DERR-2025-003160

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When Recorded Return To:
Mark Taggart
Environmental Compliance Administrator
Utah Transit Authority
669 W 200 S
SLC, UT 84IOI
With Copies To
U.S. EPA - Region 8
Attn: Regional Institutional Control Coordinator &
Pallas Yard Project Manager
Mail Code: 8EPR-SR
1595 Wynkoop Street
Denver, CO 80202
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APR 2 3 2025
Environrnental Response & Remediation
13
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
Attn: Pallas Yard Project Manager
195 North 1950 West
PO Box 144840
Salt Lake city, uT 84114-4840
FIRST AMENDED AND RESTATED
ENVIRONMENTAL COVENANT
The Utah Transit Authority (UTA), the (lnited States Environmental Protection Agency
(EPA) and the Utah Department of Environmenlal Quality (DEQ entered into an environmental
covenant lhat was recorded on January 15, 2010, as Entry number 10879438 in Book No. 9797,
pages 2007-2018 wilh the Salt Lake County Recorder's Office (Original Environmental
Covenant). UTA, EPA and DEQ wish to amend and restate the Original Environmental Covenant
to require compliance wilh a Materials Management Plan and to delete the requirement for Fite
Year Reviews- Therefore, this Firsl Amended and Restated Environmental Coverrunt hereblt
supersedes and replaces the Original Environmental Covenant in its entirely.
This First Amended and Restated Environmental Covenant (Environmental Covenant) is
made pursuant to the Utah Uniform Environmental Covenants Act, Utah Code Section 57-25-101,
et seq. (Utah AcQ. UTA as grantor (Grantor) makes and imposes this Environmental Covenant
upon property more particularly described in Exhibit A attached hereto (Property). The Property,
which is approximately 170 feet wide and 4,400 feet long between 5400 South Street and 5900
South Street, is located in a railroad corridor. This Environmental Covenant shall run with the land
pursuant to and subject to the Utah Act.
1. Notice of Potential Contamination. Notice is hereby given that the Property is or may be
contaminated with a contaminant as defined in Utah Code $ l9-8-102(5), explained in more detail
herein, and therefore this Environmental Covenant is imposed to mitigate the risk to public health,
safety, and the environment.
2. Environmental Response Proiect. An environmental response project was conducted at a
turn-of-the-century railroad siding yard of five tracts known as the Pallas Yard. The Property is
part of the Pallas Yard Site along the UTA Light Rail Corridor at 5600 South to 5900 South in
Murray, Utah. The environmental response project was conducted under the authority of the EPA,
Region 8, pursuant to an Administrative Order on Consent for Implementation of Non-Time
Critical Removal Action, In the Matter of Pallas Yard Site, EPA Docket No. CERCLA-VIII-98-
15, file on August 17, 1998 (AOC).
The primary purpose of this Environmental Covenant is to address elevated levels of
arsenic, cadmium, and lead remaining at the Property. Average concentrations of lead on the
Property generally range from 10,000 parts per million (ppm) to 12,000 ppm, with concentrations
ranging from background to 66,000 ppm. Arsenic concentrations range from background to 4,900
ppm. Cadmium concentrations range from background to 260 ppm. There is no residential housing
within the Pallas Yard Site. However, twenty-three residential properties are located adjacent to
the eastern side of the Pallas Yard investigation area- Most of the properties west of the Pallas
Yard Site, along the west side of 300 West are commercial or light manufacturing facilities.
However, there are four or five residences located on the west side of 300 West Street at
approximately 5500 South and a sixth located at approximately 5900 South.
The cleanup under the AOC included the following activities: l) excavation of soils
impacted by lead, arsenic, and petroleum hydrocarbons, 2) placement of the contaminated soils in
capped/lined berms along the tracks, 3) placement of at least eight inches of rock ballast and/or
aggregate base material over areas with remaining contaminated soils, 4) implementation and
enforcement of access controls and institutional controls, and 5) implementation of a long-term
monitoring program for the Pallas Yard Site, including ongoing groundwater/stormwater
monitoring and periodic site inspections. Because hazardous substances. pollutants or
contaminants remain at the Property above levels that allow for unrestricted use and unlimited
exposure, UTA enters into this Environmental Covenant to meet requirements of Section X, "Work
to be Performed to Complete the Removal Action," of the AOC.
