NCD003202603_20100523_Ward Transformer_FRBCERCLA RMVL_Removal Action 3 of 4-OCR

NCD003202803
Ward Transfor ■ner
Removal Action,
3of4
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. . · :: Winston A. Srn.itli:, Director .
"::· Waste Management Di~ision
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Site ID#: A4S4
I. PURPOSE: :
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The p~rpose of this Action Memorandum is 10 request and document approval of the : . ; .
I' , ; I j , • ' 1 • , - - • , • , , , · ; , ,< < . pro,11osed removal acuon descpbed herem for the.Waid Transformer Site {the,Site) in,,,,.,: ..
' \ \' ;, ' -' • I-, · ., '' " '· ' ' ' 1 ' " " ' , ' '· . :, ' ., • ,Rateigp,: ~ortli Carolina. The Site,was listecl,on the .National Prioriti~s U~t ~L)j:in : .; ·· 1
· .. 'April 30; 2003. Sample collections activities for the EPA lead Remedial hiv:estigiition' '.'!i\ ·'
. '.' .' (RI) bdgl\!1: in ~prii 2003 .ilid. ~sul(~lfrom the .inv~tigajfon p,t do~umeni~ci)~•tlie ~1;:);:£ , , 1 . • ri;port ~at9p S~ptember 2004. Th~,mvesng'!-tton confif111ed (he presenc,e of ~.azard~us .. I';
subst:in~e~ in ~urface $Oils, sedimeii\s and fish .. This Site w,iis referr~d. to, EPA's 1: h\ 1 ·
. Emerg~,nfY. Response and, Removaj J:!ranch (ERRB) by,EPNs Su~rfund R,~media\ and,;; 1;1,,,1, ,, : .•
Site Evaluation Branch in July 2004:for a removal assessment. · "'• · ·.,,. • · · ·
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· SITE CONDITIONS AND BACKGROUND: 1. .
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CERCLIS ID Number: NCD 003 202 603
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Al 1·Site Description:
L Removal Evaluation:
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. ,;f\le Site consists of an acti\~. facility owned by Ward Trarjsforrrier Comp/iriy, Inc'., .
: 'and operated by Ward Transformer Sales and Services, Inc .. It was built on·. · ', . ' , ' ' , , ' ' ,. ' .. '.·t;:.·. ' : -,-, ' ' . . ' , _,. ,: '' ;• ' ..
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fi&eyel&a1A6cyi:.:l.1tihi1 .. Pnnled with VGge!able Oil 8ased Inks on Rec;ooo P~r {Mfmmurn 30% Postconsumor) . '
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1 1 , • : • 1 ·1 ! I ) ~ •, ' - • I, · ' :, ~ ' _. ; ' I . j_ , I ,' j , I I : ' '1,. '1 ' , ' ! '' . . ~ .. , · .1. State and Local Actions to date: . . . ., . , . ·. ·,: · · ·; ·· ',.,, , l. ': ·, •, :· ·.l ··?T • '! f)_i.i1ti·: ·1···:,:;·::, -;~:~. -",::,~; ·,,-.;: ~ '.·•:.>;.;·:·.'.);,.;: __ i·, ... i>,(.'.;,f)/;.!•:~·!,;il' .. ~:.):it~\:.\'/\\1. -·~:::>·::!:
1.; \i 1. • ;: . ; , •1 ., ::! ·• . ,., .:;: \ . ~, l'l'~J?ENR; cond.ucjed rqe, i~.i~ial;sit~ ip.~e~tiiati.~ns i~plild_ing a_J:'reli~n,il;l:Y(;j, . · ; .. ; : . ; -;, . · .. ir/ ·, '. !'.,.:,, ' i'. ·. : .:f :1iib:1 •Assessment (PA);•Site Inspection (SI) and Expanded' Site· Inspection"'° ,ci;::i.i::,, .: '·' ': .. , '
. ·) ::-: -; ·: . }(!},; (ESI) t~ ~blleci eno\Jgh informatioii' to1prepare the' H~iJd1Rankiiig .'':' i'": :: i: :. '! ; '
• '' ' I• ' • • F •• I • "' I : • 1' ' • • · ' I• l , , ·: • 't .. , l, • , , ,, , ·, , 1 , l_ ~-... • ,• 1, , .,. , 1 , , ,\ t!.J:.,, \J: , . : ;:_,it,\• ,1 !i)1'ti ·, · .-i. Syst~ni ~ljf,S) p~~k,ag~ f~r.~pe Site'., ~e: \<:,: the ~g~ ~~.Sjc,or~: thtS,i~C;,\.>_.; ,, i ,:;.:: ,.:l';:' :._''. L' ,•:'· i",:_'·:i.1r 1i'.::::: ... wasreferr:e_d_toE~fs:,su~rfundRemedi~andS1teEvaluat1onBran,ch:-_:.!' .· .,,. · ,··\''' ,·, r:J 1.,, •. , foraRemed1allnvesugat1on. ..:, '· · \.:·, :. •:·i•/c-1:,1.•.:,, ,;,., .....
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mber 8, 2◊;~, the s:ate of No~~ 'Carolina Departmhnt of H~~ili. . . . , .
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, . . ,, .. · :,. ; '.; ,);::,, . .reaches of Li)\le ~11,er C~qeis an,d. th~ B,ner C~~k R,~~-f:rvs>.µ;. dpi:: ~'.i', 11!~~:,;, ;: {,,'{i:;, ,, .. ; '.
: 1 : · • f·; .. ,.. levels of PCBs detected ID fish samples collected dunng the Remedial,;:,:,:·. ·
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.:":l, ; r ;I , ~ 0~ May 7( 2004, t?~ State o~North Carolina Departn1enti°f,Jteal~ ~d;
.'. ::-i, . Human Services issued a second fish consumption advisory foi' Brier . ' 1 · ·
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l ' '. , , / · '• i l, Creek and Lake Crabtree due to high levels of PCBs detected in'fish · :
samples collected during the. Remedial Investigat.ion, , · ' : :':-. ; , i. ,,; : : ,, ··
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• EPA arid NCDENJ( continue to work together at this !Iit~_" '. ;. ·.' . ·. i;°: ,,';, . ..:..·>i):·•;, ., -.·; ·, ,. ·r~~. '·;t ./ ,~•., .·.-:i.:'•I ·::-:·f!~\:i::,.:f:'.··1,_:1·:;;:._1 ... :"·
. ,.'(. . • : -: • : :;_, • ; ..... :·' , ' ~ ,.;•[ )'.<'. _.,,:•,,, T :Iu.. THREATS TO PUBLIC HEALTH OR ·WELFARE ORTHE ENVIRONMENT;:'.; ·· AND stATuToilv A.No REGULATORY AUTHORITIES ·· · ·; •' · · ; i; ,: ... n
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A,,,.ThreatstoPubhcHealth·orWelfare: , ,·, , . :· , ·, .... l11•ii:1· .. ,,,'··, ,,.:··,·.;1:•.-;. :: .,., .i'
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.. Elevated levels'of PCBs present iri'on-site soils pose the following threats' to. . . •. ·: · .· ..
L . , : :: ,•p~blic health or_ welfare asil{sted in Section ~QQ.415 (b)(2)
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. : Hazardous Substances Pollution Contingency Plan (NCP). ' ' , : : . ' .. • . ·/ :.. . • · .·\t;/): . '.' '.1 I' l < :'.'.~ '.,,: ... :•: i . .' :' ,: . :,: ,· .. ··:·,\l.i;.•·< '.'.1·:i,:,~: }i:/'t:'.i'.!:;\1"".··l{,:I·, '<• I
i ·. ~:.sectio~ 3r0.4J.5 (b)(2)(i):,1ctual or_p~tentif/ expo_sure to_ n,earby .IJu,mf!'! .. /!, ' :. ·:• · .
· ·;populations, animals, or the food chamfrom hazardous substances or1 ... 1 • • l· ' ,· • • ' ., • , ,, ; ( P,q,llu~ants or, contf!minanrs. Surface soils ar~ com~na~~4. :-V,i\tj :~le:,:ateg levels , ·. ,, .
. of PCBs (up to 1,700 ppm).•'ATSDR's initial release of its Public Health· . , ·
... A~sessment for the Site concludes that exposure of Site workers to high PCB'•,.! I
1: concentrations in soil could contribute lQ all increase theoretical risk of·:' : ... ·. I ..
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· ·oeveloping cancer, . , . . . . : : : ··l •·
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· ·, Elevated PCB levels in soil from the Ward Transformer facility c6iuinues to be a
source of PCB contamination to sediments and fish from the Unnamed tributary .
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. :· PCBs found in sediment 'and fish along the Unnamed Tributary.to Liqle Brier · · , ,
, Cree~, the lo;_,er;reachefot'L(t~e B!ier 5re~k, t~e Bptir.Cr~;k ~~i~t;".~{;~pfr'.;:' ; ; :·:' · · : .
. . : . Cree~, and Lake, c,rnbtree ir,d17ate fhat ~1¥~fiF,F:\;C:!3.,~o~t~nru~r 1~:.IIll1·· ~gn~? .: ·'.' ;. ; .'. .,, J'
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~B 1Threats'toiheEnvironDlent:·1 ·f~,,f. ~~:-·:,1•i,) . .i; 'r,:·~tA~l~:JJ~-~ .. :t•,~.(i."1•''":~;,-<,:~~1·· '. •," \'
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... , . 'Elevated levels of PCBs P.re,~ent ii!. on-site ~oi)s pos~ the [oUo~/~g ~';a,!~ t<?',':,,::,i. ;,: ,;.. ·
.. : :'.P~bli,~ hea;lth. or ,welf~~ as:~s.t~d }9 .s~cti9n }99.'\ l~,. (b )(2~. of th~,~~tiqq~! ~ii a.p~ ; .J, 1., • ·,: ,! .\
·. Hazardous Substances Polluuon Contingency Plan (NCP):. . . · · I· , . ·, ·
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,, -Section 300.415 (b)(2)(i/Actual or potential exposure 10: nearby hu'ma~ .. , ,.. , '. ,. .,, • , ,' , , ' . •.. , · •l r' ·, I' t, ;'••!· populations, animaJs,. or th.e food chain from hazardous substances or '· · , '
pollutants or contaminantS: Elevated PCB levels in soil from the Ward . ·
,: . Transformer facility continue to be' a source of PCB contamination io sedlrnents ...
, iand fish froll?, the. Un~amed(ribuiary to, yit1~ Brie~ Cr~k, .t~e lq~~r.re.~~~~s, cij:,,i ,~k , ,
. Little'Brier Creek, the Brier Creek Reservoir, Brier Creek. and Lake.Crabtree ... ·' , , .
Results from the Remedial Investigation and the Screening'Levei'E2ological Risk .. :
' ·,Assessment (SLERA) indicate that PCB leveis' in w~ter/sedim~nts)n' the' above~:,. ·: · I ,,, ' ' •• ·.,·' :.,,
' ' ' ! ' ' ' ! , j l' I ~ ' ' J. ' < ,, • • • , \ 1, . . . mentioned·water bodies are already at concentrations high:eriough such that they :'· .
, 'I . -. ·• ' •• ' •· !. " I , ipay pose a ris~ to piscivo~ous m~als and/o,r bir~. · · , _ .,
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Section 300.415 (b)(2)(iii) 'Hazardous substances or pollutiin'ts of'conta.,;.inants • .. , · · ·
·, t ' ' ', ' ' I·'•. J I', l• 1, •· '.' . j• : in drums, ba"els, tanks, or other bulk storage co'ltainer, that may pose.a threat· , . , _ , I ,, -• , , . 11 · .. '!/release. The ston11 wat,er. lagoon was ~uilt,in 1972 anq is l.o~ai,,ed O[!.t~': •: .. ·. ,,i . 1 . , 1 ,,. : , •. ,
.:·southern portion of the property. The dam sid~ of the lagoon is directly ! ,, , .:.• ,; ,. , • · , .. , · ,
· up gradient of the Unnamed Tributary to Little Brier'Creek: The ·lagoon volume is
1 , , ; ~stin_1ated to be 14.3 acre-feet or 32,073: cubic yards and it~d,ept~.i~, p~~iip~ie~/~,J; ,t,° ' >'' ... ,
be a:round 8 feet. Sediments in the lagoon contain PCBs with concentrations as. . _! •
: high as 2,900 ppm. The integrity and remaining useful life ofthe·Jagoon is not.' i · .
·known. Results from the Remedial Investigation and the Screening Level: . · '
. ',Ecological,Risk A~sessment (SLERA) indicate that PCB leve!s'iil 'I , •. :i ,.,: :,,, '. ::': ',,,·
'. water/sediments from the w'ater bodies dowrigradient of the lagoon 'are alieady at . . .
· :' co~centrations high enough .such that they may pose a risk to· piscivorous · · · ·
mammals and/or birds. ' :
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-Section 300,415 (b)(2)(iv)'High levels of hazardous substances or pol/11tants or ... , f, • ' • • ~ ; •• · • • -. , ' . , , • .t -,, · , · • . ,, . · " ·1 • . '. contaminants in soils largely at or near the surface that may migrate. Elevated : .
. ;PCB levels in soil .from the Ward Transform~r'facility ~ohtlnu~ to be•a ~o~r~tcif ,.: : I •• ,,. '
I j '1, ' • ' • • • • ' '. • ' ) I •• •, • '. '! • . • •' /' ' ; :. • PCB containinatioh to sediments.and fish from the Unnamed Tributary to.Linle ..
; Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir,
., :, Brier Creek, and Lake Crabtree. Results from the Remedial Investigatio~ and the
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.. ~cr.e~ning ,Level Ecological'.Risk Assess\11ept (S,1-E,fA) i!1di~~te :C~a,t_?<;:~j~y~i~,. ,. ; . ., :'
. \11 water/sedi~ents.from \he ~~ove~rpent_10ned. wate~ ~?dies are ajready~t 1. :. :: ,:1: · .. , ,.
· 1, concentrations high enough such that they may pose a risk to piscivorous. :· ,; · · ·
•! ' • ' •' > -II > • • '"' ' , ' ' ,• •< 1 ,I •• -~ ,;:·maminals and/or birds •: ,t . •.' -\ ' I ' • ' • J 1 • '. ·i.' ,•' ... f 1· ."1 ' !' :· · • . .. ;' f, , , 1', . : • . ,' , : .-.rl ', ,; I, f'•': I . ,
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:. ' -'section 300.145·(b)(2)(J)'.Weathercondition~ that may CQU$6 hkiriI~t; ·:.\r:: ·;' :·:
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1: ", su_bstancef or poltuta~ts .o~ contam!nants to m1g,;atl! ~r be,rdfl~~d._ ~~y p,e~vy 1 1 ' , , . : . t
-:.; , :~n accel_erate~ rrugratJon :~f PC~,s from, the :Vf ar1 ;r.ran~f.~r!Iler1 fac~ty;1I1to _ffe_;i :! ; l ., ,. ;/
· : .'.Unnamed 'Tributary tp Li\~e Br,ier .~reek1_ the}?'YeFeaches :o~,Ljtt!~.~'.-1~'..,Cf~.e~.' i ; ,. • ,1 ,. ,. , •,If
-:,·'. the Brier Creek Reservoir;' Brier Creek, and Lake Crabtree, Results· from the:,, ,:: :.• 1 1, :'. • • · •• ·
• ,, , · , , ; t.. ·· • . • '. · • ' " ' 1 •j• '' l ' ' ;-q. ' ' : : Remedial Investigation and.the Screening Level Ecological Risk Assessment . · ·
;. :,. (SLERA) lndicate that PCB leveis in water/sedirnenis from the above-niention~d ·' ·
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, ... ' ;i/(~te_r b~di_es ai:e alre~dy ~1 ~oncentr~~ons hig~ eno.~gh s,uch•tha\~,~~1in/j.P?,S,f:,~·:; ; .
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Actuai. cir threatened releases of hazardous substances' from this site, if not addressed by'
implementing the ·response action selected in this Action Memorandum, 0may present'an ..
J. . . ' ' ' ' • ! . ' ..• ' imm/iient and substantial endanger;rrient to public health, welfare, or the environment.·.·
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PROPOSED ACTION: '
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(i): Construction of a stonn water management/spill control system that··· ·
effectively addresses all surface water run off or spills from all ai'.~~s ofthe
fac_ili,ty in ~ccorda'~Je with all applicable Federal; State, or local la~·s,' . : :
regulations, ordinances, or permits and prevents the release of any , " , .
haiaidqus ·s·ubstan~ds outside of the facility; · · • ' : · , .
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(ii) Inspection of the existing storm water lagoon by an expert to certify its
. construction, actual ,condition, and rem.
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:No o\Jt~t~ding policy issues have .b~en identified at this ~e.
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Enforcement activities have been initiated arid are ongoing.
"Enfori:~ment Sensitive,'! for more' detailed information. ' , • • ' • , ' ' , . ; . , ', • : ' ! . , r ~
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RECOMMENDAfION: j ' ' ' 1';, •,•;: ,·:. ;! !;;
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' I' /This decision document represents the selected removal action for the Ward Transfornier,.
'!, •, ·1, . -· ,,,·· ,. ,, \' . . ·!' . '. . '•'. ' ''' ,. . \•'' ,•_,,•_,,. ,. i , : Si\er.i~ :B*leigh,_ N?rth,C~oli,na, ?7yeloped in accor~~ce· with CER~L_A ~: amended; : i,: · r : .
'and not mcons1stent with the Nauonal Contmgency Plan (NCP). This decision is,based ....
'on th~ :achpinistrati'vc reior~ ior t~~ $ite. Condition's ~i the, 'si,te mee~ /he;N~P .S7ftioh)1!, j, i':
. 300.415(b)(2) criteria for a removal and I recommend your approval of the proposed :: :.'. r:
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· Winston A Smith;' Director .
Waste Management Di~ision ' ; ~: ; , . ,, '
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
October 21, 2004
VIA FEDERAL EXPRESS NEXT DAY DELIVERY
Mr. Jack Butler
Chief, Superfund Section
North Carolina Department of Environment and Natural Resources
401 Oberlin Road
Suite 150
Raleigh, North Carolina 27605
SUBJ: Ward Transformer Site, Raleigh, Wake County, North Carolina
Dear Mr. Butler:
The purpose of this letter is to transmit to the North Carolina Department of Environment
and Natural Resources (NCDENR) copies of two Notice/Demand packages for a time-critical
removal action at the Ward Transformer Superfund Site located in Raleigh, Wake County, North
Carolina (Site). The U.S. Environmental Protection Agency (EPA) sent Notice/Demand
packages to 43 potentially responsible parties (PRPs) on October 20, 2004.
The first package is addressed to Ward Transformer Company, Inc. et al., the current or
past owners and/or operators of the Site. The second package, addressed to CONSOL Energy,
Inc., is representative of packages that were sent to PRPs that arranged for the disposal of
hazardous substances at the Site.
If you have any questions regarding the time-critical removal action or settlement strategy
at the Ward Site, please do not hesitate to contact me at [phone] or Luis Flores, the
Remedial Project Manager for the Site, at [phone].
Enclosures (2)
Sincerely,
Matthew L. Hicks
Associate Regional Counsel
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable on Based Inks on Recycled Paper (Minimum 30% Postconsumer)
•· • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
. 61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
NOTICE/DEMAND LETTER
URGENT LEGAL MATTER
PROMPT REPLY NECESSARY
October 20, 2004
VIA FEDERAL EXPRESS NEXT DAY DELIVERY
Ward Transformer Company, Inc.·
Ward Transformer Sales and Service, Inc.
Ward Ventures, L.L.C.
Reward Properties, L.L.C. .
c/o Mr. Walter E. Brock, Jr.
Young Moore and Henderson P.A.
3101 Glenwood Avenue
Raleigh, N011h Carolina 27612
Re: Notice/Demand Letter for the Ward Transformer Superfund Site in Raleigh: Wake
Cuunty, North Carolina
Dear Mr. Brock:
As you me aware, the_ United States Environmental Protection Agency ("EPA") has
documented that a release or threat of release of hazardous substances, pollutants or
contaminants into the environment has occurred at the Ward Transformer Superfund Site ('"the
Site") located in Raleigh, Wake County, North Carolina. EPA has spent and is considering
spending additional public funds to investigate and control releases of hazardous substances or
potential releases of hazardous substances at the Site.· Based on information presently available
to EPA, EPA has determined that Ward Transfo1mer Company, Inc., Ward Transformer Sales
and Service, Inc.,Ward Ventures, L.L.C:, and Reward Properties, L.L.C. (hereinafter "your
clients"), may be responsible under the Comprehensive Environmental Response, Compensation,
and Liability Act ("CERCLA") for cleanup of the Site or costs EPA has incurred in cleaning up
the Site.
The purpose of this letter is to: (I) notify your clients of their potential liability as defined
by Section 107(a) of CERCLA, 42 U.S.C. ~ 9607(a), as amended, that they may have incurred
with respect to the above-referenced Site; (2) notify your clients of the opportunity to perform the
removal· action outlined below; (3) demand from your clients reimbursement for response costs
that have been expended at the Site, including interest thereon; and (4) provide general and
site-specific information in order to assist your clients in the negotiation process; specifically,
two (2) draft Administrative Orders on Consent and an Enforcement Action Memorandum.
Internet Address (URL)• http://www.epa.gov
Racvcled/Gecvcfable , Printed with Veoe1iihle Oil Based Inks on Recycled Paper (Minimum 30~'" Pcis1cor1sumer)
•
Explanation of Potential Liability
Under CERCLA, specifically Sections l06(a} and l07(a), potentially responsible parties
("PRPs") inay be required to perform cleanup actions lo protect the public health, welfare, or the
enviro::menC PRPs may also be responsible for costs incurred by ·EPA in cleanir,g up the Site,
unless the PRP can show divisibility or any of the other statutory defenses. PRPs include current
and former owners and operators of a site, as well as persons who arranged for treatment and/or
disposal of any hazardous substances found al the site, and persons who accepted hazardous
substances for transport and selected the site to which the hazardous substances were delivered.
Based on the information collected, EPA believes that your clients may be liable under
Section 107(a) of CERCLA with respect to the Ward Transformer Superfund Site, as current or
. previous owners and/or operators of the Site.
Background
To date, EPA and the State of North Carolina have taken several response actions at the
Site under the authqrity of the Superfund Program. Below is a brief description of the actions
taken at the Site.
• EPA and the North Carolina Department of Environment and Natural Resources
(NCDENR) began an investigation of the Site in 1978 as a result of Ward
Transformer's involvement in the release of used oil containing PCBs along
roadsides in North Carolina. During the time that the roadside spills were being
investigated in 1978 and 1979, EPA collected a number of samples at and
downstream from the Ward Transformer facility. PCB contamination was found
in the soil ai the Ward Transformer Site, in the water and sediment of the storm
water lagoon, and in the water and sediments along the surface water pathway
draining the facility,
• In 1993, EPA conducted an emergency removal investigation at the Site and
concluded that PCB cont_amination was not above emergency removal levels but
did necessitate further remedial investigations of the Site.
• In May I 993 the Site was listed on CERCLIS.
• NCDENR completed a Preliminary Assessment (PA) of the Site in March 1994,
and completed a Site Inspection (SI) report in November 1995. Follow-up SI
sampling was conducted in the surface water pathways in December 1995. The
results of the SI indicated PCBs in the surface .soil inside the fenced lagoon area
and in a ditch and in a wooded area outside the fenced area at the rear of the Ward
Transformer property. The SI findings also indicated PCBs along the surface
water pathway and below more than 0.1 mile of wetland frontage. As a result, the
2
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Site was recommended for an Expanded Site Inspection (ESI).
In February 1997, NCDENR conducted ESI sampling at the Site. The sampling
confirmed that the lagoon sediment, soil at the Ward Transformer facility, and soil
west of the Ward Transformer facility were: contaminated with PCBs and
octachlorobidenzofuran. Based on the presence of PCBs and other contaminants
in several source areas at the Ward Transformer facility, and the presence of PCBs
in wetlands downstream from the Ward Transformer facility, NCDENR
recommended the Site for further action under CERCLA.
On July 3, 2002, EPA sent Ward Transformer Company, Inc., an Information
Request Letter pursuant to Section !04 of CERCLA seeking information as part
of its investigation of the Site.
On August 29, 2002, EPA sent Ward Transformer Company, Inc., a General
Notice Letter notifying Ward of its potential liability for the release or threatened
release of hazardous substances at the Site.
On September 5, 2002, the Ward Transformer Site was proposed to be included
on the National Priorities List (NPL). The Site_ was officially added to the NPL on
April 30, 2003.
ln April 2003, EPA began collecting samples as part of a Remedial
Investigation/Feasibility Study (R1/FS) of the Site. Results from the investigation
are documented in the Remedial Inspection (Rl) Report dated September 2004.
EPA is currently in the process of completing the Feasibility Smdy for the Site.
In November 2003 and February 2004, EPA sent several nundred companies
Information Request Letters based on information received from Ward that the
companies may have conducted business with, or sent hazardous materials to, the
Site.
On August 9, 2004, EPA conducted a removal assessment of the Site and
determined that a current unacceptable risk exists at the Site which necessitates a
time-critical removal action.
On September 14, 2004, EPA issued an Enforcement Action Memorandum which
supports EPA's decision to implement a time-critical removal at the Site.
Through its remedial investigation, EPA has discovered that a current unacceptable risk
exists at the Site which necessitates a time-critical removal action. As detailed in the
Enforcement Action Memorandum. enclosed with this leuer as Attachment A, EPA has selected
a removal action which is designed to address the current unacceptable 1isks at the Site.
3
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Settlement Negotiations
Based on an extensive investigation of the Site, EPA identified your clients as one of
approximately 43 potentially responsible parties ("PRPs") that either currently or previously
owned and/or operated the Site or contributed hazardous substances to the Site. Under the
federal Superfund law, your.clients and the other PRPs at the Site are responsible for the costs of
cleaning up the Site. Based on the time-critical nature of the removal action planned, EPA has
decided not to invoke the special notice procedures set forth in Section I 22(e) of CERCLA, 42
U.S.C. § 9622(e). Instead, EPA is providing a 30-day negotiation period in.order to facilitate a
settlement between your clients, other PRPs, and EPA for implementation of the removal action.
During this 30-day period, your clients and the other PRPs are invited to participate in
formal negotiations with EPA in an effort to reach a settlem·ent to conduct or finance certain
portions of a removal action at the Site and to reimburse EPA for its costs incurred to date.
Specifically, EPA is asking your clients to conduct or finance the removal action detailed in
Section V.A. I.a) of the enclosed Enforcement Action Memorandum. In addition, EPA is asking
your clients and the other PRPs to conduct or finance the removal action detailed in Section
V.A.l.b) of the enclosed Enforcement Action Memorandum. Note that EPA is not asking the
other PRPs to conduct or finance the removal action detailed in Section V .A. I .a) of the enclosed
Enforcem~nt Action Memorandum. The 30-day negotiation period applies to both portions of
the removal action and ends on November 22, 2004. For each portion of the removal action, the
30-day neg!)tiation period will be extended for an additional thirty (30) days if EPA receives a
"good faith offer" to conduct or finance that portion of the work and reimburse EPA for its costs
incurred to date. IfEPA determines that your clients' proposal is not a "good faith offer," you
will be notified in writing of EPA's decision. If negotiations are extended for an additional 30
days, negotiations will conclude on December 22, 2004. If settlement is reached between EPA
and the PRPs to conduct or finance a portion of the removal action within the 60-day period, the
settlement will be embodied in an Administrative Order on Consent for that portion of the
removal action.
