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HomeMy WebLinkAboutWA-27683_38811_G_NORR_20200604_2N0601 SCH REQ ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director State of North Carolina | Environmental Quality | Waste Management Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | (252) 946-6481 June 4, 2020 Scott Driscoll E.J. Pope & Son, Inc. PO Drawer 649 Mount Olive, NC 28365 Re: Notice of Regulatory Requirements 15A NCAC 2N .0601 and .0603 Investigation and Confirmation of a Suspected Release from an Underground Storage Tank Peele Property / Handy Mart 15 UST Facility ID: 00-0-0000005485 2495 US Highway 13 North, Goldsboro, NC Wayne County Incident Number: 38811 Risk Classification: Unknown Mr. Driscoll: The Underground Storage Tank (UST) Section, Division of Waste Management, Department of Environmental Quality (Department) is in receipt of a Geoenvironmental Phase II Investigation report dated January 28, 2020, which documents assessment efforts by Department of Transportation (DOT) contractors in the right-of-way of US Highway 13 North at the aforementioned address. This assessment indicated the potential for a suspected release onsite based upon laboratory analysis of soil samples collected onsite. Records indicate that you are the owner or operator of the UST system at this address. Therefore, you must immediately investigate the suspected release pursuant to Title 15A NCAC 2N .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 2N .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 2N .0505), and 3. conduct a site check in accordance with 40 CFR 280.52(b) (as incorporated by Title 15A NCAC 2N .0603) as described in the most recent version of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement Action for UST Releases, as available at https://deq.nc.gov/about/divisions/waste-management/ust/guidance-documents. 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 2L .0103(e) and 2L .0111(b). 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 the aforementioned site investigation efforts described above are routine leak detection procedures required by rule and are not 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), (except for portions that are applicable for incorporation into a separate, eligible phase of work, such as an Initial Abatement Action or Limited Site Assessment, etc.). If you have any questions regarding Trust Fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-8171. Sincerely, Jared M. Edwards Hydrogeologist - Washington Regional Office UST Section, Division of Waste Management, NCDEQ cc: UST Owner – E.J. Pope & Son, Inc., Scott Driscoll (electronic copy) Attachment: NCDOT Geoenvironmental Phase II Investigation (on electronic copy)