HomeMy WebLinkAboutWS-96299_96999_G_NORR_20230412April 12, 2023
Gilbarco, Inc
Attn: Mr. John Burke
7300 W. Friendly Avenue
Greensboro, NC 27410
Re: Notice of Required Actions
G.S. 143-215.75 et seq. Oil Pollution and
Hazardous Substance Control Act of
1978 Unlawful Petroleum Release
Gilbarco – Meter Calibration System
7300 W. Friendly Avenue
Greensboro, Guilford County
Incident Number: 96999
Risk Classification: Unknow
Dear Mr. Burke:
Information received by this office of the UST Section, Division of Waste Management, in a on March 30,
2023, confirms a release or discharge of petroleum at the above-referenced location, as a result of failed
drain line. This office has determined that you 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.
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;
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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 Gene Mao at the Guilford County Department of Health and Human Services, 400 W. Market
Street, Suite 300, Greensboro, NC 27401 or (336) 641-3589.
Sincerely,
James W. Brown
Regional Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management
NCDEQ
cc: Guilford County Department of Health and Human Services