CASE BACKGROUND AND ASSESSMENT - North Carolina Management Commission/E… · • 11/01/2017 • 02/05/2018 • 02/09/2018 REMISSION REQUEST • 03/01/2018 • 03/08/2018 • 07/30/2018

AGENDA ITEM: ----

REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT

DWM/USTCaseNumber: UST# 17-178P Region: NIA County: Rockingham

Assessed Entity: Gas Town, Incorporated (hereafter "Gas Town")

CASE BACKGROUND AND ASSESSMENT

• 10/24/2017

• I 0/30/2017

• 11/01/2017 • 02/05/2018

• 02/09/2018

REMISSION REQUEST

• 03/01/2018 • 03/08/2018

• 07/30/2018

• 08/01/2018 • 08/03/2018

DWM/UST conducted a compliance inspection at Radha Krishna Food Mart. This inspection revealed that the facility's operating permit expired on December 31, 2016 and Gas Town delivered petroleum product into one UST system on October 19, 2017. DWM/UST issued a Notice of Violation (NOV) and a Notice of Recommendation for Enforcement Action (NORE). USPS Tracking indicated delivery of the NOV and NORE. Gas Town was assessed a civil penalty in the amount of $7,043.74 ($6,500.00 civil penalty and $543.74 investigative costs) as follows: • $6,500.00 for violation of NCGS 143-215.94U by placing petroleum

product into an unpennitted UST system. Green card indicated delivery of the civil penalty assessment.

Gas Town requested remission of the civil penalty assessment. DWM/UST received the request for remission from Gas Town. The request included a "Waiver of Right to an Administrative Hearing and Stipulation of Facts" and a "Justification for Remission Request". The Director of DWM/UST considered the information contained in the remission request and found no grounds to modify the penalty. Green card indicated delivery of the remission decision. DWM/UST spoke with Phil Barrow of Gas Town regarding The Director ofDWM/UST's July 30, 2018 remission decision. Mr. Barrow indicated that Gas Town was not financially able to pay the penalty. Gas Town submitted documentation in support of its financial claim via email (see Memo to File).

REQUEST FOR ORAL PRESENTATION

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

• Gas Town has been assessed two previous civil penalties at different facilities.

18-08

Page 1 of 58

Hardy, Jan

From: Sent: To: Subject: Attachments:

Hardy, Jan Monday, August 6, 2018 8:59 AM 'Jennifer Barrow' RE: [External] Gas Town Inc. UST 17-178P_Gas Town lncorporated_Requestfor Oral Presentation.pdf

Thank you, Jennifer. I will include the documents in my presentation to the EMC. If you would like to make an oral presentation before the remission committee, please sign the attached form and return it to me as soon as possible. Take care,

Jan

From: Jennifer Barrow [mailto:[email protected]] Sent: Friday, August 3, 2018 3:26 PM To: Hardy, Jan <[email protected]> Subject: [External] Gas Town Inc.

CAUTION: External email. Do not click links or open attachments unless verified,-'Send all suspicious email asai1attachmentto _____,.,...l :_' ';::. ~ti _ _____ _,._ -~' \._ =-,.. ---~- ,:; _ I

Attached is some of the information that we spoke of this morning. I have additional emails coming. If there is anything else you need, I will get it to you immediately, just let me know.

Jennifer M Barrow Gastown INC. 336-643-3745 3 36-644-7 507 (f)

1

Page 2 of 58

STATE OF NORTH CAROLINA

COUNTY OF GUILFORD

GAS TOWN, INC.,

Plaintiff,

vs.

THE ESTATE OF ANITA REED CONNELLY MOORE, AKA ANITA LOUISE CONNELLY,

Defendant.

) ) ) ) ) ) ) ) ) ) ) )

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

File No. 18 CVS ----

VERIFIED COMPLAINT

(JURY TRIAL DEMANDED)

Plaintiff Gas Town, Inc. ("Gas Town") brings these claims against the Estate of Anita

Reed Connelly Moore ("Decedent's Estate") based on the following allegations.

NATURE OF THE ACTION

This action arises out of the embezzlement by Anita Reed Connelly Moore ("Decedent")

from Gas Town, Inc. ("Gas Town") of hundreds of thousands of dollars.

THE PARTIES

1. Plaintiff Gas Town Incorporated ("Gas Town") is a North Carolina Corporation

headquartered in Guilford County, North Carolina.

2. Anita Reid Connelly Moore ("Decedent"), upon information and belief, was a

Forsyth County resident who died on June 11, 2018.

3. The Estate of Decedent ("Defendant"), upon information and belief, is situated in

Forsyth County, North Carolina.

NPGBOI :2806510.2

Page 3 of 58

JURISDICTION AND VENUE

4. The Court has personal jurisdiction over Defendant pursuant to Section 1-75 .4( 1 ),

(3), (6), and (l I) of the North Carolina General Statutes and subject matter jurisdiction pursuant

to North Carolina common law and North Carolina General Statutes, Sections 1-538.2 and 1-

539.2C.

5. Venue is proper in Guilford County under Section 1-82 of the North Carolina

General Statutes.

FACTS

THE EMPLOYMENT OF DECEDENT

6. Gas Town is a local family owned business that was run by the late Phil Barrow

("Mr. Barrow") and his wife Jenoise J. Barrow ("Ms. Barrow''), and is now run by Ms. Barrow.

7. Decedent was employed as a bookkeeper by Gas Town from August 2008 to

March 2018.

8. As bookkeeper, Decedent was responsible for managing accounts payable and

accounts receivable, and managed all of Gas Town's bank accounts. In short, Decedent had the

ability to control all of the money coming into and out of Gas Town.

9. In March 2018, Decedent was terminated by Gas Town for fraudulently paying

herself overtime pay to which she was not entitled and embezzling hundreds of thousands of

dollars from Gas Town.

GAS TOWN'S DISCOVERY OF THE FRAUDULENT OVERTIME PAY

10. In early March 2018, Decedent was in a car accident and hospitalized.

11. During that time, Mr. Barrow was battling cancer. As a result, Ms. Barrow was

forced to take on greater responsibilities at Gas Town.

2 NPGBO I :2806510.2

Page 4 of 58

12. During her stay at the hospital, Decedent communicated with Ms. Barrow

regarding Decedent's bookkeeping duties.

13. Decedent instructed Ms. Barrow to process payroll by paying Gas Town

employees the same paycheck as the prior week and that Decedent would correct any

discrepancies when she returned to the office.

14. Decedent also said not to worry about processing Decedent's own payroll.

15. Ms. Barrow found Decedent's comment about not worrying about Decedent's

own payroll to be suspicious, and therefore investigated the payroll records for Gas Town.

16. Ms. Barrow discovered that Decedent had paid herself an additional 26 hours of

overtime pay over the past year to which she was not entitled.

17. In addition, Ms. Barrow discovered that Decedent had paid herself an additional

22 hours of overtime pay over the prior years for a number of years.

THE DISCOVERY OF THE EMBEZZLEMENT

18. On March 16, 2018, a contractor made payment to Gas Town using a credit card.

19. On March 19, 2018 Ms. Barrow discovered that the money from contractor's

payment was not in Gas Town's bank account.

20. The same day, Ms. Barrow called Gas Town's bank, Pinnacle Bank, and inquired

why the contractor's payment did not enter Gas Town's account.

21. Ms. Kim Hemrick at Pinnacle Bank in Oak Ridge, discovered that the payment

had been "reversed" out of Gas Town's Pinnacle Account into a separate BB&T account that did

not belong to Gas Town.

22. This BB&T account was one of at least two "ghost accounts" created by Decedent

to embezzle money belonging to Gas Town.

3 NPGBOI :2806510.2

Page 5 of 58

23. Upon information and belief, Decedent had caused the contractor's payment to be

diverted into her ghost account.

24. Upon )earning that the contractor's payment was diverted into a separate account,

Ms. Hemrick contacted Pinnacle Bank's fraud department.

25. Julie Sheffield took over the investigation into the diverted contractor payment.

26. At or around the same time, Ms. Barrow fired Decedent and contacted the

Guilford County Sherriff' s Department ("GCSD").

INVESTIGATION GCSD

GCSD dispatched two deputies and a detective to Gas Town to investigate Decedent's activities.

27. GCSD then referred the investigation to [US TREASURE DEPARTMENT].

28. Detective Overcash at [US TREASURY DEP AR 1MENT] took over the

investigation, which is ongoing.

OTHERFRAUD

29. On [July 3, 2018], when cleaning out Decedent's files, Ms. Barrow discovered a

fraudulently created power of attorney. Attached as Exhibit_.

30. Upon information and belief, Decedent created the fraudulent power of attorney

and had it authenticated after she forged Ms. Barrow's signature.

31. Ms. Barrow never authorized Decedent to create the fraudulent power of attorney.

FIRST CAUSE OF ACTION (Embezzlement)

32. The allegations in the paragraphs above are realleged and incorporated herein by

reference.

4 NPGBO 1:2806510 .2

Page 6 of 58

33. Decedent has committed an act that is punishable under G.S. 14-72, 14-74, 14-90,

or 14-100, to wit, embezzling money belonging to Gas Town during her employment as

bookkeeper at Gas Town.

