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HomeMy WebLinkAboutDERR-2025-001876 195 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. 800 346-3128 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 ERRP-058-25 March 13, 2025 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jason Tooley Aramark Destinations P.O. Box 640041 Bryce, Utah 84764 Re: Notice of Non-Compliance for Underground Storage Tank Violations Red Canyon Village, located at 3279 East Highway 12, Panguitch, Utah Facility Identification No. 6000389 Dear Mr. Tooley: The Utah Underground Storage Tank Act (Act) imposes certain obligations on the owner or operator of a facility having underground storage tanks (USTs). The Act authorizes the Director of the Division of Environmental Response and Remediation (Division Director) to enforce the Act and rules promulgated thereunder by issuing notices and orders. At the request of the Division Director, the Division of Environmental Response and Remediation (DERR) performed a compliance review for the facility owned or operated by you. This facility contains two USTs and is located at 3279 East Highway12, Panguitch, Utah. The designated Facility Identification Number is 6000389. The compliance review indicates you have not satisfied the requirements of the Act and regulations. To achieve compliance, you must do all of the following within 60 days of the date of this letter: 1. Submit documentation that a Utah trained UST class A and B operator is registered at this site. If you need to become registered, you need to do the following: a. Take an approved A/B Operator Training Course. b. Take and pass the DERR exam. c. Submit a UST Operator Training Registration Application Form. d. More information can be found at: https://deq.utah.gov/environmental-response-and-remediation/class-a-and-b -operators-registration-program-ust e. Submit a properly filled out UST Operator Inspection Form once you have a registered UST class A and B operator. The Act, Utah Code Ann. §§ 19-6-407 and 19-6-408, gives the Division Director the authority to assess a civil penalty of $1,000.00 if an owner or operator of an UST fails to register the tank or fails to pay fees within 60 days of due date, and to assess interest on the unpaid Facility ID# 6000389 Page 2 registration fee balance. Under Utah Code Ann. § 19-6-425, other violations of the Act, rules, or orders may result in civil penalties of up to $10,000.00 per day. Failure to comply with the Act and regulations may also result in revocation of your certificate of compliance under Utah Code Ann. § 19-6-414. Failure to comply with the requirements of the Act and rules may result in the issuance of a Notice of Violation and Order and/or a Notice of Agency Action and the assessment of a civil penalty. If your facility remains out of compliance with the requirements outlined above, the class A/B operator may be subject to re-training requirements and must successfully complete an appropriate training course and examination. If you have any questions, please contact Phillip Lundell, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/PKL/tt cc: Jeremy Roberts, Environmental Health Director, Southwest Utah Public Health Department Paul Wright, District Engineer, Utah Department of Environmental Quality ti ~ ~ J