3. Grantor. The Grantor of this Environmental Covenant, UTA, a quasi-governmental agency,
is the Owner of the Property as defined in Paragraph 4 below.
4. Owner. The Owner of the Property is a person who controls, occupies, or holds an interest
(other than this Environmental Covenant) in the Property at any given time. Because this
environmental covenant runs with the land, the obligations of the Owner are transferred to assigns,
successors-in-interest, including without limitation to future owners of an interest in fee simple,
mortgagees, lenders, easement holders, lessees, and any other person or entity who acquires any
interest whatsoever in the Property, or any portion thereof, whether or not any reference to this
Environmental Covenant or its provisions are contained in the deed or other conveyance
instrument, or other agreements by which such person or entity acquires its interest in the Property
or any portion thereof (Transferees). Upon transfer of an Owner's interest in the Property, the
Transferee shall have all obligations as an Owner and the transferor (the prior Owner) shall have
no further rights or obligations hereunder. Notwithstanding the foregoing, nothing herein shall
relieve Owner during the time it holds an interest in the Property of its responsibilities to comply
with the terms hereof and all other provisions of applicable law or of responsibility for its failure
to comply during the time it held an interest in the Property.
5. Holder. UTA is the grantee (Holder) ofthis Environmental Covenant as defined in Sections
57-25-102(6), 103(l), 103(3Xb). Holder may enforce this Environmental Covenant. Holder's
obligations hereunder are limited to the specific provisions and the limited purposes described
herein. Subject to the provisions hereof, Holder's rights and obligations survive the transfer of the
Property. Holder may be removed and replaced through an amendment to this Environmental
Covenant executed by Holder and Agencies, as defined below. Subject to the provisions herein, a
Holder's rights and obligations survive the transfer of the Property.
6. Agency. EPA and DEQ each enter into this Environmental Covenant as an Agency as
defined in Section 57-25-102(2) of the Utah Act. EPA and DEQ may be referred to herein
collectively as the "Agencies." The Agencies may enforce this Environmental Covenant. The
Agencies assume no affirmative duties through the execution of this Environmental Covenant.
7 . Administrative Record. The Administrative Record for this environmental response project
is available in the files for response actions by appointment at the following information
repository:
EPA Superfund Records Center - Region 8
1595 Wynkoop Street
Denver, CO 80202-1129
(303) 3 12-7273
Some records are also available by appointment for public inspection at
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
195 Nonh 1950 West
PO Box 144840
Salt Lake City, UT 84114-4840
(801) s36-4100
8. Activitv and Use Limitations. As part of the environmental response project described
above, the following activity and use limitations are imposed on the Property. The Owner agrees
to implement, administer, and maintain the activity and use restrictions, which include compliance
with a Site Management Plan (SMP) and a Materials Management Plan (MMP), both defined
below. The purpose of this Environmental Covenant is to ensure protection of human health and
the environment by limiting the potential for exposure to any contaminant as defined in Utah Code
$ l9-8-102(5), that remains on the Property.
8.1 No development of surface water on or groundwater under the Property shall occur.
Groundpater wells or any other method of bringing groundwater to the surface and any
exposure of groundwater through excavation or any other method are prohibited, except
for monitoring or remedial wells installed or o be installed by UTA with the approval of
the Agencies.
8.2. The Owner shall comply with the Action Memorandum dated February 5, 1998,
and the SMP dated January 26,1999, updated September 20,2010, and amended July 18,
2017, by email, or any future updates or amendments of these documents. Duties include
but are not limited to: groundwater monitoring; maintaining the ballast cover, fences, and
signs; ensuring the integrity of the HDPE liner and sound berms; conducting inspections;
making necessary repairs; submitting reports to the Agencies; and restricting access to the
Pallas Yard Site. Future changes to the SMP do not require an amendment to this
Environmental Covenant.
8.3. No residential use shall be permitted on the Property, including, but not limited to,
any single family or multi-family residential dwelling or living unit, whether permanent or
temporary. Also, no playgrounds, parks, schools, daycare centers (whether independent or
ancillary to a permitted use), recreational facilities of any type, community centers,
hospitals, or adult care centers may be located on the Property.
8.4 No agricultural use of the Property is permitted, including, but not limited to, the
cultivation or storage of any crops, or the grazing, feeding or keeping of any animal for
agricultural or commercial purposes.
