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HomeMy WebLinkAboutDERR-2025-002616195 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. (801) 536-4284 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-095-25 April 9, 2025 CERTIFIED MAIL RETURN RECEIPT REQUESTED Vasu Patel J and K Express, LLC 1572 South Convention Center Drive St. George, Utah 84790 Re:Notice of Non-Compliance for Underground Storage Tank Violations Sunset Gas Chevron, located at 927 West Sunset Boulevard, St. George, Utah Facility Identification No. 6000423 Dear Vasu Patel: 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 three USTs and is located at 927 West Sunset Boulevard, St. George, Utah. The designated Facility Identification Number is 6000423. 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 to show that you have had a qualified cathodic protection tester test your cathodic protection system within the last three years. Failure to have a cathodic protection test performed within the last three years may result in re-training for the class 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 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. Facility ID# 6000423 Page 2 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