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HomeMy WebLinkAboutDERR-2024-005583 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. (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 Kimberly D. Shelley Executive Director DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION Brent H. Everett Director ERRL-0081-24 February 23, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Kent Lewis Pilot Thomas Logistics P.O. Box 2136 Grapevine, Texas 76099 Re:Subsurface Investigation Reporting and Requirements Pilot Thomas Logistics #140, located at 380 South 200 East, Roosevelt, Utah Facility Identification No. 9000055, Release Site OKA Dear Mr. Lewis: A release of petroleum from a petroleum storage tank (PST) at the above-referenced site was reported on February 19, 2024, to the Division of Environmental Response and Remediation (DERR). The reported release was based on a diesel spill event attributed to a customer overfill event. The DERR has assigned Release Site OKA to the reported release. According to Utah Administrative Code R311-202, you are required to report, control, abate, and characterize Release OKA by defining the extent and degree of petroleum contamination and remediate (clean up) the releases. These regulations require that you prepare specific reports addressing the release and submit them to the DERR within specified time frames following the release. The DERR project manager has reviewed the release report information and made the recommendation that additional investigation work is required. The project manager has relied on the information provided and has not made an independent investigation of the facility. The intent of performing the investigation is to define the extent and degree of subsurface petroleum contamination and evaluate the potential risks to human health and the environment. A Subsurface Investigation Report (SIR) outlining the results of the investigation must be submitted to the DERR within 90 days of your receipt of this letter. Requirements for an SIR are detailed in the Leaking Underground Storage Tank (LUST) Subsurface Investigation Report Guide (May 2014), which can be found on our website: https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/leaking-undergr ound-storage-tanks-remedial-assistance/lust-subsurface-investigation-report-guide.pdf. Facility ID# 9000055 Page 2 If you hire a consultant to perform work related to this release, they must be a Certified PST Consultant (Utah Admin. Code R311-201-2). Upon submitting your SIR, the investigation results will be evaluated to determine if no further action (closeout) is needed or if additional work is necessary. This additional work may consist of performing additional investigation activities, conducting cleanup, implementing environmental monitoring and/or performing a risk assessment. During the 2014 Utah Legislative Session, Section 19-6-420(10)(1) of the Underground Storage Tank Act was amended to allow the DERR to recover certain expenses incurred by the DERR for petroleum releases not covered by the PST Fund. The DERR’s expenses for managing and overseeing the abatement, investigation or corrective action can be billed on a quarterly basis to the responsible party. These expenses will be billed at a rate set by the Utah Legislature for oversight and review, which is currently $115.00 per hour. Payment will be due within 30 days from the billing. Certain factors may be considered by the Division Director when determining whether to recover these management and oversight costs. If the responsible party can demonstrate an inability to pay, the Division Director may grant an exemption from paying these expenses. You may contact us to request an application for exemption, if needed. If you have any questions concerning this letter or completing the required reports, please contact Mark Crim, the DERR project manager, at (801) 536-4100 Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/MEC/rr cc: Kirk Benge, Director, Tri-County Health Department Nathan Hall, District Engineer, Utah Department of Environmental Quality Aric Morton, PG, Broadbent and Associates, Inc. Lori Clark, PG, One Atlas