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HomeMy WebLinkAboutDERR-2025-002080195 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 Tim Davis Interim Executive Director DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION Brent H. Everett Director ERRP-050-25 March 13, 2025 CERTIFIED MAIL RETURN RECEIPT REQUESTED Reggie Holm Ten Fold, LLC 120 North Main Street Tropic, Utah 84776 Re:Notice of Non-Compliance for Underground Storage Tank Violations Grand Staircase Inn, located at 105 North Kodachrome Drive, Cannonville, Utah Facility Identification No. 6001056 Dear Mr. Holm: The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or operator of a facility having aboveground petroleum storage tanks (APSTs). 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 APSTs and is located at 105 North Kodachrome Drive, Cannonville, Utah. The designated Facility Identification Number is 6001056. 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 and obtain approval of a Permanent Closure Plan for the APSTs found in non- compliance on October 16, 2024, and perform the closure as approved. OR 2. Submit a Temporary Closure Notice for APSTs #1, #2, and #3 that are no longer being used including: a. Empty APSTs #1, #2, and #3 to less than one inch of product or submit the past 12 months -of Automatic Tank Gauging (ATG) leak detection results. b. Lock the fill caps. Facility ID# 6001056 Page 2 AND 3. Obtain a certificate of compliance 4. Submit documentation that a trained Utah UST class A and B operator is registered at this site. If you need to become registered, you need to do the following: a. Take an approved A/B Operator Training Course. b. Take and pass the DERR exam. c. Submit a UST Operator Training Registration Application Form. d. More information can be found at: https://deq.utah.gov/legacy/programs/environmental-response-and- remediation/tanks/underground-storage-tanks/training/index.htm e. Submit a properly filled out UST Operator Inspection Form once you have a registered UST class A and B operator. 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 you have any questions, please contact Laura Perdue, the DERR project manager, at (256) 656-2847. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/LP/tt cc: Brady Bradford, Health Officer, Southeastern Utah District Health Department Orion Rodgers, Environmental Health Director, Southeastern Utah District Health Department Curtis Page, District Engineer, Utah Department of Environmental Quality t ~ ~ J