8.5 Unless the Owner follows the MMP dated May 29,2024, including submitting a
letter to DEQ/EPA for approval prior to commencing any work, Owner shall not use the
Property in any way that interferes with the operation and/or maintenance of the CERCLA
Remedial Actions. CERCLA Remedial Actions include but are not limited to: any
groundwater monitoring wells; any equipment or infrastructure constructed or used for the
CERCLA Remedial Actions; or any cap or other covering intended to prevent contact with
contaminated materials in the ground or at the surface. Future changes to the MMP do not
require an amendment to this Environmental Covenant.
8.6 Excavation or other disposition of potentially impacted media must be undertaken
in accordance with all applicable laws, rules and regulations. Worker health and safety
rules/issues shall be followed/addressed at all times in accordance with applicable OSHA
standards.
9. Running with the Property. This Environmental Covenant runs with the Property and is
binding upon each Owner and each Transferee during each of their period of control, occupation,
or ownership interest and may be amended, replaced or terminated as set forth herein.
10. Compliance Enforcement. This Environmental Covenant may be enforced pursuant to the
Utah Act. Failure to timely enforce compliance with this Environmental Covenant or the activity
and use limitations contained herein shall not bar subsequent enforcement and shall not be deemed
a waiver of a right to take action to enforce any non-compliance. Nothing in this Environmental
Covenant shall restrict the Agencies from exercising any authority under applicable law.
I 1. Riehts of Access. The right of access to the Property is permanently granted to the Agencies
and the Holders and their respective contractors for necessary response actions, inspections,
implementation and enforcement of this Environmental Covenant.
12. Notice upon Conveyance. Owner shall notif,i the Agencies and Holder within t'wenty (20)
days after each transfer of ownership of all or any portion of the Property. Owner's notice to the
Agencies and Holder shall include the name, address and telephone number of the Transferee, a
copy of the deed or other documentation evidencing the conveyance, and an un-surveyed plat that
shows the boundaries of the property being transferred. Instruments that convey any interest in the
Property (fee, ground lease, easement, encumbrance, etc.) shall include a notification to the person
or entity who acquires the interest that the Property is subject to this Environmental Covenant and
shall identifu the date, entry no., book and page number at which this document is recorded in the
records of the Salt Lake County Recorder, in the State of Utah. Failure to provide notification shall
have no effect upon the enforceability and duty to comply with this Environmental Covenant.
13. Representations and Warranties. Grantor hereby represents and warrants to the other
signatories hereto:
a.that it is the sole fee simple owner of the Property,
b. that it has the power and authority to enter into this Environmental
Covenant, to grant the rights and interests herein provided and to carry out all
obligations herein;
c. that it has identified all other persons that own an interest in or hold an
encumbrance on the Property, has notified such persons of its intention to enter into
this Environmental Covenant, and has notified the Agencies of the names and
contact information of any persons holding such encumbrances as provided in
Paragraph l8 (Notice), below; and
d. that this Environmental Covenant will not materially violate or contravene
or constitute a material default under any other agreement, document, or instrument
to which it is a party or by which it may be bound or affected.
14. Amendment or Termination. This Environmental Covenant may be amended or terminated
pursuant to the Utah Act. The requesting party shall reimburse DEQ for costs associated with
DEQ's review of a request for amendment or termination.
15. Effective Date. Severabilitv and Governine Law. The effective date of this Environmental
Covenant shall be the date upon which the fully executed Environmental Covenant has been
recorded as a document of record for the Property with the Salt Lake County Recorder. If any
provision of this Environmental Covenant is found to be unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or
impaired. This Environmental Covenant shall be governed by and interpreted in accordance with
the laws of the State of Utah.
16. Recordation and Distribution of Environmental Covenant. Within thirty (30) days after the
date of the final required signature upon this Environmental Covenant, Grantor shall file this
Environmental Covenant for recording in the same manner as a deed to the Property, with the Salt
Lake County Recorder's Office. Grantor shall distribute a file-and-date stamped copy of the
recorded Environmental Covenant to the Agencies.
