CASE BACKGROUND AND ASSESS:MENT Management...1646 Mail Service Center Raleigh, NC 27699-1646 Step of...

AGENDA ITEM: ----

REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT

DWM/UST Case Number: UST# 18-027C Region: WIRO County: New Hanover

Assessed Entity: Step of Faith Two, LLC (hereafter "Step of Faith")

CASE BACKGROUND AND ASSESS:MENT

• 11/22/2016

• 05/02/2017 • 05/10/2017 • 06/19/2017 • 06/22/2017 • 01/26/2018

• 01/30/2018 • 02/22/2018

• 02/26/2018

REMISSION REOUF.sT

• 03/14/2018 • 03/20/2018

• 03/20/2018

• 03/23/2018 • 07/19/2018

• 07/20/2018

DWM/UST received notification of a release or discharge from UST systems at the Polar Pack facility. DWM/UST issued a Notice of Regulatory Requirements (NORR}. Green card indicated delivery of the NORR. DWM/UST issued a Notice of Violation (NOV). Green card indicated delivery of the NOV. DWM/UST issued a Notice of Recommendation for Enforcement Action (NORE). Green card indicated delivery of the NORE. Step of Faith was assessed a civil penalty in the amount of $4,871.47 ($3.950.00 civil penalty and $912.47 investigative costs) as follows: • $3,950.00 for violation of 15A NCAC 2L .0404 by failing to submit an

Initial Abatement Action Report (IAAR). Green card indicated delivery of the civil penalty assessment.

Step of Faith requested remission of the civil penalty assessment. DWM/UST received the request for remission from Step of Faith. The request included a "Waiver of Right to an Administrative Hearing and Stipulation of Facts" and a "Justification for Remission Request". DWM/UST sent Step of Faith a letter requesting financial data in support of its request for remission. Green card indicated delivery of the :financial data request. The Director of DWM/UST considered the information contained in the remission request and found no grounds to modify the civil penalty assessment. Green card indicated delivery of the remission decision.

REOUIBTFORORALPRESENTATION

• Step of Faith did not request an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions.

• Step of Faith has not been assessed a civil penalty for previous violations.

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19-01

Waste Management EHVIIIOMMENTJl,L QU,&,LiTY

CERTIFIED MAIL RETURN RECEIPT REQUESTED #'7016 2140 0000 4368 6798

John Shetterly, Registered Agent Step of Faith Two, LLC 648 Village Park Dr., Unit 102 Wilmington, NC 28405

July 19, 2018

ROY COOPER

MICHAELS. R£GAN ~

MICHAEL SCOTT Dlrectiir

Re: Request for Remission of Civil ]:>enalty Pursuant to l SA NCAC 2J .0106 - .0108 Polar Pack/ Incident# 43 048 / New Hanover County Enforcement File: UST# l 8-027C

Dear Mr. Shetterly,

This letter transmits notice that the Director of the Division ofWaste Management has considered the information submitted in support of Step of Faith Two, LLC•s request for remission in accordance with North Carolina General Statutes (NCGS) § 143-215.6A(t) and has found no grounds to modify the civil penalty assessment in the amount of $4871.47. A discharge of petroleum into the intercoastal waterway occw-red in November 2016. Free product is present at the site and the contamination not addressed until July 16, 2018.

If Step of Faith Two, LLC chooses to pay the penalty, send payment to Ms. Jan Hardy at the letterhead address_.within thirty (30) days of receipt of this letter. Please make your check payable to the North Carolina Department of Environmental Quality (NCDEQ). If you wish to set up a payment plan, please contact Ms. Hardy at (919) 707-8266.

If payment is not received or if a pa}'lTlent plan is not set up within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A(t), then Step of Faith Two, LLC's request for remission of the civil penalty with supporting documents will be forwarded to the North Carolina Environmental Management Commission's (EMC) Civil Penalty Remission Committee (Committee) for a Final Agency Decision.

lf Step of Faith Two, LLC desires to make an oral presentation to the Committee on why its request for remission meets one or more of the five statutory factors, Step of Faith Two, LLC must complete and return the enclosed "Request for Oral Presentation" form within thirty (30) days of receipt of this letter and mail it to the following address:

State of Nonh Carolina I Environmental Quality I Waste Managfflle11t 2r7 'Nest Jones Street I lfl<l6 Mllll Suwe CleJ1l8" J Raleigh, Nanh Cllrollna.27699-1646

9197078200

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Jan Hardy, Enforcement Coordinator NCDEQ I DWM I UST Section 1646 Mail Service Center Raleigh, NC 27699-1646

Step of Faith Two, LLC's request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation, Step of Faith Two, LLC will be notified by certified mail of the date, time, and place that its oral presentation can be made. Otherwise, the final decision on Step of Faith Two, LLC's request for remission will be made by the Committee based on the written record.

Thank you for your cooperation in this matter. If you have any questions about this letter, please contact me at (919) 707-8299.

Sincerely,

~ James Scott Bullock, UST Corrective Action Branch Head Division of Waste Management, NCDEQ

Enclosure cc: Wayne Randolph, Wilmington Regional Office Supervisor

Enforcement File

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STATE OF NORTH CAROLINA

COUNfY OF New Hanover

IN THE MATTER OF ASSESSMENT OF CML PENALTY AGAINST:

Step of Faith Two. LLC

) ) ) ) ) ) )

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

FILE NO. UST# 18-027C

REQUEST FOR ORAL PRESENTATION

I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:

• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.

• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina.

• My presentation will be limited to discussion of issues and information submitted in my origjnal remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.

The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on ~missions are quasijudicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in e representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and returo this form within thirty (30) days of receipt of this letter.

Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/etbics, Authorized Practice Advisory Opinion 2006-1 and 2007 Fo.rmal Ethics Opinion 3.

• If you are an individual or business o-wner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consullant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice oflaw.

