DERR-2024-005678

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. [phone]
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-0095-24
March 14, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Randall G. Lake
P.O. Box 555
Emery, Utah 84522

Re: Subsurface Investigation Reporting and Requirements
Randy’s Service, located at 5 East Main Street, Emery, Utah
Facility Identification No. 5000090, Release Site NSO
Dear Mr. Lake:
A release of petroleum from an aboveground storage tank (AST) at the above-referenced
site was found during a November 2018 subsurface investigation performed by Division of
Environmental Response and Remediation (DERR) contractors. The subsurface investigation
was conducted based on petroleum contamination in the drinking water source at the Emery
Telecom building, located at 45 East Main Street, Emery, Utah, which was reported to DERR on
July 18, 2018. As the owner and operator of the petroleum storage tank (PST) system, which has
released petroleum products and impacted the groundwater, you have certain responsibilities under
Utah law (Sections 19-5-107 and 19-5-114, specify these responsibilities under the Utah Water
Quality Act). The corrective action section of the Ground Water Quality Protection Regulations,
R317-6-6.15, outlines in further detail the obligations of the responsible party pertaining to the
petroleum release.

Typically, the Division of Water Quality (DWQ) regulates petroleum releases from ASTs
that do not fall under the DERR’s regulatory authority. Because this release was discovered prior
to the DERR having regulatory authority at the above-referenced facility, an Application for
Division of Environmental Response and Remediation Oversight (enclosed) should be completed
and submitted to the DERR. If the DERR does not receive the application within 30 days from the
date of this letter, the information concerning your release maybe forwarded to the DWQ for further
action.

The DERR project manager has reviewed the file information and has recommended that
additional investigation work is required. The intent of performing the investigation is to define the
Facility ID# 5000090
Page 2
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 is due 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-inves tigation-report-guide.pdf.

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.

The DERR is authorized by the Utah Legislature 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 are billed at a rate set by the Utah State 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 regarding this matter, please contact Avery Holyoak, the DERR
project manager, at [phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
Enclosure: Application for Division of Environmental Response and Remediation Oversight

BHE/AMH/rr

cc: Brady Bradford, Health Officer, Southeastern Utah District Health Department
Russell Seeley, District Engineer, Utah Department of Environmental Quality
Amber Lake
Application for Division of Environmental Response and Remediation Oversight
(Aboveground Storage Tanks or Underground Heating Oil Tanks)

Applicant Information
Applicant Name: Phone:
Applicant Address:

Facility Information
Facility Name: Randy’s Service
Facility Identification Number: 5000090 Release ID: NSO
Facility Address: 5 East Main, Emery, Utah__________________

Applicant’s relationship to facility:
Ownership or control of the facility (applicant describe fully to your best knowledge):

This application is made pursuant to the December 4, 2000 Memorandum of Understanding
(MOU), between the Division of Water Quality (DWQ) and the Division of Environmental
Response and Remediation (DERR), both at the Utah Department of Environmental Quality
(UDEQ). The MOU provides that the DERR Leaking Underground Storage Tank (LUST)
program will provide administration for aboveground storage tank (AST) and underground
heating oil tank (UHOT) petroleum releases regulated by DWQ. The DERR will charge the
authorized fees established under the annual legislative appropriations bill for staff time
committed to these efforts. 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 AST
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, the DWQ or the
UDEQ unless expressly waived herein. The applicant (“I”) agrees to the following conditions:
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 LUSTs (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 DERR’s existing policies, guidelines, standards and procedures for
petroleum releases from LUSTs (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 at the rate set by the Utah Legislature and in
effect at the time the cost was incurred or obligated. The rate established for oversight and
review is $115.00 an hour. In the event 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 attorney general to bring an action to
recover all costs allowed by law. Checks shall be made payable to the DERR and shall
reference the facility name and release number set forth above. Checks shall be mailed to
the DERR, Attention: AST/UHOT Release Oversight Program, P.O. Box 144840, Salt
Lake City, Utah 84114-4840.

4. 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 written notice to me at the
applicant address. Notice is effective upon mailing. Upon termination, the DERR may
transfer the case file to the DWQ for possible compliance actions, which may include
issuance of a Notice of Violation and Order.
5. When the DERR determines that my submissions of information and documentation
indicate that the release does not presently pose a known threat to human health or the
environment when evaluated pursuant to DERR’s existing policies, guidelines, standards
and procedures for LUST petroleum releases, the DERR will issue a letter to the DWQ and
to me to that effect. The letter will be substantially similar to the closure letters the DERR
LUST program issues to owners and operators upon completion of work at a LUST site.
However, the DERR may decline to issue the letter until I have paid the fees that have been
incurred or obligated by the DERR 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: ________________________________
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Randall Lake
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