If a "good faith offer" is not received within thirty (30) days, or a timely settlement
cannot be reached, EPA may iake appropriate action at the Site, which may include either of the
following options: (I) EPA may fund the removal action and pursue a cost recovery claim under
!07 of CERCLA against you and/or the other PRPs: or (2) EPA may issue a Unilateral
Administrative Order ("UAO") to you and/or the other PRPs under Section 106(a) of CERCLA,
42 U.S.C. § 9606, requiring you or them to perform the work described in the Enforcement
Action Memorandum. If the recipients of a UAO refuse to comply with the UAO, EPA may
pursue civil litigation against the recipients to require compliance:
4
• •
Good l•aith Offer
Two (2) draft Administrative Orders on Consent, one for each portion of the removal
action, enclosed as Allachments B and C, and an Enforcement Action Memorandum, enclosed as
A1t .. chme11t A, are provided with this letter to assist you in developing a "good faith offer," J\s
indicated, the 30-day negotiation period triggered by this letter is extended for 30 days if the
PRPs submit a "good faith offer" to EPA A "good faith offer" to conduct or finance each
portion of the removal action is a written proposal that demonstrates the PRPs' qualifications and
willingness to conduct or finance that portion of the removal action and includes the following
elements:
• A statement of willingness by your clients to conduct or finance the portion of the
removal action that is consistent with EPA's draft Administrative Order on Consent enclosed as
Attachment Band SectionV.A.La) of the Enforcement Action Memorandum and that provides a
sufficient basis for further negotiations;
• A statement of willingness by your clients and/or the other PRPs to conduct or finance
the portion of the removal action that is consistent with EPA 's draft Administrative Order on
Consent enclosed as Attachment C and Section V .Al .b) of the Enforcement Action
Memorandum and that provides a sufficient basis for further negotiations;
• A paragraph-by-paragraph response to EPA's draft Administrative Orders on Consent;
• A detailed description of the work plan identifying how the PRPs plan to proceed wiih
the work;
• A dcmonstrntion of the PRPs' technical capability to carry out the removal actions,
including the identification of the firm(s) that may actually conduct the work or a description of
the process they will use to select the firm(s);
• A demonstration of the PRPs' capabi_lity to finance the removal actions;
• A statement of willingness by the PRPs to reimburse EPA for costs incurred in
overseeing the PRPs' conduct of the removal actions; and
• .The na_me, address, and phone number of the party or steering commillee who will
represent the PRPs in negotiations.
Demand for Reimbursement of Costs
As detailed above, EPA has already taken certain response 3ctions and incurred certain
costs in response to conditions at the Site in accordance with Section 104 of CERCLA, 42 U.S.C,
5
0 •
§ 9604. With this letter, EPA demands that vour clients reimburse EPA for its costs incurred to
date, and encourages your clients to perform the removal actions at the Site.
EPA is seeking to recover from your clients and the other PRPs at the Site its response
costs and all the interest authorized to be recovered under Section i07(a) of CERCLA. To. date,
the approximate total response costs identified through September 9, 2004, for the Site are
$1,573,084.06. Under Section l07(a) of CERCLA, EPA hereby makes a demand for payment
from your clients and the other PRPs for the above amount plus all interest authorized to be
.recovered under Section l07(a). A summary of these costs is enclosed as Attachment D.
Financial Concerns/ Ability to Pay Settlements
EPA is aware that the financial ability of some PRPs to contribute toward the payment of
response costs at a site may be substantially limited. If you believe, and can document, that your
clients fall within that category, please contact Matthew L. Hicks, Associate Regional Counsel, at
[phone] for information on "Ability to Pay Settlements." In response, you will receive a
package of information about the potential for such settlements and a form to fill out with
inforrna!ion about your clients' finances, and you will be asked to submit financial records
including business federal income tax returns. If EPA concludes that your clients have a
legitimate inability to pay the full amount of EPA's costs, EPA may offer a schedule for payment
over time or a reduction in the total amount demanded from them.
Some or all of the costs associated with this notice may be covered by current or past
insurance policies issued to your clients. Most insurance policies will require that your clients
timely notify their carrier(s) of a claim against them. To evaluate whether your clients should
notify their insurance canier(s) of this demand, you may wish to review current and past policies,
beginning with the date of your clients' first contact with the Ward Transforrner Superfund Site,
up to the present. Coverage depends on many factors, such as the language of the particular
policy and state law.
In the event that your clients file for protection in a bankruptcy court, they must include
EPA as creditor, because EPA has a potential claim against them. EPA reserves the right to file a
proof of claim or application for Reimbursement of Administrative Expenses.
Information to Assist You
EPA would like to encourage communication between your clients, other PRPs, and EPA
at the Site. In furtherance of this, EPA is enclosing with this letter as Attachment Ea list of the
names and addresses of other PRPs to whom it is sending this Notice. EPA recommends that all
PRPs meet to select a "steering committee" that will be responsible for representing the group's
interests. In order to provide you with more information about the Site and to encourage the
selection of a steering committee, EPA is holding an Information Meeting on Monday,
November l, 2004, at 10:00 a.m., at the following location: ·
6
U.S. Environmental Protection Agency, Region 4
Sam Nunn Atlanta Federal Center
Atlanta Room, 3rd Floor
61 Forsyth Street, SW
Atlanta, Georgia 30303
•
In order to assist the PRPs in_ developing a reasonable allocat1on of responsibility, EPA
has prepared a Volumetric Ranking Report which is enclosed with this letter.as Attachment F.
EPA recognizes that the allocation of responsibility among PRPs may be difficult. If PRPs are
unable to reach consen_sus among themselves, we encourage the use of the services of a neutral
third party to help allocate responsibility. Third parties are available to facilitate negotiations.
At the PRPs' request, EPA will provide a list of experienced third-party mediators, or help
arrange for a mediator.
In accordance with Section 113 of CERCLA, 42 U.S.C. § 9613, EPA has established an
Administrative Record containing the documents that serve as the basis for EPA's selection of
the appropriate response action for the Site. This Administrative Record is located at the North
Regional Public Library, 200 Horizon Drive, Raleigh, North Carolina 27605, and is available to
the public for inspection and comment. The Administrative Record is also available for
inspection and comment at the Superfund Records Center, EPA Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303. You may wish to review the Administrative Record to assist you in
responding to this letter, but your review should not delay such response beyond .the 30-day
period pro~ided by CERCLA. .
PRP Response and EPA Contact Person
Your chents must contact EPA by November 10, 2004, to indicate their willingness to
participate in future negotiations concerning this Site. They may respond individually or through
a steering committee if such a committee has been fonned. If EPA does not receive a timely
response, EPA will assume that your clients do not wish to negotiate a resolution of their
liabilities in connection with the Site, and that they have declined any involvement in perfonning
the response activities.
Your clients' response to this Notice/Demand Letter and the demand for costs included
herein, including written proposals to perform the removal action selected, should be sent to:
Luis Flores
Remedial Project Manager
U.S. Environmental Protection Agency, Region 4
Superfund Remedial and Site Evaluation Branch
6 I Forsyth Street, SW
Atlanta, Georgia 30303
( 404) 562-8807
7
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The factual and legal discussions in this letter are intended solely to provide notice and
infmmation, and SLlCh discussions are not to be construed as a final EPA position on any matter
set frn1h herein. Due to the seriousness of the environmental and legal problems posed by the
condilic::, .;, :~e Site, EPA urges that your clients give immediate attention and prompt response
to this letter,
In addition, EPA has notified the Federal Natural Resource Trustee of its intention to
perform or enter into negotiations for the performance of response actions at the Site.
Resources and Information for Small Businesses.
As you may be aware, on January 11, 2002, President Bush signed into_ law the Superfund
Small Business Liability Relief and Brownfields Revitalization Act. This Act contains several
exemptions and defenses to CERCLA liability, which we suggest that all parties evaluate. You-
may obtain a copy of the law via the Internet at http://www.cpa.,mv/swcrosps/bf/sblrbra.htm
and review EPA guidances regarding these exemptions at http://www,epa,gov/compliance/
resources/policies/cleanup/superfund.
EPA has created a number of helpful resources for small businesses. EPA has established
the National Compliance Assistance Clearinghouse as well as Compliance Assistance Centers
which offer various forms of resources to small businesses, You may inquire about these
resources a~ w,1·w.epa.gov. In addition, the EPA Small Business Ombudsman may be contacted
at l'.'Ww.cp,umvlsbo. Finally, EPA developed a fact sheet about the Small Business Regulatory
Enforcement Fairness Act ("SBREFA"), which is enclosed with this letter as Attachment G.
If you have any questions regarding the technical aspects of this letter, please contact Luis
Flores, Remedial Project Manager, at [phone]. Please direct all legal questions to
Matthew L Hicks, Associate Regional Counsel, at [phone].
My staff and I look forward to working with you in the coming weeks.
Sincerely, ., u #,t , Id_ ,..,
'\ ~;;;_,J/?(),~T . . !
l~nklin E. Hill, Chief IJ Superfund Remedial and Site Evaluation Branch
Enclosures (7)
cc: Jack Butler, NCDENR (via U.S, mail)
8
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Attachment A
Enforcement Action Memorandum
•
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
4WD-SRSEB OCT 1 I 2004
ENFORCEMENT ACTION MEMORANDUM
Subject: Request for a Removal Action at the Ward Transformer Site in Raleigh,
North Carolina
From:
To:
Luis E. Flores
Remedial Project Manager
Winston A. Smith, Director
Waste Management Division
./
Site ID#: A4S4
I. PURPOSE:
The puipose of this Action Memorandum is to request and document approval of the
proposed removal action described herein for the Ward Transformer Site (the Site) in
Rrrreigh, North Carolina. The Site was listed on the National Priorities List (NPL) on
April 30, 2003. Sample collections activities for the EPA lead Remedial Investigation
(RI) began in April 2003 and results from the investigation are documented in the RI
report dated September 2004. The investigation confirmed the presence of hazardous
substances in surface soils, sediments and fish. This Site was referred to EPA's
Emergency Response and Removal Branch (ERRB) by EPA's Superfund Remedial and
Site Evaluation Branch in July 2004 for a removal assessment.
II. SITE CONDITIONS AND BACKGROUND:
CERCLIS ID Number: NCD 003 202.603
Removal Category: Time-Critical Removal Action
A. Site Description:
1. Removal Evaluation:
The Site consists of an active facility owned by Ward Transformer Company, Inc.,
and operated by Ward Transformer Sales and Services, Inc. It was built on
Fhl'::\lcledtR:•cyclable • Printea with Veg,;IAOle Oil Base,:; Jr.lo,.\> on H1:icycled Paper \Minimum :.i0% Posh:or,s.urnfit)
• •
approximately l l acres of previously undeveloped land in 1964 and has housed
transformer reconditioning and sales operations since that time. Sample
collection activities for the EPA fund lead Remedial Investigation began in April
2003. The scope of the investigation included the Ward Transformer facility
property itself, surrounding properties, and the water bodies downgradient.
Surface water samples, sediment samples, fish samples, groundwater samples, and
soil samples were collected as part of this investigation.
PCB contamination was found in surface and subsurface soil in areas around the
Ward Transformer facility inside and outside the fenced area. PCBs were detected
in sediment from samples collected from the Unnamed Tributary to Little Brier
Creek, Little Brier Creek, Brier Creek Reservoir, Brier Creek and Crabtree Lake.
Fish contamination was found in all these areas and fish advisories against eating
the fish from these areas were issued.
The removal assessment identified 4 main areas requiring immediate attention:
Unacceptable risk to current employees due to high levels of contaminanl5 at
the facility:
The Baseline Risk Assessment conducted at the facility concludes that there is an
unacceptable risk to employees due to potential soil exposure to high levels of
PCB contamination at the facility.
Uncontrolled surface waler run-off from highly contaminated areas
discharging into the Unnamed Tributary to Little Brier Creek:
Inspection of the area during the removal assessment indicates that surface water
run-off from the western portion of the facility where transformers, construction
debris, and scrap metal are stored (Transformer Storage Area) is not completely
controlled allowing discharges into areas outside the facility leading to the
Unnamed Tributary to Little Brier Creek. Soil with polychorinated Biphenyls
(PCBs) concentration~ up to 1,700 parts per million (ppm) were found in the
Transformer Storage Area.
Uncontrolled surface water run-off from highly contaminated areas
discharging in front of the main building:
Soil samples collected near the front of the facility's main building contain PCBs
as high as l 60 ppm. Access to these areas is not restricted. Surface water run-off
from these areas discharges into a drainage ditch along Mount Herman Road.
2
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Storm \Valer Lagoon
Sediments from the lagoon contain levels of PCBs as high as 2,900 ppm. The
integrity of the lagoon and its remaining useful life are not known. As a result,
the lagoon may pose a threat of release.
2. Physical Location:
The Ward Transformer Site is located at Mount Herman Road, north of Aviation
Parkway, in a predominantly industrial area of Raleigh, Wake County, North
Carolina. The Site is located 600 feet south of the Northern Wake Expressway
(outer loop), 1000 feet southwest of US highway 70, and is adjacent to property
owned by the Raleigh-Durham International Airport. Estes Transport Co., a ·
trucking company, leases the property to the south. Across Mount Herman Road
from the facility is Triangle Coatings where plastic and metal parts are painted.
An Unnamed Tributary to Little Brier Creek originates at the facility and descends
through moderate to steep topography into Little Brier Creek approximately I
mile from the facility. Little Brier Creek continues and discharges into Brier
Creek Reservoir located about 2.5 miles from the facility. Brier Creek Reservoir
flows into Brier Creek and discharges into Lake Crabtree, a recreational lake
located approximately 3 miles from the facility.
Wetlands and the potential presence of threatened and/or endangered species
within the impacted watershed have been identified.
3. Site Characteristics:
The Ward Transformer Site consists of an active facility owned by Ward
Transformer Company, Inc., and operated by Ward Transformer Sales and
Service, Inc. (collectively "Ward"). Ward manufactures, repairs, reconditions,
rebuilds, purchases, and sells transformers, switchgear, and other similar types of
electrical equipment. The facility property contains an electrical equipment
reconditioning building, offices, an area where transformers, construction debris,
and scrap metal are stored (Transformer Storage Yard), storage tanks, a storm
water lagoon, and a wastewater treatment plant. The northern portion of the
property, now vacant, was leased until 2002 to Horizon Forest Products, a lumber
supply business. The reconditioning building, offices, Transformer Storage Yard,
and the adjacent Horizon Forest Products facility are surrounded by an eight-foot-
high chain link fence. The lagoon, located on the southwest corner of the facility
property, is fenced on three sides by an eight-foot-high chain link fence. The
downgradient (or dam) side of the lagoon is fenced by a low wire fence that is
easy to step over, so that access to the lagoon is not completely restricted.
3
• •
4. Release or Threatened Release into the Environment of a Hazardous
substance, or pollutant or Contaminant:
This Site constitutes a release of hazardous substances as defined by Section
101(14) ofCERCLA, 42 U.S.C. §9601(14). Analytical results from the Remedial
Investigation conducted by EPA documents:
• PCB contamination with soil concentrations above removal action levels
in areas in front of the Ward Transformer main office building including
a drainage ditch along Mount Herman Road.
• PCB contamination with soil concentrations above removal action levels
in the Transformer Storage Yard.
• PCl;I contamination with soil concentrations above removal action levels
in areas outside the facility property leading to the Unnamed Tributary to
Little Brier Creek.
• PCB contamination with soil and sediment concentrations above removal
action levels in the Storm Water Lagoon.
• PCBs were detected in sediments from lower reaches of Little Brier
Creek, Brier Creek Reservoir, Brier Creek, and Lake Crabtree.
• Elevated levels of PCBs were detected in fish from lower reaches of
Little Brier Creek, Brier Creek Reservoir, Brier Creek and Lake Crabtree.
• Current and potential routes for releases of hazardous substances exist at
the Site. These routes are:
• Current -.Surface water runoff from areas containing high levels of
PCB contaminated soil is currently migrating into the Unnamed
Tributary to Little Brier Creek behind the facility and into the
drainage ditch along Mount Herman Road.
• Potential -There is a potential risk of contaminated surface water,
soil, and sediments from the Storm Water Lagoon being released
into the surrounding environment if the construction integrity of
the lagoon is not confirmed.
• A current unacceptable risk to employees at the facility exists due to
potential exposure to highly contaminated soil at the facility.
4
• 0
5. NPL Status:
The Ward Transformer Site was proposed to be included in the National Priorities
List (NPL) on September 5, 2002 and was made finai on April 30, 2003.
As required for all NPL sites, the Agency for Toxic Substances and Disease
Registry (ATSDR) is conducting its Public Health Assessment for this Site.
B. Other Actions to Date:
1. Previous Actions:
• A Remedial Investigation/Feasibility Study (Rl/FS) information meeting
was conducted by EPA and ATSDR on March 13, 2003. The meeting
was held at the Morrisville Commerce Building in Morrisville, North
Carolina.
• Sample collection activities for the EPA lead Remedial Investigation
began in April 2003.
• The first phase of the Remedial Investigation report was completed in
September 2004.
2. Current Actions:
• A second phase of the Remedial Investigation is currently being
conducted. As part of this second phase, additional fish and sediment
samples will be collected from areas downgradient of Lake Crabtree to
determine the extent of sediment and fish contamination. Also,
additional groundwater monitoring wel!s will be installed in areas close to
the Ward Transformer property to assess groundwater in the area.
• During the months of July and August 2004, a group was formed to assist
in assessing the extent of fish and sediment contamination dowgradient of
Lake Crabtree. The group includes representatives from: EPA and North
Carolina Superfund, Weston Solutions (EPA's contractor), North
Carolina Occupational and Environmental and Epidemiology Branch, US
Fish and Wild Life Service, North Carolina Wild Life Resource
Commission and North Carolina State University. The group also
includes: Wake County Parks Director, Lake Crabtree Manager, and
William Umstead State Park Manager.
• •
C. State and Local Authorities' Role:
1. State and Local Actions to date:
• NCDENR conducted the initial site investigations including a Preliminary
Assessment {PA), Site Inspection {SI) and Expanded Site Inspection
{ES!) to collect enough infonnation to prepare the Hazard Ranking
System (HRS) package for the Site. Due to the high HRS score, the Site
was referred to EPA's Superfund Remedial and Site Evaluation Branch
for a Remedial Investigation.
• On December 8, 2003, the State of North Carolina Department of Health
and Human Services issued a fish consumption advisory for the lower
reaches of Little Brier Creek and the Brier Creek Reservoir due to high
levels of PCBs detected in fish samples collected during the Remedial
Investigation.
• On May 7, 2004. the State of North Carolina Department of Health and
Human Services issued a second fish consumption advisory for Brier
Creek and Lake Crabtree due to high levels of PCBs detected in fish
samples collected during the Remedial Investigation.
• EPA and NCDENR continue to work together at this Site.
Ill. THREATS TO PUBLIC HEALTH OR WELF'ARE OR THE ENVIRONMENT,
AND STATUTORY AND REGULATORY AVTHORITIES
A. Threats to Public Health or \Velfare:
Elevated levels of PCBs present in on-site soils pose the following threats to
public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and
Hazardous Substance, Pollution Contingency Plan (NCP).
• Section 300.415 (b)(2)(i) Actual or potential exposure to nearby human
populations, animals, or the food chain from haz.ardous substances or
pollutants or contaminants. Surface soils are contaminated with elevated levels
of PCBs (up to 1,700 ppm). ATSDR's initial release of its Public Health
Assessment for the Site concludes that exposure of Site workers to high PCB
concentrations in soil could contribute to an increase theoretical risk of
developing cancer.
Elevated PCB levels in soil from the Ward Transformer facility continues to be a
source of PCB contamination to sediments and fish from the Unnamed Tributary
6
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to Little Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek
Reservoir, Brier Creek, and Lake Crabtree. ATSDR's initial release of its Public
Health Assessment for the Site concludes that edible portions of fish from these
waters have PCBs at levels high enough to increase the theoretical risk of adverse
cancer and non-cancer health effects for people who eat these fish regularly. The
State of North Carolina Department of Health and Human Services issued fish
consumption advisories for these waters and EPA has posted signs with the
advisory. In addition to posting the fish advisories, the sources of PCB
contamination to the watershed located at the Ward Transformer facility need to
be controlled .
• Section 300.415 (b)(2)(iii) Hazardous mbstances or pollutants or
contaminants in drums, barrels, tanks, or other bulk storage container, that
may pose a threat of release. The storm water lagoon on site was built in 1972
and is located on the southern portion of the property. The dam side of the lagoon
is directly upgradient of the Unnamed Tributary to Little Brier Creek. The lagoon
volume is estimated to be 14.3 acre-feet or 32,073 cubic yards and its depth is
estimated to be around 8 feet. Sediments in the lagoon contain PCBs with
concentrations as high as 2,900 ppm. The integrity and remaining useful life of
the lagoon is not known.
-Sect/011 300.415 (b)(2)(iv) High levels ofhazardo11s substances or pollutants or
contaminants i11 soils largely at or near the surface that may migrate. Elevated
levels of PCBs were detected in surface soil in areas not controlled by the existing
storm water run-off system.
Results from the Remedial Investigation show on going contaminant migration
into the Unnamed Tributary to Little Brier Creek from highly contaminated areas
behind the facility with concentrations as high as 1.700 ppm PCB.
The investigation also shows PCB contamination migrating from the front of the
main building of the facility into the drainage ditch along Mount Herman Road.
PCB concentrations in these areas are as high as 160 ppm.
Section 300.145 (b)(2)(v) Weather co11dilions that may cause hazardous
substances or pollutants or co11ta1ninants to migrate or be released. The
existing storm water run-off control system at the facility is not collecting all
storm water run-off. Evidence shows that the storm water breaches the
Transformer Storage Yard curbing during heavy rain events. •As a result, surface
water run-off from these highly contaminated areas is an on-going source of
contamination to the drainage ditch along Mount Herman Road and the
Unnamed Tributary to Little Brier Creek outside of the facility.
7
•
PCBs found in sediment and fish along the Unnamed Tributary to Little Brier
Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir, Brier
Creek, and Lake Crabtree indicate that significant PCB contamination is migrating
from the facility.
B. Threats to the Environment:
Elevated levels of PCBs present in on-site soils pose the following threats to
public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP):
-Sectio11 300.415 (b)(2)(i) Actual or potential exposure to nearby human
populations, animals, or the food chain from hazardous substances or
pollutants or contaminants. Elevated PCB levels in soil from the Ward
Transformer facility continue to be a source of PCB contamination to sediments
and fish from the Unnamed Tributary to Little Brier Creek, the lower reaches of
Little Brier Creek, the Brier Creek Reservoir, Brier Creek, and Lake Crabtree.
Results from the Remedial Investigation and the Screening Level Ecological Risk
Assessment (SLERA) indicate that PCB levels in water/sediments in the above-
mentioned water bodies are already at concentrations high enough such that they
may pose a risk to piscivorous mammals and/or birds.
Section 300.415 (b)(2)(iii) Hazardous substances or pollutants or contaminants
in drums, barrels, tanks, or other bulk storage container, that may pose a threat
of release, The storm water lagoon was built in 1972 and is located on the
southern ponion of the property. The dam side of the lagoon is directly
upgradient of the Unnamed Tributary to Little Brier Creek. The lagoon volume is
estimated to be 14.3 acre-feet or 32,073 cubic yards and its depth is estimated to
be around 8 feet Sediments in the lagoon contain PCBs with concentrations as
high as 2,900 ppm. The integrity and remaining useful life of the lagoon is not
known: Results from the Remedial Investigation and the Screening Level
Ecological Risk Asse~sment (SLERA) indicate that PCB levels in
water/sediments from the water bodies down gradient of the lagqon are already at
concentrations high enough such that they may pose a risk to piscivorous
mammals and/or birds.
• Section 300.415 (b)(2)(iv) High levels of hazardous substances or pollutants or
contaminants in soils largely at or near the surface that may migrate. Elevated
PCB levels in soil from the Ward Transformer facility continue to be a source of
PCB contamination to sediments and fish from the Unnamed Tributary to Little
Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir,
Brier Creek, and Lake Crabtree. Results from the Remedial Investigation and the
n 0
• •
Screening Level Ecological Risk Assessment (SLERA) indicate that PCB levels
in water/sediments from the above-mentioned water bodies are already at
concentrations high enough such that they may pose a risk to piscivorous
mammals and/or birds .
• Section 300.145 (b)(2)(v) Weather conditions that may cause hazardous·
substances or pollutants or contaminants lo migrate or be released. Any heavy
rain accelerates migration of PCBs from the Ward Transformer facility into the
Unnamed Tributary to Little Brier Creek, the lower reaches of Little Brier Creek,
the Brier Creek Reservoir, Brier Creek, and Lake Crabtree. Results from the
Remedial Investigation and the Screening Level Ecological Risk Assessment
(SLERA) indicate that PCB levels in water/sediments from the above-mentioned
water bodies are already at concentrations high enough such that they may pose a
risk to piscivorous mammals and/or birds.
IV. ENDANGERMENT DETERMINATION:
Actual or threatened releases of hazardous su.bstances from this site, if not addressed by
implementing the response action selected in this Action Memorandum, may present an
imminent and substantial endangerment to public health, welfare, or the environment.
V. P~OPOSED ACTION:
A. Proposed Actions:
1. Proposed Action Description:
The required Removal Action is divided in two parts:
a) Recontamination Prevention Actions
(i) Construction of a stonn water management/spill control system that
effectively addresses all surface water run off or spills from all areas of the .
facility in accordance with all applicable Federal, State, or local laws,
regulations, ordinances, or pennits and prevents the release of any
hazardous substances outside of the facility;
(ii) Inspection of the existing storm water lagoon by an expert to certify its
construction, actual condition, and remaining useful life;
(iii) Implement any recommendations made by the expert to improve
stonn water lagoon.
• •
b) Contamination Removal
(i) Further delineate and remove soil with concentrations exceeding I
ppm PCB, from all areas NOT effectively controlled by the storm water
management/spill control system;
(ii) Further delineate and remove soil with concentrations exceeding 25
ppm PCB, from all areas effectively controlled by the storm water
management/spill control system;
(iii) Arrange for the ultimate disposal and/or treatment of all excavated
soil and debris in a manner satisfactory to EPA;
(iv) To the maximum extent practicable, return areas which are disturbed
by the removal action to their pre-removal state.