• If you are a corporation. partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible.

If you choose to request an oral presentation, plew,e make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are; 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not via.late the State Bar's Opinion on the unauthorized practice oflaw.

Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs.

This the ___ day of _________ , 20 __ .

SIGNATURE

TITLE (President, Owner, etc.)

ADDRESS

TELEPHONE,____..__ ________ _

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SENDER: COMPLETE THIS SECTIOI''

• Complete .Items 1, 2, and 3. • Print your name and address on the reverse

&0 that we can return the card tD you. • Attach lhle card to the baok of the mellpiece,

or on the front if space permits. C. Dal8 of Delivery

-~~ . I""' 1. Artlcle Addl'8598d to:

John Shetterly, Registered Agefif Step of Faith Two, LLC -~:.

648 Village Park Dr., Unit I 02 j_

Wilmington, NC 28405

D. Is delivery address different from item 1? • Yes If YES, enter delivery address below: • No

i I· I

I 11111111111111111111111111111 11111111111111111 gf~ii=:~cted Den-, 11ied Mail®

l 9590 9402 3268 7196 7020 78 D c«tified Mllll Restrlc«ad Deitvery ------ ----- ------- -l• Collec:tonDelivQ!Y g. Arflcle NumhAr fTamsfer from sa,wce fabeb • CaUect on Delivery Ree1!laed Oetlvlly - · .. l . ,

' 7•1b 214D •ODO 43b8 6798 IRMlnc:!EdD&ll'.9y

PS{prm 3811, July 2015 P9N 7530-02-000-8053 Otimes.tlc ReQ!rn Receipt

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Waste Management Elt\llRONP'IENTAL QUALITY

CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7016 2140 0000 4368 6491

John Shetterly, Registered Agent Step of Faith Two, LLC 648 Village Park Dr., Unit 102 Wilmington, NC 28405

Re: Request for Financial Data

March 20, 2018

Polar. Pak / Incident # 43048 / New Hanover County

Dear Mr. Shetterly:

ROY COOPER Go1'1!1'7J01"

MICHAEL S. REGAN ~to/)'

MICHAEL SCOTT DJnctor

On March 19, 201 7, the UST Section received your request for remission of the civil penalty in the abovereferenced matter. In this request, you indicated that you do not have the financial resources to complete the required remedial actions necessary to achieve compliance at this site. Therefore, please submit the following financial information (as applicable) in support of your request for remissio~ no later than April 30, 2018:

1. Income statement and cash flow of the business (prepared by a Certified Public Accountant); 2 Five ( 5) most recent tax returns for the business; 3. Copy of bankruptcy petition for the business (as filed with the Court); 4. List of all real estate owned by the business (and what is owed in mortgages and loans); 5. List of all real estate sold by the business in the past three (3) years (and the selling prices); 6. List of all loans owed to the business; 7. Any other docwnents that support the claim of financial inability.

Should you have any questions or concerns, please contact me at (919) 707~8266.

cc: Enforcement File Mike Haseltine

Sincerely,

Jan Hardy, UST Enforcement Coordinator Division of Waste Management, NCDEQ

Stale of Nonll c..orma I Envlron~ral Qualrty I Waste Management m West Jones Strett I 1646 Ma11Servt1% Cemr I Raleigh, North Cerollnll 27(199-1646

9191!118200

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SENDJ: . COMPLETE THIS SECTION

• Complete items 1, 2, and 3. Aleo complete J item 4 if Restricted Delivery is deslmd. 1 • Print your name and address on the reverse ; so that we can return the card to you. 1 • Attach this can:! to 'the back of the mailpiece, l or on the front if space permits. 1 1. Article Addressed to:

I' I I

John She~ly, Registered Agent Step(.f Faith Two, LLC

648 ViIJ$.RE Park Dr., Unit 102 Wihni_ngton, NC 28405

·•l!Ji)

7D1b 2140 oaaa 4368 b4~1

COMPLETE THIS SECTION ON DELIVERY

If YES. enter delivery address below:

3. Service Type ti! Certified Mai~ • Priority Mall Expreee-• Registered • Return Receipt for Merdlendi!le • Insured Mail • Colrect on Dellve,y

4. Aestricl9d Dellve1y? ~ Fee) • Yea

PS Form 3811, July 2013 Domestic Retum Receipt

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STA TE OF NORTH CAROLINA

COUNIY OF NEW HANOVER

IN THE MATIER OF ASSESSMENT OF CIVIL PENALTY AGAINST:

STEP OF FAITH TWO, LLC

NORTH CAROLINA ENVIRONMENT AL MANAGEMENT COMMISSION

FILE NO. UST# UST# l 8-027C

) ) ) REQUEST FOR REMISSION OF CIVIL ) PENALTY, WAIVER OF RIGHT TO ) AN ADMINISTRATIVE HEARING, ) AND STIPULATION OF FACTS ) ) )

Having been assessed a civil penalty totaling $4,871.47 for violation(s) of 15A NCAC .0404 as set forth in the assessment docwnent of the Director of the Division of Waste Management dated February 22, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate and agree that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Drrector within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment.

This the J;,f' day of !Yfe,vc: /,

-~

, 20.LB.

EPreside O~r, etc.)

bJ/s 11½(1[' 1:w-k JJr_ ADDRESS /_//1 if / "CJ 2

h'.l'lk,5~ Pi)C 28403J {/.<02J 497-8'14 ~

TELEPHONE

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STATE OF NORTH CAROLINA NORTII CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

FILE NO. UST# UST# 18•027C

COUNTY OF NEW HANOVER ) )

IN THE MATTER OF ASSESS:MENT OF CIVIL PENALTY AGAINST:

) JUSTIFICATION FOR REMISSION REQUEST ) )

STEP OF FAITH TWO, LLC ) ) )

Please use this form when requesting remission of this civil penalty. You must also complete the "Request (or Remission. Waiver o[Right to an Administrative Hearing. and Stipulation o(Facts" form to request remission of this civil penalty. Yau should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission, Please be aware that a request fur remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of 1he civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to NCGS §143B·282.l(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed).

