WS-96243_96843_E_NOV_20221020_RaceChaseService

October 20, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 3160 0002 0860 5088
Race Chase Services Inc.
James A Capps, Jr.
5406 Outer Banks St
Hope Mills NC 28348
Re: Notice of Violation
G.S. 143-215.75 et seq. Oil Pollution and Hazardous Substance Control Act of 1978
Unlawful Petroleum Release
Race Chace Service – Diesel Spill
US 421 @ NC 62
Julian, Guilford County
North Carolina
Incident Number: 96843
Dear Mr. Capps:
Information received by this office of the UST Section, Division of Waste Management, in a report from Julian
Volunteer Fire and Rescue Department, Guilford County, North Carolina on May 24, 2022, confirms a release
or discharge of petroleum as a result of a highway accident. This office has determined that Race Chase Services
Inc. is responsible for the release. The release has resulted in specific violation(s) of North Carolina General
Statute 143-215.75 et seq., Oil Pollution and Hazardous Substances Control Act. This letter explains the
violations and the associated corrective actions that you must take to bring the site into compliance. The UST
Section, Division of Waste Management, administers the required responses for petroleum releases in
accordance with the General Statute 143.215.75 et seq., the Oil Pollution and Hazardous Substances Control
Act, and with Title 15A NCAC Subchapter 2L, Groundwater Classifications and Standards.
The specific violations of General Statute 143-215.75 et seq., are as follows:
1)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;
To correct the violations, the following actions are required in order to bring the site into
compliance:
1)You must remove and properly dispose of all contaminated soil exceeding the TPH action levels
or the soil-to-groundwater maximum contaminant concentrations (MSCCs); and
2)You must perform soil assessment to confirm removal of contaminated soil using the procedures
and analytical methods specified in the appropriate sections of the UST Section Guidelines for the
Investigation and Remediation of Contamination from Non-UST Petroleum Releases.
Page 2 of 2

3) 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 most recent version of the UST
Section Guidelines for the Investigation and Remediation of Contamination from Non-UST
Petroleum Releases, 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 Winston-Salem Regional Office of the
UST Section.

Penalties may be assessed for the violation(s) described within this Notice of Violation. Your prompt
attention to the items described herein is required. Failure to comply with the State's rules, in the manner
and time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State. Each day that a violation continues may be considered a
separate violation.

If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Gene Mao at the Guilford County Department of Health and Human Services, 400 W.
Market Street, Suite 300, Greensboro, NC 27401 or [phone].

Sincerely,

James W. Brown
Regional Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Guilford County Department of Health and Human Services

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