Current through Register Vol. 39, No. 6, September 16, 2024
(a) If
the required showing for a commercial underground storage tank cannot be made
or if the Department determines that a release from a noncommercial underground
storage tank represents an unacceptable risk under Rule .0404 of this Section,
the responsible party shall submit within 120 days of the discovery of the
discharge or release, a report containing information needed by the Department
to classify the level of risk to human health and the environment posed by a
discharge or release under Rule .0406 of this Section.
(b) The responsible party may submit a
written request for an extension to the 120 day deadline set forth in Paragraph
(a) of this Rule to the Department for the Department's consideration prior to
the deadline. The request for deadline extension by the responsible party shall
demonstrate that the extension, if granted by the Department, would not
increase the risk posed by the release. When considering a request from a
responsible party for additional time to submit the report, the Department
shall consider the following:
(1) the extent
to which the request for additional time is due to factors outside of the
control of the responsible party;
(2) the previous history of the person
submitting the report in complying with deadlines established under the
Commission's rules;
(3) the
technical complications associated with assessing the extent of contamination
at the site or identifying potential receptors; and
(4) the necessity for action to eliminate an
imminent threat to public health or the environment.
(c) The report shall include:
(1) a location map, based on a USGS
topographic map, showing the radius of 1500 feet from the source area of a
confirmed release or discharge and depicting all water supply wells, surface
waters, and designated wellhead protection areas as defined in
42 U.S.C.
300h-7(e) within the
1500-foot radius. 42 U.S.C.
300h-7(e), is incorporated
by reference including subsequent amendments and editions. Copies may be
obtained at no cost from the U.S. Government Bookstore's website at
http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap6A-subchapXII-partC-sec300h-7.htm.
The material is available for inspection at the Department of Environmental
Quality, UST Section, 217 West Jones Street, Raleigh, NC 27603. For purposes of
this Section, "source area" means the point of release or discharge from the
underground storage tank system;
(2) a determination of whether the source
area of the discharge or release is within a designated wellhead protection
area as defined in 42 U.S.C.
300h-7(e);
(3) if the discharge or release is in the
Coastal Plain physiographic region as designated on a map entitled "Geology of
North Carolina" published by the Department in 1985, incorporated by reference
including subsequent amendments or editions and may be obtained electronically
free of charge from the Department's website at
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/north-carolina-geological-survey/ncgs-maps/1985-geologic-map-of-nc,
a determination of whether the source area of the discharge or release is
located in an area in which there is recharge to an unconfined or semi-confined
deeper aquifer that is being used or may be used as a source of drinking
water;
(4) a determination of
whether vapors from the discharge or release pose a threat of explosion due to
the accumulation of vapors in a confined space or pose any other serious threat
to public health, public safety, or the environment;
(5) scaled site maps showing the location of
the following that are on or adjacent to the property where the source is
located:
(A) site boundaries;
(B) roads;
(C) buildings;
(D) basements;
(E) floor and storm drains;
(F) subsurface utilities;
(G) septic tanks and leach fields;
(H) underground and aboveground storage tank
systems;
(I) monitoring
wells;
(J) water supply
wells;
(K) surface water bodies and
other drainage features;
(L)
borings; and
(M) the sampling
points;
(6) the results
from a limited site assessment that shall include:
(A) the analytical results from soil samples
collected during the construction of a monitoring well installed in the source
area of each confirmed discharge or release from a noncommercial or commercial
underground storage tank and either the analytical results of a groundwater
sample collected from the well or, if free product is present in the well, the
amount of free product in the well. The soil samples shall be collected every
five feet in the unsaturated zone unless a water table is encountered at or
greater than a depth of 25 feet from land surface in which case soil samples
shall be collected every 10 feet in the unsaturated zone. The soil samples
shall be collected from suspected worst-case locations exhibiting visible
contamination or elevated levels of volatile organic compounds in the
borehole;
(B) if any constituent in
the groundwater sample from the source area monitoring well installed in
accordance with Part (A) of this Subparagraph, for a site meeting the high risk
classification in Rule .0406(1) of this Section, exceeds the standards or
interim standards established in Rule .0202 of this Subchapter by a factor of
10 and is a discharge or release from a commercial underground storage tank,
the analytical results from a groundwater sample collected from each of three
additional monitoring wells or, if free product is present in any of the wells,
the amount of free product in such well. The three additional monitoring wells
shall be installed as follows: one upgradient of the source of contamination
and two downgradient of the source of contamination. The monitoring wells
installed upgradient and downgradient of the source of contamination shall be
located such that groundwater flow direction can be determined; and
(C) potentiometric data from all required
wells;
(7) the
availability of public water supplies and the identification of properties
served by the public water supplies within 1500 feet of the source area of a
confirmed discharge or release;
(8)
the land use, including zoning if applicable, within 1500 feet of the source
area of a confirmed discharge or release;
(9) a discussion of site-specific conditions
or possible actions that could result in lowering the risk classification
assigned to the release. The discussion shall be based on information known or
required to be obtained under this Paragraph; and
(10) names and current addresses of all
owners and operators of the underground storage tank systems for which a
discharge or release is confirmed, the owners of the land upon which such
systems are located, and all potentially affected real property
owners.
Authority
G.S.
143-215.2;
143-215.3(a)(1);
143-215.94A;
143-215.94E;
143-215.94T;
143-215.94V;
143B-282; 1995 (Reg. Sess. 1996)
c. 648,s. 1;
Recodified from
15A NCAC
02L .0115(c)(4);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September
29, 2017;
Readopted Eff. June 1,
2019.