_ (a) one or more of the civil penalty assessment factors in NCGS §143B•282.l(b) were wrongfully

_!_(d)

/(e)

applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix);

the violator promptly abated continuing environmental damage resulting from the violntion (i.e., explain the steps that you took to correct the violation end prevent future occurrences);

the violation was inadvertent or a result of an accident (i.e., ex.plain why the violation was unavoidable or something you could not prevent or prepare for);

the violator has not been assessed civil penalties for any previous violations;

payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance).

EXPLANATION (attach additional pages as necessary):

s"..QJ2__ &ifa.c~-heJ ie0fe.,..,--

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March 14, 2018

John L. Shetterly, Managing Member Step of Faith Two, LLC

648 Village Park Drive, Unit 102 Wilmington 1 NC 28405

Jan Hardy, Enforcement Coordinator NCDEQ/OWM/UST Section 1646 Mail Service Center Raleigh, NC 27669-1646

Re.: REQUEST FOR REMISSION Assessment of Civil Penalty for Violation(s) of: 15A NCAC 2L .0404 Polar Pack/Incident #43048/New Hanover County Enforcement File: UST# 18-027C

Ms. Hardy,

I respectfully submit this request for remission for the referenced enforcement action. I have all intentions of removing the tanks and remediating the property to satisfy the State's concerns. I first want to present a quick history for your review. This is my first experience with a convenience store and petroleum sales operation. I purchased this store for my daughter and son-in-law for their operation and livelihood. In retrospect, I did so without enough knowledge of petroleum storage and sales. We experienced leaks from the systems after the purchase. The store has been closed due to these leaks. I have spent my savings and retirement accounts trying to get ahead of this. The property itself is in a very desirable location in Wrightsville Beach. We have had several potential buyers who backed out at the last minute, primarily due to its environmental condition. The property is currently under contract with a local developer. He has the reputation of purchasing and fixing environmentally challenged properties. am confident that this one will go through. As part of the purchase, he will deposit $156,000 in an escrow account for tank removal and remediation costs. We are currently under the inspection period. I anticipate the sale to be finalized in approximately 60 days. The property has also been accepted into the NC LUST Fund. We currently have approximately $92,000 in preapproved funds waiting for our work to be completed. Please note that we have pumped all of the product from all of the tanks. We have conducted considerable assessment and free product removal operations. We are also periodically checking for explosive vapors and keeping sorbent booms in all of the downhill storm drains. While some of the contamination does remain

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in the subsurface, it currently is not creating much of a threat to human health or the environment. Additionally, we have met with the Wilmington Regional Office staff and are keeping them updated to our activities.

This request for remission is based on the following facts:

(b) Whether the violator promptly abated the continuing emnronmentaJ damage resulting from the violations.

We have pumped all of the products from all of the tanks to prevent further releases. The store has been closed. We have conducted active and aggressive free product recovery activities, are keeping sorbent booms in the storm drains, are gauging down gradient monitoring wells checking for free product, plus are screening the storm drains for explosive vapors.

(c) Whether the violation was inadvertent or the result of an accident. None of the product released was intentional. Our release was

an accidental release from an active and compliant system.

(d) Whether the violator has been assessed civil penalties for any previous violations.

We have not been assessed penalties for any other violation.

(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. As stated above, I have depleted my savings and retirement

accounts. I am aggressively pursuing this property sale so that I can conduct the necessary remediation.

In summary, we have been working diligently in assessing and cleaning up the petroleum releases. We are close to selling the property, which will finance the actual tank removals and remediation. Please consider this remission request. I currently do not have the funds to pay this fine. Additionally, payment of the fines will not make the process go any faster, but will only place an additional unnecessary financial and psychological burden on my completion of the State's requirements.

I can be available to meet with you, as we have with the Wilmington staff in the past, if you believe that it can help.

Thank you for your consideration.

s~$;&l/ z::~tlaly J

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Hardy, Jan

From: Sent: To: Subject: Attachments:

John Shetterly <[email protected]> Monday, March 19, 2018 2:43 PM Hardy, Jan (External] copy of Request for Remission - UST# 18-027C NCDEQ Request for Remission_signed.pdf

CAUTION: C :-:.···I·~;-;·/ ... ··~,:;-:; --,-; ,._,~;.-: ,-~~;- ,, ... ,-.:. -;·,., ,: '.. . -, '--~ ·., - .. __ ·:_•;_.·. _,•'. - I - -

- ..'.._-:_ __ :,~ 1: ,I ... - 0 ( - - - - - - --- - -

Ms. Hardy, I attempted to call you today but on three separate occasions the number (919) 707-8266 rang, stopped ringing and that was it.

Attached is the copy of our Request which was placed in the mail today. As this is a totally new experience for me I do have some questions and will attempt to call again tomorrow.

John Shetterly Step of Faith Two, LLC (202) 497-8949

1

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Waste Management ENVIRONf'I.ElfTAL ®Al,ITY

CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7016 2140 0000 4368 6446

John Shetterly, Registered Agent Step of Feith Two, LLC 648 Village Park Dr., Unit 102 Wilmington, NC 28405

February 22, 2018

Re: Assessment of Civil Penalty for Violation(s) of: 15A NCAC 2L .0404 Polar Pack/ Incident # 43048 / New Hanover. County Enforcement File: UST# 18-027C

Dear Mr. Shetterly.

ROY COOPER GoMrtnor

MICHAEL S. REGAN s«:J:r;tcq

MICHAEL SCOTT Director

This letter transmits notice of civil penalty assessed against Step of Step of Faith Two, LLC in the amount of $3,950.00 and $921.47 investigative costs, for a total of$4,871.47.

Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to North Carolina General Statutes (NCGS) §l43B-10, §143-215.6A and §143-21S.94-W. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.

You must take one of the three actions oudined below within thirty (30) days from the dale of receipt of this l.etter. Please be advised that if you fail IQ exercise one of the following options within thirty (30) days, you will lose your right to appeal or contest this case and your case will be forwarded to the Attorney General's Office for colkction.

1. Submit payment of the penalty:

Payment should be made directly to the order of the North Carolina Department of Environmental Quality (NCDEQ). Payment of the penalty-will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of:

Jan Hardy, Enforcement Coordinator · NCDEQ I DWM I UST Section 1646 Mail Service Center Raleigh, NC 27699-1646

OR

Stab! afNanh Cal'tlllna I .Erw1ronmenta1 <pillty I W~ Miffl~ 2l7West)ones5treet I 1646 MsUServl~OemJer I Raleigh, North0arollna27699-1646

9197076200

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2. Submit a written request for remission including a detailed justification for such request:

Please be a.ware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an adroiniim-ative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the address listed below. In detennining whether a remission request will be approved, the following factors shall be considered:

(a) whether one or niore of the civil penalty assessment factors in NCGS §143B-282.l(b) were wrongfully applied to the detriment of the violator;

(b) whether the viola.tor promptly abated continuing environmental damage resulting from the violation;

(c) whether the violation was inadvertent or a result of an accident;

( d) whether the violator has been assessed civil penalties for any previous violations; or

( e) whether payment of the civil penalty will preve.nt payment for the remaining necessary remedial actions.

Please note that all evidence presented in support of your request for remission roust be submitted in writing. The Director will review your evidence and inform you of his/her decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Committee. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission.

In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penaliies, Waiver ofRight to an Administrative Hearing, and Stipulation o[Facts" form within thirty (30) days of receipt of this notice. The Director also requests that you complete and submit the enclosed "Justification for Remission Request" form. Both forptS should be submitted to the following address:

Jan Hardy, Enforcement Coordinator NCDEQ I DWM I UST Section 1646 Mail Service Center Raleigh, NC 27699-1646

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3. File a petition for an administrative bearing with the Office of Administrative Hearings:

If you wish to contest any statement in the attached assessment docwnent you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hows. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile-(fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §ISOB-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:

· Office of Administrative Hearings 6714 Mail Service Center Raleigh. NC 27699-6714 Tel: (919) 431-3000 Fax:(919) 431-3100

One ( 1) copy of the petition must also be served on NCDENR as foHows:

William F. Lane, General Counsel NCDEQ 160 l Mail Service Center Raleigh, NC 27699-1601

Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action.

Please be advised that additional penaltie~ may be assessed if the violations that are the subject of this action have not been comx;ted. If you have any questions, please contact Jan Hardy at (919) 707-8266.

Enclosures cc: Enforcement File

Wayne Randolph, WIRO

Sincerely,

~~. Scott Bullock, UST Corrective Action Branch Head Division of Waste Management, NCDEQ

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COUNTY OF NEW HANOVER

IN THE MATTER OF: STEP OF FAITH TWO, LLC

FOR VIOLATION OF: 15A NCAC 2L .0404


FILE NO.: UST# 18-027C

) ) ) ) ) ) )

)

FINDINGS AND DECISION AND ASSESSMENT OF CML PENALTIES

Acting pursuant to North Carolina General Statutes (NCGS) 143-215.6A and 143-215.94W and by authority delegated to me under NCGS 143B-10, I, Scott Bullock, Underground Storage Tank (UST) Corrective Action Branch Head, Division of Waste Management (DWM), make the follov..ing:

I. FINDINGS OF FACT:

A. Step of Faith Two, LLC is a corporation organized wid existing under the laws of the State of North Carolina.

B. Pursuant to NCGS 143-215.94A(9) or 15A North Carolina Administrative Code (NCAC) 2N .0203 of the Environmental Management Commission (EMC), Step of Faith Two, LLC is the owner of five petroleum UST systems located at Polar Pack, 7006 Wrightsville Avenue, Wilmington, New Hanover County, North Carolina 28403 (hereafter "the site").

C. Pursuant to 15A NCAC 2L .0404, a responsible party shall within 90 days of the discovery of a discharge or release, submit an Initial Abatement Action Report (IAAR).

D. On November 22, 2016, DWM received notification of a release or discharge from the subject UST systems.

E. On May 2, 2017, DWM sent Step of Faith Two, LLC a Notice of Regulatory Requirements (NORR) stating that an IAAR must be submitted-in accordance with 15A NCAC 2L .0404 wid, if applicable, the assessment and reporting requirements of 15A NCAC 2L .0405. The NORR was sent by certified mail and received on May 10, 2017.

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F. On June 19, 2017, DWM sent Step of Faith Two, LLC a Notice of Violation (NOV) stating that an IAAR report must be submitted in accordance with 15A NCAC 2L .0404. The NOV was sent by certified mail and received on June 22, 2017.

G. On January 26, 2018, DWM sent Step of Faith Two, LLC a Notice of Recommendation for Enforcement Action. The Notice was sent by certified mail and received on January 30, 2018.

H. As of February 22, 2018, DWM had not received the IAAR required by 15A NCAC 2L .0404 and as specifically communicated in the NOV dated June 19, 2017.

I. Staff costs and expenses associated with detecting the violations, defining their nature, and bringing the enforcement action totaled $912.47.

Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:

A. Step of Faith Two, LLC is a "person" within the meaning ofNCGS 143-215.6A and 143-215.94W pursuant to NCGS 143-212(4).

B. UST rules at 15A NCAC 2N and 2L have been adopted by the EMC pursuant to NCGS 143-215.3, 143-215.94T, 143-215.94V, 143B-282(a)(2)(h), and 143-214.1.