34. Gas Town was damaged by the foregoing act of Decedent.

35. Based upon the foregoing, Gas Town is entitled to recover from Decedent's

Estate the value of the money lost by reason of Decedent's embezzlement.

36. In addition, Gas Town is entitled to recover any consequential damages, and

punitive damages, together with reasonable attorneys' fees from Decedent.

37. Based upon the foregoing, Gas Town is entitled to a judgment against Decedent's

Estate in an amount to be proven at trial, plus reasonable attorneys' fees.

SECOND CAUSE OF ACTION (Conversion)

38. The a11egations in the paragraphs above are realleged and incorporated herein by

reference,

39. Decedent, during the time that she was an employee of Gas Town, embezzled

money belonging to Gas Town in an amount of at least $325,000.

40. Until the time the Decedent came into possession of the money belonging to Gas

Town, Plaintiff Gas Town was its lawful owner and entitled to its immediate possession.

41. The Decedent has maliciously, willfully, wantonly, and wrongfully converted

Plaintiff Gas Town's money to her own use.

42. Decedent, by converting Gas Town's money to our own use, has caused Gas

Town to incur costs to investigate and recover the converted funds, thereby proximately causing

Gas Town actual damages in an amount to be proved at trial.

5 NPGBOJ:2806510.2

Page 7 of 58

43. As a result of Decedent's conversion of Gas Town's property, Gas Town is

entitled to recover actual and punitive damages from Decedent's Estate.

THIRD CAUSE OF ACTION (Civil Damages for Identity Theft under N.C. Gen. Stat.§§ 1-539.2C, 14-113.20 and 14-

113.20A)

44. The allegations in the paragraphs above are realleged and incorporated herein by

reference.

45. In or about March 28, 2014, Decedent fraudulently created a power of attorney

over Gas Town by signing Ms. Barrow's name and, upon information and belief, fraudulently

caused said signature to be acknowledged.

46. Based upon the foregoing, Decedent knowingly obtained, possessed, and used

identifying information of Mrs. Barrow, with the intent to fraudulently represent that Decedent

was Mrs. Barrow for the purposes of making financial or credit transactions in Gas Tov.-n's

name, to obtain something of value, benefit, and/or advantage.

47. The foregoing conduct of Decedent constitutes identity theft under N.C. Gen.

Stat.§ 14-113.20.

48. Gas Town was damaged by the foregoing act of identify theft of Decedent.

49. As a result of the foregoing, Plaintiffs are entitled to monetary damages, trebled

damages and attorneys' fees under N.C. Gen. Stat.§ 1-539.2C.

50. Based upon the foregoing, Gas Town is entitled to a judgment against Decedent's

Estate, in an amount to be proven at trial, plus the trebling of said damages and attorneys' fees.

PRAYER FOR RELIEF

WHEREFORE, Gas Town prays for the following relief:

6 NPGBOI:2806510.2

Page 8 of 58

( a) Enter judgment in favor of Gas Town on all of its claims;

(b) Award damages to Gas Town, including recovery of nominal, compensatory, actual, consequential, and punitive damages;

(c) Award reasonable attorneys' fees pursuant to N.C. Gen. Stat. §§ 1-538.2 and l-539.2C.

(d) Hold the Decedent's Estate liable for the debts and malfeasance of Decedent;

(e) Hold that the obligations of the Decedent's Estate to Gas Town are superior to the claims or rights of Decedent's heirs;

(f) Tax the costs of this action against Decedent's Estate; and

(g) Award Gas Town such other and further relief as the Court deems just and proper.

This the _ ___ day of _ ___ , 2018.

OF COUNSEL:

Nexsen Pruet, PLLC 701 Green Valley Road, Suite 100 Greensboro, NC 27408 Telephone: 336.373.1600

7

M. JayDeVaney N.C. Bar No. 1179 Christopher R. Hampton N.C. Bar No. 50128 Attorneys for Plaintiff Gas Town, Inc.

NPGBO I :28065 L0.2

Page 9 of 58


COUNTY OF GUILFORD

GAS TOWN, INC.,

Plaintiff,

vs.

THE ESTATE OF ANITA REED CONNELLY MOORE, AKA ANITA LOUISE CONNELLY,

Defendant.

) ) ) ) ) ) ) ) ) ) )

__________ ___ )

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

File No. 18 CVS - ---

VERIFICATION

I, Jenoise J. Barrow, being first duly sworn, deposes and says:

That I am an officer of Gas Town, Inc., the Plaintiff in the foregoing action, and that I

have read the foregoing Verified Complaint and know the contents thereof, and the same are true

of my own lmowledge, except as to those matters and things contained therein states upon

information and belief, and as to those matters and things, I believe them to be true.

SWORN TO and subscribed before me This ___ day of ____ ~ 2018.

Notary Public My Commission Expires: _____ _

8

GAS TOWN, INC.

By: J enoise J. Barrow

Title: - - --------

NPGBO I :28065 l 0.2

Page 10 of 58

EMC IN.UlfllHCE

PROOF OF LOSS UNDER BOND Date Aprj1 11, 2018

Gas Town. Inc. "CLAIMANT" presents claim for toss (Name of c:lalmant: lndivldua~ Firm or Colf)Oratlon)

resulting from default under Bond No. Policy 5W1-16-06/ Claim #1402425 in the amount of $ j~S"; J{.c~. q '3 by ______________ employed in the position of ______ _ _ ____ _

(Name of ampl0yee)

at (Slreet) (City) (SIZUI) (Zip)

DETAILED STATEMENT OF CLAIM {Attach supparting documents)

Date llemofloss Date

B Notes

B Commission

B Other Credits

TOTAL

LESS CREDITS

TOTAL

and that the moneys listed herein were misappropriated by 0 "Employee". on the dates and In the respective amounts sho.._wn ............ a .... A ..... lar.'-a~t'7,th,,...e"""'p=ro"---!.1~s ... o+;f~ e .... s'"'=a:<'m"':'.e"".:a:"':-n-:'f:dJ:-:o'-:r t:.:-he"'.'"'"":'"pr~oce-:-ed:-:-s of the goods at their cost value, as set forth in the statement have been misappropriated by tli EMPLOYEE to his/her/their own use and benefit with the intent to fraudulently deprive the CLAIMANT of the same; that the CLAIMANT has fully complied with the conditions of the said bond and that there are no counterclaims, offsets or credits of any nature other than those stated on the above cl~iro due the CLAIMANT; that the knowledge of this misappropriation came to the CLAIMANT on or abOut rl'«.h20JL..; that the manner in which this misappropriation occurred is as set forth in the attached statement; thatriothing has been suppressed, withheld or misrepresented by the CLAIMANT which is material to the knowledge of the said facts of said loss; that the CLAIMANT has no knowledge of any dishonesty of the said EMPLOY prior to.the dis ery o he loss herein descnbed.

By Title:

7861 E (6-15)

--'-"'I '6._'fh __ day of J\J..1'j

Carmody Burdine Notary Public

Guilford County, NC

, 20 ...,_~....,._-

Page 11 of 58

Year Total 2010 $ 497.10 2011 $ 7,794.20 2012 $ 9,750.00 2013 $ 10,819.00 2014 $ 14,767.75 2015 $ 32,852.69 2016 $ 69,078.76 2017 $ 125,368.80 2018 $ 54,337.64

Total Loss $ 325,265.93

Page 12 of 58

2010 2011 2012 2013 2014 2015 2016 2017 2018 Total $ 214.38 $1,559.82 $1,560.00 $2,440.00 $3,640.00 $3,710.00 $3,640.00 $4,940.00 $1,270.00 $ 22,974.19

Page 13 of 58

2010 2011 2012 2013 2014 2015 2016 2017 2018 Total $ 282.72 $6,234.38 $8,190.00 $8,379.00 $11,127.75 $21,062.32 $27,999.90 $35,323.50 $7,733.25 $ 126,332.82

