WI-96051_96955_M_DENR_20230222_Spill NORR

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone]

February 22, 2023

CERTIFIED MAIL RETURN RECEIPT REQUESTED
Attn: Mr. Howell Clark, Jr. Registered Agent
Waccamaw Transport, Inc. 510 Commerce Street Clinton, NC 28328 Re: Notice of Required Actions G.S. 143-215.75 et seq. Oil Pollution and Hazardous Substance Control Act of 1978 Unlawful Petroleum Release Waccamaw Truck Spill Hwy 87 and Old Stage Road
Columbus County Incident Number: 96955 Ranking: Pending
Dear Mr. Clark:
Information received by this office of the UST Section, Division of Waste Management, from the National Response Center on February 22, 2023, confirms a release or discharge of petroleum at the above-
referenced location resulting from a spill of approximately four thousand gallons from a motor collision. 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,

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone]

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. 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 Wilmington 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 Wilmington 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, Clark Wipfield, L.G. Hydrogeologist
Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone]

cc: Ms. Kristie Priest, Environmental Health Supervisor, Columbus County Health Department, [e-mail] (e-copy)
William Regenthal, GRI, Inc., [e-mail] (e-copy)
Mr. Michael Mason, Waccamaw Transport Inc., PO Box 469, Clinton, NC 28329