2. Contribution to Remedial Performance
The proposed removal action is necessary to address the threats discussed in
Section ill which meet the NCP Section 300.415 (b) (2) removal criteria. If all
actions are implemented as described in this document, future remedial action
for soils at the facility is unlikely, The Remedial Investigation for groundwater
is on-going, as well as, the investigation of all water bodies affected by the
migration of contaminants from the facility,
The removal action contemplated in this Action Memorandum would be
consistent with any remedial action,
3. Description of Alternative Technologies
No formal evaluation of alternative technologies has been made. Such an
evaluation will take place before the disposal phase of the response action and
will be documented at that time.
4. Applicable or Relevant and Appropriate Requirements (ARARs)
A letter was sent to the state of North Carolina requesting ARARs for the Site,
but no response has been received as of this date. Therefore, ARARs for this
Site have not been conclusively determined. Efforts will be made to comply
with the state ARA Rs to the extent practicable. EPA will ensure compliance
with the NCP, Section 300.440 requirements (CERCLA Off site Rule) for any
off-site disposal of wastes generated from this site,
' JO
• •
5. Projected Schedule
The response actions described above will be initiated upon approval of this
Action Memorandum. Foregoing a:iy unexpected delays, on-site activities are
expected to last no more than 12 months.
VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED
OR NOT TAKEN:
Contamination will continue to pose a thre·at to the public and the environment through
direct contact, incidental ingestion and migration to the surface water.
VII. OUTSTANDING POLICY ISSUES:
No outstanding policy issues have been identified at this time.
VIII. ENFORCEMENT:
Enforcement activities have been initiated and are ongoing. See Attachment,
"Enforcement Sensitive," for more detailed information.
IX. RECOMMENDATION:
This decision document represents the selected removal action for the Ward Transfonner
Site, in Raleigh, North Carolina, developed in accordance with CERCLA as amended,
and not inconsistent with the National Contingency Plan (NCP). This decision is based
on the administrative record for the Site. Conditions at the Site meet the NCP Section
300.41 S(b )(2) criteria for a removal and I recommend your approval of the proposed
action. b
(Approval)#~ ·4'-.~Date:J'~ />f :i. ~oy
(Disapproval) ____________ Date:
Winston A. Smith, Director
Waste Management Divis.ion
Attachment
,, • •
Attachment B
Draft Administrative Order on Consent
• •
UNITED ST ATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF:
Ward Transformer Superfund Site
Raleigh, Wake County, North Carolina
Ward Transformer Company, Inc., Ward
Transformer Sales and Service, Inc.,
Ward Ventures, L.L.C., and Reward
Properties, L.L.C.,
Respondents
ADMINISTRATIVE ORDER ON
CONSENT FOR REMOVAL ACTION
U.S. EPA Region 4
CERCLA Docket No.
Proceeding Under Sections l 04, I06(a), 107
and 122 of the Comprehensive
Environmental Response, Compensation,
and Liability Act, as amended, 42 U.S.C. §§
9604, 9606(a), 9607 and 9622
I.
I I.
Ill.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
xn.
Xlll.
XIV.
XV.
XVI.
XVII.
XVIII.
XJX.
XX.
XXI.
XXII.
XXIII.
XXIV.
XXV.
XXVI.
XXVII.
XXVIII.
XXIX.
XXX.
XXXI.
• •
2
TABLE OF CONTENTS
JURISDICTION AND GENERAL PROVISIONS ......................... 3
PARTIES BOUND ............................................. 3
DEFINITIONS ................................................ 4
FINDINGS OF FACT ........................................... 6
CONCLUSIONS OF LAW AND DETERMINATIONS .................... 11
ORDER ................................................... 12
DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR, AND REMEDIAL
PROJECT MANAGER ......................................... 12
WORK TO IlE PERFORMED ..................................... 13
SrrE ACCESS AND INSTITUTIONAL CONTROLS ..................... 16
ACCESS TO INFORMATION .................................... 20
RECORD RETENTION ......................................... 21
COMPLIANCE WITH OTHER LAWS ............................... 22
EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES ........... 22
AUTHORITY OF REMEDIAL PROJECT MANAGER .................... 22
PAYMENT OF RESPONSE COSTS ................................ 23
DISPUTE RESOLUTION ....................................... 25
FORCE MAJEURE ........ .' ........................ · ........... 25
STIPULATED PENALTIES ...................................... 26
COVENANT NOT TO SUE BY EPA ............................... 28
RESERVATIONS OF RIGHTS BY EPA ............................. 29
COVENANT NOT TO SUE IlY RESPONDENTS ....................... 30
OTHER CLAIMS ............................................. 31
CONTRIBUTION PROTECTION .................................. 31
INDEMNIFICATION ........................................... 31
INSURANCE ................................................ 32
FINANCIAL ASSURANCE ...................................... 32
MODIFICATIONS ............................................ 33
ADDITIONAL REMOVAL ACTIONS ............................... 34
NOTICE OF COMPLETION OF WORK .............................. 34
SEVERABILITY/INTEGRATION/APPENDICES ....................... 34
EFFECTIVE DATE ........................................... 35
APPENDIX A ACTION MEMORANDUM/ENFORCEMENT
APPENDIX B RESPONDENTS
APPENDIX C SITE MAP
• •
3
I. JURISDICTION AND GENERAL PROVISIONS
I. This Administrative Order on Consent ("Order") is entered into voluntarily by the
United States Environmental Protection Agency ("EPA") and the parties identified in Appendix B
of this Order ("Respondents"). This Order provides for the performance of a removal action by
Respondents and the reimbursement of certain response costs incurred by the United States at or
in connection with the prope1ty located near the Raleigh Durham International Airpott on Mount
Herman (Church) Road, nonh of Aviation Parkway, east of the Nonhcrn Wake Expressway
(540), south of U.S. Highway 70, in a predominantly industrial area of Raleigh, Wake County,
North Carolina, the "Ward Transformer Superfund Site" or the "Site."
2. This Order is issued under the authority vested in the President of the United States by
Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622, as
amended ("CERCLA").
3. EPA has notified the State of Nonh Carolina (the "State") of this action pursuant to
Section 106(a) of CERCLA, 42 U.S.C. § 9606(a).
4. EPA and Respondents recognize that this Order has been negotiated in good faith and
that the actions undenaken by Respondents in accordance with this Order do not constitute an
admission of any liability. Respondents do not admit, and retain the right to controve1t in any
subsequent proceedings other than proceedings to implement or enforce this Order, the validity of
the findings of facts, conclusions of law, and determinations in Sections IV and V of this Order.
Respondents agree to comply .with and be bound by the terms of this Order and funher agree that
they will not contest the basis or validity of this Order or its terms.
II. PARTIES BOUND
5. This Order applies to and is binding upon EPA and upon Respondents and their
successors and assigns. Any change in ownership or corporate status of a Respondent including,
but not limited to, any transfer of assets or real or personal prope,ty shall not alter such
Respondent's responsibilities under this Order.
6. Respondents are jointly and severally liable for carrying out all activities required by
this Order. In the event of the insolvency or other failure of any one or more Respondents to
implement the requirements of this Order, the remaining Respondents shall complete all such
requirements.
7. Respondents shall ensure that their contractors, subcontractors, and representatives
receive a copy of this Order and comply with this Order. Respondents shall be responsible for any
noncompliance with this Order.
• •
4
III. DEFINITIONS
8. Unless otherwise expressly provided herein, terms used in this Order which are defined
in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to
them in CERCLA or in such regulations. Whenever terms listed below are used in this Order or
in the appendices attached hereto and incorporated hereunder, the following definitions shall
apply:
a. "Action Memorandum/Enforcement" shall mean the EPA Action Memorandum
relating to the Site signed on September 14, 2004, by the Regional Administrator, EPA Region 4,
or his/her delegate, and all attachments thereto. The "Action Memorandum/Enforcement" is
attached as Appendix A.
b. "CERCLA" shall mean the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601, et seq.
c. "Day" shall mean a calendar day. In computing any period of time under this
Order, where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall
run until the close of business of the next working day.
d. "Effective Date" shall be the effective date of this Order as provided in Section
XXXI.
e. "EPA" shall mean the United States Environmental Protection Agency and any
successor departments or agencies of the United States.
f. "NCDENR" shall mean the No11h Carolina Department of Environment and
Natural Resources and any successor departments or agencies of the State.
g. "Future Response Costs" shall mean all costs, including, but not limited to,
direct and indirect costs, that the United States incurs in reviewing or developing plans, reports
and other items pursuant to this Order, verifying the Work, or otherwise implementing,
overseeing, or enforcing this Order, including but not limited to, payroll costs, contractor costs,
travel costs, laboratory costs, the costs incurred pursuant to Paragraph 25 (costs and attorneys
fees and any monies paid to secure access and/or institutional controls, including the amount of
just compensation), Paragraph 36 (emergency response), and Paragraph 63 (work takeover).
Future Response Costs shall also include all Interim Response Costs and all Interest on those Past
Response Costs Respondents have agreed to reimburse under this Order that has accrued
pursuant to 42 U.S.C. § 9607(a) during the period from September 9, 2004, to the Effective Date.
h. "Interest" shall mean interest at the rate specified for interest on investments of
the EPA Hazardous Substance Superfund established by 26 U.S.C. § 9507, compounded annually
• •
5
on October I of each year, in accordance with 42 U.S.C. § 9607(a). The applicable rate of
interest shall be the rate in effect at the time the interest accrues. The rate of interest is subject to
change on October I of each year.
i. "Interim Response Costs" shall mean all costs, including direct and indirect
costs, a) paid by the United States in connection with the Site between September 9, 2004, and
the Effective Date, orb) incurred prior to the Effective Date, but paid after that date.
j. "National Contingency Plan" or "NCP" shall mean the National Oil and
Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section I 05 of
CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.
k. "Order" shall mean this Administrative Order on Consent and all appendices
attached hereto (listed in Section XXX). In the event of connict between this Order and any
appendix, this Order shall control.
I. "Paragraph" shall mean a portion of this Order identified by an Arabic numeral.
m. "Parties" shall mean EPA and Respondents.
n. "Past Response Costs" shall mean all costs, including, but not limited to, direct
and indirect costs, that the United States paid at or in connection with the Site through September
9, 2004, plus Interest on all such costs through such date.
o. "RCRA" shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. §§
690 I, el seq. (also known as the Resource Conservation and Recovery Act).
p. "Respondents" shall mean those parties identified in Appendix B.
q. "Section" shall mean a p011ion of this Order identified by a Roman numeral.
r. "Site" shall mean the Ward Transformer Superfund Site, encompassing
approximately 11 acres, located near the Raleigh Durham International Airport on Mount Herman
(Church) Road, north of Aviation Parkway, cast of the No11hem Wake Expressway (540), south
of U.S. Highway 70, in a predominantly industrial area of Raleigh, Wake County, North Carolina.
The "Site" includes all areas to which hazardous substances released at the Ward Transformer
facility have migrated and all areas in close proximity to the contamination that are necessary for
the removal action, and is depicted generally on the map attached as Appendix C.
s. "State" shall mean the State of North Carolina.
t. "Waste Material" shall mean I) any "hazardous substance" under Section
101(14) of CERCLA, 42 U.S.C. § 9601(14); 2) any pollutant or contaminant under Section
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6
IO I (33) of CERCLA, 42 U.S.C. § 960 I (33); 3) any "solid waste" under Section 1004(27) or
RCRA, 42 U.S.C. § 6903(27); and 4) any "hazardous material" under Section 130A-310(2) of
North Carolina General Statutes.
u. "Work" shall mean all activities Respondents are required to perform under this
Order.
IV. FINDINGS OF FACT
9. The following constitutes an outline of the facts upon which this Order is based:
a. The Ward Transformer Superfund Site (Site) is located near the Raleigh Durham
International Airport on Mount Herman (Church) Road, north of Aviation Parkway, east or the
Northern Wake Expressway (540), south of U.S. Highway 70, in a predominantly industrial area
of Raleigh, Wake County, No1th Carolina. The Site encompasses an active transformer
reconditioning facility constructed in 1964 on 11 acres of previously undeveloped land. Estes
Transpott Company, a trucking company, leases property to the south of the facility. Across Mt.
Herman Road from the facility is Triangle Coatings where plastic and metal parts are painted.
The closest residence, the only residence within 1/4 mile of the Site, is approximately 300 feet
northeast of the Ward Transformer property. The Site includes all areas to which hazardous
substances released at the Ward Transformer property have migrated and all areas in close
proximity to the contamination that are necessary for the removal action.
b. The Ward Transformer Site consists of an active facility owned by Ward Transrormer
Company, Inc., and operated by Ward Transformer Sales and Service, Inc. (collectively "Ward").
Ward manufactures, repairs, reconditions, rebuilds, purchases, and sells transformers, switchgear,
and other similar types of electrical equipment. The facility property contains an electrical
equipment reconditioning building, offices, an area where transformers, construction debris, and
scrap metal are stored (Transformer Storage Yard), storage tanks, a storm water lagoon, and a
wastewater treatment plant. The northern portion of the propetty, now vacant, was leased until
2002 to Horizon Forest Products, a lumber supply business. The reconditioning building, offices,
Transformer Storage Yard, and the adjacent former Horizon Forest Products facility are
surrounded by an eight-foot-high chain link fence. The lagoon, located on the southwest corner
of the facility property, is fenced on three sides by an eight-foot-high chain link fence. The down-
gradient ( or dam) side of the lagoon is fenced by a low wire fence.
c. An unnamed tributary that is bordered by wetlands flows from the facility property and
descends through moderate to steep topography into Little Brier Creek approximately I mile from
the facility. Little Brier Creek continues and discharges into Brier Creek Reservoir, a fishery
located about 2.5 miles from the facility. Brier Creek Reservoir flows into Brier Creek and
discharges into Lake Crabtree, a Wake County recreational lake, fishery, and public park located
approximately 3 miles from the facility.
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7
d. Respondent, Ward Transformer Company, Inc., is the current and past owner of the
facility where the transformer and electrical equipment operations take place. Ward Transformer
Company, Inc., began operations at the Site in 1964 and continued operations until 1997. In
I 997, Respondent, Ward Transformer Sales and Service, Inc., assumed operations at the Site and
has continued as the operator ever since. Respondent, Reward Properties, L.L.C., B&B
Apattments, and the Raleigh Durham International Airpott own parcels adjacent to the facility
propetty. The Raleigh Durham International Airport and Respondent, Ward Ventures, L.L.C.,
own parcels along the unnamed tributary that flows from the facility property into Little Brier
Creek. Respondents Ward Transformer Company, Inc., Ward Transformer Sales and Service,
Inc.,Ward Ventures, L.L.C., and Reward Properlies, L.L.C., are listed in Appendix B.
During Ward's operation of the Site, numerous companies, which include municipalities,
electrical utilities, industrial facilities, and other types of businesses, arranged for the disposal of
hazardous substances, and transformers, switchgear, and other types of electrical equipment
containing hazardous substances, at the Site.
e. In April 2003, EPA began collecting samples as part of a Remedial Invesligation of the
Site. The Remedial Investigation (RI) Report, dated September 2004, revealed polychlorinated
bi phenyl (PCB) contamination in surface and subsurface soil in areas around the Ward
Transformer facility inside and outside the fenced area. Specifically, soil samples collected near
the front of the facility's main building contain PCBs as high as 160 patts per million (ppm). Soil
wilh PCB concentrations of up to 1,700 ppm were found in the western portion of the facility
where transformers, conslruction debris, and scrap metal arc stored (Transformer Storage Area).
Soils with PCB concentrations of up to 230 ppm were also discovered in areas outside of the
facility property leading lo the unnamed tributary lo Little Brier Creek. Additionally, sediments
from the Ward Transformer facility's storm water lagoon conlain levels of PCBs as high as 2,900
ppm. PCBs have also been found in sediment samples and fish samples collected from the
unnamed tributary to Little Brier Creek, Little Brier Creek, Brier Creek Reservoir, Brier Creek,
and Lake Crabtree.
f. The Agency for Toxic Substances and Disease Registry's (ATSDR's) initial release of
its Public Health Assessment for the Site concludes that exposure of Site workers to high PCB
concentrations in surface soils at the Ward Transformer facility could contribute to an increase
theoretical risk of developing cancer. High PCB levels in soil from the Ward Transformer facility
continues to be a source of PCB contamination to sediments and fish from the unnamed tributary
to Little Brier Creek, the lower reaches of Little Brier Creek, Brier Creek Reservoir, Brier Creek,
and Lake Crabtree. ATSDR's initial release of its Public Health Assessment for the Site
concludes that edible portions of fish from these waters have PCBs at levels high enough to
increase the theoretical risk of adverse cancer and non-cancer health effects for people who eat
these fish regularly. As a result, the State of North Carolina Department of Health and Human
Services issued fish consumption advisories for these waters and EPA has posted signs with the
advisories warning of dangers of eating fish from these areas.
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8
g. Inspection of the facility area during a removal assessment conducted on August 9,
2004, together with data generated during the Remedial Investigation, indicates that surface water
run-off from contaminated areas in the western portion of the facility where transformers,
construction debris, and scrap metal are stored (Transformer Storage Area) is not completely
controlled allowing discharges into areas outside the facility leading to the unnamed tributary to
Little Brier Creek. Results from EPA's inspection and investigation show on-going
contamination migration into the unnamed tributary to Little Brier Creek from highly
contaminated areas behind the facility as well. The inspection and investigation also show that
surface water run-off from contaminated areas near the front of the facility's main building
discharges into a drainage ditch along Mount Herman Road. In addition, the highly contaminated
sediments in the facility's storm water lagoon may pose a threat of release to the unnamed
tributary to Little Brier Creek given the fact that the lagoon is located on the southern portion of
the property directly up-gradient of the unnamed tributary and the integrity and remaining useful
life of the lagoon is not known.
h. EPA and the North Carolina Department of Environment and Natural Resources
(NCDENR) began an investigation of the Site in 1978 as a result of Ward Transformer's
involvement in the release of used oil containing PCBs along roadsides in North Carolina. During
the time that the roadside spills were being investigated in 1978 and 1979, EPA collected a
number of samples at and downstream from the Ward Transformer facility. PCB contamination
was found in the soil at the Ward Transformer site, in the water and sediment of the storm water
lagoon, and in the water and sediments along the surface water pathway draining the facility.
On January 8, 1979, Ward submitted to EPA a Spill Prevention Control and
Countermeasures (SPCC) Plan for its facility as required by 40 C.F.R. Part I 12. That same year,
Ward was issued an NPDES permit (Permit No. NC0045608) for the discharge of effluent from a
waste water treatment plant located at the facility.
The Ward facility engaged in the open burning of waste to reclaim copper from insulted
wire until the installation of an incinerator in 1973. The incinerator (Permit No. 1582R4) was
operated improperly and a notice of violation (NOV) was issued in 1974. EPA tests, conducted
in 1978 and 1979 showed PCBs in the feed line and stack soot of the incinerator, indicating that
PCB-contaminated oil may have been burned in the incinerator prior to 1979.
In 1983, the facility was deleted as a RCRA generator and added as a small-quantity
RCRA generator although no RCRA-regulated wastes were reportedly generated onsite at that
time.
On September 5, 1985, the Federal District Court for the Eastern District of North
Carolina found Ward Transformer Company, Inc., liable as a company that arranged for the
disposal of PCB-contaminated oil along North Carolina roadsides. See United States v. Ward,
618 F.Supp. 884, 894-95 (E.D.N.C. 1985).
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9
During an inspection in 1986, an illegal discharge was noted from the storm water lagoon.
At least two Notices of Violation (NO Vs) have been issued since 1986 for failure to monitor for
oil and grease as frequently as required.
On March 8, 1988, EPA sent Ward Transformer Company, Inc., a Notice of Non-
Compliance based on a December 10, 1985 inspection of the Ward facility during which EPA
found Ward to be in violation of the PCB regulations, 40 C.F.R. 761, promulgated under Section
6(e) of the Toxic Substances Control Act (TSCA) for the improper storage, inspection; and
record keeping of PCB material.
On March 2, 1989, EPA performed an inspection of the Ward Transformer facility
pursuant to Section 11 ofTSCA. Following the inspection, EPA filed an administrative complaint
against Ward Transformer Company, Inc. The complaint, dated August 25, 1989, sought
penalties for violations of Section 6(e) of TSCA and regulations promulgated pursuant to that
section. Count I of the complaint alleged that Ward Transformer Company,-Inc., failed to
maintairi adequate quarterly inspection records for six PCB transformers that Ward Transformer
was storing at its facility for reuse. Count II of the complaint alleged that Ward Transformer
Company, Inc., failed to maintain adequate records for annual documentation of the six PCB
transformers. On September 24, 1990, Ward Transformer Company, Inc., entered into a Consent
Agreement and Consent Order with EPA admitting the facts alleged in the complaint and agreeing
to pay $8,600 in penalties.
On January 12, 1993, EPA conducted a SPCC inspection at the Ward Transformer facility
for the purpose of determining the facility's compliance status with the requirements of the Oil
Pollution Prevention Regulations at Title 40 of the Code of Federal regulations (40 CFR) Part
112, promulgated pursuant to Section 3ll(j) of the Clean Water Act, 33 U.S.C. Section 132l(j).
The inspection revealed that Ward Transformer was in violation (I) for failing to have a registered
Professional Engineer certify its SPCC Plan, (2) for failing to amend the SPCC plan after a change
in the design, and (3) for failing to review the SPCC plan every three years. On January 27, 1993,
EPA sent Ward a Letter of Deficiency directing Ward to correct the violations.
In response to reports that Ward Transformer was filing for bankruptcy, an emergency
removal investigation was conducted by EPA in early 1993, but PCB contamination was not
found above emergency removal levels. The contamination levels did necessitate further remedial
investigations of the Site, however.
In May 1993 the Site was listed on CERCLIS.
On May 2, 1994, North Carolina conducted a Compliance Evaluation Inspection at the
Site and ordered that drums stored on the southern portion of the facility be removed. The drums
were removed in the Fall of 1994 and sent to the Piedmont Landfill and Recycling Center in
Kernersville, North Carolina.
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On February 6, 1995, North Carolina issued Ward a Notice of Violation (NOV) of its
incinerator permit based on Ward's use of non-PCB-containing transformer oil to fuel the
incinerator. On April I, 1995, Ward's incinerator permit was revised to reclassify the incinerator
as a burnoff oven used only for refurbishing and reclaiming transformer parts. This revision
eliminated the requirement for a continuous temperature measuring and recording device which
was required in the older permit but never installed. The current permit, which became effective
on January I 0, 2000, is valid through December 3 I, 2004.
NCDENR completed a Preliminary A_ssessment (PA) of the Site in March 1994, and
completed a Site Inspection (SI) rep011 in November I 995. Follow-up SI sampling was
conducted in the surface water pathways in December 1995. The results of the SI indicated PCBs
in the surface soil inside the fenced lagoon area and in a ditch and in a wooded area outside the
fenced area at the rear of the Ward Transformer property. The SI findings also indicated PCBs
along the surface water pathway and below more than 0.1 mile of wetland frontage. As a result,
the Site was recommended for an Expanded Site Inspection (ES!).
In February 1997, NCDENR conducted ESI sampling at the Site. The sampling
confirmed that the lagoon sediment, soil at the Ward Transformer facility, and soil west of the
Ward Transformer facility were contaminated with PCBs and octachlorobidenzofuran. Based on
the presence of PCBs and other contaminants in several source areas at the Ward Transformer
facility, and the presence of PCBs in wetlands downstream from the Ward Transformer facility,
NCDENR recommended the Site for further action under CERCLA.
On July 3, 2002, EPA sent Ward Transformer Company, Inc., an Information Request
Letter pursuant to Section I 04 of CERCLA seeking information as part of its investigation of the
Site.
On August 29, 2002, EPA sent Ward Transformer Company, Inc., a General Notice
Letter notifying Ward of its potential liability for the release or threatened release of hazardous
substances at the Site.
On September 5, 2002, the Ward Transformer Site was proposed to be included on the
National Priorities List (NPL). The Site was officially added to the NPL on April 30, 2003.
In April 2003, EPA began collecting samples as pan of a Remedial
Investigation/Feasibility Study (RI/FS) of the Site. Results from the investigation are documented
in the Remedial Inspection (RI) Report dated September 2004. EPA is currently in the process of
completing the Feasibility Study for the Site.
In November 2003 and February 2004, EPA sent several hundred companies Information
Request Letters based on information received from Ward that the companies may have
conducted business with, or sent hazardous materials to, the Site.
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On August 9, 2004, EPA conducted a removal assessment of the Site and determined that
a current unacceptable risk exists at the Site which necessitates a time-critical removal action.
On September 14, 2004, EPA issued an Action Memorandum/Enforcement which
suppmts EPA's decision to implement a time-critical removal at the Site. The Action
Memorandum/Enforcement is attached to this Order as Appendix A.
V. CONCLUSIONS OF LAW AND DETERMINATIONS
10. Based on the Findings of Fact set forth above, and the Administrative Record
supporting this removal action, EPA has determined that:
a. The Ward Transformer Superfund Site is a "facility" as defined by Section
IO I (9) of CERCLA, 42 U.S.C. § 960 I (9).
b. The contamination found at the Site, as identified in the Findings of Fact above,
includes "hazardous substances" as defined by Section 101(14) ofCERCLA, 42 U.S.C. §
9601(14).
c. Each Respondent is a "person" as defined by Section 10 I (21) of CERCLA, 42
U.S.C. § 9601(21).
d. Each Respondent is a responsible party under Section 107(a) of CERCLA, 42
U.S.C. § 9607(a), and is jointly and severally liable for performance of response action and for
response costs incurred and to be incurred at the Site. For example:
1. Respondents Ward Transformer Company, Inc., Ward Transformer
Sales and Service, lnc., Ward Ventures, L.L.C., and Reward
Properties, L.L.C., are the "owner(s)" and/or "operator(s)" of the
facility, as defined by Section l01(20) of CERCLA, 42 U.S.C. §
9601(20), and within the meaning of Section l07(a)(l) of
CERCLA, 42 U.S.C. § 9607(a)(l).
11. Respondents Ward Transformer Company, Inc., and Ward
Transformer Sales and Service, lnc., were the "owners" and/or
"operators" of the facility at the time of disposal of hazardous
substances at the facility, as defined by Section 101(20) of
CERCLA, 42 U.S.C. § 9601(20), and within the meaning of
Section I07(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(2).
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e. The conditions described in Paragraphs 9.e, 9J, 9.g, and 9.h of the Findings of
Fact above constitute an actual or threatened "release" of a hazardous substance from the facility
as defined by Section 101(22) ofCERCLA, 42 U.S.C.§ 9601(22).
f. The removal action required by this Order is necessary to protect the public
health, welfare, or the environment and, if carried out in compliance with the terms of this Order,
will be considered consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP.
VI. ORDER
Based upon the foregoing Findings of Fact, Conclusions of Law, Determinations, and the
Administrative Record for this Site, it is hereby Ordered and Agreed that Respondents shall
comply with all provisions of this Order, including, but not limited to, all attachments to this
Order and all documents incorporated by reference into this Order.