Page 14 of 58

2010 2011 2012 2013 2014 2015 2016 2017 2018 Total

$ - $ - $ - $ $ - $ 565.30 $ 476.18 $ 51.92 $ $ 1,093.40

Page 15 of 58

2015 2016 2017 2018 Total $4,553.30 $2,000.00 $ 6,272.89 $ $12,826.19

Page 16 of 58

2015 2017 TOTAL

$2,961.77 $10,918.30 $13,880.07

Page 17 of 58

2016 REVERSALS VS QUICKBOOKS AMOUNTS AND DATES

AMOUNT REVERSE DATE

$ 6,549.93 01/21/16

$ 3,762.00 01/29/16

$ 4,000.00 02/17/16

$ 4,000.00 02/17/16

$ 5,600.00 05/18/16

$ 2,200.00 07/05/16

$ 2,625.25 07/22/16

$ 3,725.50 08/23/16

$ 2,500.00 11/14/16

$ 34,962.68 TOTAL

Page 18 of 58


AMOUNT REVERSE DA TE

$ 1,000.00 03/27/17

$ 1,000.00 03/30/17

$ 1,550.00 04/25/17

$ 2,113.20 05/24/17

$ 3,000.00 05/31/17

$ 4,000.00 06/28/17

$ 4,320.00 08/08/17

s 4,500.00 08/22/17

s 4,000.00 09/22/17

$ 4,200.00 09/27/17

$ 4,356.00 10/27/17

$ 4,560.65 10/31/17

$ 4,360.00 11/07/17

$ 2,360.00 11/14/17

$ 1,000.00 11/28/17

$ 1,000.00 11/29/17

$ 2,000.00 12/12/17

$ 2,529.60 12/13/17

$ 4,855.23 12/18/17

$ 3,984.00 12/26/17

$ 2,807.25 12/29/17

$ 63,495.93 TOTAL

Page 19 of 58


AMOUNT REVERSE DATE QB BILL DATE QB PAID DATE DEBIT NOTES QB VENDER

$ 4,595.50 01/09/18 01/03/18 01/03/18 DAN RIVER

$ 4,452.33 01/23/18 01/10/18 01/10/18 MARATHON TRANS

$ 01/29/18 01/09/18 01/09/18 TRANS PIEDMONT TRUCK

1,188.23 TIRES

s 2,345.00 01/30/18 01/30/18 01/30/18 APEX PIEDMONT TRUCK

TIRES

$ 4,341.80 02/07/18 01/31/18 01/31/18 APEX DAN RIVER

s 4,334.58 02/14/18 02/14/18 02/07/18 CHECKS APEX

$ 4,250.00 02/21/18 02/09/18 02/09/18 TRANS

$ 4,729.54 02/26/18 02/01/18 02/01/18 PURE PURE

$ 4,350.24 03/05/18 02/22/18 02/22/18 MARATHON MARATHON

$ 4,142.16 03/12/18 02/14/18 02/14/18 TRANS TRANS

$ 4,785.73 03/19/18 03/16/18 03/16/18 CONOCO P66

$ 43,515.11 TOTAL

Page 20 of 58

AMOUNT CHECK DATE CASH DATE QB VEN DER

$ 61.19 02/08/17 02/13/17 ANITA - CLEANING SUPPLIES

$ 36.61 02/17/17 02/21/17 ANITA- EXPO MARKERS

$ 3,000.00 05/08/17 05/09/17 ADVANCED ENVIRONMENTAL

CHILDRENS CANCER

$ 500.00 0S/10/17 05/16/17 CHK WROTE TO TAXATION

TODAY LIEN 619459

$ 4,000.00 07/25/17 07/27/17 APEX

$ 3,320.50 08/22/17 08/23/17 PUMP AND TANK

$ 10,918.30 TOTAL 2017

$ 329.30 03/16/15 03/17/15 SPECTRUM

$ 114.19 07/02/15 07/02/15 ANITA

$ 568.28 08/20/15 08/21/15 BLUE CROSS BLUE SHEILD

$ 150.00 09/14/15 09/15/15 TRUCK PARTS INC

$ 1,800.00 12/09/15 12/17/15 FORSYTH COUNTY ENV, AFFAIRS

$ 2,961.77 TOTAL2015

Page 21 of 58

o.te Date, Amount D ,nita L Connelly 3/8/2018 12/29/2016 Anita L Connelly 12/31/2015 ).nit.a L Connelly 3/1/2018 12/22/2016 Anita l Connelly 12/24/2015 \nita L Connelly 2/22/2018 12/15/2016 i al Connelly 12/17/201S

. \nita L Connelly 2/15/2018 12/8/2016 Anita L Connelly 12/10/2015 \nita L Connelly 2/8/2018 1,139.00 Anita L Connelly 12/1/2016 Anita L Connelly 12/3/2015 \nlta L Connelly 2/1/2018 1,092.62 Anita L Connelly 11/25/2016 11/27/2015 \nita L Connelly 1/25/2018 1,092.62 Anita L Connelly 11/17/2016 11/19/2015 \nita L Connelly 1/18/2018 1,045.63 Anita L Connelly 11/10/2016 Anita L Connelly 11/13/2015 \nita L Connelly 1/11/2018 1,045.63 11/3/2016 Anita L Connelly 11/5/2015 lnlta L Connelly 1/4/2018 1,142.69 10/27/2016 Anita L Connelly 10/29/2015 ,n ita L Connelly 12/28/2017 1,045.63 Anita L Connelly 10/20/2016 Anita L Connelly 10/22/2015 ,nlta L Connelly 12/21/2017 Anita L Connelly 10/13/2016 10/15/2015 ,nita L Connelly 12/14/2017 Anita L Connelly 10/7/2016 10/8/201S mlta l Connelly 12/7/2017 Anita L Connelly 10/6/2016 lO/~al~ mita L Connelly 11/30/2017 Anita L Connelly 9/30/2016 10/1/2015 ,nrta L Connelly 11/24/2017 Anita L Connelly 10/6/2016 9/24/2015 1nita L Connelly 11/16/2017 Anita L Connelly 9/22/2016 9/17/2015 lnlta L Connelly 11/9/2017 9/15/2016 9/10/201~ mita L Connelly 11/2/2017 9/8/2016 Anita L Connelly 9/3/201S lnlta L Connelly 10/26/2017 9/1/2016 Anita L Connelly 8/27/2015 nita:tl tonnelJV w12.on.oi'J• 8/25/2016 Anita L Connelly 8/20/2015

,nita L Connelly 10/19/2017 8/18/2016 Anita L Connelly 8/13/2015 .L &ooelly 1~113/2017 8/11/2016 8/6/2017

,nita L Connelly 10/12/2017 Anita L Connelly 8/4/2016 nita L Connelly 7/3/2015 ,nita L Connelly 10/5/2017 Anita L Connelly 7/28/2016 Anita L Connelly 7/23/2015 ,nita L Connelly 9/28/2017 Anita L Connelly 7/21/2016 Anita L Connelly 7/16/2015 ,nita L Connelly 9/21/2017 7/14/2016 nita L Connelly 7/9/2015 ,nita L Connelly 9/14/2017 7/7/2016 846. Anita L Connelly 7/2/2015 ,nita L Connelly 9/7/2017 6/30/2016 Anita L Connelly 25/2017 .nita L Connelly 8/31/2017 6/23/2016 n lly 6/18/2015 .nita L Connelly 8/24/2017 6/16/2006 Anita L Connelly 6/ll/2015 ,nita L Connelly 8/17/2017 6/9/2016 Anita L Conneijy 6/4/2015 .nita L Connelly 8/10/2017 Anita L Connelly 6/2/2016 Anita L Connelly 5/28/2015 nita L Connelly _ 8/3/2017 Anita L Connelly 5/26/2016 Anita L Connelly 5/21/2015 nita L Connelly 7/27/ Anita L Connelly 5/19/2016 Anita L Connelly 5/14/2015 nita L Connelly 7/20/2017 Anita L Connelly 5/12/2016 Anita L Connelly 5/7/2015 nita L Connelly 7/13/2017 Anita L Connelly 5/5/2016 nita L Connelly 4/30/2015 nita L Connelly 7/6/2017 Anita L Connelly 4/28/2016 Anita L Connelly 4/23/2015 nrta L Connelly 6/29/2017 Anita L Connelly 4/21/2018 Anita L Connelly 4/16/2015 nita L Connelly 6/22/2017 Anita L Connelly 4/14/2016 Anita L Connelly 4/9/2015 nita L Connelly 6/15/2017 Anita L Connelly 4/7/2016 Anita L Connelly 4/2/2015 nita L Connelly 6/8/201 Anita L Connelly 3/31/2006 Anita L Connelly 3/26/2015 nita L Connelly 6/1/2017 Anita L Connelly 3/24/2016 Anita L Connelly 3/19/2015 nita L Connelly S/25/2017 Anita L Connelly 3/17/2016 Anita L Connelly 3/12/2015 nita L Connelly 5/18/2017 Anita L Connelly 3/10/2016 Anita L Connelly 3/5/2015 nita L Connelly 5/11/2017 Anita L Connelly 3/3/2016 Anita L Connelly 2/26/2015 nita L Connelly 5/4/2017 Anita L Connelly 2/25/2016 Anita L Connelly 2/19/2015 nita L Connelly 4/27/2017 Anita L Connelly 2/18/2016 Anita L Connelly 2/12/2015 nita LConnelly 4/20/2017 nelly 2/11/2016 Anita L Connelly 2/5/2015 nlta L Connelly 4/13/2017 2/4/2016 I a o nelly 1/29/2015 nita L Connelly 4/6/2017 Anita L Connelly 1/28/2016 Anita L Connelly 1/22/2015 nita LConnelly 3/30/2017 Anita L Connelly 1/21/2016 Anita L Connelly 1/15/2015 nita L Connelly 3/23/2017 Anita L Connelly 1/14/2016 Anita L Connelly 1/8/2015 nita L Connelly 3/16/2017 i a nnelly 1/7/2016 Anita L Connelly 1/2/2015 nita L Connelly 3/9/2017 nita L Connelly 3/2/2017 nita L Connelly 2/23/2 nita L Connelly 2/16/2017 nita L Connelly 2/9/2017 nita L Connelly 2/2/2017

