MO-9396_40842_G_C_20180920_Emails with Property Renter

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, October 3, 2018 6:37 AM
To: 'Bill Luckhurst'
Subject: RE: [External] Old tank leek
Bill,
Keep an eye on that area during rain events. If you start seeing heating oil come up again, let me know.
Trudy
�K+�R n••--�nt� away
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environment Quality
Underground Storage Tanks Section
Corrective Action Branch
Mooresville Regional Office
[phone] (Office)
Trudy.Beverly Lncdenr. eov
From: Bill Luckhurst [mailto:[e-mail]]
Sent: Tuesday, October 2, 2018 2:20 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Old tank leek
Hello,
He did come out and remove some debris from under the deck but there still is a odor just not as strong as
before
Sent from my Whone
On Oct 2, 2018, at 2:10 PM, Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Hey Bill,
It is my understanding that Mr. Fagan was back out to the property last Tuesday to address the area
under the deck. Has that helped with the petroleum odor?
Trudy
From: Beverly, Trudy
Sent: Monday, October 1, 2018 10:05 AM
To: 'Bill Luckhurst' <[e-mail]>
Subject: RE: [External] Old tank leek
Good Morning Bill,
I sent Mr. Fagan an email this morning asking about the area under the deck. Hopefully, I will get a
response soon.
Trudy

From: Bill Luckhurst [mailto:[e-mail]]
Sent: Sunday, September 23, 2018 6:27 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Old tank leek
Hello Trudy,
So Jeff and his brother came out and cleaned up the leaves. I was told by local county officials
that it should be done professionally which was not the case. The smell is still there under our
deck. You told me they should dig up the contaminants and replace with new soil which they did
not. They just covered everything up with new soil. Is there someone I could contact to test the
soil?
Thanks
Bill luckhurst
Sent from my iPhone
On Sep 20, 2018, at 2:24 PM, Beverly, Trudy <trudy.beverly(ancdenr.gov> wrote:
Bill,
I spoke with Jeff Fagan about this release. He said that someone would be coming out
within the next few days to clean up leaves. I also asked that they shovel up any
surficial contaminated soils and replace them with clean soils. Let me know if a future
release occurs. Contact the fire marshal immediately if you smell petroleum vapors in
the home. I will be on leave next week (September 24-28).
Have a great day,
Trudy
From: Beverly, Trudy
Sent: Thursday, September 20, 2018 10:24 AM
To: 'Bill Luckhurst' <[e-mail]>
Subject: RE: [External] Old tank leek
I will not disclose where the complaint came from. It will most likely be very easy for
them to figure it out.
Trudy
From: Bill Luckhurst [mailto:[e-mail]]
Sent: Thursday, September 20, 2018 10:21 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Old tank leek
Can you keep us anonymous. We still have 8 months left on the lease and do not
want to start trouble before we can move
Sent from my iPhone
N

On Sep 20, 2018, at 10:18 AM, Beverly, Trudy <trudy.beverlykncdenr.gov>
wrote:
Aside from complaining to the landlord or the property owner, there is
little that you can do. I with contact the land owner and request the
property owner's contact information.
Trudy
From: Bill Luckhurst [mailto:[e-mail]]
Sent: Thursday, September 20, 2018 10:06 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Old tank leek
Ok thank you! The environmental guy did say that it was not
flammable due to it being so diluted. What is the next step I should
do?
Sent from my iPhone
On Sep 20, 2018, at 10:03 AM, Beverly, Trudy
<trudy.beverly&ncdenr.gov> wrote:
Do not ingest the fuel or touch it without appropriate
gloves. Do not set the fuel that has been released on
fire. If you smell fuel in the house, call the fire marshal
immediately. As long as you do not smell fuel in the
house, burn the released fuel, touch it, or ingest it there
should no issues.
Trudy
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<image004.png>
From: Bill Luckhurst [mailto:[e-mail]]
Sent: Thursday, September 20, 2018 9:49 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Old tank leek
My wife is newly pregnant and I just want to make
sure it's safe for us to be in the house
Sent from my iPhone
9

On Sep 20, 2018, at 9:43 AM, Beverly, Trudy
<trudy.beverly(ancdenr.gov> wrote:
Is the smell outside or can you smell the
fuel inside?
Trudy
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<image008.png>
From: Bill Luckhurst
[mailto:[e-mail]]
Sent: Thursday, September 20, 2018
9:39 AM
To: Beverly, Trudy
<[e-mail]>
Subject: Re: [External] Old tank leek
Thank you Trudy and if possible not
to mention I was the one that
contacted you would be great. Our
address is
1012 Dudley drive
Charlotte, NC 28205
The smell is still very pungent if you
send someone out they can smell it
right away
Landlord is
Jeff Fagan
704-236-4880
Another question I had. Is it safe to
stay in the house? He did have
someone come out from some
environmental company that said it
was safe it just would smell for
awhile but I just wanted to be sure
Sent from my Whone
On Sep 20, 2018, at 9:32 AM,
4

