DSHW-2024-009081

Application for an Enforceable Written Assurance Letter
Application should be mailed to:
Douglas J. Hansen,Director
Division of Waste Management and Radiation Control
PO Box 144880
Salt Lake City, Utah 84114-4880
Application should include the following information based Utah Code Ann. § 19-6-108.3. Missing or inaccurate information may be grounds for denial of the application for an Enforceable
Written Assurance Letter or revocation of the same.
In tailoring the Application for your request, please use the paragraph headings that are in bold letters and underlined. Please delete the words that are in bold letters, in all CAPITAL
LETTERS, and not underlined. Please replace the words that are italicized, in all CAPITAL LETTERS, but not bolded, with the words that apply to your request. For example, you may write
your first paragraph similar to:
1.Description and Location of the Property.Dave’s Auto Body is acquiring Lot 1 of Car Repair Plaza, plat recorded on October 4, 2015 with the Utah County Recorder’s Officeas Entry 347982:2015,
Tax I.D. Number 123321, located at 800 North 1500 West, Vineyard, Utah. A legal description is attached as Attachment 1.
Dear Mr. Hansen:
(APPROPRIATE INTRODUCTORY LANGUAGE)
1. Description and Location of the Property.PROVIDE DESCRIPTION OF AND LOCATION OF PROPERTY. FOR EXAMPLE:
(NEW PROPERTY OWNER)___ is acquiring __(PROPERTY DESCRIPTION: LOT NUMBER,PLAT NAME OR NUMBER)__,plat recorded on __(DATE RECORDED)__ as __(ENTRY NUMBER)__with the __(LOCATION OF RECORDED
DEEDe.g.,UtahCounty Recorders Office)__and located __(LOCATION OF PROPERTY)__, Utah (the "Property").AS APPROPRIATE, ATTACH LEGAL DESCRIPTION, MAP.
2. Current Ownership of the Property.PROVIDE NAME OF CURRENT PROPERTY OWNER.SUBMIT A COPY OF THE RECORDED DEED SHOWING THE CURRENT OWNER OF THE PROPERTY. THE DIRECTOR MAY ALSO REQUIRE
A TITLE REPORT.
3. Contact Information.PROVIDE CONTACT NAME AND FULL MAILING ADDRESS OF NEW PROPERTY OWNER.
4.Coverage by an Operation Plan. IDENTIFY THE PERMIT TO WHICH THE PROPERTY IS CURRENTLY SUBJECT.FOR EXAMPLE:
The propertyis subject to the____ (State the name of the Permit)____, dated __(DATE OF PERMIT ISSUANCE)____(the "Permit"),issuedby (THE PERMIT MAY HAVE BEEN ISSUED BY THE EXECUTIVE SECRETARY
OF THE UTAH SOLID AND HAZARDOUS WASTE CONTROL BOARD, THE DIRECTOR OF THE DIVISION OF SOLID AND HAZARDOUS WASTE, OR THE DIRECTOR OF THE DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL.
PLEASE IDENTIFY THE PERMIT TO THE BEST OF YOUR ABILITY. THE DIVISION WILL VERIFY THE OFFICIAL WHO ISSUED IT.)The Permit constitutes an "operation plan" within the meaning of Utah CodeAnn.§
19-6-108.3(l)(a) and§ 19-6-102(16).
5. Permittee Status. INDICATE STATUS OF NEW PROPERTY OWNER. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ is not a "Permittee" under any "operation plan" withinthe meaning of Utah Code Ann. § 19-6-108.3(1)(a)(i).
6. Certification Regarding Compliance.PROVIDE CERTIFICATION REGARDING COMPLIANCE STATUS. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ certifies that it has not violated anyprovision of the Solid and Hazardous Waste Act, Utah Code Ann. § 19-6-101 et. seq., or anyother environmental statute with
respect to the Property.