Page 22 of 58

Anita L Connelly

Anita L Connell

Anita L Connelly

Anita L Connelly

1/26/2017 2

1/12/2017 1/5/2017

928.16 928.16 965.32 928.16

Page 23 of 58

Anita l Connelly 12/26/2014 12/26/2013 Anita l Connelly 12/18/2014 12/19/2013 Anita L Connelly 12/11/2014 12/12/2013 634.11 Anita L Connelly 12/4/2014 Anita L Connelly 12/5/2013 634.13 Anital Connelly 11/28/2014 Anita L Connelly 11/29/2013 634.13 Anita L Connelly 11/20/2014 Anita L Connelly 11/21/2013 634.13 Anita L Connelly 11/13/2014 Anita L Connelly 11/14/2013 634.12

11/6/2014 Anita L Connelly 11/7/2013 634.34 l 1 Anita L Connelly 10/31/2013 634.13 10/23/2014 · LCOnnelly 10/24/2013 634.12

Anita L Connelly 10/16/2014 Anita L Connelly '10/17/2013 634.13 Anita L Connelly 10/9/2014 Anita L Connelly 10/10/2013 634.13 Anita L Connelly 10/2/2014 Anita L Connelly 10/3/2013 634.12 Anita L Connelly 9/25/2014 Anita L Connelly 9/26/2013 634.12

9/18/2014 Anita L Connelly 9/19/2013 634.13 9/11/2014 Connelly 9/12/2013 634.13

Anita L Connelly 9/11/2014 Anita L Connelly 9/5/2013 634.13 Anita L Connelly 9/4/2014 Anita L Connelly 8/29/2013 634.12 Anita l Connerly 8/28/2014 Anita L Connelly 8/22/2013 634.13

8/21/2014 Anita l Connelly 8/15/2013 634.13 8/14/2014 Anita L Connelly 8/8/2013 634.13

8/7/2014 Anita L Connelly 8/1/2013 605.87 7/31/2014 Anita L Connelly 7/25/2013 605.88

Anita L Connelly 7/24/2014 Anita L Connelly 7/18/2013 605.86 Anita L Connelly 7/17/2014 Anita L Connelly 7/11/2013 605.88 Anita L Connelly 7/10/2014 Anita L Connelly 7/5/2013 605.87 Anita L Connelly 7/3/2014 Anita L Connelly 6/27/2013 605.88

6/26/2 Anita L Connelly 6/20/2013 605.87 i 6/9/2014 Anita L Connelly 6/13/2013 605.88

Anita L Connelly 6/12/2014 Anita L Connelly 6/6/2013 605.87 Anita L Connelly 6/5/2014 Anita L Connelly 5/30/2013 629.82 Anita L Connelly 5/29/2014 Anita L Connelly 5/23/2013 ,605.87 Anita L Connelly 5/22/2014 Anita L Connelly 5/16/2013 905.88 Anita L Connelly 5/15/2014 Anita L Connelly 5/9/2013 605.87 Anita L Connelly Anita L Connelly 5/2/2013 605.88 Ani C n ly 5/1/2014 Anita L Connelly 4/25/2013 605.87 Anita L Connelly 4/24/2014 Anita L Connelly 4/18/2013 605.88 Anita L Connelly 4/17/2014 Anita L Connelly 4/12/2013 605,88

4/10/2014 Anita L Connelly 4/4/2013 605.87 4/3/2014 Anita L Connelly 3/28/2013 605.88

nita L Connelly 3/27/2014 nita L Connelly 3/21/2013 605.87 Anita L Connelly 3/20/ Anita L Connelly 3/14/2013 605.88 Anita L Connelly 3/13/2014 Anita L Connelly 3/7/2013 605.86 Anita L Connelly 3/6/2014 Anita L Connelly 2/28/2013 605.88 Anita L Connelly 2/27/2014 Anita L Connelly 2/21/2013 605.87

nita L Connelly 2/20/2014 Anita L Connelly 2/14/2013 605.88 Anita L Connelly 2/13/20 Anita L Connelly 2/7/2013 605.87 Anita L Connelly 2/6/2014 Anita l Connelly 1/31/2013 605.88 Anita L Connelly 1/30/2014 L nnelly 1/24/2013 605.87 Anita L Connelly 1/27/2014 Anita L Connelly 1/17/2013 602.88 Anita L Connelly 1/16/2014 Anita L Connelly 1/10/2013 602.87 Anita L Connelly 1/9/2014 Anita L Connelly 1/3/2013 602.88 Anita L Connelly 1/4/2014

Page 24 of 58

MEMO TO FILE: SPOKE TO: Phil Barrow DATE: 08/03/2018

Gas Town, lncor_2_orated PHONE: 336-643-37 45 SUBJECT: UST# 17-178P PHONE:

SUMMARY OF CONVERSATION:

I returned a call to Mr. Barrow. He was responding to Ruth's letter dated July 30, 2018, in which she denied Gas Town, lncorporated's (hereafter "Gas Town") request for modification of the penalty assessment, pursuant to Gas Town's request for remission.

Mr. Barrow stated that he could not pay the penalty because he had recently discovered that a former Gas Town employee had been embezzling money from the company for years. He said that he had to borrow over $300,000.00 in order for Gas Town to continue its business. I asked him to please send me any documents in support of his financial claim. His wife, Jennifer, submitted some documents later that day via email. I mentioned to both Mr. and Mrs. Barrow that they may want to consider making a presentation before the EMC remissions committee. I informed Mrs. Barrow that I would include the documents that she submitted with the agenda for the remission hearing. In an email thanking Mrs. Barrow for the financial submittals, I attached another "Request for Oral Presentation" form.

Jan Hardy

Page 25 of 58

t

ROY COOPER NORTH CAROLINA Envlra1llfWtdul (luolliy Governor

MICHAEL S. REGAN ~

MICHAEL SCOTT Director

CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7016 2140 0000 4368 6804

Phillip M. Barrow, Registered Agent Gas Town, Incorporated 8482 Linville Rd. Oak Ridge, NC 27310

July 30, 2018

Re: Request for Remission of Civil Penalty Pursuant to 15A NCAC 21 .0106- .0108 Radha Krishna Food Mart/ Facility ID # 0-0-18890 I Rockingham County Enforcement File: UST# l 7-178P

Dear Mr. Barrow,

Th.is letter transmits notice that the Director of the Division ofW aste Management has considered the information submitted in support of your request for remission in accordance with North Carolina General Statutes (NCGS) § 143-215.6A(f) and has found no grounds to modify the civil penalty assessment in the amount of$7,043.74.

If Gas Town, Incorporated 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 payment plan is not set up within thirty (30) days of receipt of this lettert in accordance with NCGS § 143-215.6A(t), then Gas Town, Incorporated'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.

If Gas To~ Incorporated desires to make an oral presentation to the Committee on why its request for remission meets one or more of the five statutory factors, Gas Town, Incorporated 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:

Nonh Carollrui De~<1fEnvlronmentai Quality! Dlvlstbn.ofWasll: Mana~ent 217 West Jones Strftt I 164ti Mall Service Center I hleigh, North carollna i7699-1646

9)1).707.8l00

Page 26 of 58

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

Gas Town, Incorporated's request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is detennined that there is a compelling reason to require an oral presentation, Gas Town, Incorporated will be notified by certified mail of the date, time, and place that its oral presentation can be made. Otherwise, the final decision on Gas Town, Incorporated'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.

Enclosure cc: Jenny Lilley

Enforcement File

Sincerely,

Ruth A. Strauss, UST Permits and Inspection Branch Head Division of Waste Management, NCDEQ

Page 27 of 58


COUNTY OF ROCKINGHAM

IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST:

GAS TOWN, INCORPORATED

) ) ) ) ) ) )

NORTH CAROLlNA ENVIRONMENTAL MANAGEMENT COMMISSION

FILE NO. UST# 17-178P

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 ljmited to discussion of issues and information submitted in my original remission request and because no factua1 issues are in dispute, my presentation will be limited to five (S) 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 Remissions are quasi• judicial. 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 a 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 return this form within thirty (30) days of receipt of this letter.

Dependmg 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/ethics. Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opiofon 3.

• If you are an ind.ividnal or business owner 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 consultant, 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 comoration, partnership or municipality and are granted an opportunity to make en 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 ifhe or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible.

If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Pre~tation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships end municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law.

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 _ _ .

SIGNATIJRE

TITLE (President, Owner, etc.)

ADDRESS

TELEPHONE '-_,_ _ ___ _ _ __ _

Page 28 of 58

SENDER: COMPLETE THIS SECTION

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

so that we can return the card to you. • Attach this card to the back of the mailpiece, .

or on the front if space permits. 1 , Article Addressed 1o:

Phillip M. Barrow, Registered Agent Gas Town, Incorporated

8482 Linville Rd. Oak Ridge, NC 27310

11111111/ llll llllll Ill I II ll II lll I I llr 111111111 95Q0 9402 3268 7196 7020 61

D. Is delivery address different from Item 1? Jf YES, enter delivery address below:

I <

3. Sel'lllce Type • Priority Mell Express® a Ad>Jlt S!gnalure D Reglslsred Mall~ ~=RestriatedDel~ • ~ Ma11R8$1ni

• Cerlifiud Mwl Restr!oted De!iVely • a ReWm Receipt tor • CoUect on Delively . Merchandifltt t--.2-. A- rti-,-_cle----:N-,-u_m.,...ber- _--=m=-iansrer----:----:-from.,.._ -.ae-rvlce-,-.i,-'abel):-_-=-_-_ -_ -----1_ • Colle!)lon_Oel~~-Dell\!eo-, _• Slgnqtlll8 Confi~

. - , ...... ,..~ ' ' i ' i : i ' i :0 S!gnarure Confim1ati,:,j 7Dlb 214• •aaa 4368 68•4 lll°Reatiic;t&dDel!veiy , ·,,, RestrictedDelJ""'>'..

