Current through Register Vol. 39, No. 6, September 16, 2024
(a) Chemical spills
and releases shall be reported in accordance with applicable state and federal
requirements, including the Emergency Planning and Community Right-to-Know Act
set forth in 40 CFR
350-372, the Comprehensive Environmental
Response, Compensation, and Liability Act set forth in
40 CFR
300 and
302, the Resource Conservation and
Recovery Act set forth in 40
CFR 239-282, the Clean Water Act set forth in
40 CFR
100-149,
G.S.
143-215.75 through 215.104U,
15A NCAC
02B, and 02L, as applicable, which are
incorporated by reference, including subsequent amendments and
editions.
(b) Spills and releases
of E & P waste shall be controlled and contained upon discovery to protect
public health, welfare, and the environment.
(c) The permittee shall be responsible for
controlling, containing, and remediating any spill or release.
(d) The Department may require any cleanup
activities it determines to be necessary to protect public health, welfare, and
the environment based on the type, size, and extent of the spill or
release.
(e) Spills and releases
shall be reported by the permittee as follows:
(1) spills and releases of any E & P
waste that exceed a volume of one barrel per incident, including those
contained within lined or unlined berms, including containment systems, shall
be reported on Form 26 - Spill and Release Report in accordance with Paragraph
(f) of this Rule;
(2) spills and
releases that exceed a volume of five barrels per incident of any E & P
waste shall be reported by telephone or email to the Director in accordance
with Rule .0201 of this Subchapter as soon as practicable, but no more than 24
hours after discovery;
(3) spills
and releases of any size that impact, or threaten to impact, any waters of the
State, high occupancy buildings or occupied dwellings, livestock or public
roads shall be reported by telephone or email to the Director in accordance
with Rule .0201 of this Subchapter as soon as practicable, but no more than 24
hours after discovery; and
(4)
spills and releases of any size that impact, or threaten to impact, any surface
water, water supply area, or water supply intake shall be reported to the
Department in accordance with Rule .0201 of this Subchapter and the appropriate
local emergency management coordinator in accordance with Rule .1305 of this
Subchapter. These spills and releases shall be reported by phone to the local
emergency management coordinator, Department, and water supply facility within
two hours of the discovery. This initial notification to the local emergency
management coordinator, Department, and water supply facility shall include a
description of actions to be taken to mitigate the spill and release.
(f) For all reportable spills, the
permittee shall submit Form 26 - Spill and Release Report, to the Department in
accordance with Rule .0201 of this Subchapter no more than five days after
discovery. The form shall include the following:
(1) the permittee's name, address, telephone
number, fax number, and email address;
(2) the county and nearest city or town where
the oil or gas well is located;
(3)
the property street address, or nearest address to the ingress and egress point
leading from a public road to the well pad;
(4) the API number, the lease name, and the
oil or gas well name and number;
(5) an 8 1/2 by 11 inch topographic map
showing the location of the spill;
(6) color photographs of the affected
area;
(7) a description of the
initial mitigation, site investigation, and any additional remediation proposed
by the permittee; and
(8)
additional information or remediation based on the type, size, and extent of
the spill or release as required by the Department.
(g) The permittee shall determine the cause
of all spills and releases, and shall implement measures to prevent spills and
releases due to similar causes in the future.
(h) The permittee shall notify the local
emergency management coordinator and State Emergency Operations Center of
reportable spills and releases pursuant to the requirements in this Rule, as
soon as practicable, but not more than 24 hours after discovery.
(i) The Department shall require the
permittee to submit a Form 27 - Site Investigation and Remediation Work Plan
when there is a threat of or actual significant impacts on public health,
welfare, and the environment from a spill or release exist, or when necessary
to ensure compliance with
15A NCAC
02B and 02L. The Form 27 - Site Investigation
and Remediation Work Plan shall include the following information:
(1) the permittee's name, address, telephone
number, fax number, and email address;
(2) the county and nearest city or town where
the oil or gas well is located;
(3)
the property street address, or nearest address to the ingress and egress point
leading from a public road to the well pad;
(4) the API number, the lease name, and the
oil or gas well name and number;
(5) a description of the impact to soils,
vegetation, groundwater, or surface water;
(6) a description of initial actions taken to
remediate the spill or release;
(7)
a description of how the spill or release and impacts will be removed or
remedied;
(8) a description of
proposed groundwater monitoring plan if groundwater was impacted;
(9) a description of changes to the well site
development plan or reclamation plan if needed;
(10) a map of the area showing sample
locations and the extent of spill or release;
(11) a copy of analytical reports for any
samples that have been collected and analyzed;
(12) the final disposal site of the E & P
wastes recovered from the spill or release;
(13) an implementation schedule detailing the
date(s) of the initial spill or release, the beginning and end of site
investigation, the date remediation plan was submitted, the date remediation
plan will be implemented, the anticipated completion date of remediation, the
actual completion date; and
(14)
the signature of the permittee and date signed.
Authority
113-391(a)(5)i; 113-391(a)(5)k;
Eff. March 17,
2015.
