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HomeMy WebLinkAboutMO-29889_48982_G_NORR_20230508_Notice of Regulatory RequirementsROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director TPM Properties Limited Partnership Attn: Thomas Moore 3816 Mooreland Farm Road Charlotte, NC 28226 (via email) Re: Notice of Regulatory Requirements 15A NCAC 2L .0404 and .0405 NORTH CAROLINA Environmental Quality May 8, 2023 Risk -based Assessment and Corrective Action for Noncommercial Petroleum Underground Storage Tanks TPM Properties Limited Partnership Property 3201 Tuckaseegee Road, Charlotte Mecklenburg County Incident Number: 48982 Preliminary Risk Classification: High Dear Mr. Moore: On May 1, 2023, this regional office of the Underground Storage Tank Section, Division of Waste Management was notified that heating oil was released from 3201 Tuckaseegee Road, Charlotte. Mecklenburg County Stormwater Services located a heating oil underground storage tank (or UST) at this property on May 5, 2023 that is the suspected source of the release. Based on the information provided, this tank maybe classified as a `noncommercial' UST. The Department of Environmental Quality uses information about the tank and local area provided by the tank owner, operator, or landowner, to determine if the leak poses an unacceptable risk to human health or the environment. The classification for this noncommercial UST has been conditionally determined to be `high risk' due to product runoff onto neighboring properties. Any tank owner or operator of a leaking noncommercial tank must to take steps to fix any emergency condition within the first 24 hours after discovery. This could include any of the following: • Stop the leak (by draining the tank, or fixing the leaking part, etc.); • Mitigate fire, explosive, or vapor hazards (talk to the local fire marshal); • Clean up leaked fuel and soil that are visible on the ground, seeping from a storm drain, retaining wall, basement wall or floor, or discharging to any stream, pond, or other surface water; • Stop using a contaminated drinking or irrigation well (on your property or any nearby properties), and if needed, immediately provide safe drinking water (bottled water). D E Q North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC NORTH CAROLINA 28115 (704)663-1699 Depar6nent of Environmental Dual Page 2 of 3 Incident Number 48982 May 8, 2023 Once the emergency has been addressed or if there are no immediate emergency problems, the Department of Environmental Quality uses information about the tank and local area provided by the tank owner or operator, or landowner, to determine if the leak poses an unacceptable risk to human health or the environment. Please to help the Department make a risk determination by providing as much information as possible about the leaking tank and the surrounding area: • Age, size of the tank, and how often it was refilled, etc.; • On -site or nearby water supply wells; • Property use (such as residential, commercial, industrial or a combination of uses); • Nearby sensitive populations (such as schools, daycares, medical or assisted living facilities, etc.); and, • Nearby streams, ponds, or other surface water bodies; etc. As the owner or operator of this UST system, you will need to do additional work to either address the contamination caused by the leak, remove any risk factors (such as nearby water supply wells), or provide a better understanding of the site -specific conditions that might allow for a reduction of the risk classification to low. In the North Carolina Administrative Code (NCAC), under Title 15A NCAC 2L .0404, there are rules that describe the initial steps that should be taken to clean up the contamination from a leaking UST within the first 90 days after a leak is found. Title 15A NCAC 2L .0405 includes the rules that cover how someone would get a better understanding of the site risk within the first 120 days after a leak is found. As the tank owner or operator, you will need to follow the steps defined in one or both of the rules described above, or otherwise provide this regional office with documentation that shows any and all risk factors have been addressed. For this site, that could include excavation of contaminated soils on impacted properties, constituent specific sampling, and removal of product from the underground tank. The cleanup of contamination must be documented in a report prepared and sealed by a North Carolina Licensed Geologist or a Professional Engineer, per Title 15A NCAC 02L .0103(e) and .0111(e). Other documents or information may be provided directly to DEQ, such as details about the leaking tank, statements describing the area, proof that a well has been replaced with public water and copies of well abandonment records filed by a North Carolina Certified Well Contractor, and a copy of any fire marshal's report on fire, explosive, or vapor hazards, etc. Note that before you sell or transfer your property, or if you request a "No Further Action" determination for a `low risk' site where the property has not been cleaned up to "unrestricted use", you must file a Notice of Residual Petroleum with the Register of Deeds in the county where the property is located (per North Carolina General Statute 143B-279.9 and 143B-279.11). Our primary goal is to help you find a reasonable and cost-effective way to clean up any contamination from your leaking UST to protect human health and the environment. However, it should be noted that any tank owner or operator who fails to comply with the rules related to a leaking petroleum UST could have civil penalties assessed and other legal mechanisms enforced against them. Brochures and a flowchart providing more information about this process can be found on our Frequently Asked Questions web portal at http://deq.nc.gov/about/divisions/waste-management/ust/faq. If you have D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC NoarH cnaounln 28115 (704) 663-1699 Department of Environmental Q,ali\ Page 3 of 3 Incident Number 48982 May 8, 2023 additional questions that have not been answered on the website or in this letter, please contact me by email at Trudy.Beverly&ncdenr.gov or telephone at (704) 235-2182. Sincerely,. 6- Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Enclosures: Title 15A NCAC 02L .0404 and 15A NCAC 02L .0405 cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Ryan Spidel, Taylor Mebane, & David Caldwell, Charlotte Mecklenburg Storm Water Services (via email) Mackenzie Shepard, 1304 Enderly Road, Charlotte, NC 28208 (via email) North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC a o onaouNn � Oepartment of Environmental Quality 28115 1 (704) 663-1699 TITLE 15A NCAC 02L .0404 AND 15A NCAC 02L .0405 15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY A responsible party shall: (1) take immediate action to prevent any further discharge or release of petroleum from the underground storage tank; identify and mitigate any fire, explosion or vapor hazard; remove any free product; and comply with the requirements of Rules .0601 through .0604 and .0701 through .0703 and .0705 of Subchapter 02N; (2) incorporate the requirements of 15A NCAC 02N .0704 into the submittal required under Item (3) of this Paragraph or the limited site assessment report required under 15A NCAC 02L .0405 of this Section, whichever is applicable. Such submittals shall constitute compliance with the reporting requirements of 15A NCAC 02N .0704(b); (3) submit within 90 days of the discovery of the discharge or release a soil contamination report containing information sufficient to show that remaining unsaturated soil in the side walls and at the base of the excavation does not contain contaminant levels which exceed either the "soil -to -groundwater" or the residential maximum soil contaminant concentrations established by the Department pursuant to 15A NCAC 02L .0411 of this Section, whichever is lower. If such showing is made, the discharge or release shall be classified as low risk by the Department; History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E, 143-215.94T,• 143-215.94V,- 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1; Recodified from 15A NCAC 02L. 01 15(c)(1)-(3); Amended Eff. December], 2005. 15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT If the required showing cannot be made under 15A NCAC 02L .0404 of this Section, submit within 120 days of the discovery of the discharge or release, or within such other greater time limit approved by the Department, a report containing information needed by the Department to classify the level of risk to human health and the environment posed by a discharge or release under 15A NCAC 02L .0406 of this Section. Such report shall include, at a minimum: (1) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the source area of a confirmed release or discharge and depicting all water supply wells and, surface waters and designated wellhead protection areas as defined in 42 U.S.C. 300h-7(e) within the 1500-foot radius. For purposes of this Section, source area means point of release or discharge from the underground storage tank system; (2) a determination of whether the source area of the discharge or release is within a designated wellhead protection area as defined in 42 U.S.C. 300h-7(e); (3) if the discharge or release is in the Coastal Plain physiographic region as designated on a map entitled "Geology of North Carolina" published by the Department in 1985, a determination of whether the source area of the discharge or release is located in an area in which there is recharge to an unconfined or semi - confined deeper aquifer which is being used or may be used as a source of drinking water; (4) a determination of whether vapors from the discharge or release pose a threat of explosion due to the accumulation of vapors in a confined space or pose any other serious threat to public health, public safety or the environment; (5) scaled site map(s) showing the location of the following which are on or adjacent to the property where the source is located: site boundaries, roads, buildings, basements, floor and storm drains, subsurface utilities, septic tanks and leach fields, underground storage tank systems, monitoring wells, borings and the sampling points; (6) the results from a limited site assessment which shall include: (a) the analytical results from soil samples collected during the construction of a monitoring well installed in the source area of each confirmed discharge or release from a noncommercial or commercial underground storage tank and either the analytical results of a groundwater sample collected from the well or, if free product is present in the well, the amount of free product in the well. The soil samples shall be collected every five feet in the unsaturated zone unless a water table is encountered at or greater than a depth of 25 feet from land surface in which case soil samples shall be collected every 10 feet in the unsaturated zone. The soil samples shall be collected from suspected worst -case locations exhibiting visible contamination or elevated levels of volatile organic compounds in the borehole; (b) if any constituent in the groundwater sample from the source area monitoring well installed in accordance with Sub -item (a) of this Item, for a site meeting the high risk classification in 15A NCAC 02L .0406(1), exceeds the standards or interim standards established in 15A NCAC 02L .0202 by a factor of 10 and is a discharge or release from a commercial underground storage tank, the analytical results from a groundwater sample collected from each of three additional monitoring wells or, if free product is present in any of the wells, the amount of free product in such well. The three additional monitoring wells shall be installed as follows: as best as can be determined, one upgradient of the source of contamination and two downgradient of the source of contamination. The monitoring wells installed upgradient and downgradient of the source of contamination must be located such that groundwater flow direction can be determined; and (c) potentiometric data from all required wells; (7) the availability of public water supplies and the identification of properties served by the public water supplies within 1500 feet of the source area of a confirmed discharge or release; (8) the land use, including zoning if applicable, within 1500 feet of the source area of a confirmed discharge or release; (9) a discussion of site specific conditions or possible actions which could result in lowering the risk classification assigned to the release. Such discussion shall be based on information known or required to be obtained under this Paragraph; and (10) names and current addresses of all owners and operators of the underground storage tank systems for which a discharge or release is confirmed, the owner(s) of the land upon which such systems are located, and all potentially affected real property owners. When considering a request from a responsible party for additional time to submit the report, the Division shall consider the extent to which the request for additional time is due to factors outside of the control of the responsible party, the previous history of the person submitting the report in complying with deadlines established under the Commission's rules, the technical complications associated with assessing the extent of contamination at the site or identifying potential receptors, and the necessity for immediate action to eliminate an imminent threat to public health or the environment. History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E, 143-215.94T,• 143-215.94V,- 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1; Recodified from 15A NCAC 02L. 01 15(c) (4); Amended Eff. December 1, 2005.