DERR-2024-006378

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
ERRA-20-23

March 27, 2024

SENT VIA U.S. REGULAR
AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Donald Fulton
Grumps General Store, LLC
P.O. Box 24
Echo, Utah 84024

Donald Fulton, Registered Agent
Grumps General Store, LLC
510 North Main Henefer, LLC
3525 South Old Echo Road
Echo, Utah 84024

Re: Notice of Violation and Order to Comply
Grumps General Store, LLC, located at 520 North Main Street, Henefer, Utah
Facility Identification No. 7000021

Dear Mr. Fulton:

Please find enclosed a Notice of Violation and Order to Comply regarding failure to comply
with the Utah Underground Storage Tank Act.

If you have any questions regarding this matter, please contact Gary Harris, the Division
of Environmental Response and Remediation project manager, at [phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/GH/ss
Facility ID# 7000021
Page 2

Enclosure: Notice of Violation and Order to Comply

cc: Phil Bondurant, Ph.D., Director, Summit County Public Health Department
David McKnight, Utah Attorney General’s Office
Francisca Chambus, U.S. Environmental Protection Agency, Region 8
Roberta Person, U.S. Environmental Protection Agency, Region 8

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DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION

In the Matter Of:

Grumps General Store
520 North Main Street
Henefer, Utah 84024

NOTICE OF VIOLATION AND
ORDER TO COMPLY

Facility Identification Number 7000021

The Director of the Division of Environmental Response and Remediation (Division
Director) issues this Notice of Violation and Order to Comply (Order) to Grumps General Store,
LLC and 510 North Main Henefer, LLC, based on failure to comply with the Utah Underground
Storage Tank Act, Title 19, Chapter 6, Part 4 of the Utah Code (Utah UST Act) and the rules
promulgated thereunder, Utah Administrative Code R311 et seq. (Rules). These proceedings are
pursuant to the jurisdiction and authority therein. Pursuant to Utah Code Section 63G-4-102(2)(k),
this Order is exempt from the Utah Administrative Procedures Act (UAPA). However, if this Order
is contested as described herein, the UAPA would apply to those proceedings.

STATEMENT OF LAW AND JURISDICTION

1. The Utah Underground Storage Tank Program is Federally authorized and codified subject
to the U.S. Environmental Protection Agency’s inspection and enforcement authority. 40
CFR Part 282.

2. The Waste Management and Radiation Control Board (Board) is authorized and required to
make rules adopting the requirements for underground storage tanks (USTs) contained in
Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. § 6991c, et seq., and
other future applicable final Federal regulations. Utah Code § 19-6-403(1).

3. The Division Director is authorized to enforce the rules made by the Board and any
requirements in the Utah UST Act by issuing notices and orders. Utah Code § 19-6-
404(2)(f). The Division of Environmental Response and Remediation (DERR) is charged
with administering the Utah UST Act and Rules under the immediate direction and control
of the Division Director. Utah Code. §§ 19-1-105(1)(c) & (2).

4. “Underground Storage Tank” means any tank regulated under Subtitle I, Resource
Conservation and Recovery Act, 42 U.S.C. § 6991c, et seq., including: (a) a petroleum
storage tank (PST); (b) underground pipes and lines connected to a storage tank; and (c) any
underground ancillary equipment and containment system. Utah Code. § 19-6-402(32).

5. “Petroleum storage tank” includes a tank that is an UST. Utah Code. § 19-6-402(21).

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6. “Facility" means the PSTs located on a single parcel of property or on any property adjacent
or contiguous to that parcel. Utah Code § 19-6-402(16). References to “Facility” in this
Notice refers to Facility Number 7000021.

7. "Operator" means any person in control of or who is responsible on a daily basis for the
maintenance of a petroleum storage tank (PST) that is in use for the storage, use, or
dispensing of a regulated substance. Utah Code § 19-6-402(18).

8. "Owner" means, in the case of an UST in use on or after November 8, 1984, any person who
owns an UST used for the storage, use, or dispensing of a regulated substance. Utah Code.
§ 19-6-402(19)(a).

9. "Regulated substance" means petroleum and petroleum-based substances comprised of a
complex blend of hydrocarbons derived from crude oil through processes of separation,
conversion, upgrading, and finishing, and includes motor fuels, jet fuels, distillate fuel oils,
residual fuel oils, lubricants, petroleum solvents, and used oils. Utah Code § 19-6-402(25).

