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Home My WebLink About22047_University Place Mall_RA-732_5371_DENR_1990-3d �s State of North Carolina Department of Environment, Health, and Natural Resources Raleigh Regional Office James G. Martin, Governor William W. Cobey, Jr., Secretary .DIVISION OF ENVIRONMENTAL MANAGEMENT February 16, 1990 Certified Mail Return Receipt Requested Mr. John Lancaster 4 Executive Park East NE Atlanta, Ga. 30329 Larry South Regional Manager SUBJECT: NOTICE OF STATE AND FEDERAL REQUIREMENTS Release of Petroleum. from Commercial Underground Storage Tank Site Name & Location: Texaco Retail Facility, Hwy. 15-501 (Bypass) and Estes Drive County: Orange Dear Mr. Lancaster: Part 2A, Article 21A of Chapter 143 of the North Carolina General Statutes provides for the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund ("Commercial Fund"). The Division of Environmental Management (Division) has the delegated authority to administer the Commercial Fund and to enforce G.S. 143-215.94A et. seq. The Division is also the implementing agency of the Federal Underground Storage Tank Program under the authority of 42 U . S . C . 6991, et. Leg. The applicable federal rules are found at Part 280 of Title 40 of the Code of Federal Regulations (CFR). On November 13, 1990, this office received confirmation of a release from an underground storage tank system at the subject location. This confirmation was in the form of an Initial Abatement and Site Check Report which was received by this office in response to hydrocarbons being discovered in soils during tank closure activities. 3800 Barrett Drive, Suite 101 • Raleigh, N.C. 27609 Telephone (919) 733-2314 • FAX Number (919) 733-7072 An Equal Opportunity Affirmative Action Employer A Mr. John Lancaster February 16, 1990 - page two - Under 40 CFR 280.12, you are the owner of the subject underground storage tank because you owned the underground storage tank and used it for storage, use or dispensing of regulated substances. As owner of the underground storage tank which discharged or released petroleum, you are required under G.S. 143-215.94E(a) to immediately undertake to collect and remove the discharge or release and to restore the area affected. Owners and operators of petroleum or hazardous substance underground storage tank systems, in response to a confirmed release, must comply with the attached federal regulations. The following will give you some explanation of the requirements. 1. 40 CFR 280.61, Initial Response You have already complied with paragraphs (a), (b) and (c). 2. 40 CFR 280.62 Initial Abatement Measures and Site Check The Initial Abatement and Site Check Report submitted to this office was found to be deficient. A revised report must be submitted to this office by March 9, 1990 and will include the following. A. A site map indicating the location of property lines, existing and removed UST pits, groundwater monitoring and production wells. B . Copies of laboratory analytical results as received from the laboratory. C . Excavation depths of tank pits. D. Approximate depth to water table below closed UST pits). E. Investigate to determine the possible presence of free product and begin free product removal as soon as practicable and in accordance with 40 CFR 280.64. F. It must be --noted that composite samples will no longer be accepted by this office. Individual samples must be procured at the locations where contamination is most likely to be present. 3. 40 CFR 280.63 Initial Site Characterization The Division is requiring you to submit a report including all the information described in 40 CFR 280.63(a). The report is due on March 9, 1990. 9 Mr. John Lancaster February 6, 1990 - page three - 4. 40 CFR 280.64, Free Product Removal If you detect the presence of free product, you must comply with this regulation. The Division will determine how much free product must be removed. If free product is present, the Division will require you to submit a report in accordance with 40 CFR 280 64(d) . 5. 40 CFR 280.65, Investigations for Soil and Groundwater Cleanup The Division is requiring you to sample the two existing groundwater monitoring wells which are located nearest the closed tank pit in order to confirm or deny the presence of hydrocarbons in groundwaters . The results of these samples analyses must be submitted to this office by February 16, 1990. You should also be advised that at any point after reviewing the information submitted in compliance with 40 CFR 280.61 through 40 CFR 280.63, the Division may require you to submit additional information or to develop a corrective action plan for responding to contaminated soils and groundwater, under the authority of 40 CFR 280.66. You will be notified of this decision in a separate letter. If a corrective action plan is necessary, you will be required to clean up to the standards established in 15 NCAC 2L, Groundwater Classifications and Standards. Failure to comply with G.S. 143-215.94E(a) may result in the recommendation of enforcement action. If you violate the federal regulations, the Division may report the matter to the Environmental Protection Agency, who may hold you liable for a civil penalty of not more than $10, 000 for each day of continued noncompliance. You may be reimbursed for cleanup costs over $50, 000 and up to $1, 000, 000 from the Commercial Fund under the provisions of G.S. 143-215.94E. The costs must be reasonable and necessary, and appropriate documentation must be submitted. When you have paid an amount in excess of $50, 000, send the receipts and documentation to Mr. Jay Zimmerman, Hydrogeological Regional Supervisor, at the following address: Department of Environment, Health, and Natural Resources, Division of Environmental Management, 3800 Barrett Drive, Raleigh, N . C . 27609. The Division must approve the costs before reimbursement will be made. The statutes require you to continue to proceed with cleanup beyond the time that your receipts exceed $50,000. You should be advised that if you fail to proceed to undertake to collect and remove the discharge or release and State or Federal Money is used for such purposes the State will seek cost recovery against you for the total amount expended, unless you prove that you did not have the resources to pay for the corrective action. Mr. John Lancaster February 16, 1990 - page three - If the cleanup costs exceed a total of $1, 000, 000, the site may be eligible, under limited conditions, for funds from the Federal Leaking Underground Storage Tank Trust Fund, 42 U.S.C. 6991 et. seq. However, if the site is not eligible for federal funds, you will be responsible for the amount in excess of $1, 000, 000 pursuant to G.S. 143-215.94E(d). Please make a written response to this letter by February 23, 1990, and indicate your intent to comply with the above requirements or your reasons why you cannot or will not comply with the requirements. Your response and questions should be directed to Mr. Jay Zimmerman of the Raleigh Regional Office at (919) 733-2314. Sincerely, Arthur Mouberry, P.E. Regional Supervisor Raleigh Regional Office AM: TRW: cs cc: Incident Management Unit In the �ICT.Il1N A TO" .&Dec¢ on the reverse h..ne.� . . _ .. �. u snow to whom delve , dste, and addre®;®e a Redd es®. .. ) ❑ Mr. John. Lanc s ex 4 Executive P r, East NE Atlanta, Ga. 1i,, 29 AM:TRW Not St F d Req. Texaco Ret441 F c. 2-6-90 Or 5, X B. X s wa, enq i6am , to do this will Prevent this Delivery LI Rjteld ❑ Insured C7 cot) i rn =h k ways signature of addressee or egent';and DATE DELIVEREI]. PS Rohn 3811, Mar. 1988 ♦ lLi.�.P.A. 1888-212-885 TT,f > FEB f