DERR-2024-006406

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Attach Signed Letter
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04/24/2024
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4000973XpressMart
2nd NOV

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-10-24

April 24, 2024

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

Tajinder S. Jassal
9943 South Birdie Way
South Jordan, Utah 84009

Ahmad Esfahani Poursaid, Registered Principle
XpressMart, LLC & Esfahan, LLC
8358 South Willow Creek Drive
Sandy, Utah 84093

Ahmad Esfahani Poursaid, Registered Principle
XpressMart, LLC & Esfahan, LLC
1460 Synergy
Irvine, California 92614

Ahmad Esfahani Poursaid
XpressMart, LLC & Esfahan, LLC
2729 West 9000 South
West Jordan, Utah 84088

Ahmad Esfahani Poursaid
Email: [e-mail]

Re: Second Notice of Violation and Order to Comply
XpressMart, LLC, located at 2729 West 9000 South, West Jordan, Utah
Facility Identification No. 4000973

Dear Messers Jassal and Poursaid (for XpressMart, LLC & Esfahan, LLC):

Please find enclosed a Second Notice of Violation and Order to Comply (NOV) regarding
non-compliance with petroleum storage tank requirements due to your failure to submit
documentation showing that the submersible turbine pump flex connectors at tanks #1, #2, #3, and
Facility ID# 4000973
Page 2

#4 are protected from corrosion. You are receiving a second NOV because the address of the
Registered Agent for XpressMart, LLC & Esfahan, LLC resulted in a returned mailing of the
original NOV.

As a result, this second NOV will also be sent to the Registered Principle of the two LLCs’
as explained within this second NOV.

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

Sincerely,

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

BHE/RTS/ss

Enclosure: Second Notice of Violation and Order to Comply

cc: Dorothy Adams, Interim Executive Director, Salt Lake County Health Department
Ron Lund, Environmental Health Director, Salt Lake County 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
Rick Saathoff, Division of Environmental Response and Remediation

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DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION

In the Matter Of:

XpressMart, LLC
2729 West 9000 South
West Jordan, Utah 84088

SECOND NOTICE OF VIOLATION
AND ORDER TO COMPLY

Facility Identification Number 4000973

The Director of the Division of Environmental Response and Remediation (Division
Director) issues this Second Notice of Violation and Order to Comply (Order) to Tajinder S. Jassal,
XpressMart, LLC, and Esfahan, 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).

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; (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. “Facility" means the petroleum storage tanks (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 4000973.

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

7. "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).

8. "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).

9. "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).

10. Each owner or operator of a PST is required to have a certificate of compliance. Utah Code
§ 19-6-412(1).

11. To maintain a certificate of compliance the owner or operator is required to substantially
comply with all applicable State and Federal statutes, rules, and regulations. Utah Code §
19-6-412(2)(c).

12. 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.

13. Among other things, the performance standards require each owner or operator of USTs
with associated piping that is in contact with the ground must be properly designed,
constructed, and protected from corrosion. 40 CFR § 280.20(b) and 40 CFR § 280.31,
incorporated and adopted by Utah Admin. Code R311-202-1.

14. Owners and operators of UST systems must cooperate fully with requests for document
submission on corrosion protection. 40 CFR § 280.34(b)(2), incorporated by Utah Admin.
Code R311-202-1.

15. Except as provided in Utah Code §19-6-407, each owner and operator are 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. Utah Code § 19-6-425(1).

STATEMENT OF FACTS AND BACKGROUND

16. According to the most recent Notification for Underground Storage Tanks on file with
the DERR, Tajinder S. Jassal is the owner/operator of four USTs, located at
2729 West 9000 South, West Jordan, Utah. (Property). The USTs were installed in 1986.

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The Division Director has assigned the UST system Facility Identification Number 4000973
(Facility).

17. According to Salt Lake County property records ESFAHAN, LLC, is the owner of the parcel
of property upon which is the Facility location. The Parcel Number for the property is 27-
04-327-028-0000, with legal description of BEG 40 FT N 89^59'54" W & 53 FT S 0^01'14"
E FR CEN OF SEC 4, T 3S, R 1W, S L M; S 0^00'06" W 180 FT; S 89^58'46" W 242FT;
N 0^00'06" E 180 FT; N 89^58'46" E 242 FT TO BEG. ALSO BEG 233 FT S 0^00'06" W
ALG 1/4 SEC LINE & 40 FT N 89^59'54"W FR CEN OF SEC 4, T 3S, R 1W, S L M; S
89^58'46" W 242 FT; N 0^00'06" E 180 FT; S 89^58'46" W 10 FT; S 0^00'06" W 190 FT;
N 89^58'46" E 252 FT; N 0^00'06" E 10 FT TO BEG.