10. "In use" means that an operational, inactive, or abandoned PST contains a regulated
substance, sludge, dissolved fractions, or vapor which may pose a threat to human health,
safety, or the environment as determined by the Division Director. Utah Admin. Code R311-
200-1(2)(dd).

11. Each owner or operator of a PST is required to have a certificate of compliance. To obtain
a certificate of compliance, the requirements set forth in this statement of law must be
complied with. With expired certification, the owner or operator must pay a $300.00
renewal/recertification fee. Utah Code § 19-6-412; Utah Admin. Code R311-201-5; State of
Utah State Agency Fees and Internal Service Fund Rate Authorization and Appropriations,
2023 General Session, S.B. 8.

12. Each owner or operator is required to pay the annual PST registration fee. Utah Code § 19-
6-408.

13. Owners or operators of PSTs shall meet all requirements outlined in Utah Admin. Code 311-
206-4 for participation in the Environmental Assurance Program created by Utah Code 19-
6-410.5, or otherwise demonstrate financial assurance by obtaining separate assurance in
accordance with one of the methods outlined in 40 CFR subpart H. Utah Admin. Code 311-
206-2.

14. Owners or operators who have not participated in the Environmental Assurance Program
but subsequently want to participate in the program must have a tank tightness test of each
of the USTs and a site assessment performed at the Facility. Utah Code § 19-6-428(3); Utah
Admin. Code R311-206-7(4)(a).

15. Each owner or operator of an UST is required to comply with the performance standards
specified in 40 CFR § 280, which the Board has incorporated and adopted by Utah Admin.
Code R311-202-1. The performance standards include performance, operation and
maintenance of release detection, corrosion protection, and spill and overfill protection.

3

16. A precision line tightness test must be conducted annually. 40 CFR § 280.41(b)(1)(B),
incorporated by Utah Admin. Code R311-202-1.

17. Owners and operators must test release detection equipment, including the line leak detector
on pressurized product lines and automatic tank gauge (ATG) for proper operation at least
once annually. 40 CFR § 280.40(a), incorporated by Utah Admin. Code R311-202-1.

18. Owners and operators must test spill prevention equipment (spill bucket) and containment
sumps and must inspect overfill prevention equipment at least once every three (3) years. 40
CFR § 280.35, incorporated by Utah Admin. Code R311-202-1.

19. To meet the Operator Training requirement (42 USC Section 6991(i)) of the Solid Waste
Disposal Act as amended by the Energy Policy Act of 2005, each UST Facility shall, by
January 1, 2012, have UST facility operators that are trained and registered according to the
requirements (of the regulations). Each facility shall have three classes of operators: A, B,
and C. Utah Admin. Code R311-201-12(2).

20. UST owners/operators shall provide documentation to the Division Director to identify the
class A, B, and C operators for each facility. If an owner or operator does not register and
identify class A, B, and C operators for a facility, the certificate of compliance for the facility
may be revoked for failure to demonstrate substantial compliance with all State and Federal
statutes, rules, and regulations. Utah Admin. Code R311-201-12.

21. Owners and operators of USTs that are out of service for a period greater than three (3)
months must submit a completed temporary closure notice within 120 days after the
beginning of the temporary closure. Temporarily closed USTs must be emptied of product
to less than one inch, submit annual leak detection results, allow inspections, and conform
to performance standards such as having class A, B, and C operators for the facility, maintain
corrosion protection and release detection. 40 CFR 280.70; Utah Admin. Code R311-203-7
and R311-204-4.

22. USTs that are permanently out of service and thereby closed must follow the closure
requirements of Utah Admin. Code R311-204.

23. Each owner/operator is subject to a civil penalty of up to $10,000.00 for each day of each
violation of the Utah UST Act, Rules, or any Order issued there under, except for failure to
register the USTs which is a $1,000.00 penalty. Utah Code §§ 19-6-425(1) & 19-6-407(3).

STATEMENT OF FACTS AND BACKGROUND

24. According to the most recent Notification for Underground Storage Tanks (Notification) on
file with the DERR dated June 29, 2020, Grumps General Store, LLC is the owner/operator
of two USTs at Grumps General Store, LLC, located at 520 North Main Street, Henefer,
Utah (Property). The tanks were installed in May of 1976. The Division Director has
assigned the UST system Facility Identification Number 7000021 (Facility).

