DSHW-2024-004472

February XX, 2024
David R Rawson
Recycled Earth LLC
3027 Midland Drive
PO Box 3241
Ogden, UT 84409
RE:Request for an Environmental CovenantSW384
Dear Mr. Rawson:
On January 17, 2024, the Division of Waste Management and Radiation Control (Division) received the Site Management Plan (SMP) and Groundwater Monitoring Plan for Recycled Earth South
Property (DSHW-2024-004143). As requested by the Division, the submission describesplans for additional groundwater monitoring, future land use, and worker protection at the site moving
forward.
After reevaluation of existing dataas summarized in the SMP, the Division has concluded that, if youenter intoan Environmental Covenant with the controls proposed in the SMP, anSMP andadditional
groundwater monitoring will not be required. You have already completed all necessary actions for soil remediation have been completed, and if the proposed controls are used, any further
determinations concerning groundwater constituent background levels are unnecessary because the determination will not change how the site is managed.
Alternatively, you
As you prepare the Environmental Covenant for Division review, ensure that the following items are included:
A statement affirming that groundwater arsenic levels were detected above maximum contaminate levels allowed in XXX.
A statement affirming that a determination of arsenic background levels in groundwater was not made.
Worker safety limitations for all activities where a worker may be exposed to groundwater.
As the groundwater arsenic levels were detected above maximum contaminate levels and that a determination of background was not made, that worker protection when dealing with groundwater
should exist, and that the property will be zoned for industrial use. This environmental covenant will
As recommended in the Revised Site Characterization Report, a site management plan outlining plans
for additional groundwater monitoring, future land use, and worker protection will also be developed,
submitted to the Division, and implemented by Recycled Earth LLC. The site management plan will
include details on an additional round of groundwater sampling for re-evaluating the presence of arsenic
and TPH indicator compounds in the groundwater.
Access to the Site shall remain restricted to workers and commercial customers as provided by perimeter
fencing and a north access gate that is closed during non-operating hours.
 Recycled Earth management will notify present and future workers at the site of the risk at the Site
associated with metals in the groundwater and the existence of this SMP. This includes site workers
present for a typical work week and construction workers who may be temporary. If Site work is required
that brings workers into contact with groundwater then prior to the work applicable exposure training and
personal protective equipment will be provided by Recycled Earth to minimize the potential for exposure.
 No groundwater wells shall be installed, and groundwater shall not be used for any purposes at the Site.
The diversion of shallow groundwater for site drainage with discharge from the Site shall only be
developed after implementation of the Groundwater Monitoring Plan described in Section 3, and after
demonstration that elevated metals concentrations in the groundwater are due to background levels and
not Site conditions.
 An Environmental Covenant (EC) will be prepared to document the land use and groundwater use
limitations presented herein.
If you have any questions, please call [Staff Contact]at (801) 536-02[??].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/[???/[???]
Enclosure(s):
c:Local health Department (go to U:\HW General Folders\Local Health Depts and Dist. Engineers and insert correct health department file)
List all other persons who are to receive copies, including division staff.
List email addresses next to the names of persons who are to receive a copy via email. List mailing addresses next to the names of persons who are to receive a hard copy.