18. The Facility business name provided to the DERR of XpressMart is a registered business
with the Utah Division of Corporation as an LLC. XpressMart, LLC, has the Facility address
as its business address and is also a possible owner or operator of the Facility.

19. According to the Division of Corporation, records Ahmad Esfahani Poursaid is sole
managing member of both Esfahan, LLC, the property owner and XpressMart, LLC, the site
business, as well as being the Registered Agent.

20. On May 24, 2023, the DERR performed a compliance review of the Facility and found that
the Facility needed to submit documentation concerning currently trained A/B operators at
the Facility and documentation concerning submersible turbine pump flex connectors #1,
#2, #3, and #4 being protected from corrosion.

21. The Division Director issued a Notice of Non-Compliance for Underground Storage Tank
Violations via certified mail dated September 8, 2023, to Tajinder S. Jassal, the current
owner/operator for the Facility as indicated on the latest notification of change of ownership.

22. The Notice of Non-Compliance directed the Facility to submit documentation concerning a
trained A/B operator and documentation concerning corrosion protection for the
submersible turbine pump flex connectors within 60 days of the date of the Notice to bring
the Facility into compliance with Utah Admin. Code R311-202-1 and 40 CFR § 280.

23. The owner/operator did provide documentation concerning a trained A/B operator, but to
date, the DERR has not received documentation that the submersible turbine pump flex
connectors at tanks #1, #2, #3, and #4 are protected from corrosion.

24. The Division Director issued a Notice of Violation and Order (NOV) via certified mailed
dated March 14, 2024, to Tajinder S. Jassal, the listed current owner/operator for the Facility,
and Ahmad Esfahani Poursaid, Registered Agent for both XpressMart, LLC, the site
business, and Esfahan, LLC the owner of the property. The agency received a returned
mailing of these NOV/Orders that were mailed to the Registered Agent for the two LLCs
using the address registered with the Utah Division of Corporations.

25. Mr. Poursaid is not only the Registered Agent but the head company officer for XpressMart,
LLC and Esfahani, LLC. The Registered Agent address is also the address for Mr. Poursaid

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as Registered Principle. The Agency obtained the email address of Mr. Poursaid. The
Agency also, from a web search located an address that is indicated as a current address for
Mr. Poursaid.

26. To ensure effective service in accordance with Utah Admin. Code R305-7-302, the Agency
will now send this second Notice of Violation and Order, to Mr. Poursaid, the Registered
Principle of the two LLCs at his email address, facility business address and possible current
residential addresses as well as attempt again to send the notice to Mr. Poursaid at his state
Division of Corporations registered address for the two LLCs. The Facility owner/operator
Mr. Jassal will also be served this second Order as before.

VIOLATIONS

27. Tajinder S. Jassal, XpressMart, LLC, and Esfahan, LLC as the owner/operators of the
Facility, are in violation of 40 CFR §§ 280.20(b), 280.31 and 280.34(b)(2), which are
incorporated as Utah law in Utah Admin. Code R311-202-1, which requires the owner or
operator of any UST system to submit requested documentation that the submersible turbine
pump flex connectors at tanks #1, #2, #3, and #4 are protected from corrosion. Under Utah
Code §19-6-425(1), Tajinder S. Jassal, XpressMart, LLC, and Esfahan, LLC are subject to
a civil penalty of up to $10,000.00 for each day of each violation.

ORDER

On the grounds and for the reasons summarized herein, and pursuant to the authority of Utah
Code Section 19-6-404(2)(f), and other authorities cited above, Tajinder S. Jassal, XpressMart,
LLC, and Esfahan, LLC as owners and operators of the Facility 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. Submit to the DERR documentation that the submersible turbine pump flex
connectors at tanks #1, #2, #3, and #4 are protected from corrosion.

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

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[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 April 2024.

__________________________________________
Brent H. Everett, Director
Division of Environmental Response and Remediation
24th

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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 April 2024, by regular U.S. mail and by U.S.
Certified Mail, Return Receipt Requested, to:

Tajinder S. Jassal
9943 South Birdie Way
South Jordan, Utah 84009

Ahmad Esfahani Poursaid, Registered Principle
XpressMart, LLC & Esfahan, LLC
8358 South Willow Creek Drive
Sandy, Utah 84093

Ahmad Esfahani Poursaid, Registered Principle
XpressMart, LLC & Esfahan, LLC
1460 Synergy
Irvine, California 92614

Ahmad Esfahani Poursaid
XpressMart, LLC & Esfahan, LLC
2729 West 9000 South
West Jordan, Utah 84088

Ahmad Esfahani Poursaid
Email: [e-mail]

__________________________________________
Elisa Smith
Support Staff Supervisor

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