C. NCGS 143-215.6A and 143-215.94W allow the Secretary of the Department of Environment and Natural Resources to assess a civil penaJty of not more than $ I 0,000.00 per day against any person who violates a rule of the Commission implementing, among others, Part I, Article 21, Chapter 143, of NCGS (including NCGS 143-214.1 and 143-215.3) or Part 2B, Article 21A, Chapter 143, ofNCGS (including NCGS 143-94T and 143-94V).

D. Step of Faith Two, LLC has been in violation of 15A NCAC 2L .0404 from June 22, 2017 through at least February 22, 2018 by failing to submit an IAAR, in accordance with the procedures and requirements of the cited rule.

E. NCGS 143.215.3(a)(9) provides that the reasonable costs of any investigation. inspection, or monitoring survey may .be assessed against a person who violates any regulations adopted by the EMC.

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Based upon the above Findings of Fact and Conclusions of Law, I make the following:

ill. DECISION

Pursuant to NCGS 143-215.6A and 143-215.94W, in determining the amount of the penalty, I have taken into account the Findings of Fact and Conclusions of Law and have specifically considered each and every factor listed in NCGS 143B-282.1 (b ), as follows:

a) The degree and extent of harm to the natural resources of the State, to the public ·health, or to private property resulting from the violation(s);

b) The duration and gravity of the violation; c) The effect on ground or surface water quantity or quality or on air quality; d) The cost of rectifying the damage; e) The amount of money saved by noncompliance; f) Whether the violation was committed willfully or intentionally; g} The prior record of the violator in complying or failing to comply with

programs over which the Environmental Management Commission has regulatory authority; and

h) The cost to the State of the enforcement procedures.

Accordingly, Step of Faith Two, LLC shall be, and hereby is, assessed a civil penalty of:

$ 3,950.00

$ 912.47

$ 4.871.47

for violation of 15A NCAC 2L .0404 from June 22, 2017 through at least February 22, 2018 by failing to submit an IAAR, in accordance with the procedures and requirements of the cited rule.

Investigation costs which are authorized byNCGS 143-215.3(a)(9).

TOTAL AMOUNT DUE

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N. NOTICE

I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $10,000.00 per day penalty. Civil penalties and investigative costs may be assessed for any other rules and statutes for which penalties have not yet been assessed.

V. TRANSMITTAL

This CNIL PENAL1Y ASSESSMENT is directed to be transmitted to Step of Paith Two, LLC in accordance with NCGS 143-215.6A(d) and 143-215.94W(d).

Date Scott Bullock, UST Corrective Action Branch Head Division of Waste Management

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NC -----_.....,.. Violator. Step af Faith Two, LLC

Sltelfaclllty: Kingsway #3 -~-------------Case No.: UST# 18--027C

ASSESSMENT FACTORS

I.A HARM:

A. Degree and extent of ham, to human health and lhe environment:

I.B HARM:

B. Estimated cost to recttry lhe damage:

II.A Vlolator Hletoly and Intent:

A. Violation was et1mmltled willfully or intentionally:

11.B Vlolator H19tory and Intent

B. Prior record of falling to comply with NCOEQ rules and regulallons:

DI. Duration and Gravity of 1he Violation:

NCDEQ • Division of Wasta Management UST SECTION

INCIDENT PENAL TY MATRIX

Ass898or: James Scott Bullock Facility ID.: 0-00--000002115

Incident No.:

(IMP-2016A)

Date: 2'22/2018

43048 Vlolatlona: (1)15A NCAC 2L .0404

----"------------------MINOR SIGNIFICANT EXTREMELY SIGNIFICANT COUNT PENALTY

0 Low Riek 0 ln11!nnedlate Risk ~ Unknown or High Riek 1 $1,500.00 (Penalty: p :4250.'°) (P = $250.oo. $500.oo) (P = 2:SSOO.'°)

High risk - surface wabr' and well lmpacls plus free product

0 Demlnlmus • $10,000 lJ) s10,ooo-s100,ooo 0 > 1100,000 1 $750.00 (P = $250_00 - $750.oo) (P = 1750.00

- $3,000.'°) (P = 2$3,000.'°)

Initial Abatement Action and Report $15,000.00

0 ConBCructlve • Actual Knowledge Prevlo119 CIYII Penalty Knowledge Only 0 Aaeasment(a) tor 1 $500.00 (P = 15Q9.'°)

(P = $500.no. $3,000.'°) ldentlcal Vlolatlon(11)

1-NORR, 1-HOV C81111ed, 1-NORE (P"' itS3,00D.'°) cerlilied

• [NIA] 0 NOV(s) Issued for

0 Prev10U9 CMI Penalty

Unrelated Vlolatlons(s) Assesament(a) for 1 $0.00 (P = $500.111

• 13,000.'°) UnNlatad Vlolallon(e) (P "' :!$1,000.ua)

0 0•BMonthe @) 8~24Month8 0 >-$24Mon1ha 1 $1,200.00 (P = 5200.00

- 11,200.00) (P = $1,200.00

- $4,800.00) (P = :l'l54,BOO. 00)

6J22/17 - 2/13(18

I

COUNT TOTAL PENAL TY (Maximum Penalty)

1 Total NumbeT of Daya In Vlolatlon: I 238 I

$3,950.00 $10,000/day

day(a)

(Effecllve 712otz005) SUM $3,950.00 $10,000/dav of 34



IN THE MATIER OF ASSESSMENT OF CIVIL PENALTY AGAINST:

STEP OFF AITH TWO, LLC

NORTII CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

FILE NO. UST# UST# 18-027C

) ) ) REQUEST FOR REMISSION OF CIVlL ) PENALTY, WAIVEROFRJGHTTO ) AN ADMINISTRATIVE HEARING, ) AND STIPULATION OF FACTS ) ) )

Having been assessed a civil penalty totaling $4,871.47 for violation{s) of ISA NCAC .0404 as set forth in the assessment document of the Director of the Division of Waste Management dated February 22, 2018, the undersigned. desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate and agree that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be ajlowed after thirty (30) days from the receipt of the notice of assessment.