7. Certification Regarding Affiliation. PROVIDE CERTIFICATION REGARDING AFFILIATION. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ certifies that (a) none of its affiliatesor agents have violated any provision of the Solid and Hazardous Waste Act, Utah Code Ann. §19-6-101 et. seq., or any other
environmental statute with respect to the Property; (b) it is notpotentially liable or affiliated with any other person that is potentially liable, for response costs atthe Property
through: (i) any direct or indirect familial relationship; or (ii) any contractual,corporate,or financial relationship (other than contractual, corporate, or financialrelationshipthat
is created by the instruments by which title to the Property is conveyed or financed or by acontract for the sale of goods or services); or (iii) the result of a reorganization of a
businessentity that was potentially liable.
8.Certification Regarding Contamination. PROVIDE CERTIFICATION REGARDING ENVIRONMENTAL CONTAMINATION. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ certifies that it did not cause anyenvironmental contamination onthe Property. ____ (NEW PROPERTY OWNER) ___further certifiesthat none of its affiliates oragents
caused any environmental contamination of the Property.
9. Use of the Property. IDENTIFY PAST, PRESENT AND FUTURE USES OF PROPTERY. FOR EXAMPLE:
The Property was previously used as a ___ (STATE THE PREVIOUS USE OF THE PROPERTY, e.g., pipe production plant)_________. The Property currently is ____ (STATE THE CURRENT USE OF THE
PROPERTY, e.g.,a graveled industrial/commercial lot). ____ (NEW PROPERTY OWNER)___‘splanned futureuse for the Property __IDENTIFY FUTURE USE OF PROPERTY; e.g., limited to industrial
and commercial).
10. Compliance with Existing and Future Access Requirements and InstitutionalControls. PROVIDE STATEMENT OF INTENT TO COMPLY. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ agrees to comply with all access applicable requirements and institutionalcontrols required by an "operation plan" within the meaning of Utah Code Ann.§ 10-6-108.3(1)(a)
and § 19-6-102(17), as well as other applicable access requirements or institutionalcontrols set forth in a Site Management Plan, Environmental Covenant, or related document.
11. Appropriate Care. PROVIDE STATEMENT OF INTENT TO EXERCISE APPROPRIATE CARE. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ agrees to exercise appropriate care with respect tohazardous substances or hazardous materials found or suspected at the Property and in particular,what reasonable
steps ____ (NEW PROPERTY OWNER)___ has determined are necessary to: (a) stop anycontinuing release; (b)prevent any threatened future release; and (c) prevent or limit human, environmental,
or naturalresource exposure to any previously related hazardous substance or hazardous material.
12. Legally Required Notices. PROVIDE STATEMENT OF INTENT TO PROVIDE NOTICES. FOR EXAMPLE:
(NEW PROPERTY OWNER)_ agrees to provide all legally required noticeswith respect to the discovery or release of any hazardous substances or hazardous materials at theProperty.
13. Bonafide Prospective Purchaser.PROVIDE STATEMENT REGARDING QUALIFICATION AS BONAFIDE PROSPECTIVE PURCHASER. FOR EXAMPLE:
(NEW PROPERTY OWNER)___ has made all appropriate inquiriesinto the previous ownership and uses of the Property pursuant to 40 C.F.R. Part 312, andqualifies as a bonafide prospective
purchaser under 42 U.S.C. § 9601(40).
14. Request for written assurance. PROVIDE SPECIFIC REQUEST FOR WRITTEN ASSURANCE. FOR EXAMPLE:
Based on the foregoing ____(NEW PROPERTY OWNER)___ requests a written assurance that (a) the Director will not commence an enforcement actionor cost recovery action against ____(NEW
PROPERTY OWNER)___, andwill not otherwise require ____(NEW PROPERTY OWNER)___ to take corrective action, relating tocontamination that existed or for violations of the Utah Solidand
Hazardous Waste Act that occurred before ____(NEW PROPERTY OWNER)___ acquired the Property; and (b) ____(NEW PROPERTY OWNER)___ is notand will not become a Permittee or responsible party

under the Permit of the Utah Solid andHazardous Waste Act, UtahCode Ann.§§ 19-6-10l to -125,asamended.