VII. DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR,
AND REMEDIAL PROJECT MANAGER
11. Respondents shall retain one or more contractors to perform the Work and shall
notify EPA of the name(s) and qualifications of such contractor(s) within 5 days of the Effective
Date. Respondents shall also notify EPA of the name(s) and qualification(s) of any other
contractor(s) or subcontractor(s) retained to perform the Work at least 30 days prior to
commencement of such Work. EPA retains the right to disapprove of any or all of the
contractors and/or subcontractors retained by Respondents. If EPA disapproves of a selected
contractor, Respondents shall retain a different contractor and shall notify EPA of that
contractor's name and qualifications within IO days of EPA's disapproval. The proposed
contractor must demonstrate compliance with ANSI/ASQC E-4-1994, "Specifications and
Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology
Programs" (American National Standard, January 5, I 995), by submitting a copy of the proposed
contractor's Quality Management Plan ("QMP"). The QMP should be prepared in accordance
with "EPA Requirements for Quality Management Plans (QNR-2)" (El' N240/B0-l/002), or
equivalent documentation as required by EPA.
12. Within 5 days after the Effective Date, Respondents shall designate a Project
Coordinator who shall be responsible for administration of all actions by Respondents required by
this Order and shall submit to EPA the designated Project Coordinator's name, address, telephone
number, and qualifications. To the greatest extent possible, the Project Coordinator shall be
present on Site or readily available during Site work. EPA retains the right to disapprove of the
designated Project Coordinator. If EPA disapproves of the designated Project Coordinator,
Respondents shall retain a different Project Coordinator and shall notify EPA of that person's
• •
13
name, address, telephone number, and qualifications within 10 days following EPA's disapproval.
Receipt by Respondents' Project Coordinator of any notice or communication from EPA relating
to this Order shall constitute receipt by all Respondents.
13. EPA has designated Luis Flores of the Superfund Remedial and Site Evaluation
Branch, Region 4, as its Remedial Project Manager ("RPM"). Except as otherwise provided in
this Order, Respondents shall direct all submissions required by this Order to Luis Flores at 61
Forsyth Street S.W., Atlanta, GA 30303.
14. E~A and Respondents shall have the right, subject to Paragraph 12, to change their
respective designated RPM or Project Coordinator. Respondents shall notify EPA IO days before
such a changc"is made. The initial notification may be made orally, but shall be promptly followed
by a written notice.
VIII. WORK TO BE PERFORMED
15. Respondents shall perform, at a minimum, all actions necessary to implement Section
Y.A.1.a) of the Action Memorandum/Enforcement. Respondents shall perfo1m the actions listed
in Section Y.A.1.a) of the Action Memorandum/Enforcement in a manner that does not interfere
with or adversely affect the implementation, integrity, protectiveness, or timely completion of the
actions listed in Section Y.A.l.b) of the Action Memorandum/Enforcement.
16. Work Plan and Implementation.
a. Within 30 days after the Effective Date, Respondents shall submit to EPA for
approval a draft Work Plan for performing the removal action generally described in Paragraph 15
above. The draft Work Plan shall provide a description of, and an expeditious schedule for, the
actions required by this Order. Respondents shall prepare a Quality Assurance Project Plan
("QAPP") as pan of the Work Plan. The QAPP should be prepared in accordance with "EPA
Requirements for Quality Assurance Project Plans (QNR-5)" (EPA/240/B-01/003, March 2001),
and "EPA Guidance for Quality Assurance Project Plans (QNG-5)" (EPN600/R-98/018,
February 1998).
b. EPA may approve, disapprove, require revisions to, or modify the draft Work
Plan in whole or in pan. If EPA requires revisions, Respondents shall submit a revised draft
Work Plan within IO days of receipt of EPA's notification of the required revisions. Respondents
shall implement the Work Plan as approved in writing by EPA in accordance with the schedule
approved by EPA. Once approved, or approved with modifications, the Work Plan, the schedule,
and any subsequent modifications shall be incorporated into and become fully enforceable under
this Order.
c. Respondents shall not commence any Work except in confoTI11ance with the
terms of this Order. Respondents shall not commence implementation of the Work Plan
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14
developed hereunder until receiving written EPA approval pursuant to Paragraph 16(b).
17. Health and Safety Plan. Within 30 days after the Effective Date, Respondents shall
submit for EPA review and comment a plan that ensures the protection of the public health and
safety during performance of on-Site work under this Order. This plan shall be prepared in
accordance with EPA's Standard Operating Safety Guide (PUB 9285.1-03, PB 92-963414, June
1992). In addition, the plan shall comply with all currently applicable Occupational Safety and
Health Administration ("OSHA") regulations found at 29 C.F.R. Part 1910. If EPA determines
that it is appropriate, the plan shall also include contingency planning. Respondents shall
incorporate all changes to the plan recommended by EPA and shall implement the plan during the
pendency of the removal action.
I 8. Quality Assurance and Sampling.
a. All sampling and analyses performed pursuant to this Order shall conform to
EPA direction, approval, and guidance regarding sampling, quality assurance/quality control
("QA/QC"), data validation, and chain of custody procedures. Respondents shall ensure that the
laboratory used to perform the analyses patticipates in a QNQC program that complies with the
appropriate EPA guidance. Respondents shall follow, as appropriate, "Quality Assurance/Quality
Control Guidance for Removal Activities: Sampling QA/QC Plan and Data Validation
Procedures" (OSWER Directive No. 9360.4-01, April I, 1990), as guidance for QNQC and
sampling. In addition, Respondents shall follow, "Environmental Investigations Standard
Operating Procedures and Quality Assurance Manual (EISOPQAM)(November 200 I)."
Respondents shall only use laboratories that have a documented Quality System that complies with
ANSI/ ASQC E-4 I 994, "Specifications and Guidelines for Quality Systems for Environmental
Data Collection and Environmental Technology Programs" (American National Standard, January ·
5, 1995), and "EPA Requirements for Quality Management Plans (QNR-2) (EPN240/B-0l/002,
March 200 I)," or equivalent documentation as determined by EPA. EPA may consider
laboratories accredited under the National Environmental Laboratory Accreditation Program
("NELAP") as meeting the Quality System requirements.
b. Upon request by EPA, Respondents shall have such a laboratory analyze
samples submitted by EPA for QA monitoring. Respondents shall provide to EPA the QNQC
procedures followed by all sampling teams and laboratories performing data collection and/or
analysis.
c. Upon request by EPA, Respondents shall allow EPA or its authorized
representatives to take split and/or duplicate samples. Respondents shall notify EPA not less than
7 days in advance of any sample collection activity, unless shorter notice is agreed to by EPA.
EPA shall have the right to take any additional samples that EPA deems necessary. Upon request,
EPA shall allow Respondents to take split or duplicate samples of any samples it takes as patt of
its oversight of Respondents' implementation of the Work.
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15
19. Post-Removal Site Control. In accordance with the Work Plan schedule, or as
otherwise directed by EPA, Respondents shall submit a proposal for post-removal site control
consistent with Section 300.415(/) of the NCP and OSWER Directive No. 9360.2-02. Upon EPA
approval, Respondents shall implement such controls and shall provide EPA with documentation
of all post-removal site control arrangements.
20. Rcp011ing.
a. Respondents shall submit a written progress rep011 to EPA concerning actions
undertaken pursuant to this Order every 10th day of each month after the date of receipt of EPA's
approval of the Work Plan until termination of this Order, unless otherwise directed in writing by
the RPM. These repo11s shall describe all significant developments during the preceding period,
including the actions petformed and any problems encountered, analytical data received during the
rcpo11ing period, and the developments anticipated during the next repo11ing period, including a
schedule of actions to be performed, anticipated problems, and planned resolutions of past or
anticipated problems.
b. Respondents shall submit 5 copies of all plans, reports or other submissions
required by this Order or any approved work plan. Upon request by EPA, Respondents shall
submit such documents in electronic form.
c. Respondents who own or control prope11y at the Site shall, at least 30 days prior
to the conveyance of any interest in real property at the Site, give written notice to the transl"crec
that the property is subject to this Order and written notice to EPA and the State of the proposed
conveyance, including the name and address of the transferee. Respondents who own or control
property at the Site also agree to require that their successors comply with the immediately
proceeding sentence and Sections IX (Site Access and ICs) and X (Access to Information).
21. Final Report. Within 30 days after completion of all Work required by this Order,
Respondents shall submit for EPA review and approval a final report summarizing the actions
taken to comply with this Order. The final rcpo11 shall conform with the requirements set fo11h in
Section 300. 165 of the NCP entitled "OSC Reports" and with "Superfund Removal Procedures:
Removal Response Reporting-POLREPS and OSC Reports" (OSWER Directive No. 9360.3-03,
June I, 1994). The final report shall include a good faith estimate of total costs or a statement of
actual costs incurred in complying with the Order, a listing of quantities and types of materials
removed off-Site or handled on-Site, a discussion of removal and disposal options considered for
those materials, a listing of the ultimate dcstination(s) of those materials, a presentation of the
analytical results of all sampling and analyses performed, and accompanying appendices containing
all relevant documentation generated during the removal action (e.g., manifests, invoices, bills,
contracts, and permits). The final report shall also include the following certification signed by a
person who supervised or directed the preparation of that report:
"Under penalty of law, I certify that to the best of my knowledge, after appropriate
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16
inquiries of all relevant persons involved in the preparation of the report, the information submitted
is true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
22. Off-Site Shipments.
a. Respondents shall, prior to any off-Site shipment of Waste Material from the
Site to an out-of-state waste management facility, provide written notification of such shipment of
Waste Material to the appropriate state environmental official in the receiving facility's state and to
the Remedial Project Manager. However, this notification requirement shall not apply to any off-
Site shipments when the total volume of all such shipments will not exceed 10 cubic yards.
i. Respondents shall include in the written notification the following
information: I) the name and location of the facility to which the Waste Material is to be shipped;
2) the type and quantity of the Waste Material to be shipped; 3) the expected schedule for the
shipment of the Waste Material; and 4) the method of transportation. Respondents shall notify the
state in which the planned receiving facility is located of major changes in the shipment plan, such
as a decision to ship the Waste Material to another facility within the same state, or to a facility in
another state.
ii. The identity of the receiving facility and state will be determined by
Respondents following the award of the contract for the removal action. Respondents shall
provide the information required by Paragraph 22(a) and 22(b) as soon as practicable after the
award of the contract and before the Waste Material is actually shipped.
b. Before shipping any hazardous substances, pollutants, or contaminants from the
Site to an off-site location, Respondents shall obtain EPA's certification that the proposed
receiving facility is operating in compliance with the requirements of CERCLA Section 121 (d)(3),
42 U.S.C. § 9621(d)(3), and 40 C.F.R. § 300.440. Respondents shall only send hazardous
substances, pollutants, or contaminants from the Site to an off-site facility that complies with the
requirements of the statutory provision and regulation cited in the preceding sentence.
IX. SITE ACCESS AND INSTITUTIONAL CONTROLS
23. If the Site, or any other property where access and/or land/water use restrictions arc
needed to implement this Order, is owned or controlled by Respondents, Respondents shall:
a. commencing on the Effective Date of this Order, provide the EPA, the State,
and their representatives, including their contractors, with access at all reasonable times to the
Site, or such other property, for the purpose of conducting any activity related to this Order
including, but not limited to, the following activities:
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17
(!) Monitoring the Work;
(2) ,Verifying any data or information submitted to EPA or the State;
(3) Conducting investigations relating to contamination at or near the
Site;
(4) Obtaining samples;
(5) Assessing the need for, planning, or implementing additional
response actions at or near the Site;
(6) Assessing implementation of quality assurance and quality control
practices as defined in the approved Quality Assurance Project
Plans;
(7) Implementing the Work pursuant to the conditions set fot1h in
Paragraph 63 (Work Takeover) of this Order;
(8) Inspecting and copying records, operating logs, contracts, or other
documents maintained or generated by Respondents or their agents,
consistent with Section X (Access to Information);
(9) Assessing Respondents' compliance with this Order; and
(10) Determining whether the Site or other propet1y is being used in a
manner that is prohibited or restricted, or that may need to be
prohibited or restricted, by or pursuant to this Order.
b. commencing on the Effective Date of this Order, refrain from using the Site, or
such other prope11y, in any manner that would interfere with or adversely affect the
implementation, integrity, or protectiveness of the removal measures to be performed pursuant to
this Order; and
c. if EPA so requests, execute and record in the Recorder's Office or Registry of
Deeds or other appropriate land records office of Wake County, State of Not1h Carolina, an
easement, running with the land, that (i) grants a right of access for the purpose of conducting any
activity related to this Order including, but not limited to, those activities listed in Paragraph 23.a
of this Order, and (ii) grants the right to enforce any land/water use restrictions required pursuant
to Paragraph 23.b of this Order, or other restrictions that EPA determines are necessary to
implement, ensure non-interference with, or ensure the protectiveness of the removal measures to
be performed pursuant to this Order. Respondents shall grant the access rights and the rights to
enforce the land/water use restrictions to one or more of the following persons, as determined by
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EPA (i) EPA and its representatives, (ii) the State and its representatives, ancl/or (iii) other
appropriate grantees. Within 30 days of EPA's request ror an casement, Respondents shall submit
to EPA ror review and approval with respect to such property:
(I) A drart casement that is enforceable under the laws of the State of
North Carolina, and
(2) a current title insurance commitment or some other evidence of title
acceptable to EPA, which shows title to the land described in the
easement to be free and clear of all prior liens and encumbrances
(except when those liens or encumbrances are approved by EPA or
when, despite best effo,ts, Respondents are unable to obtain release
or subordination of such prior liens or encumbrances).
Within 15 days of EPA's approval and acceptance of the easement and the title
evidence, Respondents shall update the title search and, if it is determined that nothing has
occurred since the effective date of the commitment to affect the title adversely, record the
casement with the Recorder's Office or Registry of Deeds or other appropriate office of Wake
County. Within 30 days of recording the casement, Respondents shall provide EPA with a final
title insurance policy, or other final evidence of title acceptable to EPA, and a·ce1tified copy of the
original recorded casement showing the clerk's recording stamps. If the easement is to be
conveyed to the United States, the casement and title evidence (including final title evidence) shall
be prepared in accordance with the U.S. Department of Justice Title Standards 200 I, and approval
of the sufficiency of title must be obtained as required by 40 U.S.C. § 255.
24. If the Site, or any other property where access ancl/or Janel/water use restrictions are
needed to implement this Order, is owned or controlled by persons other than Respondents,
Respondents shall use best efforts to secure from such persons:
a. an agreement to provide access thereto for Respondents, as well as for EPA, the
State, as well as their representatives (including contractors), for the purpose of conducting any
activity related to this Order including, but not limited to, those activities listed in Paragraph 23.a
of this Order;
b. an agreement, enforceable by the Respondents and EPA, to refrain from using
the Site, or such other property, in any manner that would interfere with or adversely affect the
implementation, integrity, or protectiveness of the removal measures to be performed pursuant to
this Order; and
c. if EPA so requests, the execution and recordation in the Recorder's Office or
Registry of Deeds or other appropriate land records office of Wake County, State of North
Carolina, of an easement, running with the land, that (i) grants a right of access for the purpose of
conducting any activity related to this Order including, but not limited to, those activities listed in
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Paragraph 24.a of this Order, and (ii) grants the right to enforce any land/water use restrictions
required pursuant to Paragraph 24.b of this Order, or other restrictions that EPA determines arc
necessary to implement, ensure non-interference with, or ensure the protectiveness of the removal
measures to be performed pursuant to this Order. The access rights and/or rights to enforce
land/water use restrictions shall be granted to one or more of the following persons, as determined
by EPA (i) EPA and its representatives, (ii) the State and its representatives, (iii) Respondents and
their representatives, and/or (iv) other appropriate grantees. Within 30 days of EPA's request for
an easement, Respondents shall submit to EPA for review and approval with respect to such
propc11y:
(I) A draft easement that is enforceable under the laws of the State of
North Carolina, and
(2) a current title insurance commitment, or some other evidence of title
acceptable to EPA, which shows title to the land described in the
easement to be free and clear of all prior liens and encumbrances
(except when those liens or encumbrances are approved by EPA or
when, despite best efforts, Respondents are unable to obtain release
or subordination of such prior liens or encumbrances).
Within 15 days of EPA's approval and acceptance of the easement and the title
evidence, Respondents shall update the title search and, if it is determined that nothing has
occurred since the effective date of the commitment to affect the title adversely, the easement shall
be recorded with the Recorder's Office or Registry of Deeds or other appropriate office of Wake
County. Within 30 days of the recording of the easement, Respondents shall provide EPA with a
final title insurance policy, or other final evidence of title acceptable to EPA, and a certified copy
of the original recorded easement showing the clerk's recording stamps. If easement is to be
conveyed to EPA, the easement and title evidence (including final title evidence) shall be prepared
in accordance with the U.S. Department of Justice Title Standards 2001, and approval of the
sufficiency of title must be obtained as required by 40 U.S.C. § 255.
25. For purposes of Paragraphs 23 and 24 of this Order, "best efforts" includes the
payment of reasonable sums of money in consideration of access, access easements, land/water use
restrictions, restrictive easements, and/or an agreement to release or subordinate a prior lien or
encumbrance. If (a) any access or land/water use restriction agreements required by Paragraphs
24.a or 24.b of this Order arc not obtained within 45 days of the Effective Date of this Order, (b)
any access easements or restrictive easements required by Paragraph 24.c of this Order are not
submitted to EPA in draft form within 30 days of EPA's request for an easement, or (c)
Respondents are unable to obtain an agreement pursuant to Paragraph 23.c.(2) or Paragraph
24.c.(2) from the holder of a prior lien or encumbrance to release or subordinate such lien or
encumbrance to the easement being created pursuant to this Order within 45 days of the Effective
Date of this Order, Respondents shall promptly notify EPA in writing, and shall include in that
notification a summary of the steps that Respondents have taken to attempt to comply with
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Paragraph 23 or 24 of this Order. EPA may, as it deems appropriate, assist Respondents in
obtaining access or land/water use restrictions, either in the form of contractual agreements or in
the form of casements running with the land, or in obtaining the release or subordination of a prior
lien or encumbrance. Respondents shall reimburse EPA in accordance with the procedures in
Section XV (Payment of Response Costs), for all costs incurred, direct or indirect, by EPA in
obtaining such access, land/water use restrictions, and/or the release/subordination of prior liens or
encumbrances including, but not limited to, the cost of attorney time and the amount of monetary
consideration paid or just compensation.
26. If EPA determines that land/water use restrictions in the form of state or local laws,
regulations, ordinances or other governmental controls arc necessary to implement, ensure non-
interference with, or ensure the protectiveness of the removal measures to be performed pursuant
to this Order, Respondents shall cooperate with EPA's and the State's efforts to secure such
governmental controls.
27. Notwithstanding any provision of this Order, EPA and the State retain all of their
access authorities and rights, as well as all of their rights to require land/water use restrictions,
including enforcement authorities related thereto, under CERCLA, RCRA and any other applicable
statute or regulations.
X. ACCESS TO INFORMATION
28. Respondents shall provide to EPA and the State, upon request, copies of all
documents and information within their possession or control or that of their contractors or agents
relating to activities at the Site or to the implementation of this Order, including, but not limited to,
sampling, analysis, chain of custody records, manifests, trucking logs, receipts, reports, sample
traffic routing, correspondence, or other documents or information related to the Work.
Respondents shall also make available to EPA and the State, for purposes of investigation,
information gathering, or testimony, their employees, agents, or representatives with knowledge of
relevant facts concerning the performance of the Work.
29. Respondents may assert business confidentiality claims covering pa11 or all of the
documents or information submitted to EPA and the State under this Order to the extent permitted
by and in accordance with Section l04(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R.
§ 2.203(b). Documents or information determined to be confidential by EPA will be afforded the
protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality accompanies
documents or information when they are submitted to EPA and the State, or if EPA has notified
Respondents that ~he documents or information arc not confidential under the standards of Section
I04(e)(7) of CERCLA or 40 C.F.R. Part 2, Subpart B, the public may be given access to such
documents or information without further notice to Respondents.
30. Respondents may assert that certain documents, records and other information are
privileged under the attorney-client privilege or any other privilege recognized by federal law. If
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21
the Respondents assert such a privilege in lieu of providing documents, they shall provide EPA and
the State with the following: 1) the title of the document, record, or information; -2) the date of the
document, record, or information; 3) the name and title of the author of the document, record, or
information; 4) the name and title of each addressee and recipient; 5) a description of the contents
of the document, record, or information; and 6) the privilege asserted by Respondents. However,
no documents, repmts or other information created or generated pursuant to the requirements of
this Order shall be withheld on the grounds that they are privileged.
31. No claim of confidentiality shall be made with respect lo any data, including, but not
limited to, all sampling, analytical, monitoring, hydrogcologic, scientific, chemical, or engineering
data, or any other documents or information evidencing conditions al or around the Site.
XI. RECORD RETENTION
32. Until 10 years after Respondents' receipt of EPA's notification pursuant to Section
XXlX (Notice of Completion of Work), each Respondent shall preserve and retain all non-
identical copies of records and documents (including records or documents in electronic form)
now in its possession or control or which come into its possession or control that relate in any
manner lo the performance of the Work or the liability of any person under CERCLA with respect
to the Site, regardless of any corporate retention policy to the contrary. Until 10 years after
Respondents' receipt of EPA's notification pursuant to Section XXIX (Notice of Completion of
Work), Respondents shall also instruct their contractors and agents to preserve all documents,
records, and information of whatever kind, nature or description relating lo performance of the
Work.
33. Al the conclusion of this document retention period, Respondents shall notify EPA and
the State al least 90 days prior to the destruction of any such records or documents, and, upon
request by EPA or the State, Respondents shall deliver any such records or documents to EPA or
the Stale. Respondents may assert that certain documents, records and other information are
privileged under the attorney-client privilege or any other privilege recognized by federal law. If
Respondents assert such a p1ivilegc, they shall provide EPA or the Stale with the following: 1) the
title of the document, record, or information; 2) the date of the document, record, or information;
3) the name and title of the author of the document, record, or information; 4) the name and title of
each addressee and recipient; 5) a description of the subject of the document, record, or
information; and 6) the privilege asserted by Respondents. However, no documents, reports or
other information created or generated pursuant to the requirements of this Order shall be withheld
on the grounds that they arc privileged.
34. Each Respondent hereby certifies individually that lo the best of its knowledge and
belief, after thorough inquiry, it has not altered, mutilated, discarded, destroyed or otherwise
disposed of any records, documents or other information (other than identical copies) relating lo
its potential liability regarding the Sile since notification of potential liability by EPA or the State
or the filing of suit against it regarding the Site and that it has fully complied with any and all EPA
• •
22
requests for information pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S.C. §§
9604(e) and 9622(e), and Section 3007 of RCRA, 42 U.S.C. § 6927.
XII. COMPLIANCE WITH OTHER LAWS
35. Respondents shall perform all actions required pursuant to this Order in accordance
with all applicable local, state, and federal laws and regulations except as provided in Section
121 (e) of CERCLA, 42 U.S.C. § 692 l(e), and 40 C.F.R. §§ 300.400(e) and 300.41 SU). In
accordance with 40 C.F.R. § 300.4 I SU), all on-Site actions required pursuant to this Order shall,
to the extent practicable, as determined by EPA, considering the exigencies of the situation, attain
applicable or relevant and appropriate requirements ("ARARs") under federal environmental or
state environmental or facility siting laws. Respondents shall identify ARARs in the Work Plan
subject to EPA approval.
XIII. EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES
36. In the event of any action or occutTence during performance of the Work which causes
or threatens a release of Waste Material from the Site that constitutes an emergency situation or
may present an immediate threat to public health or welfare or the environment, Respondents shall
immediately take all appropriate action. Respondents shall take these actions in accordance with
all applicable provisions of this Order, including, but not limited to, the Health and Safety Plan, in
order to prevent, abate or minimize such release or endangerment caused or threatened by the
release. Respondents shall also immediately notify the RPM or, in the event of his/her
unavailability, the Regional Duty Officer, Emergency Response and Removal Branch, US EPA,
Region 4, 404-562-8700 (Duty Officer#), 1-800-424-8802 (24 hour number), of the incident or
Site conditions. In the event that Respondents fail to take appropriate response action as required
by this Paragraph, and EPA takes such action instead, Respondents shall reimburse EPA all costs
of the response action not inconsistent with the NCP pursuant to Section XV (Payment of
Response Costs).
37. In addition, in the event of any release of a hazardous substance from the Site,
Respondents shall immediately notify the RPM at [phone] and the National Response
Center at [phone]. Respondents shall submit a written report to EPA within 7 days after
each release, setting forth the events that occurred and the measures taken or to be taken to
mitigate any release or endangerment caused or threatened by the release and to prevent the
reoccutTence of such a release. This repo1ting requirement is in addition to, and not in lieu of,
rep011ing under Section l03(c) of CERCLA, 42 U.S.C. § 9603(c), and Section 304 of the
Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. § 11004, et seq.
XIV. AUTHORITY OF REMEDIAL PROJECT MANAGER
38. The RPM shall be responsible for overseeing Respondents' implementation of this
Order. The RPM shall have the authority vested in an RPM by the NCP, including the authority to
• •
23
halt, conduct, or direct any Work required by this Order, or to direct any other removal action
undertaken at the Site. Absence of the RPM from the Site shall not be cause for stoppage of work
unless specifically directed by the RPM.
XV. PAYMENT OF RESPONSE COSTS
39. Payment for Past Response Costs.
a. Within 30 days after the Effective Date, Respondents shall pay to EPA
$1,573,084.06 for Past Response Costs. Payment shall be made to EPA by Electronic Funds
Transfer ("EFT") in accordance with current EFT procedures to be provided to Respondents by
EPA Region 4, and shall be accompanied by a statement identifying the name and address of the
party(ies) making payment, Lock Box Number 100142, Account Number 375-021-7962, and
Routing Transit Number 111-0000-12. It should also reference the EPA docket number for this
action, the identity of the Site and Site Number A4S4.
b. At the time of payment, Respondents shall send a copy of notice of payment to
the following persons:
Ms. Paula V. Batchelor
U.S. Environmental Protection Agency, Region 4
11 th Floor, Superfund Enforcement and Information Management Branch
Waste Management Division
61 Forsyth Street, SW
Atlanta, Georgia 30303
Matthew L. Hicks
Associate Regional Counsel
U.S. Environmental Protection Agency, Region 4
Office of Environmental Accountability
61 Forsyth Street, SW
Atlanta, Georgia 30303
c. The total amount to be paid by Respondents pursuant to Paragraph 39(a) shall be
deposited in the Ward Transformer Superfund Site Special Account within the EPA Hazardous
Substance Superfund to be retained and used to conduct or finance response actions at or in
connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.
