DERR-2025-004406

Application for Division of Environmental Response and Remediation Oversight
and Tolling Agreement
(Aboveground Petroleum Storage Tanks or Underground Heating Oil Tanks)
Applicant Information
Applicant Name: Christopher Rose Phone: [phone]
Applicant Address:
Facility Information
Facility Name: Francis Gravel Pit
Facility Identification Number: 7000162 Release ID: ONO
Facility Address: 2570 E Spring Hallow Rd.
Applicant’s relationship to the facility:
Ownership or control of the facility (applicant describe fully to your best knowledge):
________________________
This application is made pursuant to the October 21, 2024 Memorandum of Understanding
(“MOU”), between the Division of Water Quality (“DWQ”) and the Division of Environmental
Response and Remediation (“DERR”), both Divisions in the Utah Department of Environmental
Quality (“UDEQ”). The MOU provides that the DERR Leaking Petroleum Storage Tank
(“LPST”) program may provide administration for aboveground petroleum storage tank
(“APST”) and underground heating oil tank (“UHOT”) petroleum releases that may be otherwise
regulated by DWQ. 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 APST 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, DWQ or UDEQ
unless expressly waived herein. The applicant (“I”) agrees to the following conditions:
89 W 13490 S
Draper, UT 84020
Long-term facility operator
Staker Parson Companies' Francis Pit is operated on a day-to-day basis by TLC Crushing, Inc.
Staker Parson retains oversight and upkeep for the pit.
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 LPSTs (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 the DERR’s existing policies, guidelines, standards and procedures for
petroleum releases from LPSTs (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. The Utah Legislature sets the rates which
are in effect when the cost is incurred or obligated. The rate established for oversight and
review in FY2025 is $125.00 an hour. If 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 Utah Office of the Attorney General to
bring an action to recover all costs allowed by law. Checks shall be made payable to the
DERR, and the facility name and release number set forth above shall be referenced.
Checks shall be mailed to the DERR, Attention: APST/UHOT Release Oversight Program,
P.O. Box 144840, Salt Lake City, Utah 84114-4840.
4. In the event this application is terminated, I understand that DWQ is authorized to charge an
hourly fee for administrative oversight of clean-up activities at the above-referenced facility.
The Utah Legislature sets the rates which are in effect when the cost is incurred or obligated.
The rate established for oversight and review in FY2025 is $125.00 an hour, in addition to
taking enforcement action that may result in penalties of $10,000 per violation per day.
5.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 a written notice to me at
the applicant's address. Notice is effective upon mailing. Upon termination, the DERR will
transfer the case file to DWQ for oversight of clean-up activities, which will include
charging of oversight costs and may include the issuance of a Notice of Violation and
Compliance Order. I agree that the time period commencing on the date of my
signature and continuing until termination of this application shall not be included in
computing the running of any statute of limitations potentially applicable to any
actions brought by DWQ in relation to the above-referenced facility.
6. When the DERR determines that the release does not pose a known threat to human health
or the environment when evaluated pursuant to DERR policies, guidelines, standards, and
procedures for LPST releases, the DERR will issue a letter to that effect and copy DWQ.
The letter will be substantially similar to the closure letters the DERR LPST program issues
to owners and operators upon completion of work at an LPST site. However, the DERR
may decline to issue the letter until fees that have been incurred or obligated by the DERR
are paid 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: ________________________________ 6-10-25