DERR-2025-000538

Enforceable Written Assurance Application
DEQ/DERR 08/19 1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
Enforceable Written Assurance Application - Bona Fide Prospective Purchaser

This is an application for an Enforceable Written Assurance (EWA) as a bona fide prospective purchaser
under the Hazardous Substances Mitigation Act (Act). The EWA is issued by the Executive Director of the
Utah Department of Environmental Quality (DEQ). The application will be processed by the Division of
Environmental Response and Remediation (DERR). Complete all sections and submit the application to the
DERR. Please submit the application well in advance of acquiring, developing or occupying the property.
The Applicant must meet all the requirements of the Act and supporting regulations.

Property Information

Address

City State Zip Code

Property Size (acres)

Property Tax Identification Number(s)
EWA Site Name
Legal Description and Site Map are required

Applicant

Applicant: (A person who has applied to receive an EWA based upon his status as a bona fide prospective
purchaser). The Applicant is responsible for payment of DEQ costs of review. Provide the legal name of
the entity for which the EWA is being requested. Additional applicants are required to complete a separate
application.

Applicant

Contact Person

Address

City State Zip Code

Phone E-mail Address

Applicant is: ( ) Individual ( ) Business

Is the Applicant currently registered to conduct business in the State of Utah? ☐Y ☐N

Type of Business: ( ) Corporation ( ) LLC ( ) Sole Proprietorship
( ) General Partnership ( ) Limited Partnership

Entity Number and State of Creation*:
*Must include proof of current business registration and general information concerning the applicants affiliates as an attachment

North Temple Landfill
6780 North Temple Frontage
Salt Lake City Utah 84116
Salt Lake County Parcel ID 07-35-100-020-0000 (currently defined as
765.06 acres) See Phase I ESA for further information.
Approximately 769.85 Acres
Utah Inland Port Authority
Ben Hart
60 E. South Temple, Suite 600
Salt Lake City Utah 84116
[phone] [e-mail]
X
X
Utah governmental organization registered with the Lt. Governor's database
https://entityregistry.utah.gov/s/search-entity-detail?id=0010b00002SxbF8AAJ
Enforceable Written Assurance Application
DEQ/DERR 08/19 2

Applicant Information

1. Has the DEQ and/or EPA had any involvement with the property or the Applicant?
☐Y ☐N
If yes, please explain below.

2. Does the Applicant represent that it qualifies as a bona fide prospective purchaser as
defined under the Hazardous Substances Mitigation Act? ☐Y ☐N
(Information included with this application must document that the Applicant meets and will continue to meet the bona
fide prospective purchaser requirements).

3. Please include a statement and information that demonstrates the Applicant has not
caused or contributed to the contamination on the property or the site and is otherwise
eligible for an Enforceable Written Assurance.

Current Property Owner

Owner(s)

Contact Person

Address

City State Zip Code

Phone E-mail address

Other Contacts

Organization

Address

City State Zip Code

Phone E-mail address

X
CERCLA UTD000463489, VCP C046, C092, and UTD0009772106 VCP C010
X
Name and Relationship to Applicant
435-619-3164 [e-mail]
Tina Cheney (Consultant)
School and Institutional Trust Land Administration
Kyle Pasley
675 East 500 South #500
Salt Lake City UT 84102
The Applicant is a prospective purchaser that does not and has not previously owned
the property. (See attached Phase I ESA)
Terracon Consultants
6952 High Tech Drive, Suite B
Midvale UT 84047
801-746-5460 [e-mail]
Enforceable Written Assurance Application
DEQ/DERR 08/19 3
Land Uses and Owner/ Operator Information

In this section, please identify:

Historical and Current Land Uses:

Proposed Future Land Use:

Historical and Current Ownership and Operator Information:

Property Acquisition Date

1. Please indicate the date the Applicant plans to acquire ownership or take control of the
property (Note: The DERR will not evaluate a bona fide prospective purchaser’s EWA application under the Act
after an applicant has acquired an interest in the property, so the application should be filed well in advance of the
closing date, title transfer, lease, etc. The DERR offers pre-application meetings to discuss the EWA process, including
current review timeframes, so please contact the VCP/Brownfields coordinator for more information).

All Appropriate Inquiries

1. Does the Applicant represent that it has made All Appropriate Inquiries into the
previous ownership and uses of the property before acquisition in accordance with the
regulations promulgated by the EPA for All Appropriate Inquiries, 40 CFR 312?
(See optional DEQ/DERR AAI Checklist) ☐Y ☐N

Is the Phase I Environmental Site Assessment included with the Application? ☐Y ☐N

Evaluation Principles

1. Has information been provided to demonstrate compliance with the Evaluation
Principles in Utah Administrative Code R311-600? ☐Y ☐N
(See optional DEQ/DERR EWA Checklist)

The property is the location of the former North Temple Landfill and is currently
being remediated under the approved Airport West VCP C092, Airport West VCP-
Phase I Area Remedial Action Plan dated December 2022.
The site will be redeveloped. Redevelopment plans have not been finalized but will
The current owner is School and Institutional Trust Land Administration. Previous
owners include Suburban Land Reserve LLC, Zions Securities Corporation, Property
Reserve Incorporated, Corporate Latter Day Saints Incorporated, and various private
individuals
X
X
X
likely include commercial/manufacturing use.
January 15, 2025
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DEQ/DERR 08/19 4
Continuing Obligations

