In July 2017, North Dakota Department of Health requested that the line from the curb stop into your building be replaced with a line constructed of material that is impervious to hydrocarbons and any excavated contaminated soil be properly disposed. It is our understanding that this work has not been conducted.
It is necessary to resolve the Site?s status as a LUST site to determine whether the release currently requires cleanup or the petroleum hydrocarbons and hazardous constituents associated with the release have naturally attenuated. The UST regulations at 40 C.F.R. part 280, specifically subpart F, require that the owner or operator of USTs determine the extent of the release and, if required by the EPA, develop and submit a corrective action plan.
In September 2017 we requesting that they perform a site investigation to determine the extent of the release and submit the report within 60 days? receipt of the letter.