This the~-- day of _______ , 20_.

SIGNATURE

PRINTNAME

TITLE (President, Owner, etc.)

ADDRESS

TELEPHONE

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IN THE MATIER OF ASSESS:MENT OF CNIL PENALTY AGAINST:

STEP OF FAITH TWO, LLC


FILE NO. UST#UST# 18-027C

) ) ) JUSTIFICATION FOR REMISSION REQUEST ) ) ) ) )

Please use this form when requesting remission of this civil penalty. You must also complete the "Request for Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" fonn to request remission of. this civil penalty. You should attach any docwnents that you believe support your request and are necessary for the Director to consider in detennining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation( s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to NCGS §I43B-282.l(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed).

_ (a) one or more of the civil penalty assessment factors in NCGS §143B-282.l(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix);

_ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);

_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for);

_ (d) the violator has not been assessed civil penalties for any previous violations;

_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the .civil penalty will prevent you from performing the activities necessary to achieve compliance).

EXPLANATION (attach additional pages as necessary):

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SENDER: COMPLETE THIS SECTION

j • Complete items 1, 2, and 3. Al5o complete

! Item 4 if Reetrfcied Delivery Is desired. • Print your name and addrass on the reverse

so that we can return the card to you. / • Attach 1his card to 1he back of the mailpiece,

or on 1he front if space petmit5.

I 1 , Artlcle Addressed to; ) 1 I. l I !

I ! I l

John Shetterly, Registered Agent Step of Faith Two, LLC

648 Village Park Dr., Unit 102 Wilmington, NC 28405

D. Is deli11ery address different fro If YES, enter delivery address below:

3. Service ,ype M° certified Meil" 0 Prior1ty Mail Express"' • Regl6Ulled • lnsuroo Mell

• Return Receipt tor Men::han~: • Collect on Oellvery

4. Restricted Dellvery? (Ewa Fee) • Yes

7016 21~• •0•• 4368 b44b I PS Form 3811, July 2013 Domestic Return ReceJpt

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Waste Management EltVl!tONHENTAL QUALITV

January 26, 2018

CERTIFIED MAIL #70112000000227678678 RETURN RECEIPT REQUESTED

Mr. John Shetterly, Registered Agent Step of Faith Two, LLC 648 Village Park Drive Unit 102 Wilmington, NC 28405~8324

ROY COOPER Gov.,mor

MICHAELS. REGAN Secrelwy

MICHAEL SCOTT Director

Re: Recommendation for Enforcement Action Polar Pack B

Dear Mr. Shetterly:

7006 Wrightsville Ave Wilmington, NC 28403 New Hanover County Risk: High Incident# 43048

This letter is to notify you that this office is considering recommending enforcement action to the Director of the Division of Waste Management. The recommendation for enforcement concerns the violation(s) cited in the Notice of Violation (NOV) dated June 19, 2017 which was previously sent to you. Specifically:

VIOLATION 1; Failure to submit an Initial Abatement Action Report in accordance with Title 15A NCAC 2L .0404, Title 1 SA NCAC 2N .0603 (if a site check was performed'), and Title 15A NCAC .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.

If there is an explanation for the violation(s) cited, or if you believe there are other factors which should be considered, please submit your response to me in writing within 10 days of receipt of this notice. Your explanation will be reviewed, and if enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideratiolL

Stat£ of North Carolina I Environmental Quallty I Waste ManagMJcnt Wilmington Regional Office 1127 Cardinal Drive Bxlension I Wilmington, NC 1114051 (910) 796,7215

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If you have any questions concerning this matter, please contact me at (910) 796-7230.

Sincerely,

L~/ Wayne1larfcfolph Regional Supervisor Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ

cc: Scott Bullock, Corrective Action Branch (electronic copy only) Jim Cornette, Applied Resource Management (electronic copy only) Phillip Tarte, New Hanover County Health Department WIRO-UST

Slate of North Carolina I Environmental Quality I Waste Management Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 I (910) 796-7215

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1

U.S. Postal ServiceT,. CERTIFIED MAIL• RECEIPT (Domestic Mail Only: No Insurance Coverage Provided)

1•· ·~~--r ·. SENDER: COMPLETE THIS SECTION

• Complete·~ms 1 • .2, and 3. • . Print ~ ,ur name end address onlhe raver99,. .

. so that we can 1'8µJ!TJ. the card lo you. ··- .. a •

• Attach thiS card to:the back'¢ the mallpiece, . ofon the front If space permits.. · · . :

DatsofDaltyeJ;Y, l-'3D-1 T 11 CYes

~~rlil!!l~~aw' Cl No

f:"FR n 1 7n1R

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ROY COOPER

\1JC HAEL S. REGA!\ .\1it·;,,,1ar:1·

Waste Management iENviAO~M ENTAL. QUALITY

MJCHAEL SCOTT

June 19 ._ 201':

CERTlliED MAIL #70142120000080553150 RETURT\" RECEIPT IU:Qt;ESTED

Step of Faith Two, LLC Attn: Mr. John Shetterly, Registered Agent 648 Village Park Drive Uni1 102 Wilmington. :-.JC 28405-8324

Re: . '\iotice of Violation of l SA !\'CAC 2L .0400 Risk-based Assessment anri Corrective Action for Petroleum Underground Storage Tanks

Dear Mr. Shetterly:

Polar Pack B 7006 \Vrightsville Avenue Wilmington, New Hanover County Incident Number:43048 Risk Classification: High Ranking: H 17 l D

l )H'l:t'IOI"

Information received by this office of the UST Section, Division of Waste Management, on November 22, 2016 confirms a release or discharge from a petroleum underground storage tank (UST) system a1 the above•referenced location. Records indicate that you are the owner or operator of this CST system. This letter explains the violation(s) and associated corrective action(s) you must take 8.5 a result of the release or discharge in accordance with North Carolina statutes Rnd 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 located in Title ISA, Subchaptcr 2L and Title 15A, Subchapter 2N of the North Carolina Administrative Code (NCAC).

