DERR-2024-005401

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-114-24
March 27, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ocatavio Mejia
Tavo’s
412 West 200 North
Cedar City, Utah 84720
Re:Notice of Non-Compliance for Underground Storage Tank Violations
Tavo’s, located at 10 East Main Street, Castle Dale, Utah
Facility Identification No. 5000240

Dear Mr. Mejia:

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 three USTs and
is located at 10 East Main Street, Castle Date, Utah. The designated Facility Identification Number
is 5000240.

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 documentation to show that you have removed the water from the
containment sump at the submersible pump/dispenser for USTs #4, #5A, and #5B.
All containment sumps must be kept dry and free of water, product, debris, etc., so
they can function properly and protect metallic system components from corrosion.
Send photos of the three STP Sumps.

2. Submit evidence that proper Automatic Tank Gauging (ATG) is performed on USTs
#4, #5A, and #5B by documenting that the ATG system performs a leak test at least
once a month. Send ATG tests for January 2024 through April 2024.

Facility ID# 5000240
Page 2

3. Submit a properly filled out UST Operator Inspection Form by the 15
th of each month
for the next three months.

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 David Wilson, the DERR project manager, at
[phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/DJW/ss

cc:Brady Bradford, Health Officer, Southeastern Utah District Health Department
Russell Seeley, District Engineer, Utah Department of Environmental Quality
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