DERR-2025-003609

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. 800 346-3128
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
Executive Director

DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION

Brent H. Everett
Director
ERRP-143-25
May 13, 2025

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Cristi Richardson
Gary Anderson
183 North Main Street
Smithfield, Utah 84335

Re: Notice of Non-Compliance for Underground Storage Tank Violations
Summit Creek Sinclair, 183 North Main Street, Smithfield
Facility ID 0100645

Dear Ms. Richardson and Mr. Anderson:

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 183 North Main Street, Smithfield, Utah. The designated Facility Identification Number
is 0100645.

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 a copy of a current test for the proper operation of the automatic line leak
detection on the pressurized product lines associated with diesel UST #2.

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
Facility ID 0100645
Page 2
regulations may also result in revocation of your certificate of compliance under Utah Code Ann. §
19-6-414.
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 DeAnn Rasmussen, the DERR project manager,
at [phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/DR/tt
cc: Grant Koford, Environmental Health Director, Bear River Health Department