MO-29861_0_CA_SCH_20230426_Site Check

North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]
April 26, 2023
Bhavani Statesville, LLC
Ashokkumar D. Mavani
124 Quail Springs Road
Statesville, NC 28677 (Via Email)
Re: Notice of Regulatory Requirements
15A NCAC 02N .0602 and .0603
Investigation and Confirmation of a Suspected
Release from an Underground Storage Tank
Yogi Foods
3001 Wilkesboro Highway
Iredell County
Facility ID#: 29113
UST #: MO-29861
Dear Mr. Mavani:
Information received by the Mooresville Regional Office of the UST Section, Division of Waste
Management, on January 27, 2023 indicates the potential for a suspected release due to the discovery of
offsite impacts, including the detection of (MTBE) methyl-tert butyl ether in the groundwater at a level of
159 ug/L. This concentration is above the 2L standard of 20 ug/L.
Records indicate that you are the owner or operator of a UST system suspected of being the source for this
release. Therefore, you must immediately investigate to confirm the suspected release pursuant to Title 15A
NCAC 02N .0603. To achieve compliance with this rule, you must:
1.conduct tank tightness tests for each UST in accordance with federal regulation 40 CFR
280.43(c) (as incorporated by Title 15A NCAC 02N .0504),
2.conduct line tightness tests for each piping system associated with a UST in accordance
with 40 CFR 280.44(b) (as incorporated by Title 15A NCAC 02N .0505), and
3.conduct a site check in accordance with 40 CFR 280.52(b) (as incorporated by Title 15A
NCAC 02N .0603) as described in the most recent version of the Guidelines for Site
Checks, Tank Closure, and Initial Response and Abatement Action, as available at
https://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-
section/ust-guidance-documents .
Page 2 of 2 MO-29861 April 20, 2023
North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]
The results of the tank tightness test(s) and line tightness test(s) must be received by this office within 7
days of receipt of this notice. The results of the site check must be received by this office within 30 days of
receipt of this notice. If a release or discharge is 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(e).
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.
Please note that, as the aforementioned site investigation efforts described above are being required by the
Department based upon a determination that this UST system represents a suspected source of an off-site
impact, and, in this case, are not routine leak detection procedures associated with an onsite detection of a
suspected release, some or all of the investigative costs may be eligible for reimbursement from the
Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund (Trust Fund) reimbursement
under North Carolina General Statute (G.S.) 143-205.94B(b)(8). If you have any questions regarding Trust
Fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at [phone].
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact me at [e-mail] or 704-235-2175.
Sincerely,
Ryan C Mills
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brady Freeman,, Iredell County Health Department (Via Email)
Nathan Simmons, P.G., Catawba Valley Engineering & Testing (Via Email)