MO-88938_0_G_NORR_20230908_OPHSCA for Rayton Bishop

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]
September 8, 2023
CERTIFIED MAIL RETURN RECEIPT REQUESTED7016 1370 0000 2592 5091
Rayton Bishop 21 Bristol Drive Statesville, NC 28625
Re: Notice of Required Actions
G.S. 143-215.75 et seq. Oil Pollution and Hazardous Substance Control Act of 1978 Unlawful Petroleum Release
Rayton Bishop Property 216 Bristol Drive Iredell County UST #: MO-88938
Dear Mr. Bishop:
Information received by this office of the UST Section, Division of Waste Management, in a National Response Center report claims that a release or discharge of petroleum at the above-referenced location has or is happening as a result of dumping waste oil. This office has determined that you are responsible if the claim is substantiated.
This letter explains North Carolina General Statute 143-215.75 et seq., Oil Pollution and Hazardous Substances Control Act as it relates to the release, 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 thisarticle shall immediately undertake to collect and remove the discharge and to restore the areaaffected 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 theDepartment of Environmental Quality of the nature, location, and time of the discharge and of the measurestaken or are proposed to be taken to contain and remove the discharge.
Page 2 of 2 MO-88938
September 7, 2023
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]
The following actions are required in order to comply with the statute:
1)You must cease discharging all "oil" or other hazardous substances into or upon the waters or landof the state;2)Immediately upon discovery of the discharge, you must submit a Notification of DischargeReport, prepared in accordance with the most recent version of the Guidelines for Initial Responseand Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (currentversion), 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 level orthe soil-to-groundwater maximum contaminant concentrations(MSCCs); and5)You must perform soil assessment to confirm removal of contaminated soil using the proceduresand analytical methods specified in the appropriate sections of the Guidelines for Initial Responseand Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (currentversion).6)Within 30 days of the receipt of this notice, you must complete these corrective actions and submitan Initial Assessment Report, prepared in accordance with the Guidelines for Initial Responseand Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (currentversion), which indicates the nature and the extent of the release and describes initial response andabatement actions, including removal of free product and removal of contaminated soil andsubsequent soil sampling to confirm cleanup to the Mooresville Regional Office of the USTSection. Failure to comply in the manner and time specified may result in the assessment of civilpenalties and/or the use of other enforcement mechanisms.
If 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 in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(b).
If you have any questions regarding the actions that must be taken or the statute mentioned in this letter, please contact me at [e-mail] or at 704-235-2175.
Sincerely,
Ryan C Mills
Environmental Program Consultant Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ
cc: Brady Freeman, Iredell County Health Department (Via Email)