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HomeMy WebLinkAboutWS-96285_96965_G_NORR_20230228_OPHSCAIAAR February 28, 2023 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 3519 Attn: Sonia Tinoco Perez Villas Developers, LLC 4303 Voss Avenue Greensboro, NC 27405 Re: Notice of Required Actions G.S. 143-215.75 et seq. Oil Pollution and Hazardous Substance Control Act of 1978 Unlawful Petroleum Release Villas Developers Property 1812 Sharpe Road Greensboro, Guilford County Incident Number: Pending Ranking: High Dear Ms. Perez: Information received by this office of the UST Section, Division of Waste Management, in a complaint on February 27, 2023, confirms a release or discharge of petroleum at the above-referenced location as a result of a spill/illegal dumping. This office has determined that you are the property owner and are responsible for the release. This letter explains North Carolina General Statute 143-215.75 et seq., Oil Pollution and Hazardous Substances Control Act as it relates to the release, as follows: 1) G.S. 143-215.83 (a) Unlawful Discharges: It shall be unlawful for any person to discharge oil or other hazardous substances into or upon any waters or land within the state; 2) G.S. 143-215.84 (a) Removal of Prohibited Discharges: Any person having control over oil or other hazardous substances discharged in violation of this article shall immediately undertake to collect and remove the discharge and to restore the area affected by the discharge as nearly as may be to the condition existing prior to the discharge; 3) G.S. 143-215.85, Required Notice: Any person having control over oil or other hazardous substances discharged, shall immediately notify the Department of Environmental Quality of the nature, location, and time of the discharge and of the measures taken or are proposed to be taken to contain and remove the discharge. Page 2 of 2 The following actions are required in order to comply with the statute: 1) You must cease discharging all "oil" or other hazardous substances into or upon the waters or land of the state; 2) Immediately upon discovery of the discharge, you must submit a Notification of Discharge Report, prepared in accordance with the most recent version of the UST Section Assessment Guidelines (current version), to the Winston-Salem Regional Office of the UST Section; 3) You must contain and remove free product; 4) You must remove and properly dispose of all contaminated soil exceeding the TPH action level or the soil-to-groundwater maximum contaminant concentrations(MSCCs); and 5) You must perform soil assessment to confirm removal of contaminated soil using the procedures and analytical methods specified in the appropriate sections of the UST Section Assessment Guideline (current version). 6) Within 30 days of the receipt of this notice, you must complete these corrective actions and submit an Initial Assessment Report, prepared in accordance with the Guidelines for Initial Response and Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (current version), which indicates the nature and the extent of the release and describes initial response and abatement actions, including removal of free product and removal of contaminated soil and subsequent soil sampling to confirm cleanup to the Winston-Salem Regional Office of the UST Section. Failure to comply in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms. 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 in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(b). If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Ashley Dinkins at the Guilford County Department of Health and Human Services, 400 W. Market Street, Suite 300, Greensboro, NC 27401 or (336) 641-5557. Sincerely, James Brown Regional Supervisor Winston-Salem Regional Office UST Section, Division of Waste Management, NCDEQ cc: Guilford County Department of Health and Human Services