HomeMy WebLinkAboutDERR-2025-000222195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D. (801) 536-4284
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-001-25
January 7, 2025
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Cristi Richardson
Summit Creek Sinclair
183 North Main Street
Smithfield, Utah 84335
Re:Notice of Non-Compliance for Underground Storage Tank Violations
Summit Creek Sinclair, located at 183 North Main Street, Smithfield, Utah
Facility Identification No. 0100645
Dear Ms. Richardson:
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 one 15,000-
gallon and one compartmented (8,000-gallon diesel and 7,000-gallon gasoline) USTs and is located
at 183 North Main Street, Smithfield, Utah. The designated Facility Identification Number is
0100645.
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 passing results for the line tightness, line leak detector, overfill, and
automatic tank gauge tests.
2. Containment sumps, spill buckets, under-dispenser containments, and pressure vent
valves must be tested every three years.
Facility ID# 0100645
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 questions, please contact DeAnn Ramussen, the DERR project manager,
at (385) 251-0936 or at daramussen@utah.gov.
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/DR/tt
cc: Jordan Mathis, Health Officer, Bear River Health Department
Grant Koford, Environmental Health Director, Bear River Health Department