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HomeMy WebLinkAboutDERR-2025-002548 1 FIRST AMENDMENT TO UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY VOLUNTARY CLEANUP PROGRAM APPLICATION AND VOLUNTARY CLEANUP PROGRAM AGREEMENT Name of Voluntary Cleanup Program Property/Site: Airport West, VCP #C092 Date of Original Voluntary Cleanup Program Application: April 10, 2018 Date of Original Voluntary Cleanup Program Agreement: July 12, 2018 Original Voluntary Cleanup Program Applicant Information: Applicant: Utah School and Institutional Trust Lands Administration (“SITLA”) Contact Person: Troy Herold Title: Planning and Development Group Organization: SITLA Phone: (801) 538-5170 Address: 675 East 500 South, Suite 500 City: Salt Lake City State: Utah Zip Code: 84102 Purpose of First Amendment: The purpose of this First Amendment to the Utah Department of Environmental Quality (“DEQ”) Voluntary Cleanup Program (“VCP”) Application and VCP Agreement (“First Amendment”) for the Airport West VCP Site (“Airport West”) is to modify the Original VCP Application (“Application”) and Original VCP Agreement (“Agreement”) referenced above to add an applicant to the Agreement. Summary of the Request for the First Amendment: SITLA, the original applicant, and Utah Inland Port Authority (“UIPA”), request a revision to the Application and Agreement to add UIPA as a co- applicant. A. FIRST APPLICATION AMENDMENT SITLA, the original applicant, and UIPA, the additional applicant, request the Executive Director of the DEQ to add UIPA as an additional applicant to the VCP for the Airport West VCP site. In furtherance of that objective, the Application is modified as follows: 1. ADDITIONAL APPLICANT FORM UIPA is added as the primary applicant. B. FIRST AGREEMENT AMENDMENT 1. ADDITION OF APPLICANT The first sentence of Section I.A. of the Agreement is amended, restated and replaced as follows: This Agreement is entered into voluntarily by the Utah Inland Port Authority and the Utah School and Institutional Trust Lands Administration (Applicant) and the Executive Director of the Utah Department of Environmental Quality (DEQ). The definition of “Applicant” under Section IV Definitions/Glossary is amended, restated and replaced as follows: 2 “Applicant” means the Utah Inland Port Authority (UIPA) and the Utah School and Institutional Trust Lands Administration (SITLA). There are two applicants: UIPA and SITLA. The Applicant and the DEQ agree that UIPA shall take the lead in dealing with all issues under the program, including administrative, technical and financial issues and shall serve as the primary contact between the Applicant and the DEQ. UIPA and SITLA shall coordinate as necessary to ensure agreement prior to the submission of work plans, reports, or other documents to the DEQ. All submissions to the DEQ are joint submissions and are jointly authorized by the Applicant. The DEQ will copy SITLA in its correspondence with UIPA. Both UIPA and SITLA are jointly responsible for DEQ oversight costs incurred under the VCP. Nothing herein amends, alters, or replaces any separate agreement between UIPA and SITLA, nor does any separate agreement between UIPA and SITLA amend, alter or replace any terms or conditions under this Agreement. 2. ADDRESSES FOR ALL CORRESPONDENCE Section V. C. of the Agreement is amended, restated and replaced as follows: Documents to be submitted to the Applicant should be sent to: Primary Applicant Contact Information: Mona Smith, Environmental and Sustainability Director Utah Inland Port Authority 60 E. South Temple, Suite 600 Salt Lake City, Utah 84111 385-443-0965 Smsmith@utah.gov Updated Co-applicant Contact Information: Kyle Pasley, Managing Director, Real Estate Planning and Development Utah School and Institutional Trust Lands Administration 102 South 200 East, #600 Salt Lake City, Utah 84111 (801) 538-5176 kylepasley@utah.gov 3. CORRECTNESS OF INFORMATION UIPA and SITLA acknowledge and agree that information contained in the Application, this First Amendment and in the DEQ’s VCP file for Airport West, VCP #C092, is true and correct to the best of their knowledge and belief. 4. EFFECTIVE DATE DEQ’s acceptance of this First Amendment is effective upon the date the First Amendment is signed by the Executive Director of DEQ or the Executive Director’s authorized representative. 5. VOLUNTARY CLEANUP AGREEMENT Except as expressly modified by this First Amendment, the Application and Agreement referenced above shall remain in full force and effect. 3 IT IS SO AGREED IN WITNESS WHEREOF, the parties sign and cause this First Amendment to be executed: Primary Applicant: Utah Inland Port Authority By: Name: (signature of authorized representative) (print or type name) Date: Title: Co-Applicant: Utah School and Institutional Trust Lands Administration By: Name: (signature of authorized representative) (print or type name) Date: Title: UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY By: Name: Brent H. Everett (signature of authorized representative) (print or type name) Date: Title: Director, Division of Environmental Response and Remediation 04/07/2025 Benjamin Hart 04/07/2025 Executive Director Michelle McConkie (Apr 7, 2025 19:32 MDT)Michelle McConkie 04/07/2025 Director