MO-88912_97000_G_C_20230413_OPHSCA Notice of Required Actions

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]
April 13, 2023
CERTIFIED MAIL RETURN
RECEIPT REQUESTED
Patricia Anne Page
1950 Kluttz Road
Salisbury, NC 28146-8916
Re: Notice of Required Actions
G.S. 143-215.75 et seq. Oil Pollution and
Hazardous Substance Control Act of
1978 Unlawful Petroleum Release
Page Residence (Patricia)
1950 Kluttz Road
Rowan County
Incident Number: 97000
Ranking:U
Dear Ms. Page:
Information received by this office of the UST Section, Division of Waste Management, in an
email complaint received on April 10, 2023, confirms a release or discharge of petroleum at the above-
referenced location.
This letter explains North Carolina General Statute 143-215.75 et seq., Oil Pollution and Hazardous
Substances Control Act as it relates to the release, as follows:
1)G.S. 143-215.83 (a) Unlawful Discharges:
It shall be unlawful for any person to discharge oil or other hazardous substances into or upon any
waters or land within the state;
2)G.S. 143-215.84 (a) Removal of Prohibited Discharges:
Any person having control over oil or other hazardous substances discharged in violation of this
article shall immediately undertake to collect and remove the discharge and to restore the area
affected by the discharge as nearly as may be to the condition existing prior to the discharge;
3)G.S. 143-215.85, Required Notice:
Any person having control over oil or other hazardous substances discharged, shall immediately notify the
Department of Environmental Quality of the nature, location, and time of the discharge and of the measures
taken or are proposed to be taken to contain and remove the discharge.
70142120000276364997
Page 2 of 2
Incident Number 97000
April 12, 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 following actions are required in order to comply with the statute:
1)You must cease discharging all "oil" or other hazardous substances into or upon the waters or land
of the state;
2)Immediately upon discovery of the discharge, you must submit a Notification of Discharge
Report, prepared in accordance with the most recent version of the Guidelines for Initial Response
and Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (current
version), to the Mooresville Regional Office of the UST Section;
3)You must contain and remove free product;
4)You must remove and properly dispose of all contaminated soil exceeding the TPH action level or
the soil-to-groundwater maximum contaminant concentrations (MSCCs); and
5)You must perform soil assessment to confirm removal of contaminated soil using the procedures
and analytical methods specified in the appropriate sections of the Guidelines for Initial Response
and Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (current
version).
6)Within 30 days of the receipt of this notice, you must complete these corrective actions and submit
an Initial Assessment Report, prepared in accordance with the Guidelines for Initial Response
and Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (current
version), which indicates the nature and the extent of the release and describes initial response and
abatement actions, including removal of free product and removal of contaminated soil and
subsequent soil sampling to confirm cleanup to the Mooresville Regional Office of the UST
Section. 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.
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 in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(b).
If you have any questions regarding the actions that must be taken or the statute mentioned in this letter,
please contact me at the address or telephone number listed below.
Sincerely,
Ryan Mills
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Adrian Pruitt, Rowan County Health Department (via email)