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HomeMy WebLinkAboutDSHW-2024-007619August XX, 2024 Wayne Anderton, Solid Waste Director Tooele County 47 South Main Tooele, UT 84074 RE:Compliance Evaluation Inspection, Tooele County Ibapah CD LandfillSW195 Dear Mr. Anderton: On May 9, 2024, representatives of the Division of Waste Management and Radiation Control conducted a compliance evaluation inspection at your facility. The scope of the inspection was to determine compliance with the Utah Solid Waste Permitting and Management Rules and the conditions of your Solid Waste Permit. Based on the findings documented during the inspection, your facility received Compliance Advisory No. 2405099 (DSHW-2024-006459) from the Division dated July 2, 2024.The Compliance Advisory identified three compliance issues and associated corrective actions necessary to restore compliance. You submittedphotographic evidence of the corrective actions taken via email on June 13, 2024, which were compiled into an inspection report (DSHW-2024-007271). The Division has reviewed this submission and determined that Violations 1 and 3 were addressed and corrected, but that Violation 2 has not been fully addressed nor corrected. Violation 2 states the following: “Utah Administrative Code R315-305-5(1) states that an owner or operator of a Class VI Landfill“shall not accept any other form of waste except the wastes specified in SubsectionR315-305-1(1).” The waste listed in Subsection R315-305-1(1) is “construction and demolitionwaste, inert waste, yard waste, and dead animals.” Section I.B. of the Permit listsconstruction/demolition waste, yard waste, inert waste and dead animals as the only acceptablewaste for the landfill. Municipal Waste is prohibited as listed in the Permit section I.C. Utah Administrative Code R315-305-5(2) states that the owner or operator of a Class IV landfill“shall prevent the disposal of unauthorized waste by ensuring that at least one person is on siteduring hours of operation and shall prevent unauthorized disposal during off-hours by controllingentry, i.e., lockable gate or barrier, when the facility is not open.” Section III.B of the Permitstates the landfill owner or operator shall “lock all facility gates and other access routes duringthe time the landfill is closed; have at least one person employed by the Permittee at the landfillduring all hours that the landfill is open; and construct all fencing and any other accesscontrols...to prevent access by persons or livestock by other routes.” During the inspection, large portions of the waste observed in the open cell and throughout theFacility appeared to be municipal solid waste, which is not approved for disposal at the Facility.The Facility was unattended and there was no gate to prevent entrance. Fencing along thesouthwest perimeter appeared leveled or removed. Requested Corrective Action: Ensure that an employee is present during all hours of operation.Repair fence so that the entirety of the landfill is fenced. Install a lockable gate or barrier toprevent unauthorized entry to the facility and unauthorized disposal of municipal solid waste.” Within 30 days of receipt of this letter, please submit the following to the Division: the cause of Violation2; the specific corrective actions taken, results achieved, and applicable dates for correcting Violation2; if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and how the corrective actions will prevent similar compliance issues from recurring. All information regarding corrective actions 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: dwmrcsubmit@utah.gov DO NOT submit any documents or information through email that are protected, confidential, proprietary, or for which you are claiming business confidentiality under Utah Code § 63G-2-305. To better ensure records are protected, all such documents 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 actions regarding the matters addressed in this letter, the Director will issue a close out letter and will consider this matter to be closed. However, if the Respondent fails to demonstrate appropriate corrective actions within the 30-day timeframe, the Director will consider taking escalated enforcement actions, including seeking financial penalties. In all events, the matters addressed in this letter, 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 contactWade Hessatwasdehess@utah.gov or (385) 454-5877. Sincerely, Douglas J. Hansen,Director Division of Waste Management and Radiation Control DJH/BS/WH Enclosure: Solid Waste Program Facility Inspection Report Checklist(DSHW-2024-007271) c:Jeff Coombs, Health Officer, Tooele County Health Department Bryan Slade, Environmental Health Director, Tooele County Health Department