Loading...
HomeMy WebLinkAboutFA-29629_48755_G_NORR_20221228 North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 December 29, 2022 CERTIFIED MAIL 7021 2720 0002 3808 2932 RETURN RECEIPT REQUESTED Union Oil Company of California T. Ryder Booth, President 6001 Bollinger Canyon Road San Ramon, CA 94583 Re: Notice of Regulatory Requirements 15A NCAC 02L .0404 and 02L .0405 Risk-based Assessment and Corrective Action for Commercial Petroleum Underground Storage Tanks Elmhurst Pure Service 3400 N. Elm Street Lumberton, Robeson County Incident Number: 48755 Risk Classification: not determined Dear T. Ryder Booth: Information received by this regional office of the Underground Storage Tank Section, Division of Waste Management, on November 15, 2022, confirms a release or discharge from a petroleum underground storage tank (UST) system at the above-referenced location. Records indicate that you were the owner or operator of this UST system. Therefore, as a responsible party, you must comply with the initial response and abatement action requirements of the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 02L .0404 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 02L .0405, within the timeframes specified in the attached rules. (Be aware that if Title 15A NCAC 02L .0405 is applicable, you must comply with its requirements even if you do not receive formal notification from the UST Section.) Initial abatement action requirements include the preparation and submittal of an Initial Abatement Action (IAA) Report, in accordance with Title 15A NCAC 02L .0404 and the most recent version of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement, within 90 days of discovery of the release. Because a release or discharge has been confirmed, a Licensed Geologist or a Professional Engineer, certified by the State of North Carolina, is required to prepare and certify all reports submitted to the Department of Environmental Quality in accordance with Title 15A NCAC 02L .0103(e) and 02L .0111(e). Page 2 of 2 Incident Number 48755 December 29, 2022 North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 Please note that before you sell, transfer, or request a “No Further Action” determination for a property that has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum ("Notice") with the Register of Deeds in the county where the property is located (North Carolina General Statutes 143B-279.9 and 143B-279.11). Failure to comply with the State's rules in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms. If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch at (919) 707-8171. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact me at mike.haseltine@ncdenr.gov, (910) 709-7775, or the Fayetteville Regional Office address below. Sincerely, Michael H. Haseltine, L.G. Regional Supervisor Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Dan Osbourne, BLE (electronic copy only) Charles Graham, DOR Foods, Inc (electronic copy only)