HomeMy WebLinkAboutMO-8170_36760_E_NOV_20230427
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | (704) 663-1699
April 27, 2023
CERTIFIED MAIL 7014 2120 0002 7636 5000
RETURN RECEIPT REQUESTED
Frank Talley Jr
1323 LaSalle Street
Charlotte, NC 28216
Re: Notice of Violation of 15A NCAC 02L .0400
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Quick N E-Z #13
1323 LaSalle Street
Mecklenburg County
Incident Number: 36760
Risk Classification: Unknown
Mr. Talley:
Information received by this office on August 19, 2014 confirmed a release or discharge from a petroleum
underground storage tank (UST) system at the above-referenced location. As stated above, you have been
determined to be a responsible party for this release. This letter explains the violation(s) and associated
corrective action(s) you must take as a result of controlling the release or discharge in accordance with
North Carolina statutes and rules. The Division of Waste Management, UST Section administers the state's
rules for USTs and the required response for petroleum releases. Those rules are located in Title 15A,
Subchapter 02L and Title 15A, Subchapter 02N of the North Carolina Administrative Code (NCAC).
VIOLATION 1:
Failure to submit a Limited Site Assessment Report in accordance with Title 15A NCAC 02L .0405 to the
UST Section within 120 days of the Notice of Regulatory Requirements dated December 14, 2022.
Page 2 of 2
36760
April 27, 2023
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | (704) 663-1699
REQUIRED CORRECTIVE ACTION:
Please submit a Limited Site Assessment Report in accordance with Title 15A NCAC 02L .0405 and the
most recent version of the UST Section Assessment Guidelines containing information needed by the
Department to classify the level of risk to human health and the environment posed by the discharge or
release. The Limited Site Assessment Report must be received by this office within 30 days of receipt
of this notice. When/If you have retained a consulting firm to perform this investigation, have them
contact me immediately. Based on a review of the information submitted in the Limited Site Assessment,
the Department will classify the risk of the discharge or release as high, intermediate, or low. At that time,
the Department will also classify the land use of the site as either residential or industrial/commercial. You
will be notified of the risk and land use classifications once review of your Limited Site Assessment Report
is completed.
Please take the corrective action(s) for the above violation(s) as necessary to bring the site into compliance.
Corrective actions must be taken and reported to the Mooresville Regional Office, within 30 days from the
date of this notice, unless otherwise noted in the above corrective actions, to avoid recommendation of civil
penalties for continuing violations.
Penalties may be assessed for the violation(s) described within this Notice of Violation. Your prompt
attention to the items described herein is required. Failure to comply with the State's rules, in the manner
and time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State. Each day that a violation continues may be considered a
separate violation.
If you have any questions regarding this letter, please contact Daniel Bowser at the address or telephone
number listed below.
Sincerely,
Ron Taraban
Regional Supervisor
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc via email: Jerren Rogers, UST Section, Division of Waste Management, NCDEQ
Ron Taraban, UST Section, Division of Waste Management, NCDEQ
Shawna Caldwell, LUESA- Mecklenburg County Health Department