4

25. Grumps General Store, LLC (Grumps, LLC) is a business entity registered with the Utah
Department of Commerce as a limited liability company. Grumps, LLC’s principal mailing
address is 510 North Main Street, Henefer, Utah. Donald S. Fulton is the sole principal and
Donald Roman Fulton is the Registered Agent, both at 3525 South Old Echo Road, Echo,
Utah.

26. According to Summit County real property records, 510 North Main, LLC is the owner of
the Property where the Facility is located. 510 North Main, LLC acquired ownership of the
Property via deed on June 6, 2019. The parcel number for the Property is HT-96-B. The
Property’s legal description is: QUARTER: SW S 4 T 3N R 4E BEG AT A PT WH IS 4.79
CHS; W 3.91 CHS; S 60*45' W & 100 FT S 30*50' E FROM THE CENTER OF SEC 4
T3NR4E SLBM & RUN TH N 60*48' E 75 FT TH S 30*50' E 100 FT TH S 60*48' W 75
FT TH N 30*50' W 100 FT TO PT OF BEG.

27. 510 North Main, LLC is registered as a limited liability company with the Utah Department
of Commerce having the full name of 510 North Main Henefer, LLC. Its business address
is 510 North Main Street, Henefer, Utah. Donald S. Fulton is the sole principal and the
Registered Agent at 3525 South Old Echo Road, Echo, Utah.

28. Summit County real property records and DERR records indicate that Kevin and Vickie
Joiner were the prior owners of the Property and Facility. In June 2019, the Joiners conveyed
all their interest in the Property to 510 North Main, LLC. With 510 North Main, LLC
obtaining all the Joiner’s ownership interest in the property, 510 North Main, LLC would
be an Owner of the Facility.

29. With 510 North Main, LLC obtaining the ownership rights to the Property and Grumps,
LLC notifying the DERR of its owner/operator status at the Facility, 510 North Main, LLC
and Grumps, LLC would be co-owners of the Facility and Grumps, LLC the operator.

30. When Grumps, LLC notified the DERR it was a new owner, the Facility already had
compliance issues. Afterward additional compliance issues arose concerning the new owner.
The DERR sought out Mr. Fulton as Grumps, LLC’s contact to resolve the compliance
issues.

31. The Division Director issued a Notice of Non-Compliance for Underground Storage Tank
Violations via certified mail dated October 25, 2021, to Donald Fulton, Grumps General
Store at the P.O. Box address given on the Notification form. The Notice required the owner
within 30 days of the date of the letter to either obtain a certificate of compliance or properly
close the tanks. To obtain a certificate of compliance the owner was directed to: 1) provide
documentation of compliance with the tank and piping release detection requirements;
2) pay all past due registration fees; 3) pay a re-certification fee of $300.00; 4) meet financial
assurance requirements by either reinstating PST Fund coverage (which now will require a
site assessment) or document you have an approved alternative financial assurance
mechanism; 5) complete an updated UST Notification EPA Form 6200-10; 6) submit
documentation of a registered A/B operator at the site or have someone become certified;
7) submit a copy of a current precision line tightness test; 8) submit a copy of a simulated
leak test for proper operation of the automatic line leak detectors on the pressurized product

5

lines; 9) submit a copy of the current spill bucket tests; 10) submit a copy of overfill
prevention equipment test for proper operation; and 11) submit a copy of the current test for
proper operation of the ATG.

32. To date, the DERR has not received any indication from Grumps General Store, LLC, or
510 North Main Henefer, LLC (the related entity that now owns the Property) of obtaining
a new certificate of compliance.

33. To date, the DERR has not received payment of current and past due registration fees and
payment of a $300.00 re-certification fee.

34. To date, the DERR has not received any documentation that the owner/operators have met
financial assurance requirements by either reinstating PST Fund coverage (which now will
require a tank tightness test and optional site assessment) or document it has an approved
alternative financial assurance mechanism.

35. To date, the DERR has not received documentation that the Facility has registered class A
and class B operators. The owner/operator also hasn’t shown any indication that it is taking
steps to obtain or have a person trained to be an A/B operator.

36. To date, DERR has not received a copy of a current (performed in the last 12 months)
precision line tightness test for the product lines associated with two USTs.

37. To date, the DERR has not received a copy of a simulated leak test for proper operation of
the automatic line leak detectors on the pressurized product lines associated with all USTs
performed within the last 12 months.

