WA-89302_95746_G_NORR_20200406

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 April 6, 2020
CERTIFIED MAIL RETURN RECEIPT
REQUESTED 7019 0160 0000 3479 9275
Mr. William T. Jernigan, Jr. Registered Agent WT Jernigan and Son Trucking
1339 US Hwy 13 South Ahoskie, NC 27910 Re: Notice of Required Actions G.S. 143-215.75 et seq. Oil Pollution and Hazardous Substance Control Act of 1978 Unlawful Petroleum Release Truck Accident Intersection NC 11 \NC 461 Ahoskie - Hertford County
Incident Number: 93410 Ranking: TBD
Dear Mr. Jernigan: Information received by this office of the UST Section, Division of Waste Management and a subsequent
site inspection on April 3, 2020, confirms a release or discharge of petroleum at the above-referenced location. As a result of this release of petroleum. 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
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889
252 946-6481 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: Hertford County EMS Hertford County Health Department Eastern Environmental Management –518 South Pearl St. Rocky Mount, NC 27804 Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]
OPHSCA NOR 0117.dotx