FA-7966_42211_E_NOV_20200615_fin

June 15, 2020
CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019 0700 0000 3643 2349
Charles Chiara Speedway LLC. 3200 Spring Forest Road, STE 206 Raleigh, NC 27616 Re: Notice of Violation of 15A NCAC 2L 0405 and 2N .0803 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks
Speedway No. 8232 24 South Raleigh Street Angier
Harnett County Incident Number: 42211 Risk Classification: Intermediate Ranking: I 115 D
Dear Mr. Chiara:
Information received by this office of the UST Section, Division of Waste Management, on July 23, 2019 confirms a release or discharge from a petroleum underground storage tank (UST) system at the above-referenced location. Records indicate that you are the owner or operator of this UST system. This letter explains the violation(s) and associated corrective action(s) you must take as a result of the release or discharge in accordance with North Carolina statutes and rules. The UST Section, Division of Waste Management, administers the state's rules for USTs and the required response for petroleum releases. Those rules are located in Title 15A, Subchapter 2L and Title 15A, Subchapter 2N of the North Carolina Administrative Code (NCAC).
VIOLATION 1: Failure to conduct the Limited Site Assessment Addendum and submit the resulting report in accordance with Title 15A NCAC 2L .0405 to the UST Section, due June 5, 2020.
REQUIRED CORRECTIVE ACTION: Please conduct a Limited Site Assessment Addendum and submit the resulting report in accordance with Title 15A NCAC 2L .0405 and the most recent version of the Guidelines for Assessment and Corrective Action for UST Releases containing information needed by the Department to classify the level of risk to human health and the environment posed by the discharge or release. The Additional Assessment Report must be received by this office within 30 days of receipt of this notice.

Please take the corrective action(s) for the above violation(s) as necessary to bring the site into compliance. Corrective actions must be taken and reported to the Fayetteville Regional Office, within 30 days from the date of this notice, unless otherwise noted in the above corrective actions, to avoid recommendation of civil penalties for continuing violations. 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. Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L .0400 is not reimbursable from the Commercial or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Sarah Brown at the address or telephone number listed below. If you have any questions regarding trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at [phone]. Sincerely, Wayne Randolph CPM Regional Supervisor Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ
cc: Oliver Tolksdorf Harnett County Environmental Health Director 307 W Cornelius Harnett Boulevard Lillington, NC 27546
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | [phone]