L7. Reimbursement of DEO's Costs. The Owner shall reimburse DEQ in full for all activities
for which costs are recoverable under Utah Code $ 57-25-111(4) in accordance with the fee
schedule approVed by the legislature. Further, the Owner, each Transferee, and/or each Holder
shall reimburse DEQ for technical reviews, inspections and other actions contemplated in this
Environmental Covenant, or technical reviews, inspections and other activities performed at the
request of the Owner, each Transferee, and/or each Holder. Costs may be invoiced based on actual
costs incurred by the Agency or on the fee schedule approved by the legislature, or both, as
applicable.
18. Notice. Unless otherwise notified in writing by or on behalf of the pertinent party any
document or communication required by this Environmental Covenant shall be submitted to:
EPA:
U.S. EPA- Region 8
Attn: Pallas Yard Project Manager
Mail Code: SEPR-SR
1595 Wynkoop Street
Denver, CO 80202
DEQ:
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
Attn: Pallas Yard Project Manager
195 North 1950 West PO Box 144840
Salt Lake Ciry, UT 84114-4840
OWNER:
UTA
Environmental Compliance Administrator
669 W 200 S
Salt Lake City, UT 84101
19. Governmental Immunitv. [n executing this Environmental Covenant, neither DEQ nor
EPA waives governmental immunity afforded by law. The Grantor, Owner, and Holder, for
themselves and their successors, assigns, and Transferees, hereby fully and irrevocably release and
covenant not to sue the State of Utah, EPA, their agencies, successors, departments, agents, and
employees from any and all claims, damages, or causes of action arising from, or on account of
the activities carried out pursuant to this Environmental Covenant except for an action to amend
or terminate the Environmental Covenant pursuant to Sections 57-25-109 and 57-25-l l0 of the
Utah Code or for a claim against the State of Utah arising directly or indirectly from or out of
actions of employees of the State that would result in (i) liability to the State of Utah under Section
63G-7-301 of the Governmental Immunity Act of Utah, Utah Code Section 63G-7- I 0l , et seq. or
(ii) individual liability for actions not covered by the Governmental Immunity Act as indicated in
Sections 63G-7-202 and902 of the Governmental Immunity Act, as determined in a court of law.
UTAH TRANSIT AUTHORITY
as Grantor, Owner and Holder
669 W 200 S
Salt Lake city, UT 84101
Jay F
Executive Director
Utah Transit Authority
State of Utah )
County of Salt Lake it
onthis Aaav or YdhAnAnlJ
n-lLll'?-oL --
Date
in the year 2025, before me nu\q A\A
a notary public, personally appeared an authorized representative
of Utah Transit Authority and affirmed to me upon oath that the governing body of the Utah Transit
Authority has authorized him to execute the foregoing Environmental Covenant, his identify
proved on the basis of satisfactory evidence to be the person whose name is subscribed to this
instrument and acknowledged he executed the same.
Witness my hand and official seal.
(,fi.19,M
(r
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
The Superfund Remedial Program, U.S. EPA Region 8'authorized representative identified
below hereby acknowledges and approves the foregoing Environmental Covenant.
{J!n l: ^-
Urdiales, Division Director
Superfund and Emergency Management Division
U.S. Environmental Protection Agency, Region 8
State of Colorado )
SS
County of Denver )
This record was acknowledged before me on ltoes 2025,by3Itt
ko<n U rd i,akS as Director of Superfund Remedial Program, U.S. EPA
Region 8
t{t^ gq,,tA&
(Notary's official signature)
ll nl *ru|
ELLEN PAUL WELLS
NOTARY PUBLIC
STATE OF COLORADO
NoTARY ' ) 20144025517
MY COMMISSION EXPIRES O4IO2!?12?'Gffi;r"@
04loeftotr
(Commission Expiration)
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
The Utah Department of Environmental Quality authorized representative identified below
hereby approves the foregoing Environmental Covenant for the Pallas Yard site pursuant to Utah
Code Sections 5 7-2 5 - I 02(2) and 57 -25 -1 0a( 1 )(e).
bd{fu
Brent H. Everett, Director
Division of Environmental Response and Remediation
Utah Department of Environmental Quality
Date
State of Utah
County of Salt Lake )
on this do^r", Jttr CI fC[n , in the year 2u25,personally appeared before me, Brent
H. Everett, an authorized representative of the Utah Department of Environmental Quality,
personally known to me, or whose identify has been satisfactorily established to me, who
acknowledged to me that he executed the foregoing Environmental Covenant.
Witness my hand and official seal.
Public
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Property Legal Description
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