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40. Payments for Future Response Costs.
a. Respondents shall pay EPA all Future Response Costs not inconsistent with the
NCP. On a periodic basis, EPA will send Respondents a bill requiring payment that includes a
SCORPIOS Report, which shall serve as the basis for payment demands. Failure to submit an
accounting in one bill does not prevent EPA from submitting an accounting for that billing period in
a subsequent bill. Respondents shall make all payments within 39 days of receipt of each bill
requiring payment, except as otherwise provided in Paragraph 42 of this Order.
b. Respondents shall make all payments required by this Paragraph by Electronic
Funds Transfer ("EFT") pursuant to the instructions in Paragraph 39(a).
c. At the time of payment, Respondents shall send a copy of notice of payment to
the persons identified in Paragraph 39(b).
d. The total amount to be paid by Respondents pursuant to Paragraph 40(a) shall be
deposited in the Ward Transformer Superfund Site Special Account within the EPA Hazardous
Substance Supcrfund to be retained and used to conduct or finance response actions at or in
connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.
41. In the event that the payment for Past Response Costs is not made within 30 days of the
Effective Date, or the payments for Future Response Costs arc not made within 30 days of
Respondents' receipt of a bill, Respondents shall pay Interest on the unpaid balance. The Interest
on Past Response Costs shall begin to accrue on the Effective Date and shall continue to accrue
until the date of payment. The Interest on Future Response Costs shall begin to accrue on the date
of the bill and shall continue to accrue until the date of payment. Payments of Interest made under
this Paragraph shall be in addition to such other remedies or sanctions available to the United States
by virtue of Respondents' failure to make timely payments under this Section, including but not
limited to, payment of stipulated penalties pursuant to Section XVIII.
42. Respondents may dispute all or part of a bill for Future Response Costs submitted
under this Order. Respondents agree to limit any disputes concerning the bill for Future Response
Costs to accounting errors or costs which arc inconsistent with the NCP. The dispute resolution
procedures set forth in this paragraph in conjunction with the procedures set forth in Section XVI
(Dispute Resolution) shall be the exclusive mechanism for resolving disputes concerning the bill for
Future Responses Costs. If any dispute over costs is resolved before payment is due, the amount
due will be adjusted as necessary. If the dispute is not resolved before payment is due, Respondents
shall pay the full amount of the uncontested costs to EPA as specified in Paragraph 40 on or before
the due date. Within the same time period, Respondents shall pay the full amount of the contested
costs into an interest-bearing escrow account. Respondents shall simultaneously transmit a copy of
both notices of payment to the persons listed in Paragraph 40(c) above. Respondents shall ensure
that the prevailing party or parties in the dispute shall receive the amount upon which they prevailed
from the escrow funds plus interest within 7 days after the dispute is resolved.
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25
XVI. DISPUTE RESOLUTION
43. Unless otherwise expressly provided for in this Qrder, the dispute resolution procedures
of this Section shall be the exclusive mechanism for resolving disputes arising under this Order. The
Parties shall attempt to resolve any disagreements concerning this Order expeditiously and
informally.
44. If Respondents object to any EPA action taken pursuant to this Order, including billings
for Future Response Costs, they shall notify EPA in writing of their objection(s) within 10 days of
such action, unless the objection(s) has/have been resolved informally. EPA and Respondents shall
have 14 days from EPA's receipt of Respondents' written objcction(s) to resolve the dispute
through formal negotiations (lhe "Negotiation Period"). The Negotiation Period may be extended
at the sole discretion of EPA.
45. Any agreement reached by the parties pursuant to this Section shall be in writing and
shall, upon signature by both parties, be incorporated into and become an enforceable pmt of this
Order. If the Parties arc unable to reach an agreement within the Negotiation Period, the EPA
Region 4 Waste Management Division Director will issue a written decision on the dispute to
Respondents. EPA's decision shall be incorporated into and become an enforceable part of this
Order. Respondents' obligations under this Order shall not be tolled by submission of any objection
for dispute resolution under this Section. Following resolution of the dispute, as provided by this
Section, Respondents shall fulfill the requirement that was the subject of the dispute in accordance
with the agreement reached or with EPA's decision, whichever occurs.
XVII. FORCE MAJEURE
46. Respondents agree to perform all requirements of this Order within the time limits
established under this Order, unless the performance is delayed by a force 111aje11re. For purposes of
this Order, aforce majeure is defined as any event arising from causes beyond the control of
Respondents, or of any entity controlled by Respondents, including but not limited to their
contractors and subcontractors, which delays or prevents performance of any obligation under this
Order despite Respondents' best efforts to fulfill the obligation. Force majeure does nol include
financial inability to complete the Work, or increased cost of performance, or a failure to attain
performance standards/action levels set forth in the Action Memorandum/Enforcement.
47. If any event occurs or has occuned that may delay the performance of any obligation
under this Order, whether or not caused by a force majeure event, Respondents shall notify EPA
orally within 72 hours of when Respondents first knew that the event might cause a delay. Within 7
days thereafter, Respondents shall provide to EPA in writing an explanation and description of the
reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to
prevent or minimize the delay; a schedule for implementation of any measures lo be taken to
prevent or mitigate the delay or the effect of the delay; Respondents' rationale for attributing such
delay to a force 111aje11re event if they intend to assert suc_h a claim; and a statement as to whether,
• •
26
in the opinion of Respondents, such event may cause or contribute to an endangerment to public
health, welfare or the environment. Failure to comply with the above requirements shall preclude
Respondents from as setting any claim of force 111aje11re for that event for the period of time of such
failure to comply and for any additional delay caused by such failure.
48. If EPA agrees that the delay or anticipated delay is attributable to aji,rce 111aje11re
event, the time for performance of the obligations under this Order that are affected by thej'orce
majeure event will be extended by EPA for such time as is necessary to complete those obligations.
An extension of the time for performance of the obligations affected by the force 111aje11re event
shall not, of itself, extend the time for performance of any other obligation. If EPA docs not agree
that the delay or anticipated delay has been or will be caused by aforce majeure event, EPA will
notify Respondents in writing of its decision. If EPA agrees that the delay is attributable to ajrJrce
majeure event, EPA will notify Respondents in writing of the length of the extension, if any, for
performance of the obligations affected by the jrJrce majeure event.
XVIII. STIPULATED PENALTIES
49. Respondents shall be liable to EPA for stipulated penalties in the amounts set forth in
Paragraphs 50, 51, 52, and 53 for failure to comply with the requirements of this Order specified
below, unless excused under Section XVII (Force Majeure). "Compliance" by Respondents shall
include completion of the activities under this Order or any work plan or other plan approved under
this Order identified below in accordance with all applicable requirements of law, this Order, and
any plans or other documents approved by EPA pursuant to this Order and within the specified time
schedules established by and approved under this Order.
50. Stipulated Penalty Amounts.
a. The following stipulated penalties shall accrue per violation per day for any
noncompliance identified in Paragraph 50(b):
Penalty Per Violation Per Day
$ 1,250
$2,500
$5,000
Period of Noncompliance
I st through 14th day
15th through 30th day
31st day and beyond
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b. Types of Noncompliance
(I) Failure to timely submit the deliverables set forth in Paragraphs 16, 17,
21, 74, 75, 76, and 82 of this Order.
(2) Failure to timely submit any modifications to reports, plans, or schedules
as required under the Order.
(3) Failure to timely submit payment of the Past Response Costs and the
undisputed portion of any Future Response Costs as provided in Section XV.
51. If Respondents fail to submit a progress report by its due date, Respondents shall be
liable to EPA for stipulated penalties in the amount of $1,250 per violation for each day during
which Respondents fail to submit and, if necessary, modify progress reports.
52. Respondents shall be liable to EPA for stipulated penalties in the amount of $2,500 per
violation for each day during which Respondents fail to comply with all other requirements of this
Order.
53. In the event that EPA assumes petformance of a portion or all of the Work pursuant to
Paragraph 63 of Section XX, Respondents shall be liable for a stipulated penalty in the amount of
$50,000.
54. All penalties shall begin to accrue on the day after the complete performance is due or
the day a violation occurs, and shall continue to accrue through the final day of the correction of the
noncompliance or completion of the activity. However, stipulated penalties shall not accrue: I)
with respect to a deficient submission under Section VIII (Work to be Performed), duting the
period, if any, beginning on the 31st day after EPA's receipt of such submission until the date that
EPA notifies Respondents of any deficiency; and 2) with respect to a decision by the EPA Region 4
Waste Management Division Director, under Paragraph 4 of Section XVI (Dispute Resolution),
during the period, if any, beginning on the 15th day after the Negotiation Period begins until the
date that the EPA management official issues a final decision regarding such dispute. Nothing
herein shall prevent the simultaneous a~crual of separate penalties for separate violations of this
Order.
55. Following EPA's determination that Respondents have failed to comply with a
requirement of this Order, EPA may give Respondents written notification of the failure and
describe the noncompliance. EPA may send Respondents a written demand for payment of the
penalties. However, penalties shall accrue as provided in the preceding Paragraph regardless of
whether EPA has notified Respondents of a violation.
56. All penalties accruing under this Section shall be due and payable to EPA within 30
days of Respondents' receipt from EPA of a demand for payment of the penalties, unless
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Respondents invoke the dispute resolution procedures under Section XVI (Dispute Resolution).
All payments to EPA under this Section shall be paid by Electronic Funds Transfer (EFT) in
accordance with current EFT procedures to be provided to Respondent by EPA Region 4, and shall
be accompanied by a statement identifying the name and address of the Respondent, Lock Box
Number 100142, Account Number 375-021-7962, and Routing Transit Number 111-0000-12. It
should also reference the EPA docket number for this action, the identity of the Site and Site
Number A45 I. Copies of the notice of payment and any accompanying transmittal letter(s), shall be
sent to the EPA officials listed in Paragraph 39.b of this Order.
57. The payment of penalties shall not alter in any way Respondents' obligation to complete
performance of the Work required under this Order.
58. Penalties shall continue to accrue during any dispute resolution period, but need not be
paid until 15 days after the dispute is resolved by agreement or by receipt of EPA's decision.
59. If Respondents fail to pay stipulated penalties when due, EPA may institute proceedings
to collect the penalties, as well as Interest. Respondents shall pay Interest on the unpaid balance,
which shall begin to accrue on the date of demand made pursuant to Paragraph 56. Nothing in this
Order shall be construed as prohibiting, alte,ing, or in any way limiting the ability of EPA to seek
any other remedies or sanctions available by virtue of Respondents' violation of this Order or of the
statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to
Sections l06(b) and 122(1) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(1), and punitive damages
pursuant to Section l07(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA
shall not seek civil penalties pursuant to Section I 06(b) or 122(1) of CERCLA or punitive damages
pursuant to Section l07(c)(3) of CERCLA for any violation for which a stipulated penalty is
provided herein, except in the case of a willful violation of this Order or in the event that EPA
assumes performance of a portion or all of the Work pursuant to Section XX, Paragraph 63.
Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive
any portion of stipulated penalties that have accrued pursuant to this Order.
XIX. COVENANT NOT TO SUE BY EPA
60. In consideration of the actions that will be performed and the payments that will be
made by Respondents under the terms of this Order, and except as otherwise specifically provided
in this Order, EPA covenants not to sue or to take administrative action against Respondents
pursuant to Sections 106 and l07(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), for performance
of the Work and for recovery of Past Response Costs and Future Response Costs. This covenant
not to sue shall take effect upon receipt by EPA of the Past Response Costs due under Section XV
of this Order and any Interest or Stipulated Penalties due for failure to pay Past Response Costs as
required by Sections XV and XVIII of this Order. This covenant not to sue is conditioned upon the
complete and satisfactory performance by Respondents of their obligations under this Order,
including, but not limited to, payment of Future Response Costs pursuant to Section XV. This
covenant not to sue extends only to Respondents and does not extend to any other person.
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XX. RESERVATIONS OF RIGHTS BY EPA
61. Except as specirically provided in this Order, nothing herein shall limit the power and
authority of EPA or the United States to take, direct, or order all actions necessary to protect public
health, welfare, or the environment or to prevent, abate, or minimize an actual or threatened release
of hazardous substances, pollutants or contaminants, or hazardous or solid waste on, at, or from the
Site. Further, nothing herein shall prevent EPA from seeking legal or equitable relief to enforce the
terms of this Order, from taking other legal or equitable action as it deems appropriate and
necessary, or from requiring Respondents in the future to perform additional activities pursuant to
CERCLA or any other applicable law.
62. The covenant not to sue set forth in Section XIX above docs not pertain to any matters
other than those expressly identified therein. EPA reserves, and this Order is without prejudice to,
all rights against Respondents with respect to all other matters, including, but not limited to:
a. claims based on a failure by Respondents to meet a requirement of this Order;
b. liability for costs not included within the definitions of Past Response Costs or
Future Response Costs;
e. liability for performance of response action other than the Work;
d. criminal liability;
e. liability for damages for injury to, destruction of, or loss of natural resources, and
for the costs of any natural resource damage assessments;
f. liability arising from the past, present, or future disposal, release or threat of
release of Waste Materials outside of the Site; and
g. liability for costs incurred or to be incurred by the Agency for Toxic Substances
and Disease Registry related to the Site.
63. Work Takeover. In the event EPA determines that Respondents have ceased
implementation of any portion of the Work, are seriously or repeatedly deficient or late in their
performance of the Work, or arc implementing the Work in a manner which may cause an
endangerment to human health or the environment, EPA may assume the performance of all or any
portion of the Work as EPA determines necessary. Respondents may invoke the procedures set
forth in Section XVI (Dispute Resolution) to dispute EPA's determination that takeover of the
Work is warranted under this Paragraph. Costs incurred by the United States in performing the
Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents shall
pay pursuant to Section XV (Payment of Response Costs). Notwithstanding any other provision of
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30
this Order, EPA retains all authority and reserves all rights to take any and all response actions
authorized by law.
XXI. COVENANT NOT TO SUE HY RESPONDENTS
64. Respondents covenant not to sue and agree not to assert any claims or causes of action
against the United States, or its contractors or employees, with respect to the Work, Past Response
Costs, Future Response Costs, or this Order, including, but not limited to:
a. any direct or indirect claim for reimbursement from the Hazardous Substance
Superfund established by 26 U.S.C. § 9507, based on Sections J06(b)(2), 107, 111, 112, or 113 of
CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or any other provision of law;
b. any claim arising out of response actions at or in connection with the Site,
including any claim under the United States Constitution, the State Constitution, the Tucker Act, 28
U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended, or at common law;
or
c. any claim against the United States pursuant to Sections 107 and I 13 of
CERCLA, 42 U.S.C. §§ 9607 and 9613, relating to the Site.
Except as provided in Paragraph 66 (Waiver of Claims), these covenants not to sue sh·all not
apply in the event the United States brings a cause of action or issues an order pursuant to the
reservations set forth in Paragraphs 62 (b), (c), and (e) -(g), but only to the extent that
Respondents' claims arise from the same response action, response costs, or damages that the·
United States is seeking pursuant to the applicable reservation.
65. Nothing in this Agreement shall be deemed to constitute approval or preauthorization
of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. §
300.700(d).
66. Respondents agree not to assert any claims and to waive all claims or causes of action
that they may have for all matters relating to the Site, including for contribution, against any person
where the person's liability to Respondents with respect to the Site is based solely on having
arranged for disposal or treatment, or for transp01t for disposal or treatment, of hazardous.
substances at the Site, or having accepted for transport for disposal or treatment of hazardous
substances at the Site, if
a. the materials contributed by such person to the Site containing hazardous
substances did not exceed 110 gallons of liquid materials.
b. This waiver shall not apply to any claim or cause of action against any person
meeting the above criteria if EPA has determined that the materials contributed to the Site by such
• •
31
person contributed or could contribute significantly to the costs of response at the Site. This waiver
also shall not apply with respect to any defense, claim, or cause of action that a Respondent may
have against any person if such person asserts a claim or cause of action relating to the Site against
such Respondent.
XXII. OTHER CLAIMS
67. By issuance of this Order, the United States and EPA assume no liability for injuries or
damages to persons or property resulting from any acts or omissions of Respondents. The United
States or EPA shall not be deemed a patty to any contract entered into by Respondents or their
directors, officers, employees, agents, successors, representatives, assigns, contractors, or
consultants in can-ying out actions pursuant to this Order.
68. Except as expressly provided in Section XXI, Paragraph 66 (De Micromis Waivers) and
Section XIX (Covenant Not to Sue by EPA), nothing in this Order constitutes a satisfaction of or
release from any claim or cause of action against Respondents or any person not a party to this
Order, for any liability such person may have under CERCLA, other statutes, or common law,
including but not limited to any claims of the United States for costs, damages and interest under
Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607.
69. No action or decision by EPA pursuant to this Order shall give rise to any right to
judicial review, except as set forth in Section I l 3(h) of CERCLA, 42 U.S.C. § 96 I 3(h).
XXIII. CONTRIBUTION PROTECTION
70. The Parties agree that Respondents are entitled, as of the Effective Date, to protection
from contribution actions or claims as provided by Sections I 13([)(2) and 122(h)(4) of CERCLA,
42 U.S.C. §§ 9613([)(2) and 9622(h)(4), for "matters addressed" in this Order. The "matters
addressed" in this Order are the Work, Past Response Costs, and Future Response Costs. Except
as provided in Section XXI, Paragraph 66 (De Micromis Waivers), nothing in this Order precludes
the United States or Respondents from asserting any claims, causes of action, or demands against
any persons not parties to this Order for indemnification, contribution, or cost recovery.
XXIV. INDEMNIFICATION
71. Respondents shall indemnify, save and hold han-nlcss the United States, its officials,
agents, contractors, subcontractors, employees and representatives from any and all claims or
causes of action arising from, or on account of, negligent or other wrongful acts or omissions of
Respondents, their officers, directors, employees, agents, contractors, or subcontractors, in can-ying
out actions pursuant to this Order. In addition, Respondents agree to pay the United States all
costs incutTed by the United States, including but not limited to attorneys fees and other expenses
of litigation and settlement, arising from or on account of claims made against the United States
based on negligent or other wrongful acts or omissions of Respondents, their officers, directors,
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32
employees, agents, contractors, subcontractors and any persons acting on their behalf or under their
control, in canying out activities pursuant to this Order. The United States shall not be held out as
a party to any contract entered into by or on behalf of Respondents in canying out activities
pursuant to this Order. Neither Respondents nor any such contractor shall be considered an agent
of the United States.
72. The United States shall give Respondents notice of any claim for which the United
States plans to seek indemnification pursuant to this Section and shall consult with Respondents
prior to settling such claim.
73. Respondents waive all claims against the United States for damages or reimbursement
or for set-off of any payments made or to be made to the United States, arising from or on account
of any contract, agreement, or anangemcnt between any one or more of Respondents and any
person for performance of Work on or relating to the Site, including, but not limited to, claims on
account of construction delays. In addition, Respondents shall indemnify and hold harmless the
United States with respect to any and all claims for damages or reimbursement arising from or on
account of any contract, agreement, or anangement between any one or more of Respondents and
any person for performance of Work on or relating to the Site, including, but not limited to, claims
on account of construction delays.
XXV. INSURANCE
74. At least 7 days prior to commencing any on-Site work under this Order, Respondents
shall secure, and shall maintain for the duration of this Order, comprehensive general liability
insurance and automobile insurance with limits of $1,000,000, combined single limit. Within the
same time period, Respondents shall provide EPA with certificates of such insurance and a copy of
each insurance policy. In addition, for the duration of the Order, Respondents shall satisfy, or shall
ensure that their contractors or subcontractors satisfy, all applicable laws and regulations regarding
the provision of worker's compensation insurance for all persons performing the Work on behalf of
Respondents in furtherance of this Order. If Respondents demonstrate by evidence satisfactory to
EPA that any contractor or subcontractor maintains insurance equivalent to that described above, or
insurance covering some or all of the same risks but in an equal or lesser amount, then Respondents
need provide only that portion of the insurance described above which is not maintained by such
contractor or subcontractor.
XXVI. FINANCIAL ASSURANCE
75. Within 30 days of the Effective Date, Respondents shall establish and maintain financial
security in the amount of$ 5,000,000 in one or more of the following forms:
a. A surety bond guaranteeing performance of the Work;
• •
33
b. One or more irrevocable letters of credit equaling the total estimated cost:of the
Work;
c. A trust fund;
d. A guarantee to perform the Work by one or more parent corporations or
subsidiaries, or by one or more unrelated corporations that have a substantial business relationship
with at least one of Respondents; or
e. A demonstration that one or more of the Respondents satisfy the requirements of
40 C.F.R. Part 264.143(f).
76. If Respondents seek to demonstrate the ability to complete the Work through a
guarantee by a third party pursuant to Paragraph 75(a) of this Section, Respondents shall
demonstrate that the guarantor satisfies the requirements of 40 C.F.R. Part 264.143(!). If
Respondents seek to demonstrate their ability to complete the Work by means of the financial test
or the corporate guarantee pursuant to Paragraph 75(d) or (e) of this Section, they shall resubmit
sworn statements conveying the information required by 40 C.F.R. Part 264.143(f) annually, on the
anniversary of the Effective Date. In the event that EPA determines at any time that the financial
assurances provided pursuant to this Section arc inadequate, Respondents shall, within 30 days of
receipt of notice of EPA's determination, obtain and present to EPA for approval one of the other
forms of financial assurance listed in Paragraph 75 of this Section. Respondents' inability to
demonstrate financial ability to complete the Work shall not excuse performance of any activities
required under this Order.
77. If, after the Effective Date, Respondents can show that the estimated cost to complete
the remaining Work has diminished below the amount set forth in Paragraph 75 of this Section,
Respondents may, on any anniversary date of the Effective Date, or at any other time agreed to by
the Parties, reduce the amount of the financial security provided under this Section to the estimated
cost of the remaining Work to be performed. Respondents shall submit a proposal for such
reduction to EPA, in accordance with the requirements of this Section, and may reduce the amount
of the security upon approval by EPA. In the event of a dispute, Respondents may reduce the
amount of the security in accordance with the written decision resolving the dispute.
78. Respondents may change the form of financial assurance provided under this Section at
any time, upon notice to and approval by EPA, provided that the new forrn of assurance meets the
requirements of this Section. In the event of a dispute, Respondents may change the forrn of the
financial assurance only in accordance with the written decision resolving the dispute.
XXVII. MODIFICATIONS
79. The RPM may make modifications to any plan or schedule in writing or by oral
direction. Any oral modification will be memorialized in writing by EPA promptly, but shall have as
• •
34
its effective date the date of the RPM's oral direction. Any other requirements of this Order may be
modified in writing by mutual agreement of the parties.
80. If Respondents seek permission to deviate from any approved work plan or schedule,
Respondents' Project Coordinator shall submit a written request to EPA for approval outlining the
proposed modification and its basis. Respondents may not proceed with the requested deviation
until receiving oral or written approval from the RPM pursuant to Paragraph 79.
81. No informal advice, guidance, suggestion, or comment by the RPM or other EPA
representatives regarding reports, plans, specifications, schedules, or any other writing submitted by
Respondents shall relieve Respondents of their obligation to obtain any formal approval required by
this Order, or to comply with all requirements of this Order, unless it is formally modified.
XXVIII. ADDITIONAL REMOVAL ACTIONS
82. If EPA determines that additional removal actions not included in an approved plan are
necessary to protect public health, welfare, or the environment, EPA will notify Respondents of that
determination. Unless otherwise stated by EPA, within 30 days of receipt of notice from EPA that
additional removal actions arc necessary to protect public health, welfare, or the environment,
Respondents shall submit for approval by EPA a Work Plan for the additional removal actions. The
plan shall conform to the applicable requirements of Section VIII (Work to Be Performed) of this
Order. Upon EPA's approval of the plan pursuant to Section VIII, Respondents shall implement
the plan for additional removal actions in accordance with the provisions and schedule contained.
therein. This Section does not alter or diminish the RPM's authority to make oral modifications to
any plan or schedule pursuant to Section XXVII (Modifications).
XXIX. NOTICE OF COMPLETION OF WORK
83. When EPA determines, after EPA's review of the Final Report, that all Work has been
fully performed in accordance with this Order, with the exception of any continuing obligations
required by this Order, including, without limitation, post-removal site controls, access rights,
land/water use restrictions, payment of Future Response Costs, or record retention, EPA will
provide written notice to Respondents .. If EPA determines that any such Work has not been
completed in accordance with this Order, EPA will notify Respondents, provide a list of the
deficiencies, and require that Respondents modify the Work Plan if appropriate in order to correct
such deficiencies. Respondents shall implement the modified and approved Work Plan and shall
submit a modified Final Report in accordance with the EPA notice. Failure by Respondents to
implement the approved modified Work Plan shall be a violation of this Order.
XXX. SEVERABILITY /INTEGRATION/ APPENDICES
84. If a court issues an order that invalidates any provision of this Order or finds that
Respondents have sufficient cause not to comply with one or more provisions of this Order,
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35
Respondents shall remain bound to comply with all provisions of this Order not invalidated or
determined to be subject to a sufficient cause defense by the court's order.
85. This Order and its appendices constitute the final, complete and exclusive agreement
and understanding among the Parties with respect to the settlement embodied in this Order. The
patties acknowledge that there are no representations, agreements or understandings relating to the
settlement other than those expressly contained in this Order. The following appendices arc
attached to and incorporated into this Order: A, B, and C.
XXXI. EFFECTIVE DATE
86. This Order shall be effective on the date the Order is signed by the Regional
Administrator or his/her delcgatee.
The undersigned reprcscntative(s) of Respondents certify(ies) that it (they) is (arc) fully authorized
to enter into the terms and conditions of this Order and to bind the party(ics) it (they) represcnt(s)
to this document.
Agreed this_ day of ___ , 2004.
For Respondent ______ _
By _______ _
Title --------
• •
36
ft is so ORDERED and Agreed this ___ day _of ___ , 2004.
BY: --------DATE: ________ _
Name
Regional Administrator (or designee)
Region (Number)
U.S. Environmental Protection Agency
EFFECTIVE DA TE: __ _
• •
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
4WD-SRSEB OCT 1 t 20()4
ENFORCEMENT ACTION MEMORANDUM
Subject: Request for a Removal Action at the Ward Transformer Site in Raleigh,
From:
To:
North Carolina
Luis E. Flores
Remedial Project Manager
Winston A. Smith, Director
Waste Management Division
Site ID#: A4S4
I. PURPOSE:
The purpose of this Action Memorandum is to request and document approval of the
pro.posed removal action described herein for the Ward Transformer Site (the Site) in
Rateigh, North Carolina. The Site was listed on the National Priorities List (NPL) on
April 30, 2003. Sample collections activities for the EPA lead Remedial Investigation
(RI) began in April 2003 and results from the investigation are documented in the RI
report dated September 2004. The investigation confirmed the presence of hazardous
substances in surface soils, sediments and fish. This Site was referred to EPA's
Emergency Response and Removal Branch (ERRB) by EPA's Superfund Remedial and
Site Evaluation Branch in July 2004 for a removal assessment.
