DSHW-2024-009689

[Date]
Burke’s Utah Land & Livestock, LLC
Attn: Jason Godfrey, Registered Agent
113 S Main
Clarkston, UT 84305
RE:Compliance Advisory No. 2412158Compliance Evaluation Inspection
Dear Mr. Godfrey:
This Compliance Advisory is being sent to your attention as a representative of Burke’s Utah Land & Livestock, 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 December 10, 2024, representatives of the Division conducted a compliance evaluation
inspection at the Respondent’sproperty located at Cache County Parcel #15-034-0003. The scope of the inspection was to verify compliance withUtah Administrative Code R315 (the Rules),
and the Utah Solid and HazardousWaste Act (the Act).
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: Utah Administrative Code R315-301-4(1) requires “No person shall incinerate, burn, or
otherwise dispose of any solid waste in any place except at a facility which is in compliance with the requirements of Rules R315-301 through R315-320 and other applicable rules.”
There is a significant amount of solid waste that has been disposed of and buried on the Respondent’s property, which is not permitted to receive solid waste for disposal under the Rules.
The waste is being buried and disposed of in and around a drainage channel on the property. The extent of waste was not visible due to previous covering of waste.
Requested Corrective Action: Please consult with a contractor knowledgeable in the use of ground penetrating radar to map the extent and depth of the waste extending from the edge of
the drainage. Then provide the Division with a plan to remove all waste from your property as required by Utah Administrative Code R315-301-4(2)(a), which states that “…the person responsible
for the illegal disposal..shall remove the solid waste from the illegal disposal site to a permitted solid waste disposal facility and, if necessary, shall remediate the site.”
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent violations. 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 violation and associated corrective actions to the Director:
the cause of each violation;
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 violations 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]
If the Respondent’s response is submitted by email, please confirm submission by receipt of an autoreply email.DO NOT submit any documents or information through email that are confidential,
proprietary, or for which the Respondent claims business confidentiality pursuant to the procedures in Utah Code § 63G-2-309(1)(a)(i). To better protect confidential or protected records,
all such documents and information must be submitted in paper form, using the U.S. Mail address above. Note that the Division classifies all records relating to an enforcement matter,
including this Compliance Advisory, as being protected during the pendency of the matter, pursuant to Utah Code Section 63G-2-305(10). However, once the matter is closed, this protected
classification no longer applies.
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 contactKelly Shaw at 385-454-5832.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/KMS/[???]
Enclosure: DSHW-2024-009656c:Jordan Mathis, Health Officer, Bear River Health DepartmentJosh Greer, Deputy Health Officer, Bear River Health DepartmentGrant Koford, EHS, Environmental
Health Director, Bear River Health DepartmentBrendon Quirk, DEQ, Spills Coordinator (Email) [e-mail] Rasmussen, DNR, Dam Safety & Stream Alterations (Email)[e-mail]
Gipson, U.S. Army Corps of Engineers, Chief, Utah Regulatory Section (Email) [e-mail]