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HomeMy WebLinkAboutDERR-2024-012850 195 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 ERRL-0501-24 December 12, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Glen Anderson ABL Tanklines, LLC 901 South Redwood Road Woods Cross, Utah 84087 Re: Non-Compliance Letter ABL Trucking, located at 901 South 1800 West, Woods Cross, Utah Facility Identification No. 3000569, Release Site OIW Dear Mr. Anderson: The Underground Storage Tank Act (Act) regulates petroleum storage tanks (PSTs) and imposes certain obligations on the owner or operator of a facility having PSTs. The Act specifically requires the owner or operator of a facility with PSTs to meet the following requirements: 1. Report suspected releases within 24 hours; 2. Investigate and confirm the release; 3. Perform initial response actions to control the release; 4. Perform site characterization; 5. Perform free product removal; 6. Perform an investigation for soil and groundwater cleanup; 7. Perform corrective actions as approved or required; and 8. Submit reports according to their required schedules. Records maintained by the Division of Environmental Response and Remediation (DERR) indicate that ABL Tanklines, LLC owns or operates ABL Trucking, which has been assigned the DERR Facility Identification Number 3000569 and Release Site Identification OIW. A petroleum release was confirmed on September 18, 2023, based on observed petroleum contamination of the ground surface at the above-referenced facility. The DERR is aware that ABL has worked with the Davis County Health Department to settle a Notice of Violation, but without environmental sampling, the above-referenced release cannot be closed. Facility ID# 3000569 Page 2 *UAC R311-202 adopts and incorporates by reference 40 CFR 280 in effect as of October 13, 2015. The DERR issued a Subsurface Investigation Reporting and Requirements letter by certified mail, return receipt requested to ABL Tanklines, LLC on September 27, 2024, for this Release. Notwithstanding the issuance of the Reporting and Remediation schedule, to date, the following have not been submitted to the DERR: 1. A report detailing the Subsurface Investigation information. To satisfy the requirements contained in the Reporting and Remediation schedule, the following must be done: 2. Submit a Subsurface Investigation report within the required schedule, as required by Utah Admin Code R311-202, Section 280.65*. The Act gives the Director of the DERR the power to enforce the rules of the Division of Waste Management and Radiation Control Board by issuing Notice of Agency Action or Orders. Furthermore, the Division Director has the authority to seek a civil penalty of up to $10,000.00 per day for each day of violation of the Act pursuant to Utah Code., Section 19-6-425. This letter also advises that failure to comply with the requirements of the applicable statutes and rules listed above within 30 days of receipt of this letter, may result in the issuance of a Notice of Violation and Order to Comply and the assessment of a civil penalty. If ABL Tanklines, LLC fails to achieve compliance with this letter, the DERR may implement corrective action at the above-referenced site and may use State monies to investigate, abate, and remediate the site. ABL Tanklines, LLC may be subject to cost recovery of all funds expended by the State of Utah. PST release management, abatement, investigation, or corrective action must be performed by a Certified PST Consultant as outlined in Utah Admin. Code R311-201-2. If you have questions concerning this matter, please contact Hillary Mason, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/HLM/rr cc: Brian E. Hatch, Director, Davis County Health Department Jay Clark, Environmental Health Director, Davis County Health Department Cole Fessler, Fire Marshal, South Davis Metro Fire Kimberlee McEwan, Assistant Attorney General, Utah Attorney General’s Office t, ~ ~ J I rn l J] .:r- ..Jl a-rn ,..:i II) ,..:i □ □ □ □ ,..:i .:r- ru ru ru □ ["'- U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only ·1••· . . . .. . . "' 0 F F I C I A L u s E Certified Mail Fee $ Extra Services & Fees /check box, add fee as appropriate) 0 Return Receipt (hardcopy) $ 0 Return Receipt (electronic) $ Postmark 0 Certified Mail Restricted DellvO!)I $ Here D Adult Signature Requ ired $ D Adult Signature Restricted Delivery $ ABL Tanklines, LLC ATTN : Glen Anderson 901 S. Redwood Rd . -----------·--------------- Woods Cross , UT 84087 --------------------------- PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructi ons Certified Mail service provides the following benef its: • A rece ipt (this portion of the Certified Mail labeO. for an electronic return receipt see a retai l • A un ique identifier for your mailpiece . associate for assistance . To receive a duplicate ■ Electronic verification of delivery or attempted return receipt for no addltional fee , present this delivery. USPS®-postmarked Certified Mail receipt to the ■ A record of delivery (including the recipient's retail assoc iate . . . . signature) that is retained by the Postal service™ -Restricted delivery service , wh1c_h provides for 8 sp ecified period . delivery to the addresse e _s pecifi ed by name, or Important Reminders: • You may purchase Certified Mail service with First-Class Mai l•, First-Class Package Service•, or Priority Mai l"' service . • Certified Mail service is not avai la ble for International mail. • Insurance coverage is not available for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the ins urance coverage automatically Included with certain Priority Mai l items . • For an additional fee , and with a proper endorsement on the mailpiece , you may request the following services : -Return receipt service, which provides a record of delivery (including the rec ipient's signature). You can request a hardcopy return receipt or an electronic version . For a hardcopy return receipt, complete PS Form 3811 , Domestic Retum Receip~ attach PS Form 3811 to your mailpiece; to the add ress ee 's authorized agent -Adult signature service, which requires the signee to be at least 21 years of age (not available at retaiO . -Adult signature restricted delivery service , which requires the signee to be at least 21 years of age and provides delivery to the addressee specified by name , or to the addressee 's authorized age nt (not available at retail). ■ To ensure that your Certified Mail rece ipt is accepted as legal proof of maili ng , it should bear a USPS postmark. If you would like a postmark on this Certified Mail rece ipt, please present your Certified Mail item at a Post Office™ for postmarking . If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label , affix it to the mailpiece , apply appropriate postage, and deposit the mailpiece . IMPORTANT: Save Ibis receipt for your records. PS Form 3800, Apnl 2015 (Revmse) PSN 7530-02-000-9047