II. SITE CONDITIONS AND BACKGROUND:
CERCLIS ID Number: NCD 003 202 603
Removal Category: Time-Critical Removal Action
A. Site Description:
1. Removal Evaluation:
The Site consists of an active facility owned by Ward Transformer Company, Inc.,
and operated by Ward Transformer Sales and Services, Inc. It was built on
Allcycled/Recyciab!11 • PM!&d wrth Vege!ilbi~ Oil Base<J ir.ks 011 fii;,C)'Cied Paper \Minunurn :::z-~ P,:,sl<:ors..:.ni;;)
• •
approximately 11 acres of previously undeveloped land in 1964 and has housed
transformer reconditioning and sales operations since that time. Sample
collection activities for the EPA fund lead Remedial Investigation began in April
2003. The scope of the investigation included the Ward Transformer facility
property itself, surrounding properties, and the water bodies downgradient.
Surface water samples, sediment samples, fish samples, groundwater samples, and
soil samples were collected as part of this investigation.
PCB contamination was found in surface and subsurface soil in areas around the
Ward Transformer facility inside and outside the fenced area. PCBs were detected
in sediment from samples collected from the Unnamed Tributary to Little Brier
Creek, Little Brier Creek, Brier Creek Reservoir, Brier Creek and Crabtree Lake.
Fish contamination was found in all these areas and fish advisories against eating
the fish from these areas were issued.
The removal assessment identified 4 main areas requiring immediate attention:
Unacceptable risk lo current employees due to high levels of contaminants at
the facility:
The Baseline Risk Assessment conducted at the facility concludes that there is an
unacceptable risk to employees due to potential soil exposure to high levels of
PCB contamination at the facility.
Uncontrolled surface water run-off from highly contaminated areas
discharging into the Unnamed Tributary to Little Brier Creek:
Inspection of the area during the removal assessment indicates that surface water
run-off from the western portion of the facility where transformers, construction
debris, and scrap metal are stored (Transformer Storage Area) is not completely
controlled allowing discharges into areas outside the facility leading to the
Unnamed Tributary to Little Brier Creek. Soil with polychorinated Biphenyls
(PCBs) concentration; up to 1,700 parts per million (ppm) were found in the
Transformer Storage Area.
Uncontrolled surface waler run-off from highly contaminated areas
discharging in front of the main building:
Soil samples collected near the front of the facility's main building contain PCBs
as high as 160 ppm. Access to these areas is not restricted. Surface water run-off
from these areas discharges into a drainage ditch along Mount Herman Road.
2
·' • •
Storm Wat~r Lagoon
Sediments from the lagoon contain levels of PCBs as high as 2,900 ppm. The
integrity of the lagoon and its remaining useful life are not known. As a result,
the lagoon may pose a threat of release.
2. Physical Location:
· The Ward Transformer Site is located at Mount Herman Road, north of Aviation
Parkway, in a predominantly industrial area of Raleigh, Wake County, North
Carolina. The Site is located 600 feet south of the Northern Wake Expressway
(outer loop), 1000 feet southwest of US highway 70, and is adjacent to property
owned by the Raleigh-Durham International Airport. Estes Transport Co., a
trucking company, leases the property to the south. Across Mount Herman Road
from the facility is Triangle Coatings where plastic and metal parts are painted.
An Unnamed Tributary to Little Brier Creek originates at the facility and descends
through moderate to steep topography into Little Brier Creek approximately l
mile from the facility. Little Brier Creek continues and di'scharges into Brier
Creek Reservoir located about 2.5 miles from the facility. Brier Creek Reservoir
flows into Brier Creek and discharges into Lake Crabtree, a recreational lake
located approximately 3 miles from the facility.
Wetlands and the potential presence of threatened and/or endangered species
within the impacted watershed have been identified.
3. Sile Characteristics:
The Ward Transformer Site consists of an active facility owned by Ward
Transformer Company, Inc., and operated by Ward Transformer Sales and
Service, Inc. (collectively "Ward"). Ward manufactures, repairs, reconditions,
rebuilds, purchases, and sells transformers, switchgear, and other similar types of
electrical equipment. The facility property contains an electrical equipment
reconditioning building, offices, an area where transformers, construction debris,
and scrap metal are stored (Transformer Storage Yard), storage tanks, a storm
water lagoon, and a wastewater treatment plant. The northern portion of the
property, now vacant, was leased until 2002 to Horizon Forest Products, a lumber
supply business. The reconditioning building, offices, Transformer Storage Yard,
and the adjacent Horizon Forest Products facility are surrounded by an eight-foot-
high chain link fence. The lagoon, located on the southwest comer of the facility
property, is fenced on three sides by an eight-foot-high chain link fence. The
down gradient ( or dam) side of the lagoon is fenced by a low wire fence that is
easy to step over, so that access to the lagoon is not completely restricted.
• •
4. Release or Threatened Release into the Environment of a Hazardous
substance, or pollutant or Contaminant:
This Site constitutes a release of hazardous ~ubstances as defined by Section
101(14) of CERCLA, 42 U.S.C. §9601(14). Analytical results from the Remedial
Investigation conducted by EPA documents:
• PCB contamination with soil concentrations above removal action levels
in areas in front of the Ward Transformer main office building including
a drainage ditch along Mount Herman Road.
• PCB contamination with soil concentrations above removal action levels
in the Transformer Storage Yard.
• . PCB contamination with soil concentrations above removal action levels
in areas outside the facility property leading to the Unnamed Tributary to
Little Brier Creek.
• PCB contamination with soil and sediment concentrations above removal
action levels in the Storm Water Lagoon.
• PCBs were detected in sediments from lower reaches of Little Brier
Creek, Brier Creek Reservoir, Brier Creek, and Lake Crabtree.
• Elevated levels of PCBs were detected in fish from lower reaches of
Little Brier Creek, Brier Creek Reservoir, Brier Creek and Lake Crabtree.
• Current and potential routes for releases of hazardous substances exist at
the Site. These routes are:
• Current · .Surface water runoff from areas containing high levels of
PCB contaminated soil is currently migrating into the Unnamed
Tributary to Little Brier Creek behind the facility and into the
drainage ditch along Mount Hennan Road.
• Potential· There is a potential risk of contaminated surface water,
soil, and sediments from the Storm Water Lagoon being released
into the surrounding environment if the construction integrity of
the lagoon is not confirmed.
• A current unacceptable risk to employees at the facility exists due to
potential exposure to highly contaminated soil at the facility.
4
,---, . ... • •
5. NPL Status:
Tbe Ward Transformer Site was proposed to be included in tbe National Priorities
List (NPL) u1 September S, 2002 and was made final on April 30, 2003.
As required for all NPL sites, the Agency for Toxic Substances and Disease
Registry (A TSDR) is conducting its Public Health Assessment for this Site.
B. Other Actions to Date:
1. Previous Actions:
• A Remedial Investigation/Feasibility Study (Rl/FS) infonnation meeting
was conducted by EPA and A TSDR on March I 3, 2003. The meeting
was held at the Morrisville Commerce Building in Morrisville, North
Carolina.
• Sample collection activities for the EPA lead Remedial Investigation
began in April 2003.
• The first phase of the Remedial Investigation report was completed in
September 2004.
2. Current Actions:
• A second phase of tbe Remedial Investigation is currently being
conducted. As part of this second phase, additional fish and sediment
samples will be collected from areas downgradient of Lake Crabtree to
determine the extent of sediment and fish contamination. Also,
additional groundwater monitoring wells will be installed in areas close to
the Ward Transformer property to assess groundwater in the area.
• During the months of July and August 2004, a group was formed to assist
in assessing the extent of fish and sediment contamination dowgradient of
Lake Crabtree. The group includes representatives from: EPA and North
Carolina Superfund, Weston Solutions (EPA's contractor), North
Carolina Occupational and Environmental and Epidemiology Branch, US
Fish and Wild Life Service, North Carolina Wild Life Resource
Commission and North Carolina State University. The group also
includes: Wake County Parks Director, Lake Crabtree Manager, and
William Umstead State Park Manager.
• •
C. State and Local Authorities' Role:
1. State and Local Actions to date:
• NCDENR conducted the initial site investigations including a Preliminary
Assessment (PA), Site Inspection (SI) and Expanded Site Inspection
(ESI) to collect enough infonnation to prepare the Hazard Ranking
System (HRS) package for the Site. Due to the high HRS score, the Site
was referred to EPA's Superfund Remedial and Site Evaluation Branch
for a Remedial Investigation.
• On December 8, 2003,.the State of North Carolina Department of Health
and Human Services issued a fish consumption advisory for the lower
reaches of Little Brier Creek and the Brier Creek Reservoir due to high
levels of PCBs detected in fish samples collected during the Remedial
Investigation.
• On May 7, 2004, the State of North Carolina Department of Health and
Human Services issued a second fish consumption advisory for Brier
Creek and Lake Crabtree due to high levels of PCBs detected in fish
samples collected during the Remedial Investigation.
• EPA and NCDENR continue to work together at this Site.
· III. THREATS TO PUBLIC HEALTH OR \VELFARE OR THE ENVIRONMENT,
AND STATUTORY AND REGULATORY AUTHORITIES
A. Threats to Public Health or \Velfare:
Elevated levels of PCBs present in on-site soils pose the following threats to
public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and
Hazardous Substance, Pollution Contingency Plan (NCP).
• Section 300.415 (b)(2)(i) Actual or potential exposure to nearby human
populations, animals, or the food chain from hazardous substances or
pollutants or contaminants. Surface soils are contaminated with elevated levels
ofPCBs{up to 1,700 ppm). ATSDR's initial release of its Public Health
Assessment for the Site concludes that exposure of Site workers to high PCB
concentrations in soil could contribute to an increase theoretical risk of
developing cancer.
Elevated PCB levels in soil from the Ward Transformer facility continues to be a
source of PCB contamination to sediments and fish from the Unnamed Tributary
i.' • •
to Little Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek
Reservoir, Brier Creek, and Lake Crabtree. A TSDR 's initial release of its Public
Health Assessment for the Site concludes that edible portions of fish from these
waters have PCBs at levels high enough to increase the theoretical risk of adverse
cancer and non-cancer health effects for people who eat these fish regu!ar!y. The
State of North Carolina Department of Health and Human Services issued fish
consumption advisories for these waters and EPA has posted signs with the
advisory. In addition to posting the fish advisories, the sources of PCB
contamination to the watershed located at the Ward Transformer facility need to
be controlled .
• Section 300.415 (b )(2 )(iii) Hazardous substances or pollutants or
contaminants in drums, barrels, tanks, or other bulk storage container, that
may pose a threat of release. The storm water lagoon on site was built in l 972
and is located on the southern portion of the property. The dam side of the lagoon
is directly upgradient of the Unnamed Tributary to Little Brier Creek. The lagoon
volume is estimated to be 14.3 acre-feet or 32,073 cubic yards and its depth is
estimated to be around 8 feet. Sediments in the lagoon contain PCBs with
concentrations as high as 2,900 ppm. The integrity and remaining useful life of
the lagoon is not known.
• Section 300.415 (b)(2)(iv) High levels of hazardous substances or pollutants or
contaminants i11 soils largely at or 1uar the surface that may migrate. Elevated
levels of PCBs were detected in surface soil in areas not controlled by the existing
storm water run-off system.
Results from the Remedial Investigation show on going contaminant migration
into the Unnamed Tributary-to Little Brier Creek from highly contaminated areas
behind the facility with concentrations as high as l, 700 ppm PCB.
The investigation also shows PCB contamination migrating from the front of the
main building of the facility into the drainage ditch along Mount Herman Road.
PCB concentrations in tliese areas are as high as I 60 ppm.
Section 300,145 (b)(2)(v) Weather conditions that may cause hazardous
substa11ces or pollutants or contaminants to migrate or be released. The
existing storm water run-off control system at the facility is not collecting all
storm water run-off. Evidence shows that the storm water breaches the
Transformer Storage Yard curbing during heavy rain events. As a result, surface
water run-off from these highly contaminated areas is an on-going source of
contamination to the drainage ditch along Mount Herman Road and the
Unnamed Tributary to Little Brier Creek outside of the facility.
• •
PCBs found in sediment and fish along the Unnamed Tributary to Little Brier
Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir, Brier
Creek, and Lake Crabtree indicate that significant PCB contamination is migrating
from the facility.
B. Threats to the Environment:
Elevated levels of PCBs present in on-site soils pose the following threats to
public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP):
-Section 300.415 (b)(2)(i) Aetna/ or potential exposure to 11earby human
populations, a11ima/s, or the food chain from hazardous substances or
pollutants or co11tamina11ts. Elevated PCB levels in soil from the Ward
Transformer facility continue to be a source of PCB contamination to sediments
and fish from the Unnamed Tributary to Little Brier Creek, the lower reaches of
Little Brier Creek, the Brier Creek Reservoir, Brier Creek, and Lake Crabtree.
Results from the Remedial Investigation and the Screening Level Ecological Risk
Assessment (SLERA) indicate that PCB levels in water/sediments in the above-
mentioned water bodies are already at concentrations high enough such that they
may pose a risk to pi sci vorous mammals and/or birds.
Sectio11 300.415 (b)(2)(iii) Hazardous substances or pollutants or contaminants
in dr11111s, barrels, tanks, or other bulk storage container, that may pose a threat
of release. The storm water lagoon was built in 1972 and is located on the
southern portion of the property. The darn side of the lagoon is directly
upgradient of the Unnamed Tributary to Little Brier Creek. The lagoon volume is
estimated to be 14.3 acre-feet or 32,073 cubic yards and its depth is estimated to
· be around 8 feet. Sediments in the lagoon contain PCBs with concentrations as
high as 2,900 ppm. The integrity and remaining useful life of the lagoon is not
known: Results from the Remedial Investigation and the Screening Level
Ecological Risk Assessment (SLERA) indicate that PCB levels in
water/sediments from the water bodies downgradient of the lagoon are already at
concentrations high enough such that they may pose a risk to piscivorous
mammals and/or birds.
• Section 300.415 (b)(2)(iv) High levels of hazardous substances or pollutants or
contaminants in soils largely at or near the surface that may migrate. Elevated
PCB levels in soil from the Ward Transformer facility continue to be a source of
PCB contamination to sediments and fish from the Unnamed Tributary to Little
Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir,
Brier Creek, and Lake Crabtree. Results from the Remedial Investigation and the
n 0
• •
Screening Level Ecological Risk Assessment (SLERA) indicate that PCB levels
in water/sediments from the above-mentioned water bodies are already at
concentrations high enough such that they may pose a risk to piscivorous
mammals and/or birds.
-Section 300.145 (b)(2)(v) Weather conditions that may cause hazardous
substances or pollutants or contaminants to migrate or be released. Any heavy
rain accelerates migration of PCBs from the Ward Transformer facility into the
Unnamed Tributary to Little Brier Creek, the lower reaches of Little Brier Creek,
the Brier Creek Reservoir, Brier Creek, and Lake Crabtree. Results from the
Remedial Investigation and the Screening Level Ecological Risk Assessment
(SLERA) indicate that PCB levels in water/sediments from the above-mentioned
water bodies are already at concentrations high enough such that they may pose a
risk to piscivorous mammals and/or birds.
IV. ENDANGERMENT DETERMINATION:
Actual or threatened releases of hazardous substances from this site, if not addressed by
implementing the response action selected in this Action Memorandum, may present an
imminent and substantial endangerment to public health, welfare, or the environment.
V. P}tOPOSED ACTION:
A. Proposed Actions:
1. Proposed Action Description:
The required Removal Action is divided in two parts:
a) Recontamination Prevention Actions
(i) Construction of a storm water management/spill control system that
effec\ively addresses all surface water run off or spills from all areas of the
facility in accordance with all applicable Federal, State, or local laws,
regulations, ordinances, or permits and prevents the release of any
hazardous substances outside of the facility;
(ii) Inspection of the existing storm water lagoon by an expert to certify its
construction, actual condition, and remaining useful life;
(iii) implement any recommendations made by the expert to improve
storm water lagoon.
• •
b) Contamination Removal
(i) Further delineate and remove soil with concentrations exceeding I
ppm PCB, from all areas NOT effectively controlled by the storm water
m~nagement/spill control system;
(ii) Further delineate and remove soil with concentrations exceeding 25
ppm PCB, from all areas effectively controlled by the stonn water
management/spill control system;
(iii) Arrange for the ultimate disposal and/or treatment of all excavated
soil and debris in a manner satisfactory to EPA;
(iv) To the maximum extent practicable, return areas which are disturbed
by the removal action to their pre-removal state.
2. Contribution to Remedial Performance
The proposed removal action is necessary to address the threats discussed in
Section ill which meet the NCP Section 300.415 (b) (2) removal criteria. If all
actions are implemented as described in this document, future remedial action
for soils at the facility is unlikely. The Remedial Investigation for groundwater
is on-going, as _well as, the investigation of all water bodies affected by the
migration of contaminants from the facility.
The removal action contemplated in this Action Memorandum would be
consistent with any remedial action.
3. Description of Alternative Technologies
No formal evaluation of alternative technologies has been made. Such an
evaluation will take place before the disposal phase of the response action and
will be documented at that time.
4. Applicable or Relevant and Appropriate Requirements (ARARs)
A letter was sent to the state of North Carolina requesting ARARs for the Site,
but no response has been received as of this date. Therefore, ARA Rs for this
Site have not been conclusively detennined. Efforts will be made to comply
with the state ARARs lo the extent practicable. EPA will ensure compliance
with the NCP, Section 300.440 requirements (CERCLA Offsite Rule) for any
off-site disposal of wastes generated from this site.
10
•
5. Projected Schedule
The response actions described above will be initiated upon approval of this
Action Memorandum. Foregoing any unexpected delays, o~•Site activities are
expected to last no more than 12 months.
VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED
OR NOT TAKEN:
Contamination will continue to pose a threat to the public and the environment through
direct contact, incidental ingestion and migration to the surface water. ·
VII. OUTSTANDING POLICY ISSUES:
No outstanding policy issues have been identified at this time.
VIII. ENFORCEMENT:
Enforcement activities have been initiated and are ongoing. See Attachment,
"Enforcement Sensitive," for more detailed information.
IX. RECOMMENDATION:
This decision document represents the selected removal action for the Ward Transformer
Site, in Raleigh, North Carolina, developed in accordance with CERCLA as amended,
and not inconsistent with the National Contingency Plan (.:'ICP). This decision is based
on the administrative record for the Site. Conditions at the Site meet the NCP Section
300.41 S(b )(2) criteria for a removal and I recommend your approval of the proposed
4' ~,k Date: J'""j4 /?; :l (10~
action.
(Appronl)#~
(Disapproval) _____________ Date:
Winston A. Smith, Director
Waste Management Division
Attachment
, 1 ..
•
APPENDIX B
RESPONDENTS
I. Ward Transformer Company, Inc.
2. Ward Transformer Sales and Service, Inc,
3. Ward Ventures, L.L.C.
4. Reward Propcnies, L.L.C.
•
{\l,'AllCR lUWl'JI. OIH<1l ASSOCIATES)
,
Traill' ---
, ,
,
, ,
, ,
,
Top of Berm
I
l
_-;;; astewat I Treatmen
Plant i
Outfall '
(RAIJClGII-DURIIAM AIRPORT)
(
(WATI(R TO\liER O1-l'lCi0AS.SOCIATl:.S)
Original
Lagoons
Outlines ' \
LBgoon
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P,ad
I
,.____ _____ ___, I
~·• -~-•.::~~~-,;~ ~:• ;-I
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Forest P rlzor, 'OClucts
--..'.!..:~-"-'..:.._ • ..:_\'.:,~. ,,. ·•'·------...:.~:;,_..:·
,~-----------1,,.c":
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·--~=--.:'...'.......~-Estes T,u,..,. ""lr/g I\ ,•
JnsformeNJ>•ds\ons1te_property _ owners.mxdl T :\ward_transformer'plQLslons,te _property_ OW!hJJS.pd!
_Triangle·
Equipment -co. r , (1.ll: I
, IN~TII.UMENTS /
" INC.)
Former Reside11ce ---
(THI.RY II. AND IJEBOR,\IJ (;_
UVUflllN)
(IHI.RY II. ,\SI)
IJICIIOIUIIG.
---
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Coatings'.
(IIJICC)(J
'lllEM,\T("(J
UR(l(/1' l:,./C.)
\ ----
Visara
International_
(l\lll'.('l{J
THEMATCO (.11.0l/l'lNC.)
-----... --.....-
(!/IUl,\N (\R( )11,"ffl rm H'ERTY f u,1_'.11PA1n_~rnsrn_'.'.
LEGEND
/'V Surface Hydrography
.{V Fence
.(V Low Fence
N Trail
N Road
N Curbing
\ . I , Parcel Boundary
D Transformer Area
E:J Grass
~ Parking, Unpaved
D Parking, Paved
0 Vegetation/Gravel
Structure
--1 Wooded Area
,R1:,,-~m
!'11<.,HQ:.'\ Property Owner lln
BASE MAP SOURCE: Wake County GIS, 1999.
120 60 0 120 Feet ---- -
Ward Transformer Remedial Investigation
Raleigh, Wake County, North Carolina
Figure 1-2
Ward Transformer
Site Map
1-4
•
Attachment C
Draft Administrative Order on Consent
• •
UNITED STA TES
ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF:
Ward Transfonner Superfund Site
Raleigh, Wake County, North Carolina
Ward Transformer Company, Inc., Ward
Trnnsformcr Sales and Service, Inc.,
Ward Ventures, LLC., Reward Properties,
LLC., and (see Appendix C),
Respondents
ADMINJSTRA TJVE ORDER ON
CONSENT FOR REMOVAL ACTION
U.S. EPA Region 4
CERCLA Docket No.
Proceeding Under Sections !04, I06(a), 107
and 122 of the Comprehensive
Environmental Response, Compensation,
and Liability Act, as amended, 42 U.S.C. §§
9604, 9606(a), 9607 and 9622
I.
II.
m.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XX!.
XXII.
xxm.
XXIV.
XXV.
XXVI.
xxvn.
xxvm.
XXIX.
XXX.
XXXI.
• •
2
TABLE OF CONTENTS
JURISDICTION AND GENERAL PROVISIONS ......................... 3
PARTIES BOUND ............................................. 3
DEFINITIONS ................................................ 4
FINDINGS OF FACT ........................................... 6
CONCLUSIONS OF LAW AND DETERMINATIONS .................... 11
ORDER ................................................... 12
DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR, AND REMEDIAL
PROJECT MANAGER ......................................... 12
WORK TO BE PERFORMED ..................................... I 3
SITE ACCESS AND INSTITUTIONAL CONTROLS ..................... 16
ACCESS TO INFORMATION .................................... 20
RECORD RETENTION .............................. : .......... 21
COMPLIANCE WITH OTHER LAWS ............................... 22
EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES ........... 22
AUTHORITY OF REMEDIAL PROJECT MANAGER .................... 22
PAYMENT OF RESPONSE COSTS ................................ 23
DISPUTE RESOLUTION ....................................... 25
FORCE MAJEURE ............................................ 25
STIPULATED PENALTIES ...................................... 26
COVENANT NOT TO SUE BY EPA ............................... 28
RESERVATIONS OF RIGHTS BY EPA ............................. 29
COVENANT NOT TO SUE BY RESPONDENTS ....................... 30
OTHER CLAIMS ............................................ ·. 31
CONTRlllUTION PROTECTION .................................. 31
INDEMNIFICATION ........................................... 31
INSURANCE ................................................ 32
FINANCIAL ASSURANCE ...................................... 32
MODIFICATIONS ............................................ 33
ADDITIONAL REMOVAL ACTIONS ............................... 34
NOTICE OF COMPLETION OF WORK .............................. 34
SEVERABll.JTY /INTEGRATION/ APPENDICES ....................... 34
EFFECTIVE DATE ........................................... 35
APPENDIX A ACTION MEMORANDUM/ENFORCEMENT
APPENDIX B OWNER/OPERATOR RESPONDENTS
APPENDIX C GENERATOR RESPONDENTS
APPENDIX D SITE MAP
• •
3
I. JURISDICTION AND GENERAL PROVISIONS
I. This Administrative Order on Consent ("Order") is entered into voluntarily by the
United States Environmental Protection Agency ("EPA") and the pa11ies identified in Appendix B
of this Order ("Respondents"). This Order provides for the performance of a removal action by
Respondents and the reimbursement of certain response costs incurred by the United States at or
in connection with the property located near the Raleigh Durham International Airp011 on Mount
Herman (Church) Road, north of Aviation Parkway, east of the Northern Wake Expressway
(540), south of U.S. Highway 70, in a predominantly industrial area of Raleigh, Wake County,
North Carolina, the "Ward Transformer Superfund Site" or the "Site."
2. This Order is issued under the authority vested in the President of the_ United States by
Sections l04, 106(a), l07 and 122 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622, as
amended ("CERCLA").
3. EPA has notified the State of North Carolina (the "State") of this action pursuant to
Section I06(a) of CERCLA, 42 U.S.C. § 9606(a).
4. EPA and Respondents recognize that this Order has been negotiated in good faith and
that the actions undertaken by Respondents in accordance with this Order do not constitute an
admission of any liability. Respondents do not admit, and retain the right to controvert in any
subsequent proceedings other than proceedings to implement or enforce this Order, the validity of
the findings of facts, conclusions of law, and determinations in Sections lV and V of this Order.
Respondents agree to comply with and be bound by the terms of this Order and further agree that
. they will not contest the basis or validity'of this Order or its terms.
II. PARTIES BOUND
5. This Order applies to and is binding upon EPA and upon Respondents and their
successors and assigns. Any change in ownership or corporate status of a Respondent including,
but not limited to, any transfer of assets or real or personal property shall not alter such
Respondent's responsibilities under this Order.
6. Respondents are jointly and severally liable for carrying out all activities required by
this Order. In the event of the insolvency or other failure of any one or more Respondents to
implement the requirements of this Order, the remaining Respondents shall complete all such
requirements.
7. Respondents shall ensure that their contractors, subcontractors, and representatives
receive a copy of this Order and comply with this Order. Respondents shall be responsible for any
noncompliance with this Order.
• •
4
JII. DEFINITIONS
8. Unless otherwise expressly provided herein, terms used in this Order which are defined
in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to
them in CERCLA or in such regulations. Whenever terms listed below are used in this Order or
in the appendices attached hereto and incorporated hereunder, the following definitions shall
apply:
a. "Action Memorandum/Enforcement" shall mean the EPA Action Memorandum
relating to the Site signed on September 14, 2004, by the Regional Administrator, EPA Region 4,
or his/her delegate, and all attachments thereto. The "Action Memorandum/Enforcement" is
attached as Appendix A.
b. ''CERCLA" shall mean the Comprehensive Environmental Response,
Compensation, and Liability Act of l 980; as amended, 42 U.S.C. §§ 9601, et seq.
c. "Day" shall mean a calendar day. In computing any period of time under this
Order, where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall
run until the close of business of the next working day.
d. "Effective Date" shall be the effective date of this Order as provided in Section
XXXI.
e. "EPA" shall mean the United States Environmental Protection Agency and any
successor departments or agencies of the United States.
