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Source: NCDEQ, 11/2/21
The North Carolina Department
of Environmental Quality (DEQ) today filed a Complaint and Motion for
Injunctive Relief in Mecklenburg County Superior Court to force Colonial
Pipeline to meet their obligations as the responsible party in the state’s
largest gasoline spill. As outlined in the complaint, Colonial has failed to
provide DEQ with essential information required for the appropriate remediation
at the site. “Colonial owes it to the people of North Carolina to cooperate with DEQ and be forthcoming with the information required by our statutes, starting with an accurate estimate of how much fuel was released into the environment,” said Secretary Elizabeth S. Biser. “DEQ is committed to holding Colonial accountable and we now seek a court order directing Colonial to comply with their obligations to cleanup and restore the communities impacted by the release.” The
release was discovered in August of 2020 in the Oehler Nature Preserve in
Huntersville. To date, Colonial has recovered more than 1.23 million gallons of
petroleum product from the site, but has failed to provide DEQ with an updated
volume estimate of the release. Despite requirements to do so, Colonial has not
satisfactorily defined the vertical extent (depth) of petroleum contamination
in soil and groundwater at the site and has not fully investigated the extent
of per- and polyfluoroalkyl (PFAS) contamination at the site related to the
response activities. The
complaint seeks a judicial action requiring Colonial Pipeline to take the
following actions:
- Remove, treat or
control any source of petroleum, PFAS or other contaminants that have the
potential to contaminate groundwater;
- Provide DEQ with a
current, revised estimate of the volume of petroleum released;
- Submit a
comprehensive conceptual site model for both the petroleum release and the
PFAS contamination;
- Complete site
assessment activities, and submit and receive DEQ approval for a
corrective action plan and proposed schedule for implementation;
- Conduct monthly
sampling of nearby surface water for petroleum, pH, conductivity,
dissolved oxygen, Volatile Organic Compounds, total lead and PFAS at
locations determined by DEQ; and
- Provide evaluations of Colonial’s leak detection system statewide, provide locations of all pipeline Type-A collar repairs within North Carolina and remove or replace them with approved alternatives if necessary. Colonial has cited corrosion related to a Type-A sleeve repair as the cause of the Huntersville release.
This
Complaint/Motion for Injunctive Relief does not preclude DEQ from imposing
civil penalties for any violations related to the release or from taking any
future enforcement action against Colonial Pipeline if new information
indicates additional enforcement measures are warranted. The Complaint is
available on the DEQ website at: https://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/colonial-pipeline-spill-information-huntersville-nc.
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