PS fonn 3811, July 2015 PSN 7530--02-000-.9053 Domestic Return Rec .

Page 29 of 58



IN THE MATTER OF ASSESS1\.1ENT OF CML PENALTY AGAINST:

GAS TOWN, IN CORPORA TED

NORTH CAROLINA ENVIRONMENT AL MANAGEMENT CO:MMISSION


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

Having been assessed a civil penalty totaling $7,043.74 for violation(s) of NCOS 143-215.94U as set forth in the assessment document of the Director of the Division of Waste Management dated February 5, 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 W1dersigned 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 allowed after thirty (30) days from the receipt of the notice of assessment.

This the _ }_ day of ~ ,20J_f>

PRINTNAME

{JiMeA (President, Owner, etc.)

TELEPHONE

Page 30 of 58

North ;Carolina

_0 __,_!--,1(__ ; ......... r -0---'----_v _d __ ·, County

I) £v ~ Y'> C. v-1 ~0{!, ( a Notary Public for said County and

State~:do herebYcertifythat1\l \: {J A,(pS e.$ -~yersonally

ap~~ed before me th.is day and acknowledged the due execution of the

foregoing instrument

day of /vlc.elrC.lz ,

Notary Public

20 .')..c.-' ~

··-·---·-- -··-" -·· ·····-·--···· . ____ _ ___ ,,, __ ___ " Page 31 of 58



IN THE MA TIER OF ASSESSMENT OF CIVIL PENALTY AGAINST:


NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

FILE NO. UST# l 7-178P

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

Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waive~ of Right to an Administrative Hearing, and Stipulation o(F acts" form to request remission of thls civil penalty. You should attach any documents 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 § 143B-282.l(c), remission of a civil penalty may be granted only wrhen 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 docwnents, as to why the factor apP, 1es (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):

Page 32 of 58

... . GAS TOWN INC 8482 LINVILLE RD OAK RIDGE NC 27310 336-643-3745 OFFICE

336-644-7507 FAX [email protected]

02/26/2018

Re: Assessment of Civil Penalty for Violation of:

NCGS 143-215.94U

Radha Krishna Food Mart / Facility ID # 00-0-0000018890 / Rockingham County

Enforcement File: UST# 17-178P

Dear Ms. Hardy.,

This letter is in regards Civil Penalty of $6,500.00 for which you have assessed against Gas

Town, Incorporated. l am submitting a written request for the remission of this penalty. The

justification for the remission request are as follow:

Radha Krishna Food Mart had become a new delivery customer of Gas Town Inc. and

unfortunately the employee who was responsible to verify that the location held a valid UST

permit did not fulfill his duty which resulted in the delivery of petroleum product on

October 19, 2017.

Correction action: Said employee was relieved of his employment with Gas Town Inc. Gas

Town Inc., now has a binder which contains a current copy of all customers current UST

permits per location per expiration month. On the first day of the new month a report is

generated listing all month end expiring permits. Then emails, letters and phone cal ls are

made to all customers reminding them that their UST is about to expire and without a

current copy on file in our office we will no longer be able to deliver after the month end.

Also, Quick Books a Hows for us to enter the UST expiration date on every customer's

window so every time an order is placed no customer will be able to slip through and

Page 33 of 58

receive a delivery of petroleum product and placed into an unpermitted UST system. We

also held an employee meeting with all our delivery drivers and went over what their

responsibilities are as far as being observant of UST pennits prior to dropping their load.

I feel that Gas Town Inc. is taking this violation serious and has made the appropriate

operational changes to safe guard against any future violation of this nature. With the corrective actions in place and the communication with the owners, I am asking for your

consideration of the remission of the assessed Civil Penalty of $6,500.00.

Sincerely yours,

Phillip Barrow, JR

GAS TOWN INC

2

Page 34 of 58

Waste Management £NVIAONHENTAL QU41.iTY

CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7016 2140 0000 4368 6361

Phillip M. Barrow, Registered Agent Gas Town, Incorporated 8482 Linville Rd. Oak Ridge, NC 27310

February 6, 2018

Re: Assessment of Civil Penalty for Violation(s) of: NCGS 143-215.94U Rad.ha Krishna Food Mart/ Facility ID# 00-0:-0000018890 / Rockingham County Enforcement File: UST# 17-178P

Dear Mr. Barrow:

ROY COOPER a~

MICHAEL S. REGAN Seaerary

MICHAEL SCOTT Dlnctot

This letter transmits notice of civil penalty assessed against Gas Town, Incorporated in the amowit of $6,500.00 and $543.74 investigative costs, for a total of $7,043.74.

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) § 143B-10, §143-215.6A and § l43-215.94W. 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 outlined below within diirty (30) days from the date of receipt of this letter. Please be advised tha.t if you fail to exercise one of the following options within tliirty (30) days, you will lose your right to appeal or contest this case and your case will be forwarded to the Atwrney General's Office for collection.

1. Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environmental Quality (NCDEQ). Payment of the penalty will not forec1ose further enforcement action for any continuing or new violation( s). Please submit payment to the attention of:


Static cANorthcarolfria I Enmmmenta!Quallty I waste Ma~mient 'll7Westjones Sb"eet I 164(, Mall Servke ~r I Raletgh, North Carolina 27699-1646

9197078200

Page 35 of 58

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

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. Because a remission request forecloses the option of an administrative 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 determining whether a remission request will be approved, the following factors shall be considered:

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

(b) whether the violator promptly abated continuing environmental damage resulting from the violatio~

( 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; Cir

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

Please note that all evidence presented in support of yow- request for remission must 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 Remis:Sion of Civil Penalties. Waiver ofRight to an Administrative Hearing. and Stipulation ofFacts" 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 forms should be submitted to the following address:


Page 36 of 58

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 document, 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 ofreceipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. 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 §150B-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:

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

One (l) copy of the petition must also be served on NC DEQ as follows:

William F. Lan~, General Cowisel NCDEQ 160 I 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 penalties may be assessed if the violations that are the subject of this action have not been corrected. If you have any questions, please contact Jan Hardy at (919) 707-8266.

Enclosures cc: Files

Sincerely,

~a-~ Ruth A. Strauss, UST Permits an.d Inspection Branch Head Division of Waste Management, NC DEQ

Page 37 of 58



IN THE MATTER OF: GAS TOWN, INCORPORATED

FOR VIOLATION OF: NCGS 143-21S.94U

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

FILE NO.: UST# 17-l 78P

) ) ) ) ) ) )

FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES

Acting pursuant to North Carolina General Statutes (NCGS) 143-215.6A and 143-215.94W by authority delegated to me under NCGS 143B-10, I, Ruth A. Strauss, Underground Storage Tank (UST) Permits and Inspection Branch Head, Division of Waste Management (DWM), make the following:

I. FINDINGS OF FACT:

A. Gas Town, Incorporated is a corporation organized and existing under the laws of the State of North Carolina.

B. Pursuant to 15A North Carolina Administrative Code (NCAC) 2N .0203 of the Environmental Management Commission (EMC), Nipin Patel is the owner and/or operator of four regulated petroleum UST systems located at Radha Krishna Food Mart, 613 North Ayersville Road, Madison, Rockingham County, North Carolina 27025 (hereafter 11the site").

C. Four UST systems, installed on August 1, 1991, are registered with the State as being owned by Nipin Patel. Pursuant to NCGS 143-215.94U, petroleum product may not be placed into a UST system at a facility for which the owner or operator does not hold a currently valid operating permit.·

D. On October 24, 2017, DWM conducted a compliance inspection at the site. This inspection revealed that the site's operating permit expired on December 31, 2016 and Gas Town, Incorporated delivered petroleum product into one UST system on October 19, 2017.

E. On October 30, 2017, DWM sent Gas Town, Incorporated a Notice of Violation (NOV) and a Notice of Recommendation for Enforcement Action (NORE) stating that, per NCGS 143-215.94U, petroleum product may not be placed into an unpermitted UST system. The Notices were sent by certified mail and received on November 1, 2017.

Page 38 of 58

F. History: On June 9, 2010, Gas Town, Incorporated was assessed a civil penalty in the amount of $8,441.32 for violation of I SA NCAC 2L .0407 by failing to implement a Comprehensive Site Assessment at Bill's Convenient in Guilford County (UST# 10-037C).

On March 9, 2016, Gas Town, Incorporated was assessed a civil penalty in the amount of$3,872.36 for violation of 1,5A NCAC 2N .0502 an~ .0506 by failing to comply with leak detection requirements for two USTs at Gas Town, Inc. in Rockingham County (UST# 15-156P).

