Division of Water Quality
Division of Water Quality
Utah Department of
Request for Public Comment
Purpose of Public Comment
The Utah Department of Environmental Quality is soliciting comments
on its proposal to accept the Corrective Action Plan described below
under authority of the Utah Water Quality Act, Section 19-5-104(1)(i)
Utah Code annotated 1953, as amended and Utah Administrative Code
R317-6. Under Section 19-1-301.5, effective May 8, 2012, a person who
wishes to challenge a Permit Order may only raise an issue or argument
during an adjudicatory proceeding that was raised during the public
comment period and was supported with sufficient information or
documentation to enable the Director to fully consider the substance
and significance of the issue. Utah Code Ann. 19-1-301.5 can be viewed
Responsible Party Name: Jim and Sandy Behling, operators; dba Main
Harold Behling, property owner
Facility Location: Main Street Market
15 West Main Street
Ferron, Utah 84523
On June 11, 2010, the Utah Division of Environmental Response and
Remediation (DERR) received an incident report from the Emery County
Sheriff's Office about gasoline vapors intruding into residences of
Ferron via the sewer system. A DERR emergency response investigation
was conducted June 17-18, 2010 to determine the source of the
gasoline. Based on the results of this investigation, the Main Street
Market aboveground storage tank system was determined to be the source
of the gasoline release in violation of Utah Code Ann. Â§19-5-107.
On June 28, 2010, the Utah Division of Water Quality issued a Notice
of Violation and Compliance Order (NOV UGW10-05) to the
owners/operators of the Main Street Market to:
1) Immediately cease using the aboveground storage tanks and
associated fuel dispensing system.
2) Submit a Contamination Investigation Report to the Executive
Secretary within 30 days of receipt of this ORDER that adequately
defines the nature and extent of contamination in accordance with
R317-6-6.15 of the Utah Ground Water Quality Protection Rules.
The nature and extent of contamination was sufficiently defined to
enable interim corrective actions in 2010. The work conducted to date
to alleviate the contamination is not sufficient to remedy the public
health threat to the town drinking water supply. A Corrective Action
Plan has been prepared in 2012 by a certified consultant at the
request of the responsible party.
The public is invited to review and comment on the Corrective Action
Plan. At the conclusion of the comment period, the agreements will
either be finalized as presented or modified, based on public
Public comments are invited any time prior to Monday, January 17,
2013. Written comments may be directed to the Division of Water
Quality, P.O. Box 144870, Salt Lake City, UT 84114-4870. All comments
received prior to Monday, January 17, 2013, will be considered in the
formulation of final determinations to be imposed on the permit. A
public hearing may be held if written requests are received within the
first 15 days of this Public comment period that demonstrate
significant public interest and substantive issues exist to warrant
holding a hearing.
The Corrective Action Plan is available for review online at:
Related documents are available for review during normal business
hours at the Division of Water Quality, 195 N. 1950 W., Salt Lake
City. Additional information may be obtained upon request by calling
Ed Hickey at (801) 536-4300 or by writing the aforementioned address.
In compliance with the Americans with Disabilities Act, individuals
with special needs (including auxiliary communicative aids and
services) should contact Dana Powers, Office of Human Resources at
(801) 536-4413 (TDD 536-4414).
Published in the Emery County Progress December 18, 2012.
These legal notices, along with those from other fine Utah newspapers, can be viewed at www.utahlegals.com