DERR-2024-005533

Memorandum

To: Avery Holyoak, LUST Section Manager
To: Mark Crim, Site Manager
From: David McKnight
Date: June 5, 2023
Re: Responsible Parties at Facility #5000506, Release MCZ, Carbon County-Pappas Site/
Former Hi-way Service Station, 725 North Carbonville Road (Highway 55), Price, Utah
----------------------------------------------------------------------------------------------------------------------------
The couple that started a gas station at this site are James and Glenda Fassio. Glenda’s obituary
states that after they married in 1926, they ran the Highway Service station. In 1931, the
Terracon title search indicates that James and Glenda entered some kind of agreement with
Texaco. There is no indication that before the 1926 -1931 period a service station existed at this
property. So, James and Glenda either installed USTs as part of beginning a service station
around 1926 and in 1931 entered an agreement to be a Texaco flagged station , or Texaco
installed the tanks on the property in 1931 for James and Glenda’s service station.
At this time, the property was owned by James’ parents Dominic (born 1870) and Emilia Fassio
born 1872). Dominic/Emilia Fassio could have had an ownership interest in the USTs as owners
of the property.
Accordingly, Dominic and Emilia Fassio are possible RPs as owners of the property with USTs. I
could not find any record of when they died but they are definitely deceased being born in the
late 1800s. Dominic and Emilia conveyed the property to James and Glenda in 1937 making
them clear RPs as both owner and operator of the facility. However, they are unavailable RPs as
James died in 1944 and Glenda died in 1999.
Although Texaco may have had an ownership interest in the USTs, it would be difficult to show
such ownership. The Fassio family owned the property and operated the service station.
Further, Glenda later as a widow sold the gas station with the USTs indicating a Fassio ownership
rather than Texaco ownership. Without more information being available, it would be difficult to
show Texaco had any owner or operator status at the site that would meet the statutory
definition of owner or operator. Further, whatever Texaco ownership that possibly existed would
have been early on where liability would be minimal.
As a side note, there is an indication of Sinclair Oil having a connection with the site in 1936.
However, the person noted as having an agreement with Sinclair Oil was a Price Oil distributor
which indicates that Sinclair’s connection to the site was supplying gasoline.
With James Fassio’s death in 1944, James and Glenda’s daughters Verna and Joanne inherited
some interest in the property by court decree in 1946. A year and a half later in 1948, Verna and
Joanne conveyed their property interest to Glenda. From 1946 to 1948, Verna and Joanne
would have been owners of the USTs. However, they have both passed away. Verna Fassio
Johnson died in 2022 and Glenda’s obituary states that Joanne Fassio Peterson predeceased
her.
Glenda Fassio as sole owner conveyed the property by warranty deed to James and Lucile
Pappas in 1956. Lucile’s obituary states that they owned and operated the Hi-Way Texaco. The
gas station closed down sometime in the mid to late 1960s, probably in 1966 when Lucile ’s
obituary states that was the year she moved to Salt Lake City. James died two years later in 1968
and presumably moved to Salt Lake City with his wife prior to passing away. It is unknown who
removed the gas pumps and abandoned the USTs, but the pumps were removed and USTs left
in place and forgotten at this time period. As mentioned, James died in 1968, and Lucile died in
1995 and they would not be available RPs.
In December of 1978, Lucile conveyed the property by warranty deed to her son Bill Pappas. It is
unknown with the gas station closed down whether from 1966 to 1978 Bill was living there as
his residence, the property sat unused, or what was happening. Bill died two years later in
December of 1980. It is also unknown what Bill knew of the extent of the gas station closure 12
years earlier. It appears any knowledge of the USTs still being in the ground was not shared by
Bill or his parents with subsequent family members. With the USTs still in the ground Bill would
be an owner RP, but as mentioned he has died.
With the passing of Bill Pappas in 1980, his son Gerald and daughter Shelley as indicated in the
title search, inherited from probate an ownership interest in the estate in 1982. In 1988, Shelley
Pappas quitclaimed her ownership interest to Gerald. Although indications are Gerald and
Shelley had an ownership interest at this time, they seemed to also have played a continuing
role settling the estate. There may have been some questions about Gerald’s sole ownership
while settling of the estate where the title needed to be cleared. In 1993, with the final
settlement of the estate of Bill Pappas the property was conveyed by warranty deed to Gerald
and his wife Debra Pappas. Gerald and Debra have owned the property since that time,
including when the USTs were discovered and removed by Carbon County in 2006.
Gerald Pappas, Debra Pappas and Shelley Pappas (now Montoya) are the remaining RPs that
were owners of the site when the USTs were still there. All three are still alive and available.
However, it appears none of them have any notable assets. If internet search information is
current and accurate, Gerald who is 64 years old lives in the aging building that once was the
gas station facility. Debra who is 62 lives in a trailer home in Helper and operates a small bird
rescue/rehabilitation operation where she lives. Shelley who is 61 lives in a home in Helper
(Spring Glen) and I found no indication she would have any significant assets that DERR could
seek. Further, all three had no idea of the USTs when they inherited the property. Their liability
would be minimal.
Conclusion
Except for Shelley, Gerald and Debra Pappas who inherited the property from Bill Pappas, all RPs
especially those most liable and responsible for operating and abandoning old leaky USTs are all
dead. Texaco may have had some early role as an RP, but there is no clear information on
Texaco’s early role at the site. Indications are the station only operated as a Texaco flagged
station. Whatever role Texaco could have played as a potential RP happened early on and its
liability would be minimal. The three surviving RPs owned the property unaware of the
abandoned USTs. Their liability would be minimal, not to mention they all have limited assets.