G. Staff costs and expenses associated with detecting the violati~ns, defining their nature and extent and bringing the enforcement action totaled $543.74.

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

II. CONCLUSIONS OF LAW:

A. Gas Town, Incorporated 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 have been adopted by the EMC pmsuant 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 Environmental Quality to assess a civil penalty of not more than $10,000.00 per day against any person who violates a rule of the Commission implementing, among others, Part 1, Article 21, Chapter 143, ofNCGS (includingNCGS 143·214.l and 143-215.3) or Part 2B, Article 21A, Chapter 143, ofNCGS (including NCGS 143-94T and 143-94V).

D. Gas Town, Incorporated was in violation ofNCGS 143·215.94U on October 19,2017 by placing petroleum product into an unpennitted UST system, in accordance with the procedures and requirements of the cited statute.

E. NCGS l 43.215.3(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.

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 detennining 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.l{b), as follows:

Page 39 of 58

a) The degree and extent of hann 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, Gas Town, Incorporated shall be, and hereby is, assessed a civil penalty of:

$ 6,500.00 ----'--------

$ 543.74 - -....C.......--

$ _ _ 7'-'--,0:.....:.4.::...c.3.-'-74;_

IV. NOTICE

for violation of NCGS 143-215.94U on October 19, 2017 by placing petroleum product into one wipermitted UST system, in accordance with the procedures and requirements of the cited statute.

Investigation costs which are authorized by NCGS 143 215.3(a)(9).

TOTAL AMOUNT DUE

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 CIVIL PENALTY ASSESSMENT is directed to be transmitted to Gas Town, Incorporated in accordance with NCGS 143-215.6A(d) and 143-215.94W(d).

:>js'/2nt8 Date RulliA.Strauss, UST Permits and Inspection Branch Head

Division of Waste Management

Page 40 of 58

. NCDEQ- Division of Waste Management

UST Section Compliance Penalty Matrix

Pal!e 1 of 1 - --o~ - - - -

Violator: Gas Town, Incorporated Assessor: Ruth A. Strauss O'lh Site/Facility: Radha Krishna Food Mart/ Facility Id# 0-0-18890 Date: February 5, 2018 ' ~ Case No.: UST# 17-178P Violation(s): (See Below): NCGS 143-215.94U: placing petroleum product into an unpermitted UST system (PER2)

ASSESSMENT MINOR SIGNIFICANT EXTREMELY PENALTY

FACTORS SIGNIFICANT 1 I. Amount Saved by r <$2500 · f;1 $2,500 - $10,000 r>s10,ooo $1,500.00 Noncompliance: , .. $100.00- $500.00) (l'= $500.01- $1,500.00) tr-= >$1,500.01)

ILA Violator History and r Constructive ~ Actual Knowledge [": Previous Civil Penalty $1,500.00 Intent: Knowledge Only Assessment(s) for '

Identical Violation(s) A. Violation was (P= $100.00) (P= $500.01- $1,500.00) (P= >$1,500.01) committed willfully or intentionally:

II.B Violator History and r N/A r NOV(s) Issued for ~ Previous Civil Penalty $3,000.00 Intent: Unrelated Violation(s) · Assessment(s) for

Unrelated Violation(s) B. Prior record of failing (P= $500.01- $~,500.00) (P= >$1,500.01) to c.omply with UST mles Two prior peoalties

and regulations

m. Duration and Gravity ~ 0~6 Months r. 6-24 Months C >24Months $500.00 of the Violation: w= $100.00- ssoo.oo) V'= $500.01- $1,500.00) (¥= >$1,500.01)

Totals $6,500.00 $0.00 $0.00 Total Penalty $6,500.00

Page 41 of 58



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


NORTH CAROLINA ENVIRONJ'vlENT AL MANAGEMENT COMMISSION

Fll.,E NO. UST# 17-178P

) ) ) REQUEST FOR REMISSION OF CNIL ) PENALTY, WAIVER OF RIGHT TO ) AN ADMlNISTRATIVE HEARING, ) AND STIPULATION OF FACTS ) ) )

Having been assessed a civil penalty totaling $7,043.74 for violation(s) ofNCGS 143-215.94U as set forth in the assessment document of the Director of the Division of Waste Management dated February 5, 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 ofreceipt 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 _ __ day of ______ ~ 20 .

SIGNATURE

PRINT NAME

TITLE (President, Owner, etc.)

ADDRESS

TELEPHONE

Page 42 of 58

STA TE OF NORTH CAROLINA


1N THE MATTER OF ASSESSMENT OF CIVIL PENAL TY AGAINST:


NORTH CAROLJNA ENVIRONMENTAL MANAGEMENT COMMISSION


) ) ) 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" form to request remission of this civil penalty. You 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 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 § 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 be1ieve applies to your case and provide a detailed explanatio~ 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 occwrences);

( 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 perfonning the activities necessary to achieve compliance).

EXPLANATION (attach additional pages as necessary):

Page 43 of 58

• Complete items 1, 2, and S. Also cotnplete ! Item 4 if Restricted Delivery Is desired.

I • Print your name and address on the reverse , so that we can return the card to you. I • Attach this card to the back of the mallpiece, I or on the front if space pemilts.

t 1. Article Addressed to:

! Phillip M Barrow, Registered Agent I Gas Town, Incorporated I 8482 Linville Rd. / : Oak Ridge, NC 27310

i I -----------1

ice Ty~ Certltled Mall~ • Priority Mail E.xpre8G'" _.

• Registered • Return Receipt fol Merchanqh • Insured M~I O Collect on Deliveiy

l PS ~orm 3811 , July 2013 Domestic Return Receipt

Page 44 of 58

December 29, 2017 Division of Waste Management

Civil Penalty Assessment History Gas Town, Incorporated

On June 9, 2010, Gas Town, Incorporated was assessed a civil penalty in the amount of$8,441.32 for violation of 15A NCAC 2L . 0407 by failing to implement a Comprehensive Site Assessment at Bill's Convenient in Guilford County (UST# 10-037C).

On March 9, 2016, Gas Town, Incorporated was assessed a civil penalty in the amount of $3,872.36 for violation of l 5NCAC 2N .0502 and . 0506 by failing to comply with leak detection requirements for two USTs at Gas Town, fuc. in Rockingham County (UST# 15-156P).

Page 45 of 58

•

ROY coo1•1m

l\f!CHAEL S. REGAN

l\ < 1 '· fanuqc I enr J\HCHAEL SCOTT D,,·,:,:,o,· lw ~111 ~~l" A.,. o .J ,.~

October 30, 2017

CERTIFIED MAIL 701710000000843144 71 RETURN RECEIPT REQUESTED

Phillip M. Barrow, Registered Agent Gas Town, Incorporated 8482 LinviJle Road Oak Ridge, NC 27310

Re: Recommendation for Enforcement Action Radha Krishna Food Mart 613 North Ayers ville Road, Madison, NC 27025 Rockingham County Facility ID#: 00-0-0000018890

Dear Phillip M. Barrow:

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 violations cited in the Notice of Violation (NOV) dated October 30, 2017. Specifically: NCGS 143-215.94U for placement of petroleum in an unpermitted tank.

If there is an explanation for the violations 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 consideration. In accordance with NCGS 143-215.94U, continued non-compliance can result in revocation of the current operating permit or non-renewal of future operating permits for this facility.

If you have any questions concerning this matter, please contact me at (336) 595-8214 or [email protected].

Sincerely,

Jenny Lilley, Environmental Specialist Division of Waste Management, NC DEQ

cc: Ruth Strauss, Permits and Inspection Branch (electronic) Files (electronic)

State ofNmth Carolina I Enviwnmenral Quali,y I Waste Manogemcnt 217 West Jones Street! 154<; Mail Service Ceoicr I R.aleigh, NC 27699-1646

919707~171

_ lloJ,<vi ... ~~_:.-...... -. -

Page 46 of 58

\\ ·11 le Af< ·Jiau£. . l lh:\IUI P-itiLN ALU ••1, ;

October 30, 2017

CERTIFIED MAIL 70171000000084314471 RETURN RECEIPT REQUESTED

Phillip M. Barrow, Registered Agent Gas Town, Incorporated 8482 Linville Road Oak Ridge, NC 27310

Re: NOTICE OF VIOLATION OF NCGS 143-215.94U(PER2) Radha Krishna Food Mart 613 North Ayersville Road, Madison, NC 27025 Rockingham County Facility ID#: 00-0-0000018890

Dear Phillip M. Barrow:

ROY COOPEH (:o.·.:r:;,'!·

MICHAEL S. REC,A N

MICHAEL SCOTT D:.1·;.:,.-1.-;1·

On October 24, 2017, 1 conducted a compliance inspection at the above-referenced facility. I observed that underground storage tanks (USTs) at Radha Krishna Food Mart are not in compliance with North Carolina General Statutes (NCGS). According to NCGS 143-215.940, no person shall place a petroleum product into a UST at a facility for which the owner or operator does not hold a currently valid operating pennit.

