RALEIGH – The North Carolina Department of Environmental Quality (DEQ) today filed a proposed Consent Order for entry by the Mecklenburg County Superior Court to hold Colonial Pipeline accountable as the responsible party in the state’s largest gasoline spill. The Consent Order, if approved by the court, would require Colonial to take specific remedial actions and pay nearly $5 million related to the August 2020 fuel release in the Oehler Nature Preserve near Huntersville.
“The Consent Order requires Colonial to meet its obligations to the communities impacted by the release, starting with an accurate accounting of the spill volume,” said Secretary Elizabeth S. Biser. “This release is on track to be the largest onshore spill in our nation’s history and the order holds Colonial accountable for the necessary cleanup to restore the environment.”
In November 2021, DEQ filed a lawsuit seeking injunctive relief regarding Colonial Pipeline’s obligations to address the release. Colonial has agreed to the terms in the proposed Consent Order filed today. The company is required to provide an updated estimate of the volume of gasoline released. To date, Colonial has recovered more than 1.4 million gallons of product from the site. In April 2021, DEQ required additional actions when the data showed the previous estimate of 1.2 million gallons was not accurate.
The terms of the proposed Consent Order include a civil penalty of $4.5 million plus $250,000 in investigative costs and additional stipulated penalties for failure to perform activities or meet the required schedule. By statute, collected civil penalties are sent to the state’s education fund.
Additional terms of the proposed Consent Order include:
- Providing a revised Comprehensive Site Assessment addendum with revised conceptual site model for both the petroleum release and soil contamination;
- Conducting quarterly sampling for PFAS in specific monitoring wells;
- Developing a plan to assess the free product (gasoline) in bedrock, including the construction of 5 to 15 additional bedrock wells;
- Conducting monthly surface water quality sampling and reporting;
- Submitting a Corrective Action Plan and proposed schedule; and
- Continuing monitoring, remedial action and reporting.
The parties have submitted the proposed Consent Order to the court. If the court determines a hearing is necessary, it will be scheduled for July 26 in Mecklenburg County Superior Court. The proposed Consent Order and other documents related to the Huntersville release are available here.
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