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HomeMy WebLinkAboutDERR-2025-001995 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-061-25 March 19, 2025 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jake Thomas Parkland USA – Division of Parkland Corporation 1970 East 68 th Avenue Denver, Colorado 80229 Re:Notice of Non-Compliance for Underground Storage Tank Violations Harts Gas and Food, located at 10022 North 4800 West, Cedar Hills, Utah Facility Identification No. 1000906 Dear Mr. Thomas: 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 10022 North 4800 West, Cedar Hills, Utah. The designated Facility Identification Number is 1000906. 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 trained Utah 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. 2. More information can be found at: https://deq.utah.gov/environmental-response- and-remediation/class-a-and-b-operators-registration-program-ust. 3. Submit a properly filled out UST Operator Inspection Form once you have a registered UST class A and B operator. Facility ID# 1000906 Page 2 4. Show that you are properly performing Interstitial Monitoring (IM) on the product piping for USTs #1, #2, #3, and #4, by documenting that the piping interstitial space is open into the submersible pump containment sump, so product that leaks from the primary pipe into the interstitial space can enter the sump and be detected by the sump sensors. The boots that cover the interstitial space of the piping must be loosened or the test port valves on the boots must be opened or removed. 5. Submit documentation to show that you have removed the water/product from the spill containment bucket for USTs #1, #2, #3, and #4. All spill buckets must be properly maintained, and must be kept dry and free of water, product, and debris, so they can function properly. 6. Submit documentation to show that you have removed the water/product from the containment sump at the submersible pump/dispenser for USTs #1, #2, #3, and #4. All containment sumps must be kept dry and free of water, product, debris, etc., so they can function properly and protect metallic system components from corrosion. 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, please contact Laura Perdue, the DERR project manager, at (256) 656-2847. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/LP/tt cc: Eric Edwards, Executive Director, Utah County Health Department Jason Garrett, Environmental Health Director, Utah County Health Department