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HomeMy WebLinkAboutAS-3816_28937_E_NOV_20230124 North Carolina Department of Environmental Quality | Division of Waste Management Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | (828) 296- 4500 January 24, 2023 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Anita Patel I-S-I Enterprise, LLC 149 Keystone Drive Asheville, NC 28806 Re: Notice of Violation of 15A NCAC 2L .0400 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Quick Trip #2 545 Tunnel Road, Asheville Buncombe County Incident Number: 28937 Risk Classification: Intermediate Ranking: 145D Dear Ms. Patel: Information received by this office of the UST Section, Division of Waste Management, on April 28, 2022 confirms a release or discharge from a petroleum underground storage tank (UST) system at the above-referenced location. Records indicate that you are the owner or operator of this UST system. This letter explains the violation(s) and associated corrective action(s) you must take as a result of the release or discharge in accordance with North Carolina statutes and rules. The UST Section, Division of Waste Management, administers the state's rules for USTs and the required response for petroleum releases. Those rules are located in Title 15A, Subchapter 2L and Title 15A, Subchapter 2N of the North Carolina Administrative Code (NCAC). VIOLATION 1: Failure to conduct a monitoring event and submit a Monitoring Report to the UST Section in accordance with Title 15A NCAC 2L .0407(d), 2L .0110, and 2L .0111. REQUIRED CORRECTIVE ACTION: Based on the determination that the risk posed by the discharge or release at the subject site is intermediate, you must comply with assessment requirements pursuant to Title 15A NCAC 2L .0407(d), 2L .0110 and 2L .0111. Please submit a Monitoring Report in accordance with Title 15A NCAC 2L .0407(d), 2L .0110, and 2L .0111, and the most recent version of the UST Section Assessment Guidelines and Corrective Action Guidelines. The Monitoring Report must be received by this office within 45 days of the date of receipt of this notice. Page 2 of 2 Incident Number 28937 January 24, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | (828) 296-4500 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 Asheville 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. Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L .0400 is not reimbursable from the Commercial or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Ms. Maura Clark at the address or telephone number listed below. If you have any questions regarding trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-8171. Sincerely, Caroline LaFond, Regional Supervisor Asheville Regional Office, UST Section Division of Waste Management, NCDEQ cc: Buncombe County Health Department Philip Thompson, P.G., philipthompsongallgael@gmail.com