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State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 W. Hanes Mill Road, Suite 300 | Winston-Salem, NC 17105
336 776-9800 T
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director March 30, 2020
Perdue Farms
242 Perdue Rd.
Cofield, NC 27922
Attn: Tim Mizzell
Re: Notice of Required Actions
G.S. 143-215.75 et seq. Oil Pollution and
Hazardous Substance Control Act of 1978
Unlawful Petroleum Release
Perdue Truck Accident
March 21, 2020
3539 Governors Rd (Hwy 308 and Griffiths QT Rd)
Lewiston, NC - Bertie County
Incident Number: 95739
Ranking: TBD
Dear Mr. Mizzell:
Information received by this office of the UST Section, Division of Waste Management, in an email on
March 24, 2020 from Bertie County EMC, confirms a release or discharge of petroleum which occurred on
March 21, 2020 at the above-referenced location. as a result of a release of petroleum during a truck
accident. This office has determined that you are responsible for the release.
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.
State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 W. Hanes Mill Road, Suite 300 | Winston-Salem, NC 17105
336 776-9800 T
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 Washington 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 Washington 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,
C.J.Welti
Conrad J. Welti
Hydrogeologist
Washington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Bertie County Health Department
Eastern Environmental Management 518 South Pearl St. Rocky Mount, NC 27804
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | (252) 946-6481
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