The following violation of the state statutes (NCGS) was observed on October 24, 2017 at Radha Krishna Food Mart. Following the violation is the actions required to correct the violations:

Violation 1: NCGS 143-215.94U PER2; Placement of petroleum product into a UST at a facility for which the tank owner or operator does not hold a currently valid operating permit as required by NCGS 143-215.94U.

Corrective Action(s):

1) Placement of product into a tank at a facility for which the tank owner or operator does not hold a currently valid operating pennit is illegal. Prior to placing product into a tank, ensure that the facility has a currently valid operating pennit and that the tank into which product is being placed is listed on the permit.

Comment: The facility's operating permit expired December 31, 2016. Based on information provided at the inspection, a delivery was made to a UST at an unpermi tted faci\ ity on October 19, 2017. Do not deliver fuel to this facility until a valid operating permit has been obtained by the owner.

State of North Carolina I l:nvironmcTital Quality I Waste Man~emern 21 7 West Jones Stroel I I M6 Mail Service Center I Roleii;h. NC 27699-l 64G

919 707 8171

.• ,lt,!f.- #r-~•:<· .• ffl1l ,;\ ~~·. ·· .. - .

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Assessment of civil penalties may be recommended for violations described in this NOV. If you believe that the inspection findings are in error, or if you have any questions pertaining to this NOV and/or corrective actions please contact me at (336) 595-8214 or [email protected].

Enclosures

Sincerely,

Jenny Lilley, Environmental Specialist Division of Waste Management, NC DEQ

cc: Michael Phelps w/ Enclosures (electronic) Files (electronic)

Page 48 of 58

.... .. 12/11/2017 USPS.com®- USPS Tracking® Results

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Tracking Number: 70171000000084314471 Remove X

Expected Delivery on

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by 8:00pm©

November 1, 2017 at 2:41 pm DELIVERED, FRONT DESK/RECEPTION OAK RIDGE, NC 27310

Get Updates v

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Tracking History

November 1, 2017, 2:41 pm Delivered, Front Desk/Reception

OAK RIDGE, NC 27310

Your item was delivered to the front desk or reception area at 2:41 pm on November 1, 2017 in OAK

RIDGE, NC 27310.

November 1, 2017, 8:04 am Arrived at Unit OAK RIDGE, NC 27310

https:/!tools.usps.com/go/TrackConfirmAclion?1Ref=fullpage&ILc=2&text28n7=&ILabelsc::70171000000084314471¾2C

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Page 49 of 58

Lnvironmenta · Qucility

Printed: 10/27/201711:31 AM Inspection Result: Failed Prt·11 cf N a ,a nsoe, ,on: 0

Faciltty ID: 00-0-0000018890

North Carolina Department of Environmental Quality Underground Storage Tank

UST-10B

Inspection Date: 10/24/2017 mvean 8' pa ,mes: -A . d D rt T" 10 45 AM 11 30 AM lnsoector Jenny Lilley

Facility Name RADHA KRISHNA FOOD MART lnsp .. Type Compliance Facility Address 613 NORTH A YERSVILLE ROAD Reason{s) Routine Compliance

MADISON, NC 27025 Location 36.39789, -79.97118 Rockingham County 12/31/2016 Located facility, USTsonsite

Permit Exp.

F'a-CiHtv Phone

CONTACTS Contact Type Contact lnformatJon Owner NIPIN PATEL, 613AYERSV1LLE ROAD MADISON, NC27025-1503, Phone: (336) since 9/5/2014 548-6052 Manager NIPIN PATEL, 613AYERSV1LLE ROAD MADISON, NC27025-1503, Phone: {336) since 9/5/2014 548-6052 Owner Auth Rep NIPIN PATEL, 613AYERSVILLE ROAD MADISON, NC27025-1503, Phone: (336) since 9/5/2014 548-6052

OWNERSHIP CHANGE I New Owner I Change Date I Basis I TransferofOw-nershipForm (UST-15)Submitted

EMERGENCY RESPONSE Emergency response li)lacardwith emergency response operator contact information is posted in the dispensing areas if the dispensers are left on without a,n attendant present?

l'VA

OTHER PARTICIPANTS

I :::SA PA TEL NER'S FAll-lER

INSPECTOR COMMENTS Type Date Comment Tank 10/27/2017 1. STIP-3 TANKS AND FRP PIPING VERIFIED BY LETTER DA TED

05/12/16, SIGNED BY INSTALLER, TIM STANLEY. COPY IN TIMS. Corr. Prot. 10/27/2017 1. UNABLE TO ACCESS DISPENSERS. LO Piping 10/27/2017 UST-19 DA TED 08/14/13, SIGNED BY MIKE COLLINS OF COLLINS

PETROLEUM. COPY IN TIMS. Permitting/Unpermitted 10/24/2017 PERMIT EXPIRED Deli.eries

ADDITIONAL INSPECTOR COMMENTS 1. STIP-3 TANKS AND FRP PIPING VERIFIED BY LETTER DA TED 05/12/16, SIGNED BY INSTALLER, TIM STANLEY. COPY IN TIMS.

TANKS AND PIPING INFORMATION Tanks Tank #1(A 1-REG) Tank #2(A2-PREM) Tank #3(A3-MID) Tank #4{A4-KERO) Tank ID A1 -REG A2-PREM A3-MID A4-KERO TIMS Tank ID A1 A2 A3 A4 Is tank reoistered? Yes Yes Yes Yes Date tank installed 8/1/1991 8/1/1991 8/1/1991 8/1/1991

Pagel of9 10/27/2017 11:32 AM

Page 50 of 58

UST-10B FacilitylD: 00-0-0000018890

Tanks Tank #1 (A 1-REG) Tank #2(A2-PREM) Tank #3(A3-MID) Tank #4(A4-KERO) Capacity ofTank in 8000 6000 6000 2000 Gallons Tank I Product use Motor Fuel Motor Fuel Motor Fuel Motor Fuel Product stored rn I ank Gasoune, Gas Mix Gasoline, Gas Mix Gasoline, Gas Mix Kerosene, Kero Mix Product uetail Regular Premium Mid-Grade If hazardous substance, CAS# or description If other, description Tank Status Current Current Current Current Tank closure report submitted Date tank last operated Inches of product in Tank Manifolded Tank No No No No Man110Ided with tanks New lank System Yes Yes Yes Yes installed in accordance with NC or Ml Tank Construction Single Wall Steel Material (DW required

Single Wall Steel Single Wall Steel Single Wall Steel

after 11/1/07) If other, description Tank Unknown Unknown Unknown Unknown Manufacturer/Model If other, describe rank material venfied Installer Letter Installer Letter Installer Letter Installer Letter by Date Pioe Installed 8/1/1991 8/1/1991 8/1/1991 8/1/1991 Was UST Piping No No No No Installed on or after 11/1/2007? Piping Construct10n smgle Wall FKI-' Material (DW required

Smgfe Wall FRP Single Wall tKt-' Single Wall FRP

after 11/1/07) If other, description Pipe Unknown Unknown Unknown Unknown Manufacturer/Model If other, describe Pipe matenal -.eritted by Installer Letter Installer Letter Installer Letter Installer Letter It t:-blend > 10% or NIA NIA N/A N/A Biodiesel Blend > 20%; Was UST-20 completed and appro\ed?

CORROSION PROTECTION Tank Col'l'oeion Tank #1(A1-REG) Protection

Tank #2(A2-PREM) Tank #3(A3-MID) Tank #4(A4-KERO)

DWM notified of current Yes Yes Yes Yes CP method lntegnty assessment No No No NO performed after 3/1/06 CP Method 1 Sacrificial Anodes Sacrificial Anodes Sacrificial Anodes Sacrificial Anodes if other, Description CP Installation Date 8/31/1991 8/31/1991 8/31/1991 8/31/1991 CP Method2 if other, Description CP Installation Date

Page 2 of9 10/27/2017 11:32 AM

Page 51 of 58

UST-10B Facility ID: 00-0-0000018890

Tank Corrosion Tank #1(A1-REG) Tank #2(A2-PREM) Tank #3(A3-MID) Tank #4(A4-KERO)--Protection Flex Connector, Piping Elbow Elbow Elbow Elbow Ext ens ions, and/or other metal fittinqs Present Flex connector isolated NIA NIA NIA NIA from ground Source of verification of Visual Visual Visual Visual CP for Flex Connectors, piping extensions and/or other metal fittings if otner, Descnpt1on Submersible pump(~ II-') N/A N/A NIA N/A is isolated from ground Piping extensions and/or Yes other metal fittings are

Yes Yes Yes

isolated from oround Flex connector, SlP N/A and/or other metal fittings protected from corrosion

N/A N/A N/A

Corrosion protection Isolated method

Isolated Isolated Isolated

Flex connector, Pipng extensions, and/or other metal fittings CP Installation Date Dielectric Coating Yes Installed (If tank installed

Yes Yes Yes

after 12/22188

Tank #1 A 1-REG) Tank#2 -PREM Yes Yes

Tank #~. A3-Mt0 Yes

Tank #4 4-KERO) Yes

FRP Piping FRP 1pmg FRP Piping FRP Piping

Diso:enser Corrosion Protection Di$penser#1 (1/2) Disoenser#2(i<1~ l)jgoenser #313/4) Flex Connector, Piping Extensions, and/or other Unknown Unknown Unknown metal fittinqs Present Flex connector isolated from around Unknown Unknown Unknown Source of\.erification of CP for Flex Connectors, piping extensions and/or other metal fittings

