DSHW-2024-008644

October XX, 2024
Cassady Kristensen, Environmental Business Partner
Kennecott Utah Copper LLC
4700 Daybreak Parkway
South Jordan, UT 84009
RE:Compliance Advisory No. 2410127Compliance Evaluation InspectionSW168
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, a representative of the Division conducted a compliance evaluation inspection
at the Kennecott Utah Copper Smelter Refuse 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-2020-012444).
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 III.E.2. of the Permit requires the Landfill to “…use a minimum of six inches
of earthen cover no less than once each month for all wastes received at the landfill. This cover shall consist of soil; no alternative may be used”. Condition III.E.3 of the Permit
requires the landfill to “…record in the daily operating record and the operator shall certify, at the end of each day of operation when soil cover is placed, the amount and type of
cover placed, and the area receiving the cover”.
At the time of the inspection, a Division representative did not observe the adequate coverage of the wastes beyond the working face. Uncovered wastes observed beyond the working face
included asphalt, wood products, tubing materials, and metals. Cover records were requested and not available for review.
Requested Corrective Action: Please provide photographs demonstrating wastes located beyond the working face are completely covered with a minimum of six inches of soil. Additionally,
please submit cover logs starting from October 3, 3024 to present. 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, a Division representative 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 Smelter, 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, a Division representative did not observe signage meeting the aforementioned requirements. The current signage displays the name of the facility and instruction
to contact a specific radio channel for entry.
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.
Requested Corrective Action: Please provide random load inspection records beginning September 3, 2024to present to demonstrate the Landfill has been inspecting loads suspecting of containing
unpermitted waste.Condition III.G of the Permit requires the Landfill to maintain and keep on file a daily operating record consisting of “major deviations from the approved plan of
operation recorded at the end of the operating day the deviation occurred”, and “records of employee training”.
At the time of the inspection, deviations from the approved plan of operation and records of employee training were not provided for review.
Requested Corrective Action: Please records documenting any major deviations from the approved plan of operation and records of employee trainingbeginning September 3, 2024to present.
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]