MO-29940_0_E_NOV_20230824_RK Trucking

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

August 29, 2023

CERTIFIED MAIL 7016 1370 0000 2592 5077
RETURN RECEIPT REQUESTED

R & K Trucking, Inc.
Attn: Kathy Hull
151 Cedar Grove Church Road
Vale, NC 28168-9441

Re: Notice of Violation G.S. 143-215.75 et seq. Oil
Pollution and Hazardous Substance Control Act
of 1978 Unlawful Petroleum Release

R & K Trucking, Inc.
151 Cedar Grove Church Road
Vale, Lincoln County
Facility ID#: 00-0-0000035091
UST #: MO-29940

Dear Ms. Hull:

Information received by this office of the Underground Storage Tank Section (UST Section), Division of
Waste Management, on May 26, 2023, confirms a release or discharge of petroleum as a result of a spill.
This office has determined that you are 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. 143-215.83 (a) Unlawful Discharges:
It shall be unlawful for any person to discharge oil or other hazardous substances into or upon any
waters or land within the state;

2) 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;
3) G.S. 143-215.85, Required Notice:
Any person having control over oil or other hazardous substances discharged, shall immediately
notify the Department of Environmental Quality of the nature, location, and time of the discharge
and of the measures taken or are proposed to be taken to contain and remove the discharge.

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

To correct the violations, the following actions are required in order to bring the site into compliance:

1) You must cease discharging all "oil" or other hazardous substances into or upon the waters or land
of the state;
2) Immediately upon discovery of the discharge, you must submit a Notification of Discharge
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, to the
Mooresville Regional Office of the UST Section;
3) You must contain and remove free product;
4) 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
5) 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.

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 Mooresville 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 Ryan Mills at [e-mail] or at 704-235-2175.

Sincerely,

Ron Taraban
Regional Supervisor
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Lena Jones, Lincoln County Health Department (Via Email)
Mark Howell, Lincoln County Emergency Management Department (Via Email)