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:
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“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.
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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