DERR-2024-005303

State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieulenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION
Brent H. Everett
Direclor
ERRP-s13-23
January 8,2024
Steven J. Lund
Sterling Country Store
I I I North Main Street
Sterling, Utah 84665
Re Compliance Schedule to Extend Deadline for Obtaining Certificate of Compliance for
Aboveground Petroleum Storage Tanks
Sterling Country Store, located at l1 I North Main Street, Sterling, Utah
Facility Identification No. 2000744
Dear Mr. Lund:
Aboveground Petroleum Storage Tanks (APSTs) became subject to State regulation under
the Utah Underground Storage Tank Act (Act) on May 5, 202l.The Petroleum Storage Tank (PST)
program is administered by the Division of Environmental Response and Remediation (DERR).
Pursuant to Utah Code Section 19-6-407(2)(a), owners/operators of APSTs were required to notify
the DERR of their regulated tanks by June 30, 2022, and demonstrate financial responsibility for
their APSTs by participating in the Environmental Assurance Program or utilizing an approved
alternative method by June 30,2023. Also pursuant to Utah Code Section 19-6-412, all owners and
operators of PSTs, now including regulated ASPTs, must have a certificate of compliance.
Due to changes to the Statute and the requirement to demonstrate financial responsibility by
June 30, 2023, all APSTs regulated by the Act must obtain certificates of compliance for their
APSTs by the same date. Failure to obtain a certificate of compliance subjects an APST
owner/operator to penalties (including S1,000.00 each for not notifying and for not paying
registration fees within 60 days of the July I't due date and up to $10,000.00 per violation per day)
for failure to obtain certificates of compliance for each regulated APST. Further, any petroleum
distributor who delivers to a PST including APSTs and any person who accepts a delivery in a tank
that does not have a certificate of compliance will be subject to a civil penalty of $500.00 per
occurrence (Utah Code Section 19-6-416).
The DERR has reviewed the records submitted by you for the above-referenced facility and
determined that the necessary documentation for the DERR to issue a certificate of compliance for
195 North I 950 West . Salt Lake City, UT
Mailing Address: P.O. Box 144840 . Salt take City, UT 84114-4840
Telephone [phone]. Fax [phone] . T D D (801) 5364284
tww.deq.utah.gov
Printed on l00o/o recycled paper
Facility lD# 2000744
Page2
your tanks is incomplete. The DERR records indicate those tanks not in compliance are deficient in
the following areas:
(X) Tanks used to hold petroleum products do not have the required certificate of compliance
and are lacking the following: (1) tank and/or product line tests, (2) spill prevention device
installation and/or testing. The enclosed Compliance Schedule outlines requirements and
deadlines you must meet to obtain a certificate of compliance and avoid any delivery
prohibitions or penalties. Or, submit a closure plan for approval, and either close the
tanks or bring them into compliance by May 1,2024.If the Compliance Schedule is not
met, the DERR will place delivery prohibition tags on the tanks and petroleum deliveries
will no longer be allowed.
The enclosed Compliance Schedule specifies time frames for correcting the noted
deficiencies. The time frames were proposed by you based on contractor availability and agreed
upon with your DERR project manager. You must adhere to and complete all requirements listed
in the Compliance Schedule before the DERR may issue a certificate of compliance for your APST.
Any person who violates the requirements of the Act, orders issued, or accompanying rules is
subject to delivery prohibition and a civil penalty of not more than S10,000.00 per day for each day
of violation (Utah Code Section 19-6-425).lf the Compliance Schedule is not met, the DERR will
immediately place delivery prohibition tags on the tanks and petroleum deliveries will no longer be
allowed, and the owner/operator will be subject to other penalties as allowed by law.
Please sign and return the attached Compliance Schedule within seven (7) days from the
date of this letter.
If you require further assistance or have any questions regarding this matter, please contact
Sean Warner, the DERR project manager, at [phone].
Sincerely,r\a4fu
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/SDW/ta
Enclosure: Compliance Schedule
Nathan Selin, Executive Director, Central Utah Public Health Department
Eric Larsen, Environmental Director, Central Utah Public Health Department
John Chartier, District Engineer. Utah Department of Environmental Quality
cc:
COMPLIANCE SCHEDULE
Compliance Schedule for Underground Storage Tanks for Sterling Country Store, located at
I I I North Main Street, Sterling, Utah; Facility ldentification No. 2000744
TANKS WITHOUT A CERTIFICATE OF COMPLIANCE
REQUIREMENTS TO BE COMPLETED BY:
(Date)
Tanks and product lines must be precision tested by a Utah
Certified UST Tester.
May"lffi
l1^l 3 tt 2o2+
Spill prevention devices must be installed and/or tested.,3 D
Bring the tanks into compliance by submitting the required
testing. Or, submit to the DERR an acceptable Closure plan
application for approval and perform proper permanent closure
as approved. A Closure Notice with proper documentation must
also be submitted to the DERR within 90 days of closure. Utah
Admin. Code R3 I | -204-4.
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By:
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195 North 1950 West . Salt Lake City, UT
Mailing Address: p.O. Box 144840 . Salt take Ciry, UT g4l 14_4840
Telephone [phone] . Fax [phone] . T D D. (801) 5364284
www.deq.utah.got
Printed on 1007o recycled paper
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