L "NCDENR" shall mean the North Carolina Department of Environment and
Natural Resources and any successor departments or agencies of the State.
g. "Future Response Costs" shall mean all costs, including, but nol limited to,
direct and indirect costs, that the United States incurs in reviewing or developing plans, reports
and other items pursuant to this Order, verifying the Work, or otherwise implementing,
overseeing, or enforcing this Order, including but not limited to, payroll costs, contractor costs,
\ravel costs, laboratory costs, the costs incurred pursuant to Paragraph 25 (costs and attorneys
fees and any monies paid to secure access and/or institutional controls, including the amount of
just compensation), Paragraph 36 (emergency response), and Paragraph 63 (work takeover).
Future Response Costs shall also include all Interim Response Costs and all Interest on those Pas\
Response Costs Respondents have agreed to reimburse under this Order that has accrued
pursuant to 42 U.S.C. § 9607(a) during the period from September 9, 2004, to the Effective Date.
h. "Interest" shall mean interest ar the rate specified for interest on investments of
the EPA Hazardous Substance Supcrfund established by 26 U.S.C. § 9507, compounded annually
• •
5
on October I of each year, in accordance with 42 U.S.C. § 9607(a). The applicable rate of
interest shall be the rate in effect at the time the interest accrues. The rate of interest is subject to
change on October I cf each year.
i. "Interim Response Costs" shall mean all costs, including direct and indirect
costs, a) paid by the United States in connection with the Site between September 9, 2004, and
the Effective Date, orb) incurred p1ior to the Effective Date, but paid after that date.
j. "National Contingency Plan" or "NCP" shall mean the National Oil and
Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section I 05 of
CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.
k. "Order" shall mean this Administrative Order on Consent and all appendices
attached hereto (listed in Section XXX). In the event of conflict between this Order and any
appendix, this Order shall control.
I. "Paragraph" shall mean a portion of this Order identified by an Arabic numeral.
m. "Parties" shall mean EPA and Respondents.
n. "Past Response Costs" shall mean all costs, including, but not limited to, direct
and indirect costs, that the United States paid at or in connection with the Site through September
9, 2004, plus Interest on all such costs through such date.
o. "RCRA" shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. §§
690 I, et seq. (also known as the Resource Conservation and Recovery Act).
p. "Respondents" shall mean those parties identified in Appendices B and C.
q. "Section" shall mean a portion of this Order identified by a Roman numeral.
r. "Site" shall mean the Ward Transformer Superfund Site, encompassing
approximately 11 acres, located near the Raleigh Durham International Airport on Mount Herman
(Church) Road, north of Aviation Parkway, east of the Northern Wake Expressway (540), south
of U.S. Highway 70, in a predominantly industrial area of Raleigh, Wake County, North Carolina.
The "Site" includes all areas to which hazardous substances released at the Ward Transformer
facility have migrated and all areas in close proximity to the contamination that are necessary for
the removal action, and is depicted generally on the map attached as Appendix D.
s. "State" shall mean the State of North Carolina.
t. "Waste Material" shall mean 1) any "hazardous substance" under Section
10 I (14) of CERCLA, 42 U.S.C. § 960 I (14); 2) any pollutant or contaminant under Section
• •
6
10 l (33) of CERCLA, 42 U.S.C. § 960 l (33); 3) any "solid waste" under Section I 004(27) of
RCRA, 42 U.S.C. § 6903(27); and 4) any "hazardous material" under Section l 30A-3 l 0(2) of
North Carolina Genernl Statutes.
u. "Work" shall mean all activities Respondents are required to perform under this
Order.
JV. FINDINGS OF FACT
9. The following constitutes an outline of the facts upon which this Order is based:
a. The Ward Transformer Superfund Site (Site) is located near the Raleigh Durham
International Airport on Mount Herman (Church) Road, north of Aviation Parkway, east of the
No11hern Wake Expressway (540), south of U.S. Highway 70, in a predominantly industrial area
of Raleigh, Wake County, North Carolina. The Site encompasses an active transformer
reconditioning facility constructed in 1964 on 11 acres of previously undeveloped land. Estes
Transport Company, a trucking company, leases property to the south of the facility. Across Mt.
Herman Road from the facility is Triangle Coatings where plastic and metal parts are painted.
The closest residence, the only residence within 1/4 mile of the Site, is approximately 300 feet
n011heast of the Ward Transformer property. The Site includes all areas to which hazardous
substances released at the Ward Transformer property have migrated and all areas in close
proximity to the contamination that are necessary for the removal action.
b. The Ward Transformer Site consists of an active facility owned by Ward Transformer
Company, Inc., and operated by Ward Transformer Sales and Service, Inc. (collectively "Ward").
Ward manufactures, repairs, reconditions, rebuilds, purchases, and sells transformers, switchgear,
and other similar types of electrical equipment. The facility property contains an electrical
equipment reconditioning building, offices, an area where transformers, construction debris, and
scrap metal are stored (Transformer Storage Yard), storage tanks, a storm water lagoon, and a
wastewater treatment plant. The northern portion of the property, now vacant, was leased until
2002 to Horizon Forest Products, a lumber supply business. The reconditioning building, offices,
Transformer Storage Yard, and the adjacent former Horizon Forest Products facility are
surrounded by an eight-foot-high chain link fence. The lagoon, located on the southwest corner
of the facility property, is fenced on three sides by an eight-foot-high chain link fence. The down-
gradient (or dam) side of the lagoon is fenced by a low wire fence.
c. An unnamed tributary that is bordered by wetlands 1lows from the facility property and
descends through moderate to steep topography into Little Brier Creek approximately I mile from
the facility. Little Brier Creek continues and discharges into Brier Creek Reservoir, a fishery
located about 2.5 miles from the facility. Brier Creek Reservoir flows into Brier Creek and
discharges into Lake Crabtree, a Wake County recreational lake, fishery, and public park located
approximately 3 miles from the facility.
• •
7
d. Respondent, Ward Transformer Company, Inc., is the current and past owner of the
facility where the transformer and electrical equipment operations take place. Ward Transformer
Company, Inc., bega,\ operations at the Site in 1964 and continued operntions until 1997. In
1997, Respondent, Ward Transformer Sales and Service, lnc., assumed operations at the Site and
has continued as the operator ever since. Respondent, Reward Properties, L.L.C., B&B
Apartments, and the Raleigh Durham International Airport own parcels adjacent to the facility
property. The Raleigh Durham International Airpmt and Respondent, Ward Ventures, L.L.C.,
own parcels along the unnamed tributary that flows from the facility prope1ty into Little Brier
Creek. Respondents Ward Transformer Company, Inc., Ward Transformer Sales and Service,
Inc.,Ward Ventures, L.L.C., and Reward Properties, L.L.C., are listed in Appendix B.
Respondents listed in Appendix C, which include municipalities, electrical utilities,
industrial facilities, and other types of businesses, arranged for the disposal of hazardous
substances, and transformers, switchgear, and other types of electrical equipment containing
hazardous substances, at the Site.
e. In April 2003, EPA began collecting samples as part of a Remedial Investigation of the
Site. The Remedial Investigation (RI) Report, dated September 2004, revealed polychlorinated
biphenyl (PCB) contamination in surface and subsurface soil in areas around the Ward
Transformer facility inside and outside the fenced area. Specifically, soil samples collected near
the front of the facility's main building contain PCBs as high as 160 parts per million (ppm). Soil
with PCB concentrations of up to I ,700 ppm were found in the western ponion of the facility
where transformers, construction debris, and scrap metal are stored (Transfmmer Storage Area).
Soils with PCB concentrations of up to 230 ppm were also discovered in areas outside of the
facility propeny leading to the unnamed tributary to Little Brier Creek. Additionally, sediments
from the Ward Transformer facility's storm water lagoon contain levels of PCBs as high as 2,900
ppm. PCBs have also been found in sediment samples and fish samples collected from the
unnamed tributary to Little Brier Creek, Little Brier Creek, Brier Creek Reservoir, Brier Creek,
and Lake Crabtree. ·
f. The Agency for Toxic Substances and Disease Registry's (ATSDR's) initial release of
its Public Health Assessment for the Site concludes that exposure of Site workers to high PCB
concentrations in surface soils at the Ward Transformer facility could contribute to an increase
theoretical risk of developing cancer. High PCB levels in soil from the Ward Transformer facility
continues to be a source of PCB contamination to sediments and fish from the unnamed tributary
to Little Brier Creek, the lower reaches of Little Brier Creek, Brier Creek Reservoir, Brier Creek,
and Lake Crabtree. ATSDR's initial release of its Public Health Assessment for the Site
concludes that edible portions of fish from these waters have PCBs at levels high enough to
increase the theoretical risk of adverse cancer and non-cancer health effects for people who eat
these fish regularly. As a result, the State of Nonh Carolina Department of Health and Human
Services issued fish consumption advisories for these waters and EPA has posted signs with the
advisories warning of dangers of eating fish from these areas.
• •
8
g. Inspection of the facility area during a removal assessment conducted on August 9,
2004, together with data generated during the Remedial Investigation, indicates that surface waler
~un-off from contaminated areas in the western portion of the facility where transformers,
construction debris, and scrap metal arc stored (Transformer Storage Area) is not completely
controlled allowing discharges into areas outside the facility leading to the unnamed tributary to
Little Brier Creek. Results from EPA's inspection and investigation show on-going
contamination migration into the unnamed tributary to Unle Brier Creek from highly-
contaminated areas behind the facility as well. The inspection and investigation also show that
surface water run-off from contaminated areas near the front of the facility's main building
discharges into a drainage ditch along Mount Herman Road. Jn addition, the highly contaminated
sediments in the facility's storm water lagoon may pose a threat of release to the unnamed
tributary to Lillie Brier Creek given the fact that the lagoon is located on the southern portion of
the property directly up-gradient of the unnamed tributary and the integrity and remaining useful
life of the lagoon is not known.
h. EPA and the North Carolina Department of Environment and Natural Resources
(NCDENR) began an investigation of the Site in 1978 as a result of Ward Transformer's
involvement in the release of used oil containing PCBs along roadsides in North Carolina. During
the time that the roadside spills were being investigated in 1978 and 1979, EPA collected a
number of samples at and downstream from the Ward Transformer facility. PCB contamination
was found in the soil at the Ward Transformer site, in the water and sediment of the storm water
lagoon, and in the water and sediments along the surface water pathway draining the facility.
On January 8, 1979, Ward submitted to EPA a Spill Prevention Control and
Countermeasures (SPCC) Plan for its facility as required by 40 C.F.R. Part 112. That same year,
Ward was issued an NPDES permit (Permit No. NC0045608) for the discharge of effluent from a
waste water treatment plant located at the facility.
The Ward facility engaged in the open burning of waste to reclaim copper from insulted
wire until the installation of an incinerator in 1973. The incinerator (Permit No. 1582R4) was
operated improperly and a notice of violation (NOV) was issued in 1974. EPA tests, conducted
in l 978 and 1979 showed PCBs in the feed line and stack soot of the incinerator, indicating that
PCB-contaminated oil may have been burned in the incinerator prior to 1979.
In 1983, the faeility was deleted as a RCRA generator and added as a small-quantity
RCRA generator although no_ RCRA-rcgulated wastes were reportedly generated onsite at that
time.
On September 5, 1985, the Federal District Court for the Eastern District of North
Carolina found Ward Transformer Company, Ine., liable as a company that arranged for the
disposal of PCB-contaminated oil along North Carolina roadsides. See United States v. Ward,
618 F.Supp. 884, 894-95 (E.D.N.C. 1985).
• •
9
During an inspection in 1986, an illegal discharge was noted from the storm water lagoon.
At least two Notices of Violation (NOVs) have been issued since 1986 for failure to monitor for
oil and grease as frequently as required.
On March 8, 1988, EPA sent Ward Transformer Company, Inc., a Notice of Non-
Compliance based on a December 10, 1985 inspection of the Ward facility during which EPA
found Ward to be in violation of the PCB regulations, 40 C.F.R. 761, promulgated under Section
6(e) of the Toxic Substances Control Act (TSCA) for the improper storage, inspection, and
record keeping of PCB material.
On March 2, 1989, EPA performed an inspection of the Ward Transformer facility
pursuant to Section 11 ofTSCA. Following the inspection, EPA filed an administrative complaint
against Ward Transformer Company, Inc. The complaint, dated August 25, 1989, sought
penalties for violations of Section 6(e) ofTSCA and regulations promulgated pursuant to that
section. Count I of the complaint alleged that Ward Transformer Company, Inc., failed to
maintain adequate quarterly inspection records for six PCB transformers that Ward Transformer
was storing at its facility for reuse. Count 11 of the complaint alleged that Ward Transformer
Company, Inc., failed to maintain adequate records for annual documentation of the six PCB
transformers. On September 24, 1990, Ward Transformer Company, Inc., entered into a Consent
Agreement and Consent Order with EPA admitting the facts alleged in the complaint and agreeing
to pay $8,600 in penalties.
On January 12, 1993, EPA conducted a SPCC inspection at the Ward Transformer facility
for the purpose of determining the facility's compliance status with the requirements of the Oil
PolluLion Prevention Regulations at Title 40 of the Code of Federal regulations (40 CFR) Part
112, promulgated pursuant to Section 3 I I (j) of the Clean Water Act, 33 U.S.C. Section 1321 (j).
The inspection revealed thal Ward Transformer was in violation (I) for failing to have a registered
Professional Engineer certify its SPCC Plan, (2) for failing Lo amend the SPCC plan after a change
in the design, and (3) for failing to review the SPCC plan every three years. On January 27, 1993,
EPA sent Ward a Letter of Deficiency directing Ward to correct the violations.
In response to reports that Ward Transformer was filing for bankruptcy, an emergency
removal investigation was conducted by EPA in early 1993, but PCB contamination was not
found above emergency removal levels. The contamination levels did necessitate further remedial
investigations of the Site, however.
In May 1993 the Site was listed on CERCLJS.
On May 2, 1994, North Carolina conducted a Compliance Evaluation Inspection at the
Site and ordered that drums stored on the southern portion of the facility be removed. The drums
were removed in the Fall of 1994 and sent to the Piedmont Landfill and Recycling Center in
Kernersville, North Carolina.
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On February 6, I 995, North Carolina issued Ward a Notice of Violation (NOV) of its
incinerator permit based on Ward's use of non-PCB-containing transformer oil to fuel the
incineratCJr. On April I, 1995, Ward's incinerator permit was revised to reclassify the incinerator
as a bumoff oven used only for refurbishing and reclaiming transformer parts. This revision
eliminated the requirement for a continuous temperature measuring and recording device which
was required in the older permit but never installed. The current permit, which became effective
on January I 0, 2000, is valid through December 31, 2004.
NCDENR completed a Preliminary Assessment (PA) of the Site in March 1994, and
completed a Site Inspection (SI) report in November 1995. Follow-up SI sampling was
conducted in the surface water pathways in December I 995. The results of the SI indicated PCBs
in the surface soil inside the fenced lagoon area and in a ditch and in a wooded area outside the
fenced area at the rear of the Ward Transformer prope11y. The SI findings also indicated PCBs
along the surface water pathway and below more than 0.1 mile of wetland frontage. As a result,
the Site was recommended for an Expanded Site Inspection (ES!).
In February 1997, NCDENR conducted ES! sampling at the Site. The sampling
confirmed that the lagoon sediment, soil at the Ward Transformer facility, and soil west of the
Ward Transformer facility were contaminated with PCBs and octachlorobidenzofuran. Based on
the presence of PCBs·and other contaminants in several source areas at the Ward Transformer
facility, and the presence of PCBs in wetlands downstream from the Ward Transformer facility,
NCDENR recommended the Site for further action under CERCLA.
On July 3, 2002, EPA sent Ward Transformer Company, Inc., an Information Request
Letter pursuant to Section I 04 of CERCLA seeking information as part of its investigation of the
Site.
On August 29, 2002, EPA sent Ward Transformer Company, Inc., a General Notice
Letter notifying Ward of its potential liability for the release or threatened release of hazardous
substances al the Site.
On September 5, 2002, the Ward Transformer Site was proposed to be included on the
National Priorities List (NPL). The Site was officially added to the NPL on April 30, 2003.
In April 2003, EPA began collecting samples as part of a Remedial
Investigation/Feasibility Study (Rl/FS) of the Site. Results from the investigation are documented
in the Remedial Inspection (RI) Report dated September 2004. EPA is currently in the process of
completing Lhe Feasibility Study for the Site.
In November 2003 and February 2004, EPA sent several hundred companies Information
Request Letters based on information received from Ward that the companies may have
conducted business with, or sent hazardous materials Lo, the Site.
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I l
On August 9, 2004, EPA conducted a removal assessment of the Site and determined that
a current unacceptuble risk exists at the Site which necessitates a time-critical removal action.
On September 14, 2004, EPA issued an Action Memorandum/Enforcement which
supports EPA's decision to implement a time-critical removal at the Site. The Action
Memorandum/Enforcement is attached to this Order as Appendix A.
V. CONCLUSIONS OF LA \V AND DETERMINATIONS
' 10. Based on the Findings of Fact set forth above, and the Administrative Record
supporting this removal action, EPA has determined that:
a. The Ward Transformer Superfund Site is a "facility" as defined by Section
101(9) ofCERCLA, 42 U.S.C. § 9601(9).
b. The contamination found at the Site, as identified in the Findings of Fact above,
includes "hazardous substances" as defined by Section 101( 14) of CERCLA, 42 U.S.C. §
9601(14).
c. Each Respondent is a "person" as defined by Section 101(21) ofCERCLA, 42
U.S.C. § 9601(21).
d. Each Respondent is a responsible party under Section 107(a) of CERCLA, 42
U.S.C. § 9607(a), and is jointly and severally liable for performance of response action and for
response costs incurred and to be incurred at the Site. For example:
t. Respondents Ward Transformer Company, lnc., Ward Transformer
Sales and Service, Inc., Ward Ventures, L.L.C., and Reward
Properties, L.L.C., are the "owner(s)" and/or "operator(s)" of the
facility, as defined by Section 101(20) ofCERCLA, 42 U.S.C. §
9601(20), and within the meaning of Section l07(a)(l) of
CERCLA, 42 U.S.C. § 9607(a)(I).
11. Respondents Ward Transformer Company, Inc., and Ward
Transformer Sales and Service, Inc., were the "owners" and/or
"operators" of the facility al the time of disposal of hazardous
substances at the facility, as defined by Section 101(20) of
CERCLA, 42 U,S.C. § 9601(20), and within the meaning of
Section I07(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(2).
111. Respondents listed in Appendix B.2 arranged for disposal or
treatment, or mTanged with a transporter for transport for disposal
or treatment of hazardous substances at the facility, within the
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12
meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. §
9607(a)(3).
e. The conditions described in Paragraphs 9.e, 9.f, 9.g, and 9.h 0f the Findings of
Fact above constitute an actual or threatened "release" of a hazardous substance from the facility
as defined by Section 101(22) of CERCLA, 42 U.S.C.§ 9601(22).
f. The removal action required by this Order is necessary to protect the public
health, welfare, or the environment and, if carried out in compliance with the tenns of this Order,
will be considered consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP.
VI. ORDER
Based upon the foregoing Findings of Fact, Conclusions of Law, Determinations, and the
Administrative Record for this Site, it is hereby Ordered and Agreed that Respondents shall
comply with all provisions of this Order, including, but not limited to, all attachments to this
Order and all documents incorporated by reference into this Order.
VII. DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR,
AND REMEDIAL PROJECT MANAGER
11. Respondents shall retain one or more contractors to perfonn the Work and shall
notify EPA of the name(s) and qualifications of such contractor(s) within 5 days of the Effective
Date. Respondents shall also notify EPA of the name(s) and qualification(s) of any other
contractor(s) or subcontractor(s) retained to perform the Work at least 30 days prior to
commencement of such Work. EPA retains the right to disapprove of any or all of the
contractors and/or subcontractors retained by Respondents. If EPA disapproves of a selected
contractor, Respondents shall retain a different contractor and shall notify EPA of that
contractor's name and qualifications within 10 days ofEPA's disapproval. The proposed
contractor must demonstrate compliance with ANSVASQC E-4-1994, "Specifications and
Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology
Programs" (American National Standard, January 5, 1995), by submitting a copy of the proposed
contractor's Quality Management Plan ("QMP"). The QMP should be prepared in accordance
with "EPA Requirements for Quality Management Plans (QA/R-2)" (EPA/240/B0-1/002), or
equivalent documentation as required by EPA.
12. Within 5 days after the Effective Date, Respondents shall designate a Project
Coordinator who shall be responsible for administration of all actions by Respondents required by
this Order and shall submit to EPA the designated Project Coordinator's name, address, telephone
number, and qualifications. To the greatest extent possible, the Project Coordinator shall be
present on Site or readily available during Site work. EPA retains the right to disapprove of the
designated Project Coordinator. If EPA disapproves of the designated Project Coordinator,
Respondents shall retain a different Project Coordinator and shall notify EPA of that person's
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13
name, address, telephone number, and qualifications within 10 days following EPA's disapproval.
Receipt by Respondents' Project Coordinator of any notice or communication from EPA relating
to this Order shall constitute receipt by all Respondents.
13. EPA has designated Luis Flores of the Superfund Remedial and Site Evaluation
Branch, Region 4, as its Remedial Project Manager ("RPM"), Except as otherwise provided in
this Order, Respondents shall direct all submissions required by this Order to Luis Flores at 61
Forsyth Street S.W., Atlanta, GA 30303.
14. EPA and Respondents shall have the right, subject to Paragraph 12, to change their
respective designated RPM or Project Coordinator. Respondents shall notify EPA IO days before
such a change is made, The initial notification may be made orally, but shall be promptly followed
by a written notice.
Vlll. WORK TO BE PERFORMED
I 5. Respondents shall perform, at a minimum, all actions necessary to implement Section
V.A. Lb) of the Action Memorandum/Enforcement. Respondents shall perform the actions listed
in Section V.A.1.b) of the Action Memorandum/Enforcement in a manner that does not interfere
with or adversely affect the implementation, integrity, protectiveness, or timely completion of the
actions listed in Section V.A.l.a) of the Action Memorandum/Enforcement.
16. Work Plan and Implementation.
a, Within 30 days after the Effective Date, Respondents shall submit to EPA for
approval a draft Work Plan for performing the removal action generally described in Paragraph 15
above. The draft Work Plan shall provide a description·of, and an expeditious schedule for, the
actions required by this Order. Respondents shall prepare a Quality Assurance Project Plan
("QAPP") as part of the Work Plan. The QAPP should be prepared in accordance with "EPA
Requirements for Quality Assurance Project Plans (QA/R-5)" (EPA/240/B-01/003, March 2001),
and "EPA Guidance for Quality Assurance Project Plans (QA/G-5)" (EPA/600/R-981018,
February 1998).
b. EPA may approve, disapprove, require revisions to, or modify the draft \Vork
Plan in whole or in part, If EPA requires revisions, Respondents shall subi:nit a revised draft
Work Plan within 10 days of receipt ofEPA's notification of the required revisions. Respondents
shall implement the Work Plan as approved in writing by EPA in accordance with the schedule
approved by EPA. Once approved, or approved with modifications, the Work Plan, the schedule,
and any subsequent modifications shall be incorporated into and become fully enforceable under
this Order.
c. Respondents shall not commence any Work except in conformance with the
terms of this Order. Respondents shall not commence implementation of the Work Plan
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14
developed hereunder until receiving written EPA approval pursuant to Paragraph 16(b).
17. HP,a]th and Safety Plan. Within 30 days after the Effective Date, Respondents shall
submit for EPA review and commern a plan that ensures the protection of the public health and
safety during performance of on-Site work under this Order. This plan shall be prepared in
accordance with EPA's Standard Operating Safety Guide (PUB 9285.1-03, PB 92-963414, June
1992). In addition, the plan shall comply with all currently applicable Occupational Safety and
Health Administration ("OSHA") regulations found at 29 C.F.R. Part 19 JO. lf EPA determines
that it is appropriate, the plan shall also include contingency planning. Respondents shall
incorporate all changes to the plan recommended by EPA and shall implement the plan during the
pendency of the removal action.
18. Quality Assurance and Sampling.
a. All sampling and analyses performed pursuant to this Order shall conform to
EPA direction, approval, and guidance regarding sampling, quality assurance/quality control
("QA/QC"), data validation, and chain of custody procedures. Respondents shall ensure that the
laboratory used to perform the analyses participates in a QA/QC program that complies with the
appropriate EPA guidance. Respondents shall follow, as appropriate, "Quality Assurance/Quality
Control Guidance for Removal Activities: Sampling QA/QC Plan and Data Validation
Procedures" (OSWER Directive No. 9360.4-01, April I, 1990), as guidance for QA/QC and
sampling. In addition, Respondents shall follow, "Environmental Investigations Standard
Operating Procedures and Quality Assurance Manual (EISOPQAM)(November 2001)."
Respondents shall only use laboratories that have a documented Quality System that complies with
ANSI/ ASQC E-4 1994, "Specifications and Guidelines for Quality Systems for Environmental
Data Collection and Environmental Technology Programs" (American National Standard, January
5; 1995), and "EPA Requirements for Quality Management Plans (QA/R-2) (EPA/240/B-01/002,
March 2001)," or equivalent documentation as determined by EPA. EPA may consider
laboratories accredited under the National Environmental Laboratory Accreditation Program
("NELAP") as meeting the Quality System requirements.
b. Upon request by EPA, Respondents shall have such a laboratory analyze
samples submitted by EPA for QA monitoring. Respondents shall provide to EPA the QA/QC
procedures followed by all sampling teams and laboratories performing data collection and/or
analysis.
c. Upon request by EPA, Respondents shall allow EPA or its authorized
representatives to take split and/or duplicate samples. Respondents shall notify EPA not less than
7 days in advance of any sample collection activity, unless shorter notice is agreed to by EPA.
EPA shall have the right to take any additional samples that EPA deems necessary. Upon request,
EPA shall allow Respondents to take split or duplicate samples of any samples it takes as part of
its oversight of Respondents' implementation of the Work.
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15
19. Post-Removal Site Control. ln accordance with the Work Plan schedule, or as
otherwise directed by EPA, Respondents shall submit a proposal for post-removal site control
consistent with Sec,ion 300.415(/) of1he NCP and OS\VER Directive No. 9360.2-02. Upon EPA
approval, Respondents shall implement such controls and shall provide EPA with documentation
or all post-removal site control arrangements.
20. Regorting.
a. Respondents shall submit a written progress report to EPA concerning actions
undertaken pursuant to this Order every 10th day of each month after the date of receipt of EPA's
approval of the Work Plan until termination of this Order, unless otherwise directed in writing by
the RPM. These reports shall describe all significant developments during the preceding period,
including the actions performed and any problems encountered, analytical data received during the
reporting period, and the developments anticipated during the next reporting period, including a
schedule of actions to be performed, anticipated problems, and planned resolutions of past or
anticipated problems.
b. · Respondents shall submit 5 copies of all plans, reports or other submissions
required by this Order or any approved work plan. Upon request by EPA, Respondents shall
submit such documents in electronic form.
c. Respondents who own or control property al the Site ·shall, at least 30 days prior
to the conveyance of any interest in real property at-the Site, give written notice to the transferee
that the property is subject to this Order and written notice to EPA and the State of the proposed
conveyance, including the name and address of the transferee. Respondents who own or control
property at the Site also agree to require that their successors comply with the immediately
proceeding sentence and Sections IX (Site Access and ]Cs) and X (Access to Information).
