroleum vapors into the atmosphere during any phase of the cleanup
process, notify the Division of Air Quality so that they can determine whether an air discharge
permit or approval letter is required.

Division of Water Quality at [phone]
Any required permits or approvals, including groundwater or surface water (storm drain)
discharge, pretreatment or re-injection, must be obtained prior to implementing the CAP.

Division of Waste Management and Radiation Control at [phone]
If you suspect or know that the release is a hazardous waste (such as chlorinated solvents) or a
mixed hazardous/petroleum waste, notify the Division of Waste Management and Radiation
Control to ensure compliance with permitting, disposal, and sampling requirements.

Local Agencies
Contact the appropriate local agencies, such as the County Environmental Health Department,
Fire Department, Public Works Department, City Building Departments, Sanitary Sewer
Districts, UDOT, etc. for applicable approvals and permits. The Certified UST Consultant must
complete any applications and pay all fees that are required for activities related to the
construction or cleanup activities, remediation system operation, waste disposal, air emissions, or
water discharges.

Blue Stakes of Utah at 811, [phone], or [phone]
Contact Blue Stakes of Utah for marking underground utilities prior to any digging or
construction activities. Their website is www.bluestakes.org. ---
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Lee 's Roundup
ATTN : Leland Pattern
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