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Home My WebLink AboutDERR-2024-005788 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-0111-24 March 26, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert Shepherd 25 South 200 East Levan, Utah 84639 Re:Additional Landfarming Requirements Levan AST Diesel Spill, located at 25 South 200 East, Levan, Utah Facility Identification No. 2000759, Release Site ODU Dear Mr. Shepherd: On August 14, 2023, the Division of Environmental Response and Remediation (DERR) received a Landfarm Sampling Report from your consultant regarding the above-referenced release. Three of the four samples collected and analyzed exceeded the DERRs Initial Screening Levels for diesel range organics (DRO) in soil. The DERR is requesting that this landfarmed soil, located at your off-site cattle feed yard, be tilled/rotated a minimum of three (3) times between now and July 2024. The final tilling should occur in early July 2024. Your consultant should re-sample the soils approximately 60 days after the July 2024 tilling, with a report submitted to the DERR no later than September 30, 2024. If the July 2024 sampling data indicate DRO concentrations have decreased to below ISLs, the release will be considered for closure. However, if the soil has not reached ISLs, the DERR may require the landfarmed soil be re-tilled thru the fall and re-sampled in early November 2024, or, that the soil be removed and properly disposed at an appropriate facility. If removal is required, the disposal facility must be pre-approved by the Central Utah Public Health Department. Petroleum storage tank (PST) assessment and cleanup activities must be supervised by a Utah-Certified Consultant. All environmental samples must be collected by a Utah-Certified sampler following sampling protocols as outlined in Utah Admin. Code R311-205. Your environmental samples must be analyzed for BTEXN and DRO using the methods indicated in the Environmental Media Sampling Handbook (June 1, 2021) available on the DERR website. Facility ID# 2000759 Page 2 During the 2014 Utah Legislative Session, Section 19-6-420(10)(a) 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 Enterprise 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, please contact Eileen Brennan, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/EB/rr cc: Nathan Selin, Executive Director, Central Utah Public Health Department Eric Larsen, Environmental Director, Central Utah Public Health Department John Chartier, District Engineer, Utah Department of Environmental Quality Dave S. Hansen, Certified UST Consultant, Rockwell Solutions, Inc. if ~ ~ J rn I nJ ..a I rn I □ I er rn cr □ □ □ □ □ cr ru r-'1 □ ru □ r-- U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only ,r ·,..,. . . •" -, . . ' 0 FFICIAL USE I Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) D Retum Receipt (hardcopy) $ D Retum Receipt (electronic) $ Postmark □ Certffied Mail Restricted Delivery $ Here 0 Adult Signature Required $ 0 Ad ult Signature Restricted Oellvery $ r ATTN: Robert Shepherd 25 S. 200 E. ·------------- Levan, UT 84639 ·------------- PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mall label). for an electronic return receipt, see a retail ■ A unique Identifier for your mailpiece . associate for assistance. To receive a duplicate ■ 8ectronlc verification of delivery or attempted return receipt 10{ no additional fee, present this delivery. US~®-~tmarked Certified Mail receipt to the ■ A record of delivery Qnduding the recipient's retail associate . signature) that is retained by the Postal Service-• Restricted delivery service , which provides for a spec ified period . delivery to the addressee specified by name, or to the addressee 's authorized agent Important Reminders: ■ You may purchase Certified Mall service with Rrst-Class Mai l9, Rrst-Class Package Service•, or Priority Mai l9 service . ■ Certified Mail service is not available for international mall . ■ Insurance coverage Is not available for purchase with Certified Mall service . However, the purchase of Certified Mail service does not change the insurance coverage automatically lnduded with certain Priority Mail items. ■ For an additional lee , and with a proper endorsement on the mailpiece , you may request the following services: -Return receipt service , which provides a record of delivery Qnduding the recipient's signature). You can request a hardcopy return receipt or an electronic version . For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece ; -Adult signature service, which requires the signee to be at least 21 years of age (not available at retaiQ. -Adult signature restrlcted delivery service, wtlich requ ires the slgnee to be at least 21 years of age and provides delivery to the addressee specified by name , or to the addressee's authorized agent (not available at retail). ■ To ensure that your Certified Mall receipt Is accepted as legal proof of mailing , it should bear a USPS postmark. II you would like a postmark on this Certified Mail receipt, please present your Certified Mail Item at a Post Office-for postmarking . tt you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label , affix It to the mallpiece, apply appropriate postage , and deposit the mallpiece. IMPORTANr. Save this receipt tor your records. PS Fom, 3800, Apfl 2015 /--J PSN 75»02-000-9047 I SENDER: COMPL~TE THIS SECTION ■ Complete items 1, 2 , and 3 . ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Arti.9_@ _Md1essed to: ATTf\!; Robert Shepherd 25 5~200 E. D. Is delivery address different from item 1? D Yes If YES, enter delivery address below: □ No Levan, UT 84639 '-------n--a--.ll lll,.,_.,.,l ll l ll...,,...111 11-rr.wTillllllnrrnlllll....,....,..l llll .,.....,..,..1~ 111 ,...,.-1111 .-~g ~]~:rn;~::f: Restricted Delivery □ Certified Mail® 9 5 90 9402 6067 0125 21 7 0 36 □ Certified Mail Restricted Delivery >---------------------~□Collect on Delivery 2. Article Number (Transfer from service label) □ Collect on Delivery Restricted Delivery 7020 1290 □□□□ 9390 3623 □ Insured Mail D Insured Mail Restricted Delivery (over$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 (F.RL,.. I) l D Priority Mail Express® D Registered Mail™ D Registered Mail Restricted Delivery D Return Receipt for Merchandise D Signature Confirmation™ D Signature Confirmation Restricted Delivery Domestic Return Receipt USPS TRACKING# 1111 mmmwn 840 9590 9402 6067 0125 2170 36 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 United States Postal Service • Sender: Please print your name , address , and ZIP+4® in this box• m = ::5 . 0 = ~ = .,;- fjf -= C, ~ n, .,.., = ~ c,_ ;;;;· = C> = l> -0 ;o = -. .) = ,,_._, - I ITT) [ruiJ c:J ~ @] UDEQ/DERR ATTN: Eileen Brennan PO Box 144840 Salt Lake City, UT 84114-4840