VIOLATION l: Failure to submit an Initial Abatement Action Report in accordance with Title l SA NCAC 2L .0404, Title l 5A 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 1:1. discharge or a release.

REQUIRED CORRECTIVE ACTION: Please submit an Initial Abatemem Action Report in accordance wi~h Title 15A NCAC 2L .0404, Title I SA NCAC 2N .0603 (if a site check was performed), Title 1 SA 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 of Environmental Quality will determine if the incident meets the criteria for No Further Action or if a Limited Site Assessment Report is required.

State ofNoI1h Carolina : Environmentlil Quality • W115te Mmagement t.;ST Section Central Office : 1646 Mail Servi re Center i Raleigh, t-.'C 27699• l 646 {919) 707·817 l

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Please take the corrective action(s) for tJic above violation(s) as necessary to bnng the site into compliance. Corrective actions must be taken and rcporLed to the \Vi!minglon Regional Office, within 30 days from the date of this notice, unless otherwise noted in the above con-ecti,•e actions, to avoid recommendation of civil penalties for continuing violations .

Penalties may be assessed for the violation(s) described within this :'\otice ofViolation. 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 assessmen1 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 tha.1 performing assessment and cleanup work that is not required under 15A ;\CAC 2L .0400 is not reimbursable from 1.he Commercial or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup funds.

If you have any quesiions regarding the actions that must be taken or the rules mentioned in this iet1er, please c·ontaet Bruce Reed at the address or telephone number listed below. If you have any questions regarding trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-8 l 71

Sincerely,

f·· 1 .· '/ ,.:' ~. lf/i. ~-.z_, ___ Wayni,R~lph Regional Supervisor Wilmington Regional Office UST Section, Division or Waste Managemen~ NCDEQ

cc: Phillip Tarte, New Hanover County Health Depai1ment Jim Cornette , Applied Resource Management electronic copy only WiRO-liST

Wilmington Regional Office l 27 Cardinal Ori vc Extension ; \Vilmington, NC 284 05 i (9 J 0) 796-7215

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·ervicer,.,

CJ I.I')

U.S. P'd CERT! D MAIL® RECEIPT

M l'T1

Domestic Mail Only

For delivery informa_tion, v~I our ~ebsite at Wl."'_~sps.com•.

I.I') USE I.I') L----'=-~----"--........,::.__;;:::__....:;;;_.;;.....;;:::;:...____,;;;;;;C-...-::~~-----'

CJ

"° Poatage $ -----CJ °"'1111Bd Fee

CJ 1---------1 c:r RalwTI~Fee 0 (B,dlll&lllllenl Raq,1\rud) 1---------1

Rs8'lfclud Dsllve,Y Fae CJ (Endonlllmllffl Rmprad) n.J 1---------1

n1 '1l:lla1 Poslaga&Feea L.,;:$::._.. ___ ....J

JUN 2o 2017

11111111111111111111111111111111111 m 1111111 9590 94021772 6074 8665 09

of 34

Sa~ -$.1.l~

ROY COOPER (;ownm,·

MICHAELS. REGAN Su,1-,,/ary

Waste Manogeme"t ENVlRONMENi.AL OUAJ..lfY

MJCHAEL SCOTT

May 2, 2017

CERTIFIED MAIL #7014212000008055313Q JRETh~1' RECDPT REQUESTED

Step of Faith Two, LLC Attn: Mr. John Shetterly, Registered Agent 648 Village Park Drive Unit 102 Wilmington, NC 28405-8324

Re: :'.'-iotice of Regulatory Requirements

!)ire.,v()r

15A NCAC 2L .0404 and 2L .0405 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks

Dear Mr. Shetterly:

Polar Pack B 7006 Wrightsville Avenue Wilmington, New Hanover County Incident Number:43048 Risk Classification: High Ranking: HI 71D

Information received by this office of the UST Section, Division of Waste Management, on November 22, 2016 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. Therefore, as a responsible party, you must comply with the initial response and abatement action requirements of Title 15A NCAC 2L .0404 and, if applicable, the assessment and reporting requirements of Title ISA NCAC 2L .0405, within the timeframes specified in the attached rules. (Be aware that if the latter rule is applicable, you must comply with its requirements even if you do not receive formal notification from the UST Section.)

Initial abatement action requirements include the preparation and submittal of an Initial Abatement Action (IAA) Report, in accordance with Title 15A NCAC 2L .0404 aml the most recent version of the Guidelines for Site Checks, Tank Closure, an.d Initial Response and Abatement for UST Releases, within 30 days of receipt of this letter.

Because 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 of Environmental Quality in accordance with Title I SA NCAC 2L .0103(e) and 2L .011 l(b).

PIMse note that before you sell, transfer, or request a "No Further Action" determination for a properly that has no1 been remediated to below "unrestricted use" standards, you must file a Notice of

State of North Carolina i Environmental Qualily I Waste M11C1Agemcnt UST Section c~ntrw Office 11646 Mail Servir.e Center I Raleigh, NC 27699-16461 (919) 707-8171

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Residual Pe.tro)eum ("Notice''} with tl1e Register of Deeds in the county when-: 1he property is located (\CGS 143B-279.9 and l 43B-279.l l ).

Failure-. to comply with the State's rules in the manner and time specified may result in the assessment of civil penalties and/or the use of orher enforcement mechanisms.

