North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .2000 - OIL OR GAS SITE EXPLORATION AND PRODUCTION WASTE MANAGEMENT › Section 05H .2005 - SPILLS AND RELEASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Chemical spills
				  and releases shall be reported in accordance with applicable state and federal
				  requirements, including the Emergency Planning and Community Right-to-Know Act
				  set forth in 40 CFR
				  350-372, the Comprehensive Environmental
				  Response, Compensation, and Liability Act set forth in
				  40 CFR
				  300 and
				  302, the Resource Conservation and
				  Recovery Act set forth in 40
				  CFR 239-282, the Clean Water Act set forth in
				  40 CFR
				  100-149,
				  G.S.
				  143-215.75 through 215.104U,
				  15A NCAC
				  02B, and 02L, as applicable, which are
				  incorporated by reference, including subsequent amendments and
				  editions.
(b) Spills and releases
				  of E & P waste shall be controlled and contained upon discovery to protect
				  public health, welfare, and the environment.
(c) The permittee shall be responsible for
				  controlling, containing, and remediating any spill or release.
(d) The Department may require any cleanup
				  activities it determines to be necessary to protect public health, welfare, and
				  the environment based on the type, size, and extent of the spill or
				  release.
(e) Spills and releases
				  shall be reported by the permittee as follows:
(1) spills and releases of any E & P
				  waste that exceed a volume of one barrel per incident, including those
				  contained within lined or unlined berms, including containment systems, shall
				  be reported on Form 26 - Spill and Release Report in accordance with Paragraph
				  (f) of this Rule;
(2) spills and
				  releases that exceed a volume of five barrels per incident of any E & P
				  waste shall be reported by telephone or email to the Director in accordance
				  with Rule .0201 of this Subchapter as soon as practicable, but no more than 24
				  hours after discovery;
(3) spills
				  and releases of any size that impact, or threaten to impact, any waters of the
				  State, high occupancy buildings or occupied dwellings, livestock or public
				  roads shall be reported by telephone or email to the Director in accordance
				  with Rule .0201 of this Subchapter as soon as practicable, but no more than 24
				  hours after discovery; and
(4)
				  spills and releases of any size that impact, or threaten to impact, any surface
				  water, water supply area, or water supply intake shall be reported to the
				  Department in accordance with Rule .0201 of this Subchapter and the appropriate
				  local emergency management coordinator in accordance with Rule .1305 of this
				  Subchapter. These spills and releases shall be reported by phone to the local
				  emergency management coordinator, Department, and water supply facility within
				  two hours of the discovery. This initial notification to the local emergency
				  management coordinator, Department, and water supply facility shall include a
				  description of actions to be taken to mitigate the spill and release.