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HomeMy WebLinkAboutFA-96083_97180_G_NORR_20231113_ IAA North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 November 13, 2023 Via Email Jared Bishop Associated Petroleum Carriers, Inc. P.O. Box 2808 Spartanburg, SC 29304 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 APC Hwy 95 Tanker Spill Hwy 95 and Little Marsh Swamp, St. Pauls Robeson County Incident Number: 97180 Risk Classification: Intermediate Dear Jared Bishop: Information received by this regional office of the Underground Storage Tank Section (UST Section), Division of Waste Management, on November 10, 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 Incident 97180 November 13, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 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, Michael Haseltine, L.G. Regional Supervisor Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ Enclosures: Title 15A NCAC 02L .0504 and 02L .0505 cc: Suzanne Jackson, Robeson County Health Director