DSHW-2024-008556

October XX, 2024
Cassady Kristensen, Environmental Business Partner
Kennecott Utah Copper LLC
4700 Daybreak Parkway
South Jordan, UT 84009
RE:Compliance Advisory No. 2410126Compliance Evaluation InspectionSW167
Dear Ms. Kristensen:
This Compliance Advisory is being sent to your attention as a representative of Kennecott Utah Copper LLC (the Respondent). According to the Division of Waste Management and Radiation
Control’s (Division) records, you are the designated contact person for the Respondent. On October 3, 2024, representatives of the Division conducted a compliance evaluation inspection
at the Kennecott Utah Copper Bingham Canyon Used Tire Monofill Class IIIb Landfill (Landfill). The scope of the inspection was to verify compliance with Utah Administrative Code R315
(the Rules, the Utah Solid and Hazardous Waste Act (the Act), and the active Permit for the Facility, issued September 29, 2020 (DSHW-2020-012608).
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the followingcompliance issues as well as an opportunity to correct these apparent violations: Condition I.B. of the Permit restricts the Landfill to only accept “tires from ore haulage
trucks and other large equipment generated by the Permittee”. Condition III.E.6.f. of the Permit requires the Landfill to “…properly dispose of any waste found that is not acceptable
at the facility at an approved disposal site for the waste type”.
At the time of the inspection, Division representatives observed a significant amount of prohibited waste within the landfill boundary. The Landfill is described as a used tire monofill
that is permitted to only accept tires generated by the Permittee.
Requested Corrective Action: Please remove all unpermitted waste within the landfill boundary and properly dispose of the waste. Please submit photographs demonstrating all unpermitted
waste has been removed from the Landfill and documentation demonstrating the unpermitted waste has been disposed of properly following the Rules and the Act, including the name of the
permitted disposal facility, landfill tickets, and quantity of waste removed. Condition III.B. of the Permit requires the Landfill to “[o]perate the landfill so that unauthorized entry
to the facility is restricted”, “[l]ock all facility gates and other access routes during the time the landfill is closed”, “[c]onstruct fencing and any other access controls to prevent
access by persons or livestock by other routes”. Utah Admin. Code R315-303-3(7)(a) requires the Landfill to provide “fencing at the property or unit boundary or the use of other artificial
or natural barriers to impede entry by the public and large animals”, and “[a] lockable gate shall be required at entry to the landfill”.
At the time of the inspection, Division representatives did not observe security control measures to prohibit the unauthorized disposal of unpermitted waste, including fencing and a
lockable gate at the entrance. Rio Tinto Kennecott has stringent security control measures within the Bingham Canyon Mine, however, it does not appear that the Landfill itself does.

Requested Corrective Action: Please provide photographs demonstrating security control measures are in place including but not limited to lockable gate(s) and fencing. Utah Admin. Code
R315-303-3(7)(d) requires the Landfill to “erect[ing] a sign at the facility entrance that identifies at least the name of the facility, the hours during which the facility is open for
public use, unacceptable materials, and an emergency telephone number”, and “[o]ther pertinent information may also be included”.
At the time of the inspection, Division representatives did not observe any signage in place identifying the Landfill, instructions on how to access the Landfill, a list of unacceptable
materials, and an emergency telephone number.
Requested Corrective Action: Please provide photographs demonstrating acceptable signage has been erected. Condition III.E.2 of the Permit requires the Landfill to “…visually inspect
incoming waste loads to verify that no wastes other than those allowed by this permit are disposed in the landfill. The Permittee shall conduct a complete waste inspection at a minimum
frequency of 1% of incoming loads, but no less than one complete inspection per day. The Permittee shall select the loads to be inspected on a random basis” and “…inspect all loads that
the Permittee suspects may contain a waste not allowed for disposal at the landfill”.
At the time of the inspection, random load inspections records were not provided for review. Please provide random load inspection records beginning September 3, 2024 through October
3, 2024 to demonstrate the Landfill has been inspecting loads suspecting of containing unpermitted waste.
Requested Corrective Action: Please provide random load inspection records beginning September 3, 2024 through October 3, 2024.Condition III.G of the Permit requires the Landfill to
maintain and keep on file a daily operating record consisting of “the number of loads of waste and the weights or estimates of weights or volume of waste received each day of operation
and recorded at the end of each operating day, major deviations from the approved plan of operation recorded at the end of the operating day the deviation occurred, records of all inspections
conducted by the Permittee, results of the inspections, and corrective actions taken”, and “records of employee training”.
At the time of the inspection, the daily operating record was not available for review. Please provide the aforementioned records beginning September 3, 2024 through October 3, 2024.

Requested Corrective Action: Please provide all daily operating recordsand records of general nature beginning September 3, 2024 through October 3, 2024.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance issue and associated corrective actions to the Director:
the cause of each compliance issue;
the specific corrective actions taken, results achieved, and applicable dates;
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: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments 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 actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the30-day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. In all events, the matters addressed in this Compliance Advisory, 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 contact Alex Milne by email at [e-mail] or by phone at
801-599-4672.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/AM
Enclosure:Solid Waste Program Facility Inspection Report Checklist (DSHW-XXXXX)
c:Dorothy Adams, Health Officer, Salt Lake County Health Dept.
Eric Peterson, Deputy Health Officer, Salt Lake County Health Dept.
Ron Lund, Environmental Health Director, Salt Lake County Health Dept.
Ryan Evans, Principal Advisor – Environmental Operations, Kennecott Utah Copper (Email)[e-mail]
Chad VonHatten, Environmental Advisor, Kennecott Utah Copper (Email) [e-mail]