1. Has the Applicant provided all legally required notices with respect to the discovery or
release of any hazardous substances or hazardous materials at the property and does the
Applicant represent that it will to continue to provide all legally required notices with
respect to the discovery or release of any hazardous substances or hazardous materials at
the property? ☐Y ☐N

2. Does the Applicant represent that it will provide full cooperation, assistance, and
access to persons that are authorized to conduct response actions or natural resource
restoration at the property (including the cooperation and access necessary for the
installation, integrity, operation, and maintenance of any complete or partial response
actions or natural resource restoration at the property)? ☐Y ☐N

3. Does the Applicant represent that it will comply with any land use restrictions
established or relied on in connection with the response action at a vessel or facility and
will not impede the effectiveness or integrity of any institutional control employed at the
vessel or facility in connection with a response action? ☐Y ☐N

4. Does the Applicant represent that it will comply with any request for information or
administrative subpoena issued by the Department under the Environmental Quality
Code? ☐Y ☐N

5. Describe and support in detail below or as a separate attachment to this application
what the Applicant plans to do to exercise appropriate care with respect to hazardous
substances or hazardous materials found or suspected at the property and, in particular,
what reasonable steps the Applicant has determined are necessary to :
a) Stop any continuing releases;
b) Prevent any threatened future releases; and
c) Prevent or limit human, environmental, or natural resource exposure to any
previously released hazardous substance or hazardous material.

Voluntary Cleanup Program

1. Does the Applicant propose to complete additional characterization and response
actions through the VCP to meet the Evaluation Principles and satisfy its due care and
reasonable steps obligations as a bona fide prospective purchaser? ☐Y ☐N

If so, has the applicant filed a VCP application? ☐Y ☐N

X
X
X
X
The purchaser will meet ongoing continuing obligations as generally
stated in the attached Phase I ESA.
X
X
UIPA plans to be added as a co-applicant to the current VCP, and become the
primary applicant
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DEQ/DERR 08/19 5
Site Eligibility Report

The Applicant must submit the following information to meet the requirements of the
Site Eligibility Report (Utah Administrative Code R311-600-4):

a. The results of the Applicant’s All Appropriate Inquiry, including a detailed discussion
of each specific activity required by Standards and Practices for Conducting All
Appropriate Inquiries under the Comprehensive Environmental Response, Compensation,
and Liability Act, 40 CFR 312.
Has the information been provided? ☐Y ☐N

b. Sufficient information demonstrating compliance with the principles in Utah
Administrative Code R311-600-3, including information identifying whether the release
is on-going or likely to be on-going.
Has the information been provided? ☐Y ☐N

c. Laboratory analytical results from environmental media sampled at the site.
Has the information been provided? ☐Y ☐N

d. Proposed reasonable steps to mitigate potential risk to human health and the
environment based on present and future intended land use, including utility corridors.
Has the information been provided? ☐Y ☐N

e. A description of activity and use limitations or engineering controls and how the
limitations or controls will be enforced over time.
Has the information been provided? ☐Y ☐N

Applicant Affiliation

1. A Bona Fide Prospective Purchaser cannot be:
a) Potentially liable or affiliated with any other person (e.g., owner, former operator) that
is potentially liable, for response costs at the property through:
(i) Any direct or indirect familial relationship; or
(ii) Any contractual, corporate, or financial relationship (other than a contractual,
corporate, or financial relationship that is created by the instruments by which title to the
facility is conveyed or financed or by a contract for the sale of goods or services); or
b) The result of a reorganization of a business entity that was potentially liable.

Is the Applicant affiliated with another party who is potentially liable as described above?
☐Y ☐N

X
X
X
X
X
X
Enforceable Written Assurance Application
DEQ/DERR 08/19 6
Application Fee and Billing Information
The Applicant must submit with this application a fee in the amount of $500.00 made payable to: Utah
Department of Environmental Quality. The DEQ will bill for any costs that exceed the initial application
fee in accordance with the DEQ’s approved fee schedule. By signing this application, the Applicant agrees
it will reimburse the DEQ for any costs in excess of the application fee whether or not the EWA is issued
(Utah Administrative Codes R311-600-10 and R311-600-13).
Name(s)
Organization
Address
City State Zip Code
Phone E-mail address
Application Information
Please execute the application in the space below and submit it to:
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
Attention: Brownfields/Voluntary Cleanup Program Coordinator
195 North 1950 West
Salt Lake City, Utah 84116
Correctness of Information
The undersigned is knowledgeable of the representations made in this application and the supporting
documentation and affirms that the representations are true and accurate. All signatures must be original on
the application. The undersigned acknowledges that untrue or misleading representations or omissions in
the application and supporting documentation render the Enforceable Written Assurance void.
Authority to Sign
The undersigned represents that he/she is legally authorized to sign this application. If the Applicant is a
Corporation, a corporate officer must sign the application; if the applicant is a Limited Liability
Corporation; a managing member must sign the application; if the Applicant is a Sole Proprietorship, the
owner must sign the application; if the Applicant is a Partnership, the primary partner must sign the
application and if the Applicant is an individual, the Applicant must sign the application.
Signature Name
Date Title
Company Phone
Business Address
City, State, Zip code
Ben Hart
Utah Inland Port Authority
60 E. South Temple, Suite 600
Salt Lake City Utah 84111
[phone] [e-mail]
12/4/2024