DERR-2024-013087

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
ERRP-386-24
December 20, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Chris Weldon
Environmental Department
Loves Country Stores
P.O. Box 26210
Oklahoma City, Oklahoma 73126
Re:Notice of Non-Compliance for Underground Storage Tank Violations
Loves #119, located at 969 West Main Street, Green River, Utah
Facility Identification No. 5000047
Dear Mr. Weldon:
The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or
operator of a facility having underground storage tanks (USTs). The Act authorizes the Director of the
Division of Environmental Response and Remediation (Division Director) to enforce the Act and rules
promulgated thereunder by issuing notices and orders. At the request of the Division Director, the
Division of Environmental Response and Remediation (DERR) performed a compliance review for the
facility owned or operated by you. This facility contains four USTs and is located at 969 West Main
Street, Green River, Utah. The designated Facility Identification Number is 5000047.
The compliance review indicates you have not satisfied the requirements of the Act and
regulations. To achieve compliance, you must do all of the following within 60 days of the date of
this letter:
1.Submit evidence that proper Automatic Tank Gauging (ATG) is performed on USTs #1
& #2 (Unleaded) by:
a.Documenting that the ATG system performs a leak test at least once a month.
b.Documenting that the ATG system is properly installed and functioning.
Facility ID# 5000047
Page 2
The Act, Utah Code Ann. §§ 19-6-407 and 19-6-408, gives the Division Director the authority
to assess a civil penalty of $1,000.00 if an owner or operator of an UST fails to register the tank or fails
to pay fees within 60 days of due date, and to assess interest on the unpaid registration fee balance.
Under Utah Code Ann. § 19-6-425, other violations of the Act, rules, or orders may result in
civil penalties of up to $10,000.00 per day. Failure to comply with the Act and regulations may also
result in revocation of your certificate of compliance under Utah Code Ann. § 19-6-414.
Failure to comply with the requirements of the Act and rules may result in the issuance of a
Notice of Violation and Order and/or a Notice of Agency Action and the assessment of a civil penalty.
If your facility remains out of compliance with the requirements outlined above, the class A/B
operator may be subject to re-training requirements and must successfully complete an appropriate
training course and examination.
If you have any additional questions, please contact David Wilson, the DERR project manager,
at [phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/DJW/tt
cc: Brady Bradford, Health Officer, Southeastern Utah District Health Department
Orion Rodgers, Environmental Health Director, Southeastern Utah District Health Department
Curtis Page, District Engineer, Utah Department of Environmental Quality
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