DSHW-2024-006718

[Date]
Escalante City
Attn: Daryl Griffin, Public Works Director
P.O. Box 189
Escalante, UT 84726
RE:Compliance Advisory No. 2405091Annual Reporting DeficienciesSW173
Dear Mr. Griffin:
This Compliance Advisory is being sent to your attention as a representative of Escalante City (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 its Escalante CD Landfill.
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)(iv) requires an annual update of the financial assurance mechanism to be submitted as part of the annual report, and Utah Admin. Code R315-309-2(2)
requires that the annual financial assurance update includes adjustments for inflation or facility modification that would affect closure or post-closure care costs. The inflation factor
published in January 2024 is 1.037. Utah Admin. Code R315-309-8(5) requires that the records generated at the close of the most recent fiscal year to meet the local government financial
test under the requirements of Admin. Code R315-309-8(4) are submitted, including but not limited to cost estimates covered by a financial test, certification of the procedures and assumed
costs under the local government financial test, and independent audit reports.
The 2023 annual report submitted on February 5, 2024 did not include the annual update of the financial assurance mechanism, including adjustments for inflation or facility modification
that would affect closure or post-closure care costs. The required local government financial test documentation was also not included.
Utah Admin. Code R315-302-2(4)(b)(vi) requires training programs or procedures completed be submitted as part of the annual report.
The 2023 annual report submitted on February 5, 2024 did not includetraining records.
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:
Documentation demonstrating adjustments to the financial assurance mechanism for inflation or facility modification that would affect closure or post-closure care costs as required by
Utah Admin. Code R315-302-2(4)(b)(iv), and all records required for the local government financial test as provided in Utah Admin. Code R315-309-8(5), and all records required for the
corporate test as provided by Utah Admin. Code R315-309-9(4).
Proof that a training program has been implemented as required by Utah Admin. Code R315-302-2(2)(o) and the facility permit Section III.C.
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 contactKelly Shaw at 385-454-5832.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/KMS/[???]
c:Jeremy Roberts, Environmental Health Director, Southwest Utah Public Health Department
Paul Wright, P.E., District Engineer, UDEQ