Not Verified Not Verified Not Verified

if other, Descnpt1on P ipmg extensions and/or other metal fittings are isolated from qround

Unknown Unknown Unknown

Flex Connectors, Piping extensions and/or other No metal fittings protected from corrosion

No No

u,rros1on protection method Flex connector, Piping extensions, and/or other metal fittinas CP Installation Date Source of Information for \.erification of corrosion Not Verified orotection for Riser pipe and other metal oioinq

Not Verified Not Verified

if other, Description

[cP Conclusions

Page 3 of9 10/27/2017 11:32 AM

Page 52 of 58

Faclllty ID: 00-0--0000018890

CP Conclusions CP Requlrements Met? Yes

Issues

CPTests Test#1 Applies to Tanks #1(A1-Kt:G), #2(A2-PREM), #3(A3-MIU}, 114(A4-KEH.U) Portion of System Tested Tanl<s Date of last Corrosion Protection 7 est 9/17/2015 t.;t-' lest Res ult Pass Was CP Test done in accordance with National Yes Standard? CP Tester Name TED URCINOLA Certificate Number 100924-208R CertifyinQ OrQanization SEE CP Testinq Comoanv Name NlM CP Testing Company Phone (800) 643-8265 As Left Voltaqe As Left Current UST7 form for last CP test sul:mitted to DWM Yes

SPILL PREVENTION j Has MM been notified of spill methods? I Yes

Tank #1(A 1-REG) -· Tank #2(.A2-PREM) Tank #3(A3-Mf0) Tank #4(M-KER0) Spill/Ovemll Detail:s Is a drop tube present? Yes Yes Yes Yes Type of Stage l \Bpor reco-.ery?

Dual Point Dual Point Dual Point Dual Point

Local Fifi Tank #1(A 1-REG) Tank #2(A2-PREMl Tank #3(A3-MID) Tank #4(A4-KE:RO) Does Tank ha-.e a No No No No Remote Fill? Spill Protection Catchment Basin Catchment Basin Catchment Basin Catchment Basin Is spill pre-..ention Yes equipment provided and

Yes Yes Yes

1.erified? Manufacturer/Model Unknown Unknown Unknown Unknown If other, describe Spill bucket is double- NIA walled? (If installed after

NIA NIA NIA

11/1/07) Spill bucket is isolated or N/A made of non-corroding

NIA N/A N/A

materials? (If installed after 11/1/07) Date spill prevantion 8/31/1991 oro\i"ded

8/31/1991 8/31/1998 8/31/1991

Is spill prevantion Yes operating properly?

Yes Yes Yes

If No, select all that apply If other, describe

OVEH=ILL PRE:VENTION I Has DWM been notified of overfill methods? I Yes

Ovarfill Contn;:,I Tank #1(A1-REG) Tank #2{A2-PREM), Tank #3(A3-M ID) Tank #4{A4-KERO) Is 01.erfi!I pre1.ention Yes Yes Yes Yes equipment provided

Page 4 of9 10/27/2017 11:32 AM

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UST-10B Facility JD: 00-0-0000018890

O-.erfill Control Tank"#1 {A 1-REG) Tank #2(A2-PREM) Tank #3(A3-MID) Tank #4(A4-KERO) and \.erified? Date o...erfill control 8/31/1991 8/31/1991 8/31/1991 8/31/1991 provided Type Of oi..erflll Auto ::;nutott UeV1ce Auto ::;nutott uell!ce Auto ~hutott uev1ce Auto ::;hutott De\-ice equipment Source of Visual observation Visual obser.ation Visual obseMtion Visual observation infom,ation for overfill control -.erification If other, describe Is overfill control Yes Yes Yes Yes operatinq properly? If No, select all that apply If other, describe Annual o-.erflll check date(lf installed after 11/1/07) (UST-22A) Annual overfill check results(UST-22A)

Disl!>enser &Jmos Dispenser#1(1/2) Dis censer #2(K 1) Oisoenser #3(3/4) Are containment sumps present? No No No Installation Date Sumo Manufacturer If other (Specify) Sump Construction Tvoe Sumo Construction Material If Other (Specify) Are containment sumos monitored? Is monitoring reauired oer2N .0900? No No No Piping components and/or STP were No No No installed/replaced on or after 11/1/07? Are spills or small weeps e'Jident rn sumps? Are s rngle wal I p1p1ng components Jocateo in containment sump? (If installed after 11/1/07)

Other Sumps Sump#1 (REG TI) Sump#2(MJO Tl) Sump#3(PREM Tl) Sump#4(KERO TI) Are containment sumps NO 0 NO NO present? Installation Date Sump Manufacturer If Other (Specify) Sump Construction Type Sump Construction Material If other (Soecify) Are containment sumps monitored? Is momtonng required No No No No per 2N . 0900? Piping components No No No No and/or STP were installed/replaced on or after 11/1/07? Are spills or small weeps No No No No e-.ident in sumps? Are single wall piping

Page 5 of9 I 0/27/2017 11 :32 AM

Page 54 of 58

Facllity ID: 00--0--0000018890

OtherSum s components located in containment sump? (If installed after 11/1/07)

SITING AND SECONDARY CONTAINMENT

Sump#3(PREM

Siting And Tank #1(A1-REG} Tank #2(A2..PREM) Tank #3(A3-MID) Sec ContaiM1Blt-General

system upgrade NIA A with corrosion protection, spill and overfill before 1/1/91?

system and/or p1pl'l] o No are located within siting and secondary containment areas?

an - , ot er, s ci

Tank #1 A1-REG Yes

Tank #2 A2-F>REM Tank #3 3-MtD Yes Yes

Piping - Primary lea< Exempt (European Exempt (EurQpean Exempt (European detection method St le St le St le Piping - if other, specify

,ping - Primary 91 1 lnstall date Piping -Secondary leak detection method Piping - if other, specify

PIPING LEAK DETECTION

Page 6 of9 10/27/2017 11:32 AM

Sump#4 KERO

Tank #4 A4-KERO Yes

Exempt (European St le

Page 55 of 58

UST-10B Facility ID: 00-0-0000018890

European Su.Gtion Tank #1 (A 1-REG) Tank #2(A2-PREMJ Tank #3(A3-MID) Tank #4(A4-KERO) Requirements for Yes Yes Yes Yes European suction piping \erified? Source ot I mormation tor UST-19 UST-19 UtiT-19 UST-19 European Suction verification. If other, specify

AUTOMATIC TANK GAUGE .-A TG Systems ATG#1

A TG Manufacturer/Model INCON/Frank Fuel: TS 1000 SCALD If other, describe A TG Third Party Certified? Yes Is A TG console operational? Yes Tanks #1 (A 1-REG), #2(A2-PREM), #3(A3-MID), #4(A4-KERO)

A TG Montl}ly LO Tank #1 (A 1-REG) Tank #2(A2-PREM) Tank #3fA3-MID) Tank #4(A4-KERQ) 2017 Oct None None None None L.Ut7 ::;ep None None None None 2017 Aug /-'ass Pass Pass Pass LU"I I JUI None None None None 2011 Jun Pass None Pass /-'ass LU17May Pass Pass Pass Pass 2017 Apr Pass Pass /-'ass Pass ~017 Mar /-'ass Pass 1-'ass t-'ass 2017 Feb Pass 1-'ass Pass Pass 2017 Jan Pass Pass Pass Pass LUloDec Pass Pass Pass Pass 2016 NOV Pass Pass 1-'ass t-'ass

A TG Conclusions Leak Detection Requirements Met? No

-

Do the results indicate a suspected release? No Issues 0.2 Test not conducted for 3 or more months (LD1*), Records not

available (RCD5)

TRANSPORTER/FUEL DELIVERY INFORMATION De~\ery Information Tank #1(A1-REG} Tank#2(A2-PREM) Tank #3(A3-MID) Tank #4(A4-KERO) All deliveries made to No No No No permitted tanks

I Address 7 ,--.

Transporter lm.olce# Date Product Amount(gals) Haz Verification Person Affiliation Product Method lnter\4eWed

GASTOWN 10/19/2017 Regular 4409 -

Bill of

Page 7 of9 10/27/2017 11:32 AM

Page 56 of 58

UST-108 Facility ID: 00-0--000 0018890

-,moice# ..

Transporter Date Product Amount(gals) Haz Verification ·-·-- -

Person Affiliation Product Method lrltef"IAewed

12:00AM Lading

Page 8 of9 10/27/2017 1132 AM

Page 57 of 58

•

UST-10B Facility ID: 00-0-0000018890

SITE DIAGRAM 1

Building

~SVILL~---__._....._._._ ___

00-0-0000018890 on 10124/2017

Page 9 of9 10/27/2017 11:32 AM

Page 58 of 58

Documents

CASE BACKGROUND AND ASSESSMENT - North Carolina Management Commission/E… · • 11/01/2017 • 02/05/2018 • 02/09/2018 REMISSION REQUEST • 03/01/2018 • 03/08/2018 • 07/30/2018