If you have any questions regarding trust fund eligibility or reimbursermmt from the Commercial or Noncommercial Lea.king Petroleum Underground Storage Tank Cleanup Funds, please contact the lJ ST Section Trust Fund Branch at (919) 707-8171. If you have any questions regarding the actions that must be taken or the n1les mentioned in this letter, please contact me at the address or telephone number listed below

Enclosures:

-i Sinc~!~Jy, / '

• ••I•••/ • .{ ~ i'

/ .,--?")J_/.!J,'/ .,,,,-7_.,. . ./ ,/ _,,~/--1:;£,_... '-··':'

,_- B-ruce Reed ', .. Hydrogeologist I1 Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ

Title 15A NCAC 2L .0404 and 2L .0405 A Brief History ofNorth Carolina Session Laws, Rules, and General Statutes.

cc: Phillip Tarte, New Hanover County Health Departmenl Jim Cornette, ARM, electronic copy only WiRO-lJST

WilmingtorJ Regioml Office! 127 Cardiml Drive Extension: WihningtorJ, NC 28405 ! (910) 796-7215

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U.S. Postal Service ··, CERTIFIED MAILQ) RECEIPT Domestic Mail Only

... ...D l'Tl r-'I l'Tl

IJ'1 L...--=0--=-F---=-F___.:.l;..._::C:;...._:l=--=-A~L;;::;.....-U=---=-S-=E'"--------' IJ'1 C ID

C C ReTumfls9elp!Fea g (Encl0111111111111\ Requlnld) 1--------1

' AeellfolBdDalllelyFee Cl (End11111111111J111 FlequlnidJ nJ 1-------l

r-'I '1bllll Po8lage & Feel $ nJ '--'------'

::r ,...,. C r-

DER: CPMPLETE THIS SECTION

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UST SECTION CORRECTIVE ACTION BRANCH

ENFORCEMENT CASE .COVER MEMO, CHECKUS't, ANO ASSESSMENT FACTORS

RP INFORMATION:

Step of Faith TWO, LLC RP Name

_§48 Village Park Drive Unit 1~ Address Wilmington NC City State

New Hanover ----County 28405-8324 Zip Code

REGISTERED AGENT (OR OTHER} INFORMATION:

Mr. John Shetterly Registered Agent Name

648 Village Park Drive Unit 102 Address

Wilmington NC 28405-8324 City State Zip Code

SIPS DATABASE:

C8l Facility screen printout

~ Tank screen printout (PF12)

SECRETARY OF ST ATE DATABASE:

C8l Corporation/ registered agent screen printout

IE! Document filing screen printout

NOTICES:

C8J NORRs

C8J NOVs

!El 10-day letters

!El Cer1ilied mail receipts

D Sheriffs services

RP RESPONSE:

D No response(s) received

IE! HP response(s) enclosed

VIOL.A TION(s): 15A NCAC 2L .0404 06/22/2017 CURRENT Violation Begin Date End Date

Violation Begin Date End Dare

SITE/ FACILITY INFORMATION:

Polar Pack 8 Site/ Facility Name

New Hano 7006 Wrightsville Ave __ _ ------Address County Wilmington NC 28403 City State Zip Code

00-0-000002115 43048 Facility lb# Incident#

SITE RISK/ JUSTIFICATION:

H264E Site Risk/ Justification

Gasoline present in slormwater system.

Nearby permitted potable WSWs and non-potable wells

OTHER DOCUMENTS:

181 PIRF (UST Form 61)

~ F&O template (from FTP site)

D Diskette

OTHER INFORMATION:

D Registration file documents

!ZI Tax records

D Lease agreements

IE! Deeds

D Date connected to municipal water:

D Date converted to electricity/natural gas:

D Affidavits/ Other supporting documents

RP HISTORY;

D Penalty history from Central Office

D Copies of NOVs used in history

l i f ·

' j

! ;-

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...

INVESTIGATIVE COSTS:

Adminis trative costs:

Supervisor:

Manager: (site visits, sampling, Notices, and enforcement preparahon)

Mileage:

Certified mail and/or sheriff's service fees:

2 hrs@

23 hrs@

35 mi@

4 pcs@

$200.00

$ 32.43 / hr $ 64.86

$ 26.53 / hr $ 610.08

S 0.31 / mi $ 10.85

$ 6 .67 / ea $ 26.68

TOTAL INVESTIGATIVE COSTS G 5.µ.

GRAVITY OF VIOLATION (e.g., impacted water supply wells; wells within 1,500 feet of source area):

Gasoline in the stormwaler system that ultimately discharges to the intracoastal waterway. Vapors have potential to crea1e explosive environment.

Two permitted public water supply wells within 1,000 feet of the plume, one impacted private non-potable well with MTBE at <2L within 500'

Suspect significant free-product mass within and around the UST basin that continues to serve as secondary source which continue to infiltrate the stormwater system. According to the RP's consultant, an estimated 2,500 gallons of gasoline was released on or around November 2016.

AGGRAVATING FACTORS (e.g., degree of recalcitrance):

The RP will not proceed with source remov1=1I as directed, but is waiting to leverage a property transaction to fund cleanup, the RP has used this reasoning with multiple potential buyers since the release oocurrad.

The RP has not shown an interest in pursuing financial hardship

WiRO has granted extensions to conduct initial abatement actions and submit and IAAR. The RP has failed to complete the initial abatement actions and submit a subsequent report following granted extensions

MITIGATING FACTORS (e.g., degree of cooperation):

RP accepts the responsibility of the incident (#43048) and has generally provided efforts toward cleanup activities of the prior incident #32933 -

RP has conducted AFVR events and manual free ·product recovery as well as periodically monitoring the stormwater system. However, the RP has failed to .properly maintain absorbent booms within the stormwe.ter system which allows the gasoline to bypass and enter surface waters.

Submitted by:

WiRO Regional Office

' I I ·' I l i

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