DSHW-2024-008590

October 4, 2024Promontory Point Resources, LLCCERTIFIED MAIL298 24th Street, Suite 170RETURN RECEIPT REQUESTEDOdgen, UT 84401[Certified Mail Number
RE:Final Permit Order SW416
DearPromontory Point Resources, LLC,Enclosed is a FINAL PERMIT ORDER regarding Promontory Point Resources, LLC’s application to convert the Promontory Point Landfill’s Class I Permit
to a Class V Permit. You have 30 days from the signature date of the attached FINAL PERMIT ORDER to file a petition for review in themanner and within the time period prescribed byUtah
Code 19-1-301.5 and Utah Administrative Code R305-7.If you have any questions, please call Bryan Woolf at [phone] or have your attorney callRaymond Wixom, Assistant Attorney General,
at [phone].Sincerely,Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlDJH/BMW/JK/BSEnclosures:Final Permit Order, SW416Final Statement of BasisResponse
to CommentsDeclaration of Ty HowardDeclaration of Brian Speer
cc:Kimberly D. Shelley, Executive Director, Utah Department of Environmental Quality (UDEQ)
Jalynn Knudsen, Assistant Director, Division of Waste Management and Radiation Control, UDEQ
Brian Speer, Environmental Program Manager, Division of Waste Management and Radiation Control, UDEQ
Raymond Wixom, Assistant Attorney General, Utah Attorney General’s Office
Brenden Catt, Assistant Attorney General, Utah Attorney General’s Office
Haley Sousa, Assistant Attorney General, Utah Attorney General’s Office
Bradley R. Cahoon, Dentons Durham Jones Pinegar P.C.
Tyler R. Cahoon, Dentons Durham Jones Pinegar P.C.
Cole P. Crowther, Dentons Durham Jones Pinegar P.C.---oo0oo---
In the Matter of:
:
:
FINAL PERMIT ORDERPromontory Point Resources, LLCSW416
:
:
---oo0oo---This FINAL PERMIT ORDER is issued by the Director of the Division of Waste Management and Radiation Control(Director) pursuant to the Utah Environmental Quality Code, Utah
Code§ 19-1-301.5, the Utah Solid and Hazardous Waste Act, Utah Code § 19-6-101,et seq.,and the Utah Administrative Code R305-7 and R315-301, et seq.BACKGROUNDOn October 30, 2020, Promontory
Point Resources, LLC (PPR) submitted a permit application to reclassify its Promontory Point Landfill (PPL facility) as a Class V commercial nonhazardous solid waste facility.  See DSHW-2020-015781.On
February 23, 2023, the Director provided a 45-day comment period to receive public comment on the Director’s Provisional Intent to Deny PPR’s application to reclassify the PPL facility
as a Class V commercial landfill. The Director also received oral comments at a public hearing on Monday, March 27, 2023. Together with this Final Permit Order, the Director has prepared
a Final Statement of Basis and Response to Comments detailing the Director’s reasoning for this Final Permit Order.FINAL PERMIT ORDERAfter consideration of all comments received and
the Administrative Record, the Director hereby DENIES PPR’s application to convert the PPL facility to a Class V commercial nonhazardous solid waste facility. PETITION FOR REVIEW OFFINAL
PERMIT ORDERThis Final Permit Orderis effective immediately. PPR may file a petition for review of this Final Permit Order in a manner and within the time prescribed by Utah Code §
19-1-301.5 and Utah Admin. Code R305-7-203. Dated this [day] day of [Month], [year]By:__________________________________________Douglas J. Hansen,DirectorDivision of Waste Management
and Radiation Control
CERTIFICATE OF SERVICEI HEREBY CERTIFY that I served a true and correct copy of the foregoing FINAL PERMIT ORDERon the[day]dayof [month], [year]to the following parties by the following
methods:
Via US Certified Mail, Return receipt Requested, to:
Promontory Point Resources, LLC
298 24th Street, Suite 170
Odgen, UT 84401
Via Email to:
Bradley R. Cahoon
Counsel for Promontory Point Resources
Dentons Durham Jones Pinegar P.C.
[e-mail]
Via Email to:
Tyler R. Cahoon
Counsel for Promontory Point Resources
Dentons Durham Jones Pinegar P.C.
[e-mail]
Via Email to:
Cole P. Crowther
Counsel for Promontory Point Resources
Dentons Durham Jones Pinegar P.C.
[e-mail]
__________________________________
[Type name of person certifying the date the Final Permit Order is mailed]