DERR-2024-005022

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Nicole Chavez
Berry OGB 2000712 Overfill Subrogation Letter
EAP Correspondence > EAP Draft > Nicole > Berry OGB 2000712 Overfill Subrogation Letter
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02/26/2024
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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
ERRA-07-24

March 14, 2024

SENT CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Ronald L. Berry, President
John C. Berry & Sons, Inc.
DBA - Berry Oil
6247 South Third
Tetonia, Idaho 83452

Jordan Erickson, Operations Manager
Berry Oil
1900 South Yellowstone Highway
Idaho Falls, Idaho 83402

John Paxman Hill, Registered Agent
John C. Berry & Sons, Inc.
153 South 900 East, Suite #3
Salt Lake City, Utah 84102

Re: Release of Petroleum
Fast Stop 1113, located at 400 North 300 West, Scipio, Utah
Facility Identification No. 2000712, Release Site OGB

Dear Messers. Berry, Erickson, and Paxman:

According to reports provided to the Division of Environmental Response and Remediation
(DERR), a petroleum release occurred while an employee of John C. Berry and Sons, Inc., DBA-
Berry Oil (Berry Oil) was delivering petroleum to the above-referenced facility (Facility) on or
about November 9, 2022. Presumably, the cause of the release was overfilling the tanks.

The DERR Division Director has authority to recover costs from any person if that person
caused or substantially contributed to a release. Utah Code Ann. § 19-6-418(2). Information
received by the DERR preliminarily indicates that an aboveground storage tank (AST) was
overfilled when Berry Oil’s delivery company was making a fuel delivery on November 9, 2022.
This release may be covered under the State of Utah’s Petroleum Storage Tank (PST) Fund.
Facility ID# 2000712
Page 2

However, under Utah Code Ann. § 19-6-426(7), the PST Fund is subrogated to all the responsible
parties’ rights of recovery against any person or organization. Therefore, any money expended by
the State of Utah in abating, investigating, or remediating the release may be cost-recovered from
Berry Oil if it is determined that the delivery company, equipment, or employee caused the release.

Please provide the DERR with information about the delivery driver, including his name
and contact information, and the volume of petroleum spilled at the Facility, as well as the
circumstances surrounding the release. Also, please provide to the DERR a copy of any insurance
policies that Berry Oil has that may cover damages caused by the petroleum release.

In addition, please indicate whether Berry Oil or its insurer would be interested in taking the
lead to investigate the extent of the release and clean it up, or whether Berry Oil or its insurer would
prefer to reimburse the State and the Facility owner for their costs in doing so. If Berry Oil or its
insurer is interested in doing the work, arrangements will need to be made with the State from the
DERR Division Director to the Facility owner/operator indicating the requirements for investigation
of the site at this time.

Please provide the requested information by March 31, 2024. If you have any questions,
please contact Nicole Chavez, the DERR project manager, at [phone].

Sincerely,

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

BHE/NMC/ss

cc: Nathan Selin, Executive Director, Central Utah Public Health Department
Eric Larsen, Environmental Director, Central Utah Public Health Department