MO-88928_97060_G_NORR_20230619

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

June 19, 2023

City of Hickory
P.O. Box 398
Hickory, North Carolina 28603
Attention: Andrew Ballantine

Re: Notice of Regulatory Requirements
15A NCAC 02L .0504 and 02L .0505
Risk-Based Assessment and Corrective Action for Petroleum Releases from Aboveground
Storage Tanks and other Non-UST Sources

City of Hickory Compost Facility
702 Cloninger Mill Road, Hickory Catawba County
Incident Number: 97060
Risk Classification: Unknown
Dear Mr. Ballantine:
Information received by this regional office of the Underground Storage Tank Section (UST Section),
Division of Waste Management, on June 16, 2023, confirms a release or discharge of petroleum at the
above-referenced location. Furthermore, this office has determined that you are the responsible party for
the assessment and cleanup of the release or discharge.
As the responsible party, you must comply with the initial response and abatement action requirements of
the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 02L .0504 and, if applicable,
the assessment and reporting requirements of Title 15A NCAC 02L .0505, within the timeframes specified
in the attached rules. If Title 15A NCAC 02L .0505 is applicable, you must comply with its requirements
even if you do not receive formal notification from the UST Section.
Initial abatement action requirements include the preparation and submittal of an Initial Assessment Report
(IAR), in accordance with Title 15A NCAC 02L .0504 and the most recent version of the Guidelines for
Site Checks, Tank Closure, and Initial Response and Abatement, within 90 days of discovery of the release.
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 of
Environmental Quality in accordance with Title 15A NCAC 02L .0103(e) and 02L .0111(e).
Please note that before you sell, transfer, or request a “No Further Action” determination for a property that
has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum
Page 2 of 2
97060 June 19, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

with the Register of Deeds in the county where the property is located (North Carolina General Statutes
143B-279.9, and 143B-279.11).
Failure to comply with the State's rules in the manner and time specified may result in the assessment of
civil penalties and/or the use of other enforcement mechanisms.
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact me at the address or telephone number listed below.
Sincerely,

Brad C. Newton, P.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 02L .0504 and 02L .0505
cc: Catawba County Health Department