38. To date, the DERR has not received documentation of the current (performed within the last
three years) spill bucket tests documenting they are liquid tight.

39. To date, the DERR has not received documentation of the current (performed within the last
three years) overfill prevention equipment tests documenting proper operation.

40. To date, the DERR has not received documentation of the current (performed in the last 12
months) test for proper operation of the ATG.

41. As the Facility is apparently no longer operating as a gas station, to date, 510 North Main,
LLC and Grumps, LLC have not followed the temporary closure requirements including the
submission of the temporary closure notice of Utah Admin. Code R311-204-4(3) for UST
that have been out of service over 60 days.

VIOLATIONS

42. As the owner and operator of the Facility 510 North Main, LLC and Grumps, LLC are in
violation of Utah Code § 19-6-412 for failure to obtain a certificate of compliance with its
required and related certificate of registration and fee under Utah Code §§ 19-6-407 & 408,
demonstration of financial assurance under Utah Admin. Code 311-206 by either

6

participation in the Environmental Assurance Program (which now requires a tank tightness
test and optional site assessment Utah Code §19-6-428, Utah Admin. Code R311-206-
7(4)(a)), or obtaining separate assurances in accordance with 40 CFR subpart H., and
compliance with the performance standards specified more fully below. Under Utah Code
Section 19-6-425(1), 510 North Main, LLC and Grumps, LLC are subject to a civil penalty
of up to $10,000.00 for each day of each violation except for failure to register the USTs
which is a $1000 penalty. Utah Code §§ 19-6-425(1) & 19-6-407(3).

43. As the owner and operator of the Facility 510 North Main, LLC and Grumps, LLC are in
violation of Utah Admin. Code R311-202-1, incorporating 40 CFR § 280.41(b)(1)(B),
which requires owners and operators to perform a precision line tightness test annually on
product lines. Under Utah Code Section 19-6-425(1), 510 North Main, LLC and Grumps,
LLC are subject to a civil penalty of up to $10,000.00 for each day of each violation. Utah
Code § 19-6-425(1).

44. As the owner and operator of the Facility 510 North Main, LLC and Grumps, LLC are in
violation of Utah Admin. Code R311-202-1, incorporating 40 CFR § 280.40(a)(3) which
requires owner/operators to test release detection equipment, including the line leak detector
on pressurized product lines and ATG for proper operation at least once annually. Under
Utah Code Section 19-6-425(1), 510 North Main, LLC and Grumps, LLC are subject to a
civil penalty of up to $10,000.00 for each day of each violation. Utah Code § 19-6-425(1).

45. As the owner and operator of the Facility, 510 North Main, LLC and Grumps, LLC are in
violation of Utah Admin. Code R311-202-1, incorporating 40 CFR § 280.35 which requires
owners and operators to test spill prevention equipment (spill bucket) and containment
sumps, and must inspect overfill prevention equipment at least once every three years. Under
Utah Code Section 19-6-425(1), 510 North Main, LLC and Grumps, LLC are subject to a
civil penalty of up to $10,000.00 for each day of each violation. Utah Code § 19-6-425(1).

46. As the owner and operator of the Facility 510 North Main, LLC and Grumps, LLC are in
violation of Utah Administrative Code R311-201-12, which requires each Utah underground
storage tank facility to have A and B operators that are trained and registered in accordance
with Utah Administrative Code R311-201-12. Under Utah Code Section 19-6-425(1), 510
North Main, LLC and Grumps, LLC are subject to a civil penalty of up to $10,000.00 for
each day of this continuing violation.

47. As the owner/operator of the Facility, 510 North Main, LLC and Grumps, LLC are in
violation of Utah Admin. Code R311-202-1, incorporating 40 CFR 280.70; Utah Admin.
Code R311-203-7 and R311-204-4, which requires owners and operators of USTs that are
out of service for a period greater than three months to submit a completed temporary closure
notice within 120 days after the beginning of the temporary closure; empty the USTs of
product to less than one inch, submit annual leak detection results, allow inspections, and
conform to performance standards such as having Class A, B and C operators for the facility,
as well as maintain corrosion protection and release detection. Under Utah Code Section 19-
6-425(1), 510 North Main, LLC and Grumps, LLC are subject to a civil penalty of up to
$10,000.00 for each day of this continuing violation.

