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HomeMy WebLinkAboutWI-96054_96983_G_NORR_20230322 North Carolina Department of Environmental Quality | Division of Waste Management Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215 March 22, 2023 Sent via email GFL Environmental John Pfleger 3301 Benson Dr Suite 601 Raleigh, NC 27609 Re: Notice of Regulatory Requirements 15A NCAC 02L .0504 and 02L .0505 Risk-based Assessment and Corrective Action for Petroleum Aboveground Storage Tanks and Other Petroleum Sources GFL Carolina Beach Rd 7181 Carolina Beach rd New Hanover County Incident Number: 96983 Risk Classification: Unknown Dear John Pfleger: Information received by this regional office of the Underground Storage Tank Section (UST Section), Division of Waste Management, on March 7, 2023, confirms a release or discharge of petroleum at the above-referenced location. Furthermore, this office has determined that you are the responsible party for the assessment and cleanup of the release or discharge. As the 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 .0504 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 02L .0505, within the timeframes specified in the attached rules. (Be aware that if Title 15A NCAC 02L .0505 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 Assessment Report (IAR), in accordance with Title 15A NCAC 02L .0504 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(b). 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 Contaminated Site Page 2 of 2 Incident Number 96983 March 22, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215 or Notice of Residual Petroleum with the Register of Deeds in the county where the property is located (North Carolina General Statutes 143B-279.9, and 143B-279.10 or 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 the actions that must be taken or the rules mentioned in this letter, please contact me at lauren.richardson@ncdenr.gov or (910) 796-7475. Sincerely, Lauren Richardson Hydrogeologist Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ Enclosures: Title 15A NCAC 02L .0504 and 02L .0505 Cc: Joshua Taber, ERTS (jtaber@ertsonline.com); Travis Martinez, consultant (travis.martinez@wsp.com)