WS-29627_48753_E_NOV_20231013_IAR

North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | [phone]

October 13, 2023

CERTIFIED MAIL 7020 3160 0001 3062 3402
RETURN RECEIPT REQUESTED

Bankim F, Desai, RA
1846 N. Church Street
Burlington, NC 27217

Re: Notice of Violation of 15A NCAC 2L .0400
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

C.V. Exxon
1846 N. Church Street
Burlington, Alamance County
Incident Number:48753
Risk Classification: Unknown
Ranking: Pending

Dear Bankim Desai:

Information received by this office of the UST Section, Division of Waste Management, on August 11,
2022, 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 because 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 in Title 15A, Subchapter 2L and Title 15A, Subchapter 2N of the North Carolina Administrative
Code (NCAC).

VIOLATION 1:
Failure to submit an Initial Abatement Action Report in accordance with Title 15A NCAC 2L .0404, Title
15A NCAC 2N .0603 (if a site check was performed), and Title 15A NCAC 2N .0405 and 2N .0803 (if the
UST system was permanently closed or was subject to a change-in-service) to the UST Section within 90
days of discovery of a discharge or a release.

REQUIRED CORRECTIVE ACTION:
Please submit an Initial Abatement Action Report in accordance with Title 15A NCAC 2L .0404, Title 15A
NCAC 2N .0603 (if a site check was performed), Title 15A NCAC 2N .0405 and 2N .0803 (if the UST
system was permanently closed or was subject to a change-in-service); and the most recent version of the
Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases. The
Initial Abatement Action Report must be received by this office within 30 days of receipt of this notice.
Based on a review of the information submitted in the Initial Abatement Action Report, the Department
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48753
October 13, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | [phone]

will determine if the incident meets the criteria for No Further Action or if a Limited Site Assessment
Report is required.

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 Winston-Salem 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 Leaking Petroleum Underground Storage Tank Cleanup Fund.

If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Aaron Williamson at the address or telephone number listed below, or via email at
[e-mail]. If you have any questions regarding trust fund eligibility or reimbursement,
please contact the UST Section Trust Fund Branch at [phone].

Sincerely,

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

cc: Tony Logiudice, Alamance County Health Department (email)