7

ORDER

On the grounds and for the reasons summarized herein, and pursuant to the authority of Utah
Code Section 19-6-404, and other authorities cited above, 510 North Main, LLC and Grumps, LLC
are hereby ordered to comply with the following requirements:

Within thirty (30) days of the date of this Order, bring all tanks at the Facility into
compliance by doing the following:

a. Apply for and obtain a certificate of compliance along with paying the $300.00
renewal recertification fee;

b. Pay balance owed to the Office of State Debt Collections. The Office of State Debt
Collections can be contacted at [phone];

c. Submit to the DERR documentation of proof of financial assurance or obtain
coverage under the State Environmental Assurance Program (which now requires a
tank tightness test and site assessment);

d. Submit to the DERR a copy of passing precision tank tests and precision line
tightness tests for the product lines associated with the tanks performed within the
last year;

e. Submit to the DERR a copy of a passing test for proper operation of the automatic
line leak detectors of the pressurized product lines associated with the tanks
performed within the last year;

f. Submit to the DERR documentation of passing ATG tests performed within the last
year;

g. Submit to the DERR documentation of passing spill bucket tests documenting that
they are liquid tight performed within the last three years;

h. Submit to the DERR documentation of passing overfill prevention equipment tests
performed within the last three (3) years;

i. With your USTs being out of service, submit a completed temporary closure notice,
empty the USTs of product to less than one inch, maintain corrosion protection and
release detection; and

j. Submit to the DERR documentation that the Facility has a registered class A and
class B operator.

OR in the alternative if you do not intend to bring the tanks back into operation:

a. Submit to the DERR a Closure Plan for proper permanent closure of the USTs;

8

b. Complete proper closure of the USTs within 60 days following approval of the
Closure Plan;

c. Submit to the DERR a Closure Notice within 90 days of the proper permanent
closure, documenting proper permanent closure;

d. Submit to the DERR payment of the fees due in the amount of $444.40; and

e. Perform any corrective action required.

NOTICE OF RIGHT TO CONTEST

Pursuant to Utah Administrative Code R305-7-303, this Order may be contested by filing a
Request for Agency Action within thirty (30) days of the date this Order was issued. If this Order
is contested, an adjudicative proceeding will be conducted formally according to Utah Department
of Environmental Quality’s statute and rules for adjudicative proceedings, Utah Code Section 19-
1-301 and Utah Administrative Code R305-7 et seq. The Request for Agency Action should indicate
the name and number of the matter provided on the first page of this Order, and state the facts,
reasons, and legal authority that form the basis for contesting the Order, in accordance with Utah
Admin. Code R305-7.

Requests for Agency Action may be hand-delivered to 195 North 1950 West, Salt Lake City,
Utah, or may be submitted by electronic mail to the Administrative Proceedings Hearing Officer at
[e-mail], or may be sent via U.S. Mail in accordance with Utah Admin. Code R305-
7-104(5).

The Request for Agency Action should be filed with the Executive Director of the
Department of Environmental Quality (DEQ Executive Director). The DEQ Executive Director’s
street address is 195 North 1950 West, 4th Floor, Salt Lake City, Utah. The DEQ Executive
Director’s mailing address is P.O. Box 144810, Salt Lake City, Utah 84114-4810. A copy of the
Request for Agency Action must be provided to Brent H. Everett, DERR Division Director, who
has a street address of 195 North 1950 West, 1st Floor, Salt Lake City, Utah, and a mailing address
of P.O. Box 144840, Salt Lake City, Utah 84114-4840. If this Order is not contested as described
above, the facts specified herein will be deemed true and not subject to contest in future
administrative or judicial proceedings and any right to proceed with an administrative or judicial
appeal will be forfeited.

DATED this ____ day of March 2024.

__________________________________________
Brent H. Everett, Director
Division of Environmental Response and Remediation
27th

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CERTIFICATE OF MAILING

I HEREBY CERTIFY that I mailed a true and correct copy of the foregoing Notice of
Violation and Order to Comply on the ___ day of March 2024, by regular U.S. mail and by U.S.
Certified Mail, Return Receipt Requested, to:

Donald Fulton
Grumps General Store, LLC
P.O. Box 24
Echo, Utah 84024

Donald Fulton, Registered Agent
Grumps General Store, LLC
510 North Main Henefer, LLC
3525 South Old Echo Road
Echo, Utah 84024

__________________________________________
Elisa Smith
Support Staff Supervisor

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INITIALS DATE
Attorney (Draft Form)
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