DERR-2025-000124

DSHW-2024-005434 195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. 711
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 WASTE MANAGEMENT
AND RADIATION CONTROL

Douglas J. Hansen
Director

April 17, 2024

Drew McDonald
PacifiCorp dba Rocky Mountain Power
1407 West North Temple Street
Salt Lake City, UT 84116

RE: PacifiCorp Request for Comfort Letter for Lakeview Business Park

Dear Mr. McDonald:

On March 6, 2024, I received a letter from you requesting a comfort letter concerning property for four
easements in Grantsville City, Tooele County, Utah, hereafter, the “Property.” I understand PacifiCorp
plans to acquire these easements to construct a new underground electrical distribution line to service a
new business/industrial park development. The four easements for this distribution line include:

RG Lakeview Lot 8
RG Lakeview South
Boyer Lot 9
Boyer Lot 11

Based on the information I have concerning the Property and PacifiCorp’s relationship to it, including
your letter of March 6, 2024, I do not anticipate requiring PacifiCorp to become a permittee under the
Solid and Hazardous Waste Act concerning the Property; nor do I contemplate taking enforcement
action against PacifiCorp concerning trichloroethylene contamination that may be in groundwater
beneath the Property.

I have considered the background information about the Property provided in your letter in writing this
reply to your request.

You provided a legal description of the property PacifiCorp plans to acquire easements on. You
explained that RG Lakeview, LLC, Boyer Investment Group, LLC, and Lakeview Industrial 1
Owner, LLC are the current owners of the Property.
(Over)

Page 2 of 3

You stated PacifiCorp is not a permittee under a permit under Utah Code Section §19-6-108.3 (1)(a)(i);
that Section is not applicable to your comfort letter request and my response. However, I understand
PacifiCorp to mean that it is not a permittee with respect to the Property under the Utah Solid and
Hazardous Waste Act. To my knowledge, PacifiCorp is, in fact, not a permittee under that Act.

Among the representations you made in your letter, you certified that neither PacifiCorp nor its affiliates
has violated the Solid and Hazardous Waste Act or any other environmental stature with respect to the
Property, have caused any environmental contamination at the Property, or are responsible for response
costs at the Property.

Portions of the Property became subject to a Site Management Plan on February 18, 2021, and became
subject to an Environmental Covenant between the Utah Department of Environmental Quality and
RG Lakeview on May 5, 2021. I understand PacifiCorp agrees to comply with all applicable access
requirements or institutional controls set forth in the Site Management Plan, the Environmental
Covenant, or related documents.

PacifiCorp agrees to exercise appropriate care with respect to hazardous substances or hazardous
materials found or suspected at the Property. PacifiCorp will take reasonable steps to: (a) stop any
continuing release; (b) prevent any threatened future release; and (c) prevent or limit human,
environmental, or natural resource exposure to any previously related hazardous substance or hazardous
material.

PacifiCorp says it has made all appropriate inquiries into the previous ownership and uses of the
Property as outlined in 40 Code of Federal Regulations (CFR) Part 312 and qualifies as a bona fide
prospective purchaser under 42 United States Code (USC) § 9601(40). I understand that PacifiCorp is
acquiring easements concerning the parcels of property described in your letter. I reach no conclusion
as to whether PacifiCorp qualifies as a bona fide prospective purchaser under 42 USC § 9601(40).

My providing this comfort letter is based on my understanding that PacifiCorp will take no action that
would cause or threaten further releases or distribution of the contaminants at the site that would
increase risk to human health, the environment, or natural resources.

This letter is provided solely for informational purposes and does not limit my authority to enforce those
Utah laws for which I have responsibility at the Property. It is not a determination that no further action
is necessary at the Property; nor is it a release of liability.

If you have any questions, please call Jasin Olsen at 385-499-0494 or have your attorney call
Raymond Wixom, Assistant Attorney General, Utah Attorney General’s Office at 385-414-0664.

Sincerely,

Douglas J. Hansen, Director
Division of Waste Management and Radiation Control

Page 3 of 3

DJH/JO/wa

c: Jeff Coombs, Health Officer, Tooele County Health Department
Bryan Slade, Environmental Health Director, Tooele County Health Department
Drew McDonald, PacifiCorp dba Rocky Mountain Power (Hard Copy and Email)
Steven G. Jones, Ray Quinney & Nebeker P.C. (Hard Copy and Email)
Raymond Wixom, Assistant Attorney General, Utah Attorney General’s Office