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HomeMy WebLinkAboutWS-6694_30208_M_MISC_1982-2013_Chronology Comments: The history of the site relevant to the recommendation is summarized below. The site has been operated as a retail auto fuel facility under several ownerships and names since 1982. The UST facility and the property were owned by Handy Mart of Liberty, Inc. from before 1986 until 2007, and then by Shakunt, Inc. from 2007 until present. In 10/02, during ownership of Handy Mart of Liberty, Inc., a release was discovered during soil sampling conducted to determine UST integrity. A public water supply well serving the Town of Liberty is located 425' from the source of release; it is sampled quarterly in the monitoring program for incident 13356, Liberty BP On 4/9/1982, 3 USTs (2 x 8,000 gal. gasoline UST and 1 x 4,000 al. gasoline UST) were installed at the site. On 4/8/1986, Marshall F. Ragsdale, President, Handy Mart of Liberty, Inc., completed the Notification of USTs Form EPA 7530-1, indicating that Handy Mart of Liberty, Inc. (HM L) was owner of the 3 USTs (2 x 8,000 gal. gasoline and 1 x 4,000 gal. gasoline UST) in use at the facility, which was then called Handy Mart #3. On 3/9/1993, Handy Mart of Liberty, Inc. (HML) was administratively dissolved for failure to file annual reports. On 2/1/1994, a NOV of 2N .0104, .0501, and .0504 and 40 CFR 280.40(a)(3) was issued by PCB (=PIB) to HML. On 5/6/1994, an Assessment of Civil Penalty for Violation of .0501 (no method ofleak detection for 3 suction piping systems) was issued to HML By 3/1997, Randall Marshall Ragsdale was listed on PIB documents as President of HML. On 11/29/2001, a NOV of 2N .0302 (failure to assess integrity of 3 UST systems prior to installing corrosion protection) and .0502 (failure to conduct leak detection for 3 suction piping systems) was issued by PCB (=PIB) to HML. On 2/21/2002 tightness tests on the 4000 gal gasoline UST and on associated piping failed On 2/28/2002 a letter was issued to Randall Ragsdale, HML, explaining that as HML had been dissolved in 1993 and as UST operating permit could not be issued for "entities that do not legally exist", the UST operating permit for the facility would not be renewed unless specific actions were taken. On 3/15/2002, Handy Mart of Liberty, Inc. (HM L) was administrativel y reinstated as a corporation, On 4/30/2002, an Assessment of Civil Penalty for Violation of .0302 and .0502 was issued to HML by PIB ($7,127.15). On 10/l 1/2002, a release from t he UST system was discovered duri ng integrity testing. Soil samples collected near the UST system contained show contamination >10 mg/kg. On 7/6/2003, the release discovered 10//02 was reported to WSRO. On 7/15/2003, a NORR under 15A NCAC 2N .0603 requiring a site check to confirm a suspected release was issued by W-SRO to HML. On 9/16/2003.a Site Check Report (Shield) was received by W-SRO from HML. 14 of 22 samples collected around UST basin and from dispenser island on 9/2/03 contained contaminants at concentrations exceeding 10 mg/kg, confirming the release from the UST system. On 11/13/2003, a NORR under 15A NCAC 2L.0407 requiring a LSA was issued by W-SRO to HML. On 3/29/2004, a Notice of Agency Decision Not to Issue Permit (for period 4/04 -3/05)was issued by PIB to HML due to violations of 2N .0302, .0502, and .0405 On 4/2/2004, a NOV of 2N .0302 and .0.0702, and .0703 (failure to prevent any further release and to abate spread of contamination) was issued by PIB to HML. The NOV directed removal of contaminated soil. On 4/23/2004, a NOV of 2L .407 for failure to submit an LSA Report was issued by W-SRO to HML. On 5/3/2004, a NOV of 2N .0301/ .0302 (failure to provide secondary containment within 100'- 500' of a public wsw) and .0304 was issued by PIB to HML. On 8/11/2004, a 10-Day letter recommending enforcement action was issued by PIB to HML. On 8/19/04, a 10-Day letter recommending enforcement action for failure to submit an LSA Report was issued by W-SRO to HML On 10/01/2004, 1 x 10,000 gal. gasoline UST (Al) and 1 X 5,000 gal gasoline UST (Al B) (2 compartments totaling 15, 000 gals.) were installed at site by HML. On 10/13/2004, a Notice of lntent: UST Closure for 3 older USTs was received by WSRO. On 10/19-2004, 3 USTs (2 x 8,000 gal. gasoline UST and 1 x 4,000 gal. gasoline UST) were removed. . On 2/25/2005, a UST Closure Report (Terraquest) was received by WSRO from HML for the 3 older USTs removed in 10/2004. 532 tons of soil were excavated. Soil samples from base of pit contained contaminants at concentrations exceeding 10 mg/kg and the soil to groundwater MSCCS. An LSA Report was received. LSA indicated that Town of Liberty wsw was located 425' north of site. MW l ,2,3,4, and DMWl were installed/sampled. Benzene in MW3 and MW4 >GCLS and in DMW-1 >2L. GW flow was to NNE. On 4/7/2005, a NORR stating that funding for assessment/cleanup at site was stopped in accordance with SL 2004-124 was issued to HML. (Ranking was H130D.) On 4/27/2005, a site visit was conducted by WSRO On 3/13/2007, HML sold the Property with UST system facility to Shakunt, Inc. On 3/20/2007, a Change of Ownership Form (UST-15) was submitted by Shakunt, Inc.for the facility The new UST owner is listed as Shakunt, Inc. (formed 9/8/05), Jagdishkumar V. Oza (aka Jay Oza), Pres. and Registered Agent, 3902 Liberty Road, Greensboro, NC 27406. The new name of the facility was Kwik Stop #3 On 10/24/2007, 1l/15/07, 5/28/08, and again on 6/4/08, a NOR R stating that funding was resumed and d directing work at site (Ranking was Hl 70D.) and a NOR R requi ring a CSA were issued to HML; the notices were returned undeliverable as addressed. An address search indicated that Randall Ragsdale, the President and Registered Agent for HML, had moved from Liberty, NC to Onslow County. On 6/4/2008, a ranking of H 205 D was assigned to the incident. On 11/24/2013, an NOV of 2L .0407( b) for failure to submit a CSA Report was issued to HML. Onslow County Sheriff was requested to deliver the notice but as Randall Ragsdale had moved to an unknown address not in Onslow County, the notice could not be delivered. On 5/22/13, UST-CO received a Recommendation for State Lead Cleanup for the incident. Note: Handy Mart of Liberty, Inc. was the owner of the UST system at the time ofrelease discovery and, therefore, was the responsible party . However, Handy Mart of Liberty. Inc..has been dissolved so there is no longer a viable RP.