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HomeMy WebLinkAboutDERR-2025-001892 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-059-25 March 13, 2025 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gary Brown Good 2 Go Utah P.O. Box 50620 Idaho Falls, Idaho 83405 Re:Notice of Non-Compliance for Underground Storage Tank Violations Good 2 Go Stores – Phillips 66, located at 1224 East Main Street, Green River, Utah Facility Identification No. 5000489 Dear Mr. Brown: 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 four USTs and is located at 1224 East Main Street, Green River, Utah. The designated Facility Identification Number is 5000489. 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 a copy of a current (performed in the last 12 months) test for proper operation of the automatic line leak detectors on the pressurized product lines associated with USTs #1 (unleaded) & #3 (diesel) that failed a line leak detector test on December 3, 2024. 2. Submit a copy of the current (performed in the last 12 months) test for proper operation of the Automatic Tank Gauge (ATG) on UST #1 (unleaded). The Certified Tester was unable to test the ATG for this UST on December 3, 2024. Facility ID# 5000489 Page 2 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 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 or concerns, please contact David Wilson, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/DJW/tt cc: Brady Bradford, Health Officer, Southeastern Utah District Health Department Orion Rodgers, Environmental Health Director, Southeastern Utah District Health Department Curtis Page, District Engineer, Utah Department of Environmental Quality if ~ ~ J