DERR-2024-005576

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION

Brent H. Everett
Director
ERRA-01-24

March 4, 2024

SENT VIA U.S. REGULAR
AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Kent Lewis
Pilot Thomas Logistics
P.O. Box 2136
Grapevine, Texas 76099

Re: Petroleum Storage Tank Releases and Agency Oversight
Pilot Thomas Logistics #140, located at 380 South 200 East, Roosevelt, Utah
Facility Identification No. 9000055, Release Sites: MJI, OFZ, OJL, and OJO

Dear Mr. Lewis:

On January 18, 2024, the Division of Environmental Response and Remediation (DERR)
received an email communication from Pilot Thomas Logistics (PTL) council requesting to transfer
oversight of Release Site MJI from the Division of Water Quality (DWQ) to the DERR. This request
followed a meeting held on January 17, 2024 with the DERR staff, the DWQ staff, Office of the
Attorney General staff, and PTL associates, to discuss regulatory options for the various petroleum
releases identified at the above-referenced site, including OFZ, OJL, OJO, and MJI.

Release Site MJI had been managed by the DWQ since 2013. In order for the DERR to
assume oversight of Release Site MJI, PTL needs to submit the enclosed Application for Division
of Environmental Response and Remediation Oversight (Oversight Application). Following receipt
of the completed Oversight Application, the DERR may reopen the Release Site.

The transfer of Release Site MJI from the DWQ to the DERR will not absolve PTL from
any pending administrative actions brought by the DWQ. The DWQ may, at any time, bring
enforcement action against PTL if there is failure to comply with the DERR compliance deadlines.

Facility ID# 9000055
Page 2

If you have any questions concerning this letter or completing any of the required reports,
please contact Mark Crim, the DERR project manager, at [phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/MEC/ss

Enclosure: Application for Division of Environmental Response and Remediation Oversight

cc: Kirk Benge, Director, Tri-County Health Department
Nathan Hall, District Engineer, Utah Department of Environmental Quality
Jeff Kolmel, Utah Division of Water Quality
Haley Sousa, Utah Attorney General’s Office
David McKnight, Utah Attorney General’s Office
Steve J. Christiansen, Attorney, Parr Brown Gee & Loveless
Lori Clark, P.G., One Atlas
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Application for Division of Environmental Response and Remediation Oversight
(Aboveground Storage Tanks or Underground Heating Oil Tanks)

Applicant Information

Applicant Name: Phone:

Applicant Address:

Facility Information

Facility Name:
Facility Identification Number: Release ID:
Facility Address:

Applicant’s relationship to facility:

Ownership or control of the facility (applicant describe fully to your best knowledge):

This application is made pursuant to the December 4, 2000 Memorandum of Understanding
(MOU), between the Division of Water Quality (DWQ) and the Division of Environmental
Response and Remediation (DERR), both at the Utah Department of Environmental Quality
(UDEQ). The MOU provides that the DERR Leaking Underground Storage Tank (LUST)
program will provide administration for aboveground storage tank (AST) and underground
heating oil tank (UHOT) petroleum releases regulated by DWQ. The DERR will charge the
authorized fees established under the annual legislative appropriations bill for staff time
committed to these efforts. This application is made to request the DERR to review and approve
the applicant’s investigation, abatement and remediation of the petroleum release from an AST
or UHOT at the above named facility. This application shall not be construed as an admission of
liability or as a waiver of any defenses or rights by the applicant, the DERR, the DWQ or the
UDEQ unless expressly waived herein. The applicant (“I”) agrees to the following conditions:
Conditions

1. I will investigate, abate and remediate the above-referenced release in accordance with the
DERR’s existing policies, guidelines, standards and procedures for investigation, abatement
and remediation of petroleum releases from LUSTs (including submission of plans and
reports). I will perform the work that I undertake in compliance with all applicable laws. I
grant the authorized representatives of the DERR access to the site and other areas where
work is to be performed during the time this application is in effect. To the extent the site or
other area where work is to be performed is owned or controlled by someone else, I shall
use my best efforts to obtain access agreements from the current owners.

2. The DERR will provide administrative oversight of my investigation, abatement and
remediation using DERR’s existing policies, guidelines, standards and procedures for
petroleum releases from LUSTs (including submission of plans and reports).

3. I shall reimburse the DERR for all costs incurred or obligated by the DERR in providing
administrative oversight under this application at the rate set by the Utah Legislature and in
effect at the time the cost was incurred or obligated. The rate established for oversight and
review is $115.00 an hour. In the event this application is terminated, I agree to reimburse
the DERR for all costs incurred or obligated by the DERR before notice of termination. The
DERR will track its costs for oversight and review and will provide invoices to me at the
applicant address above. I will pay the invoiced costs within 30 days of the invoice date. If
I don’t, I understand that the DERR may request the attorney general to bring an action to
recover all costs allowed by law. Checks shall be made payable to the DERR and shall
reference the facility name and release number set forth above. Checks shall be mailed to
the DERR, Attention: AST/UHOT Release Oversight Program, P.O. Box 144840, Salt
Lake City, Utah 84114-4840.

4. I may unilaterally terminate this application by providing written notice to the DERR at the
address provided in paragraph 3 above. My notice to the DERR is effective upon receipt.
The DERR may unilaterally terminate this application by mailing written notice to me at the
applicant address. Notice is effective upon mailing. Upon termination, the DERR may
transfer the case file to the DWQ for possible compliance actions, which may include
issuance of a Notice of Violation and Order.

5. When the DERR determines that my submissions of information and documentation
indicate that the release does not presently pose a known threat to human health or the
environment when evaluated pursuant to DERR’s existing policies, guidelines, standards
and procedures for LUST petroleum releases, the DERR will issue a letter to the DWQ and
to me to that effect. The letter will be substantially similar to the closure letters the DERR
LUST program issues to owners and operators upon completion of work at a LUST site.
However, the DERR may decline to issue the letter until I have paid the fees that have been
incurred or obligated by the DERR for oversight and review. Also, neither the letter nor any
approval or receipt of funds hereby shall be taken as a warranty as to the sufficiency or
efficacy of my investigation, abatement or remediation.

In providing environmental project technical assistance and oversight services hereunder,
the DERR does not waive governmental immunity afforded by law.

Applicant's Signature: ________________________________
Date of Application: ________________________________