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HomeMy WebLinkAboutDERR-2025-001785195 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 ERRL-0078-25 March 10, 2025 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jacob Elsmore 8234 South Roosevelt Street Midvale, Utah 84047 Re:Non-Compliance Letter Washmore Laundry (Pride Cleaners VCP), located at 4358 South 900 East, Millcreek, Utah Facility Identification No. 4002623, Release Site OFD Dear Mr. Elsmore: The Underground Storage Tank Act (Act) regulates petroleum storage tanks (PSTs) and imposes certain obligations on the owner or operator of a facility having PSTs. The Act specifically requires the owner or operator of a facility with PSTs to meet the following requirements: 1. Report suspected releases within 24 hours; 2. Investigate and confirm the release; 3. Perform initial response actions to control the release; 4. Perform site characterization; 5. Perform free product removal; 6. Perform an investigation for soil and groundwater cleanup; 7. Perform corrective actions as approved or required; and 8. Submit reports according to their required schedules. Records maintained by the Division of Environmental Response and Remediation (DERR) indicate that Jacob Elsmore owns or operates Washmore Laundry, located at 4358 South 900 East, Millcreek, Utah, which has been assigned Facility Identification number 4002623. A petroleum release was confirmed on June 23, 2022, based on environmental samples collected at the above-referenced facility. This site has been assigned the Leaking Petroleum Storage Tank Release Site OFD and assigned to Liberty Coe as the DERR project manager. The DERR issued a Remedial Action Plan Comments to Jacob Elsmore on November 12, 2024, for this Release Site. A Notice of Reports Past Due for this report was sent via certified mail on Facility ID# 4002623 Page 2 December 19, 2024. The Notice of Reports Past Due was received by Jacob Elsmore, on December 26, 2024, according to the return receipt. Notwithstanding the issuance of the Reporting and Remediation schedule, to date, the following have not been submitted to the DERR: 1. An updated Remedial Action Plan addressing the comments in the November 12, 2024, letter. In order to satisfy the requirements contained in the Reporting and Remediation schedule, the following must be done: 1. Submit a Remedial Action Plan, OR 2. Submit a Corrective Action Plan within the required schedule, as required by Utah Admin. Code R311-202, Section 280.66. The Act gives the Division Director the power to enforce the rules of the Board by issuing a Notice of Agency Action or Orders. Furthermore, the Division Director has the authority to seek a civil penalty of up to $10,000.00 per day for each day of violation of the Act pursuant to Utah Code., Section 19-6-425. This letter also advises that failure to comply with the requirements of the applicable statutes and rules listed above within 30 days of receipt of this letter may result in the issuance of an Order and the assessment of a civil penalty. If Jacob Elsmore fails to achieve compliance with this letter, the DERR may implement corrective action at the above-referenced site and may use State monies to investigate, abate, and remediate the site. Jacob Elsmore will be subject to cost recovery of all funds expended by the State of Utah. Any PST release management, abatement, investigation, or corrective action must be performed by a Certified PST Consultant as outlined in Utah Admin. Code R311-201-2. If you have questions, please contact Liberty Coe, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/LC/rr Facility ID# 4002623 Page 3 Enclosure: Remedial Action Plan Comments Letter cc: Dorothy Adams, Executive Director, Salt Lake County Health Department Ron Lund, Environmental Health Director, Salt Lake County Health Department Blake Downey, P.G., Wasatch Environmental, Inc. Kimberlee McEwan, Assistant Attorney General, Utah Attorney General’s Office Bill Rees, Division of Environmental Response and Remediation, VCP State of Utah SP ENCER J. C OX Govern.or DEID RE HENDERSON Lie utenant Go vernor Jacob Elsmore Department of Environmental Quality Kimb erly D. Sb e ll ey Executive Director DMSION OF ENVIRONMENTAL RESPON SE AND RE MEDIATION Brent H. Everett Director November 12 , 2024 8234 South Roosevelt Street Midvale, Utah 84047 Re: Remedial Action Plan Comments ERRL-0450-24 Washmore Laundry (Pride Cleaners VCP), located at 4358 South 900 East, Millcreek, Utah Facility Identification No . 4002623 , Release Site OFD Dear Mr. Elsmore : A Remedial Action Plan (RAP) for Fonner Pride Cleaners (Washmore Laundry) was prepared by Wasatch Environmental , Inc., and submitted to the Division of Environmental Response and Remediation (DERR) on August 27 , 2024. The DERR Petroleum Storage Tank (PST) Branch has reviewed the RAP for the above-referenced facility . The DERR Voluntary Cleanup Program has submitted separate comments under separate cover. Rather than submitting a Corrective Action Plan (CAP) for Release Site OFD , the PST Branch will accept the RAP in lieu of a separate CAP after addressing the comments below: Prior to accepting the RAP , these requirements must be met: 1. Identify that Former Pride Cleaners is also known as Washmore Laundry, Facility Identification No. 4002623 , Release Site OFD. 2. Identify that the RAP has all the necessary components of a CAP required by the PST Branch. 3. Note that confirmation soil and groundwater samples must be collected and analyzed for chemicals of concern related to the PST release. This includes BTEXN, TPH- DRO , and TPH-GRO. 4 . Environmental samples must be collected down gradient from the source of the release to determine if soil and groundwater contamination has migrated off-site. 195 North 195 0 Wes t• Salt Lak e C ity , UT Mailin g Address : P.O . Box 144 840 • Sa lt La ke C it y, UT 84 114-4840 Te le ph one (8 0 I) 536-4 I 00 • Fax (8 0 I) 359-8853 • T.D.D. (8 0 I) 536-4284 w ivw.deq. utah .gov Printed on I 00% rec ye led paper Facility ID# 4002623 Page 2 5. All work related to the Release Site OFD must be done by a certified PST consultant, and environmental samples must be collected by a Utah-certified soil and groundwater sampler (Utah Admin. Code R31 l-201-2). 6. Separate reports pertaining only to Release Site OFD will be submitted to the PST Branch upon completion of the remedial work. Within 30 days of your receipt of this letter, please submit a new RAP. The DERR will then review your submission and either approve, conditionally approve, or disapprove it. If you have any questions or concerns , please contact Liberty Coe , the DERR project manager, at (801) 536-4100. Sincerely, Brent H . Everett, Director Division of Environmental Response and Remediation BHE/LC/rr cc: Dorothy Adams, Executive Director, Salt Lake County Health Department Ron Lund , Environmental Health Director, Salt Lake County Health Department Kimberlee McEwan, Assistant Attorney General, Utah Attorney General's Office Blake Downey, P.G., Wasatch Environmental Leigh Anderson, Environmental Scientist III, DEQ/DERR ::r ru ,...:i U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only . . ,,, : OFFICIAL USE C-Certified Mail Fee ~ 1:$-~-~-------~,-l Extra Services & Fees (check box, add fee as appropriate) 0Retum Receipt (hardoopy) $ ___ _ □ D Retum Receipt {electronic) $ ___ _ ~ D Certified Meil Restricted Delivery $ ___ _ □ □Adult Signature Required $ ___ _ □' a- ru ,...:i □ ru □ I"- 0 Adult Signature Restricted Delivery $ ATTN : Jacob Elsmore 8234 S. 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