Beverly, Trudy
<trudy.beverlykncdenr. og_v> wrote:
Good Morning Bill,
Thank you for sending
the video of the leaking
heating oil tank on the
property that you are
renting. Please provide
the address for the
property and any
landlord or property
owner contact
information that you
may have. I will be
happy to contact the
property owner.
Below you will find
some general
information about
home heating oil
underground storage
tanks:
Home heating oil
underground storage
tanks are not and
haven't been
regulated in the state
of North
Carolina. The UST
section only has
records of those that
have been reported to
our agency. These
reports a generally
result from
notifications of
contamination or tank
removals at properties
where parties are
seeing "no further
action" status. Home
heating oil tanks are
non -regulated, non-
commercial
underground storage
tanks (USTs) that are
exempt from the
"technical
regulations" (e.g.,
0

leak detection
monitoring, corrosion
protection, spill and
overfill control) that
apply to regulated
USTs. Even though
home heating oil
tanks are exempt from
these technical
regulations, sampling
and cleanup
regulations may apply
if there is a leak or
spill from your
tank. If there is no
evidence of a release,
then there is no need
to report to the UST
Section. The links
below provide
additional
information.
If a leak is discovered
under the current
ownership of the
property, the current
property owner is
considered the
responsible party for
clean-up. Many
companies do
environmental work
related to
underground storage
tanks. Typically, they
can be found in the
yellow pages of a
telephone book under
"Environmental
Consultants." The
DWM UST Section
provides a list where
companies that do
environmental work
can provide their
information. This list
is called the "UST
Service Provider
Listing" it is located
at
6

http://deq.nc.gov/abo
t/divisions/waste-
management/ust/servi
ce-provider-
ligjgg. When
choosing a company,
we recommend
getting several
estimates and
references. Site
assessments and
cleanup work must be
conducted under the
responsible charge of
a licensed geologist or
professional engineer.
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 (NCGS
14313-279.9 and
14313-279.11).
Underground — Heating
Oil Tanks
Non -Regulated
Underground Storage
Tanks — Frequently
Asked Questions
https://files.nc.gov/ncd
eq/Waste%20Manage
ment/DWM/UST/Broch
►I

ures-FAQs/Brochure-
NonReg%20UST.pdf
Home Heating Oil
Underground Storage
Tanks — General
Guidance
https://files.nc.gov/ncd
eq/Waste%20Manage
ment/DWM/UST/Broch
u res-FAQs/FAQ-
Home%20Heating%20U
ST.pdf
Non -Regulated
Noncommercial
Petroleum UST Systems
(Underground Heating
Oil Tanks) Flowchart
https://files.nc.gov/ncd
eg/Waste%20Manage
ment/DWM/UST/Broch
ures-
FAQs/HHO%20Tank%20
Flowchart%2 0070717. p
df
Guidelines for Site
Checks, Tank Closure
and Initial Response
(text and figures)
"Portions that are
Non -Regulated and
Non -Regulated and
Non -Commercial
https://deg.nc.gov/abo
ut/divisions/waste-
management/ust/guida
nce-documents
Trudy
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ge007.jpg>
<image008.png>
Branch's Underground
Storage Tanks Website
Address: https://deg.n
c.gov/about/divisions/
waste-management/ust
Branch's Above Ground
Storage Tanks Website

Address: https://deg.n
c.gov/about/divisions/
waste-
management/ust/ast-
program
INTERACTIVE MAPS
WITH DWM SITES AND
PERMITTED FACILITIES:
https://deg.nc.gov/abo
ut/divisions/waste-
management/waste-
management-rules-
data/waste-
management-gis-maps
File Review
Procedures:
https://deg.nc.gov/abo
ut/divisions/waste-
management/ust/file-
review-
procedures#mooresvill
e-regional-office
ONLINE ACCESS TO UST
SECTION DOCUMENTS
(Laserfiche):
https://edocs.deg.nc.go
v/WasteManagement/S
earch.aspx
Document Submittal &
UST File Names for
Laserfiche Policies:
https://files.nc.gov/ncd
eg/Waste%20Manage
ment/DWM/UST/Corre
ctive%20Action/Electro
nic%20Document%20S
ubmittal%20Memo%20
Update.pdf
https://files.nc.gov/ncde
q/Waste%20Manageme
nt/DWM/UST/Correcti
ve%20Action/UST%20
file%20names%20for%
20Laserfiche.docx
From: Bill Luckhurst
[mailto:luckhurstb@gm
ail.com]
Sent: Thursday,

September 20, 2018
9:25 AM
To: Beverly, Trudy
<trudy.beverly@ncdenr
.gov>
Subject: [External] Old
tank leek
CAUTION: External
email. Do not click
links or open
attachments unless
verified. Send all
suspicious email as an
attachment to Report
Spam. <mailto:report. sp
amgnc. gov>
Good morning,
I was giving your email
because I had a question
about a old heating tank
that is buried in my
back yard. With the
recent storms and water
it has forced diesel fuel
into the back yard. I
rent the property and do
not trusty believe it is
being handled the
proper way. The
landlord just wants to
rake up the leaves. I am
attaching a video that
shows the spill into the
back yard. If you could
please let me know the
best way to handle this
situation I wold
appreciate it.
Thank you,
Bill luckhurst
Sent from my iPhone
10