21. Final Report. Within 30 days after completion of all Work required by this Order,
Respondents shall submit for EPA review and approval a final report summarizing the actions
taken to comply with this Order. The final report shall conform with the requirements set forth in
Section 300.165 of the NCP entitled "OSC Reports" and with "Superfund Removal Procedures:
Removal Response Reporting-POLREPS and OSC Reports" (OSWER Directive No. 9360.3-03,
June I, 1994). The final report shall include a good faith estimate of total costs or a statement of
actual costs incurred in complying with the Order, a listi.ng of quantities and types of materials
removed off-Site or handled on-Site, a discussion of removal and disposal options considered for
those materials, a listing of the ultimate destination(s) of those materials, a presentation of the
analytical results of all sampling and analyses performed, and accompanying appendices containing·
all relevant documentation generated during the removal action (e.g., manifests, invoices, bills,
contracts, and permits). The final report shall also include the following certification signed by a
person who supervised or directed the preparation of that report:
"Under penalty of law, I certify that to the best of my knowledge, after appropriate
• •
16
inquiries of all relevant persons involved in the preparation of the report, the information submitted
is true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, incbding the possibility of fine and imprisonment for knowing violations."
22. Off-Site Shipments.
a. Respondents shall, prior to any off-Site shipment of Waste Material from the
Site to an out-of-state waste management facility, provide written notification of such shipment of
Waste Material to the approp1iate state environmental official in the receiving facility's state and to
the Remedial Project Manager. However, this notification requirement shall not apply to any off-
Site shipments when the total volume of all such shipments will not exceed 10 cubic yards.
i. Respondents shall include in the written notification the following
information: I) the name and location of the facility to which the Waste Material is to be shipped;
2) the type and quantity of the Waste Material to be shipped; 3) the expected schedule for the
shipment of the Waste Material; and 4) the method of transportation. Respondents shall notify the
state in which the planned receiving facility is located of major changes in the shipmen\ plan, such
as a decision to ship the Waste Material to another facility within the same state, or to a facility in
another state.
ii. The identity of the receiving facility and state will be determined by
Respondents following the award of the contract for the removal ·action. Respondents shall
provide the information required by Paragraph 22(a) and 22(b) as soon as practicable after the
award of the contract and before the Waste Material is actually shipped.
b. Before shipping any hazardous substances, pollutants, or contaminants from the
Site to an off-site location, Respondents shall obtain EPA's certification that the proposed
receiving facility is operating in compliance with the requirements of CERCLA Section !2l(d)(3),
42 U,S.C. § 962!(d)(3), and 40 C.F.R. § 300.440. Respondents shall only send hazardous
substances, pollutants, or contaminants from the Sile to an off-site facility that complies with the
requirements of the statutory provision and regulation cited in the preceding sentence.
IX. SITE ACCESS AND INSTITUTIONAL CONTROLS
23. If the Site, or any other property where access and/or land/water use restrictions are
needed to implement this Order, is owned or controlled by Respondents, Respondents shall:
a. commencing on the Effective Date of this Order, provide the EPA, the State,
and their representatives, including their contractors, with access at all reasonable times to the
Site, or such other property, for the purpose of conducting any activity related to this Order
including, but not limited to, the following activities:
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17
(I) Monitoring the Work;
(2) Verifying any data or information sub'.Tlitted to EPA or the State;
(3) Conducting investigations relating to contamination at or near the
Site;
(4) Obtaining samples;
(5) Assessing the need for, planning, or implementing additional
response actions at or near the Site;
(6) Assessing implementation of quality assurance and quality control
practices as defined in the approved Quality Assurance Project
Plans;
(7) Implementing the Work pursuant to. the conditions set forth in
Paragraph 63 (Work Takeover) of this Order;
(8) Inspecting and copying records, operating logs, contracts, or other
documents maintained or generated by Respondents or their agents,
consistent with Section X (Access to Information);
(9) Assessing Respondents' compliance with this Order; and
(I 0) Determining whether the Site or other property is being used in a
manner that is prohibited or restricted, or that may need to be
prohibited or restricted, by or pursuant to this Order.
b. commencing on the Effective Date of this Order, refrain from using the Site, or
such other property, in any manner that would interfere with or adversely affect the
implementation, integrity, or protectiveness of the removal measures to be performed pursuant to
this Order; and
c. if EPA so requests, execute and record in the Recorder's Office or Registry of
Deeds or other appropriate land records office of Wake County, State of North Carolina, an
easement, running with the land, that (i) grants a right of access for the purpose of conducting any
activity related to this Order including, but not limited to, those activities listed in Paragraph 23.a
of this Order, and (ii) grants the right to enforce any land/water use restrictions required pursuant
to Paragraph 23.b of this Order, or other restrictions that EPA determines are necessary to
implement, ensure non-interference with, or ensure the protectiveness of the removal measures to
be performed pursuant to this Order. Respondents shall grant the access rights and the rights to
enforce the land/water use restrictions to one or more of the following persons, as determined by
• •
18
EPA (i) EPA and its representatives, (ii) the State and its repi·esentatives, and/or (iii) other
appropriate grantees. Within 30 days of EPA's request for an easement, Respondents shall submit
to EPA for review and approval with respect to rnch property:
( 1) A draft easement that is enforceable under the laws of the State of
North Carolina, and
(2) a current title insurance commitment or some other evidence of title
acceptable to EPA, which shows title to the land described in the
easement to be free and clear of all prior liens and encumbrances
(except when those liens or encumbrances are approved by EPA or
when, despite best efforts, Respondents are unable to obtain release
or subordination of such prior liens or encumbrances).
Within 15 days of EPA's approval and acceptance of the easement and the title
evidence, Respondents shall update the title search and, if it is determined that nothing has
occurred since the effective date of the commitment to affect the title adversely, record the
easement with the Recorder's Office or Registry of Deeds or other appropriate office of Wake
County. Within 30 days of recording the easement, Respondents shall provide EPA with a final
title insurance policy, or other final evidence of title acceptable to EPA, and a certified copy of the
original recorded easement showing the clerk's recording stamps. If the easement is to be
conveyed to the United States, the easement and title evidence (including final title evidence) shall
be prepared in accordance with the U.S. Department of Justice Title Standards 2001, and approval
of the sufficiency of title must be obtained as required by 40 U.S.C. § 255.
24. If the Site, or any other property where access and/or land/water use restrictions are
needed to implement this Order, is owned or controlled by persons other than Respondents,
Respondents shall use best efforts lo secure from such persons:
a. an agreement to provide access thereto for Respondents, as well as for EPA, the
State, as well as their representatives (including contractors), for the purpose of conducting any
activity related to this Order including, but not limited to, those activities listed in Paragraph 23.a
of this Order;
b. an agreement, enforceable by the Respondents and EPA, to refrain from using
the Site, or such other property, in any manner that would interfere with or adversely affect the
implementation, integrity, or protectiveness of the removal measures to be performed pursuant to
this Order; and
c. if EPA so requests, the execution and recordation in the Recorder's Office or
Registry of Deeds or other appropriate land records office of Wake County, State of North
Carolina, of an easement, running with the land, that (i) grants a right of access for the purpose of
conducting any activity related to this Order including, but not limited to, those activities listed in
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Paragraph 24.a of this Order, and (ii) grants the right to enforce any land/water use restrictions
required pursuant to Paragraph 24.b of this Order, or other restrictions that EPA determines are
necessary 10 implement, en,:.ire non-intcrferenc:: with, or ensure the protectiveness of the removal
measures 10 be performed pursuant to this Order. The access tights and/or rights to enforce
land/water use restrictions shall be granted 10 one or more of the following persons, as determined
by EPA (i) EPA and its representatives, (ii) the State and its representatives, (iii) Respondents and
their representatives, and/or (iv) other appropriate grantees. Within 30 days ofEPA's request for
an easement, Respondents shall submit to EPA for review and approval with respect to such
property:
(1) A draft easement that is enforceable under the laws of the State of
North Carolina, and
(2) a current title insurance commitment, or some other evidence of title
acceptable to EPA, which shows title to the land described in the
easement to be free and clear of all prior liens and encumbrances
(except when those liens or encumbrances are approved by EPA or
when, despite best efforts, Respondents are unable lo obtain release
or subordination of such prior liens or encumbrances).
Within 15 days ofEPA's approval and aceeptance of the easement and the title
evidence, Respondents shall update the title search and, if it is determined that nothing has
occurred since the effective date of the commitment to affect the title adversely, the easement shall
be recorded with the Recorder's Office or Registry of Deeds or other appropriate office of Wake
County. Within 30 days of the recording of the easement, Respondents shall provide EPA with a
final title insurance policy, or other final evidence of title acceptable to EPA, and a certified copy
of the original recorded easement showing the clerk's recording stamps. If easement is to be
conveyed to EPA, the easement and title evidence (including final title evidence) shall be prepared
in accordance with the U.S. Department of Justice Title Standards 200!, and approval of the
sufficiency of title must be obtained as required by 40 U.S.C. § 255.
25. For purposes of Paragraphs 23 and 24 of this Order, "best efforts" includes the
payment of reasonable sums of money in consideration of access, access easements, land/water use
restrictions, restrictive easements, and/or an agreement to release or subordinate a prior lien or
encumbrance. If (a) any access or land/water use restriction agreements required by Paragraphs
24.a or 24.b of this Order are not obtained within 45 days of the Effective Date of this Order, (b)
any access easements or rest1ictive easements required by Paragraph 24.c of this Order are not
submitted to EPA in draft fof!TI within 30 days ofEPA's request for an easement, or (c)
Respondents are unable to obtain an agreement pursuant to Paragraph 23.c.(2) or Paragraph
24.c.(2) from the holder of a prior lien or encumbrance to release or subordinate sueh lien or
encumbrance to the easement being created pursuant to this Order within 45 days of the Effective
Date of this Order, Respondents shall promptly notify EPA in writing, and shall include in that
notification a summary of the steps that Respondents have taken to attempt to comply with
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Paragraph 23 or 24 of ihis Order. EPA may, as it deems appropriate, assist Respondents in
obtaining access or land/water use restrictions, either in the form of contractual agreements or in
the form or easements rur.ning with the land, or in obtaining the release or scbordination of a prio~
lien or encumbrance. Respondents shall reimburse EPA in accordance with the procedures in
Section XV (Payment of Response Costs), for all costs incurred, direct or indirect, by EPA in
obtaining such access, land/water use restrictions, and/or the release/subordination of prior liens or
encumbrances including, but not limited to, the cost of attorney time and the amount of monetary
consideration paid or just compensation.
26. If EPA determines that land/water use restrictions in the form of stale cir.local laws,
regulations, ordinances or other governmental controls are necessary to implement, ensure non-
interference with, or ensure the protectiveness of the removal measures to be performed pursuant
to this Order, Respondents shall cooperate with EPA's and the State's efforts to secure such
governmental controls.
27. Notwithstanding any provision of this Order, EPA and the State retain all of their
access authorities and rights, as well as all of their rights to require land/water use restrictions,
including enforcement authorities related thereto, under CERCLA, RCRA and any other applicable
statute or regulations.
X. ACCESS TO JNFORMA TJON
28. Respondents shall provide to EPA and the State, upon request, copies of all
documents and inforrnation within their possession or control or that of their contractors or agents
relating to activities at the Site or to the implementation of this Order, including, but not limited to,
sampling, analysis, chain of custody records, manifests, trucking logs, receipts, reports, sample
traffic routing, correspondence, or other documents or information related to the Work.
Respondents shall also make available to EPA and the State, for purposes of investigation, ,
inforrnation gathering, or testimony, their employees, agents, or representatives with knowledge of
relevant facts concerning the performance of the Work.
29. Respondents may assert business confidentiality claims covering part or all of the
documents or information submitted to EPA and the State under this Order to the extent permitted
by and in accordance with Section l04(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R.
§ 2.203(b). Documents or information determined to be confidential by EPA will be afforded the
protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality accompanies
documents or information when they are submitted to EPA and the State, or if EPA has notified
Respondents that the documents or information are not confidential under the standards of Section
l04(e)(7) of CERCLA or 40 C.F.R. Part 2, Subpart B, the public may be given access to such
documents or inforrnation without further notice to Respondents.
30. Respondents may assert that certain documents, records and other inforrnation are
privileged under the attorney-client privilege or any other privilege recognized by federal law. If
• •
21
the Respondents assert such a privilege in lieu of providing documents, they shall provide EPA and
the State with the following: I) the title of the document, record, or information; 2) the date of the
document, record, or information; 3) the name and title of the author of the doc.ument, record, or ·
information; 4) the name and title of each addressee and recipient; 5) a desciiption of the contents
of the document, record, or information; and 6) the privilege asserted by Respondents. However,
no documents, reports or other information created or generated pursuant to the requirements of
. this Order shall be withheld on the grounds that they are privileged.
31. No claim of confidentiality shall be made with respect to any data, including, but not
limited to, all sampling, analytical, monitoring, hydrogeologic, scientific, chemical, or enginee1ing
data, or any other documents or information evidencing conditions at or around the Site.
XI. RECORD RETENTION
32. Until JO years after Respondents' receipt of EPA's notification pursuant 10 Section
XXIX (Notice of Completion of Work), each Respondent shall preserve and retain all non-
identical copies of records and documents (including records or documents in electronic form)
now in its possession or control or which come into its possession or control that relate in any
manner to the performance of the Work or the liability of any person under CERCLA with respect
to the Site, regardless of any corporate retention policy to the contrary. Until 10 years after
Respondents' receipt ofEPA's notification pursuant to Section XXIX{Notice of Completion of
Work), Respondents shall also instruct their contractors and agents to preserve all documents,
records, and information of whatever kind, nature or description relating to performance of the
Work.
33. At the conclus1on of this document rete111ion period, Respondents shall notify EPA and
the State at least 90 days prior to the destruction of any such records or documents, and, upon
request by EPA or the State, Respondents shall deliver any such records or documents to EPA or
the State. Respondents may assert that certain documents, records and other information are
privileged under the attorney-client privilege or any other privilege recognized by federal law. If
Respondents assert such a privilege, they shall provide EPA or the State with the following: I) the
title of the document, record, or information; 2) the date of the document, record, or information;
3) the name and title of the author of the document, record, or infonnation; 4) the name and ti Ile of
each addressee and recipient; 5) a description of the subject of the document, record, or
information; and 6) the privilege asserted by Respondents. However, no documents, reports or
other information created or generated pursuant to the requirements of this Order shall be withheld
on the grounds that they are privileged.
34. Each Respondent hereby certifies individually that to the best of its knowledge and
belief, after thorough inquiry, it has not altered, mutilated, discarded, destroyed or otherwise
disposed of any records, documents or other information (other than identical copies) relating to
its potential liability regarding the Site since notification of potential liability by EPA or the State
or the filing of suit against it regarding the Site and that it has fully complied with any and all EPA
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requests for information pursuant to Sections. 104(e) and 122(e) ofCERCLA, 42 U.S.C. §§
9604(e) and 9622(e), and Section 3007 of RCRA, 42 U.S.C. § 6927.
XII. COMPLIANCE WITH OTHER LAWS
35. Respondents shall perform all actions required pursuant to this Order in accordance
with all applicable local, state, and federal laws and regulations except as provided in Section
12l(e) ofCERCLA, 42 U.S.C. § 692l(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). In
accordance with 40 C.F.R. § 300.415(j), all on-Site actions required pursuant to this Order shall,
to the extent practicable, as determined by EPA, considering the exigencies of the situation, attain
applicable or relevant and appropriate requirements ("ARARs") under federal environmental or
state environmental or facility siting laws. Respondents shall identify ARARs in the Work Plan
subject to EPA approval.
XIII. EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES
36. In the event of any action or occurrence during performance of the Work which causes
or threatens a release of Waste Material from the Site that constitutes an emergency situation or
may present an immediate threat to public health or welfare or the environment, Respondents shall
immediately take all appropriate action. Respondents shall take these actions in accordance with
all applicable provisions of this Order, including, but not limited to, the Health and Safety Plan, in
order to prevent, abate or minimize such release or endangerment caused or threatened by the
release. Respondents shall also immediately notify the RPM or, in the event of his/her
unavailability, the Regional Duty Officer, Emergency Response and Removal Branch, US EPA,
Region 4, 404-562-8700 (Duty Officer#), 1-800-424-8802 (24 hour number), of the incident or
Site conditions. In the event that Respondents fail to take appropriate response action as required
by this Paragraph, and EPA takes such action instead, Respondents shall reimburse EPA all costs
of the response action not inconsistent with the NCP pursuant to Section XV (Payment of
Response Costs).
37. In addition, in the event of any release of a hazardous substance from the Site,
Respondents shall immediately notify the RPM at [phone] and the National Response
Center at [phone]. Respondents shall submit a written report to EPA within 7 days after
each release, setting forth the events that occurred and the measures taken or to be taken to
mitigate any release or endangerment caused or threatened by the release and to prevent the
reoccurrence of such a release. This reporting requirement is in addition to, and not in lieu of,
reporting under Section !03(c) of CERCLA,42 U.S.C. § 9603(c), and Section 304 of the
Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. § I 1004, et seq.
XIV. AUTHORITY OF REMEDIAL PROJECT MANAGER
38. The RPM shall be responsible for overseeing Respondents' implementation of this
Order. The RPM shall have the authority vested in an RPM by the NCP, including the authority to
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halt, conduct, or direct any Work required by this Order, or to direct any other removal action
undertaken at the Site. Absence of the RPM from the Site shall not be cause for stoppage of work
unless specifically directed by the RPM.
XV. PAYMENT OF' RESPONSE COSTS
39. Payment for Past Response Costs.
a. Within 30 days after the Effective Date, Respondents shall pay to EPA
$1,573,084.06 for Past Response Costs. Payment shall be made to EPA by Electronic Funds
Transfer ("EFr") in accordance with current EFr procedures to be provided to Respondents by
EPA Region 4, and shall be accompanied by a statement identifying the name and address of the
pm1y(ies) making payment, Lock Box Number 100142, Account Number 375-021-7962, and
Routing Transit Number l I l-0000-12. lt should also reference the EPA docket number for this
action, the identity of the Site and Site Number A4S4.
b. At the time of payment, Respondents shall send a copy of notice of payment to
the following persons:
Ms. Paula V. Batchelor
U.S. Environmental Protection Agency; Region 4
I l'h Floor, Superfund Enforcement and information Management Branch
Waste Management Division
61 Forsyth Street, SW
Atlanta, Georgia 30303
Matthew L. Hicks
Associate Regional Counsel
U.S. Environmental Protection Agency, Region 4
Office of Environmental Accountability
61 Forsyth Street, SW
Atlanta, Georgia 30303
c. The total amount to be paid by Respondents pursuant to Paragraph 39(a) shall be
deposited in the Ward Transformer Superfund Site Special Account within the EPA Hazardous
Substance Superfund to be retained and used to conduct or finance response actions at or in
connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.
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40. Payments for Future Response Costs.
:1. Respondents shall pay EPA all Future Response Costs not inconsistent with the
NCP. On a periodic basis, EPA will send Respondents a bill requiring payment that includes a
SCORPIOS Repon, which shall serve as the basis for payment demands. Failure to submit an
accounting in one bill does not prevent EPA from submitiing an accounting for that billing period in
a subsequent bill. Respondents shall make all payments within 30 days of receipt of each bill
requiring payment, except as otherwise provided in Paragraph 42 of this Order.
b. Respondents shall make all payments required by this Paragraph by Electronic
Funds Transfer ("EFT") pursuant to the instructions in Paragraph 39(a).
c. At the time of payment, Respondents shall send a copy of notice of payment to
the persons identified in Paragraph 39(b).
d. The total amount to be paid by Respondents pursuant to Paragraph 40(a) shall be
deposited in the Ward Transformer Superfund Site Special Account within the EPA Hazardous
Substance Superfund to be retained and used to conduct or finance response actions al or in
connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.
41. In the event that the payment for Past Response Costs is not made within 30 days of the
Effective Date, or the payments for Future Response Costs are not made within 30 days of
Respondents' receipt of a bill, Respondents shall pay Interest on the unpaid balance. The Interest
on Past Response Costs shall begin to accrue on the Effective Date and shall continue to accrue
until the date of payment. The Interest on Future Response Costs shall begin to accrue on the date
of the bill and shall continue to accrue until the date of payment. Payments of Interest made under
this Paragraph shall be in addition to such other remedies or sanctions available to the United States
by vinue of Respondents' failure to make timely payments under this Section, including but not
limited to, payment of stipulated penalties pursuant to Section XVIII.
42. Respondents may dispute all or part of a bill for Future Response Costs submitted
under this Order. Respondents agree to limit any disputes concerning the bill for Future Response
Costs to accounting errors or costs which are inconsistent with the NCP. The dispute resolution
procedures set fonh in this paragraph in conjunction with the procedures set fonh in Section XVI
(Dispute Resolution) shall be the exclusive mechanism for resolving disputes concerning the bill for
Future Responses Costs. If any dispute over costs is resolved before payment is due, the amount
due will be adjusted as necessary. If the dispute is not resolved before payment is due, Respondents
shall pay the full amount of the uncontested costs to EPA as specified in Paragraph 40 on or before
the due date. Within the same time period, Respondents shall pay the full amount of the contested
costs into an interest-bearing escrow account. Respondents shall simultaneously transmit a copy of
both notices of payment to the persons listed in Paragraph 40(c) above. Respondents shall ensure
that the prevailing pany or parties in the dispute shall receive the amount upon which they prevailed
from the escrow funds plus interest within 7 days after the dispute is resolved.
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XVI. DISPUTE RESOLUTION
. 43. Unless otherwise expressly provided for in this Order, the dispute resolution procedures
of this Section shall be the exclusive mechanism for resolving disputes arising under this Order. The
Parties shall atlempl to resolve any disagreements concerning this Order expeditiously and
informally.
44. If Respondents object to any EPA action taken pursuant to this Order, including billings
for Future Response Costs, they shall notify EPA in writing of their objection(s) within 10 days of
such action, unless the objection(s) has/have been resolved informally. EPA and Respondents shall
have 14 days from EPA's receipt of Respondents' written objection(s) to resolve the dispute
through formal negotiations (the "Negotiation Peiiod"). The Negotiation Period may be extended
al the sole discretion of EPA.
45. Any agreement reached by the parties pursuant to this Section shall be in writing and
shall, upon signature by both panics, be incorporated into and become an enforceable pan of this
Order. If the Panies are unable to reach an agreement within the Negotiation Period, the EPA
Region 4 Waste Management Division Director will issue a written decision on the dispute to
Respondents. EPA' s decision shall be incorporated into and become an enforceable pan of this
Order .. Respondents' obligations under this Order shall not be tolled by submission of any objection
for dispute resolution under this Section. Following resolution of the dispute, as provided by this
Section, Respondents shall fulfill the requirement that was the subject of the dispute in accordance
with the agreement reached or with EPA's decision, whichever occurs.
XVII. FORCE MAJEURE
46. Respondents agree to perform all requirements of this Order within the time limits
established under this Order, unless the performance is delayed by aforce majeure. For purposes of
this Order, a force majeure is defined as any event arising from causes beyond the control of
Respondents, or of any entity controlled by Respondents, including but not limited lo their
contractors and subcontractors, which delays or prevents performance of any obligation under this
Order despite Respondents' best efforts to fulfill the obligation. Force maje1ire does not include
financial inability to complete the Work, or increased cost of performance, or a failure lo attain
performance standards/action levels set fonh in the Action Memorandum/Enforcement.
47. If any event occurs or has occurred that may delay the performance of any obligation
under this Order, whether or not caused by a force majeure event, Respondents shall notify EPA
orally within 72 hours of when Respondents first knew that the event might cause a delay. Within 7
days thereafter, Respondents shall provide to EPA in writing an explanation and description of the
reasons for the delay; the anticipated duration of the delay; all actions taken or lo be taken 10
prevent or minimize the delay; a schedule for implemenlalion of any measures to be taken to
prevent or mitigate the delay or the effect of the delay; Respondents' rationale for allributing such
delay to a force majeure event if they intend to assen such a claim; and a statement as to whether,
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in the opinion of Respondents, such event may cause or contribute to an endangerment to public
health, welfare or the environment. Failure to comply with the above requirements shall preclude
Respondents from asserting any claim of force majeure for that event for the period of time of such
failure to comply and for any additional delay caused by such failure.
48. If EPA agrees that the delay or anticipated delay is attributable to a force majeure
event, the time for performance of the obligations under this Order that are affected by the force
majeure event will be extended by EPA for such time as is necessary to complete those obligations.
An extension of the time for performance of the obligations affected by the force majeure event
shall not, of itself, extend the time for performance of any other obligation. If EPA does not agree
that the delay or anticipated delay has been or will be caused by aforce majeure event, EPA will
notify Respondents in writing of its decision. Jf EPA agrees that the delay is· attributable to a force
majeure event, EPA will notify Respondents in writing of the length of the extension, if any, for
performance of the obligations affected by the force majeure event.
XVIII. STIPULATED PENALTIES
49. Respondents shall be liable to EPA for stipulated penalties in the amounts set forth in
Paragraphs 50, 51, 52, and 53 for failure to comply with the requirements of this Order specified
below, unless excused under Section XVII (Force Majeure). "Compliance" by Respondents shall
include completion of the activities under this Order or any work plan or other plan approved under
this Order identified below in accordance with all applicable requirements of law, this Order, and
any plans or other documents approved by EPA pursuant to this Order and within the specified time
schedules established by and approved under this Order.
50. Stipulated Penalty Amounts.
a. The following stipulated penalties shall accrue per violation per day for any
noncompliance identified in Paragraph 50(b):
Penalty Per Violation Per Day
$ 1,250
$2,500
$5,000
Period of Noncompliance
I st through I 4th day
I 5th through 30th day
3 I st day and beyond
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b. Types of Noncompliance
(1) Failure to timely S'..lbmit the deliverables set forth in Paragraphs 16, 17,
21, 74, 75, 76, and 82 of this Order.
(2) Failure to timely submit any modifications to reports, plans, or schedules
as required under the Order.
(3) Failure to timely submit payment of the Past Response Costs and the
undisputed portion of any Future Response Costs as provided in Section XV.
51. If Respondents fail to submit a progress report by its due date, Respondents shall be
liable to EPA for stipulated penalties in the amount of $1,250 per violation for each day during
which Respondents fail to submit and, if necessary, modify progress reports.
52. Respondents shall be liable to EPA for stipulated penalties in the amount of $2,500 per
violation for each day during which Respondents fail to comply with all other requirements of this
Order.
53. In the event that EPA assumes performance of a portion or all of the Work pursuant to
Paragraph 63 of Section XX, Respondents shall be liable for a stipulated penalty in the amount of
$50,000.
54. All penalties shall begin to accrue on the day after the complete performance is due or
the day a violation occurs, and shall continue to accrue through the final day of the correction of the
noncompliance or completion of the activity. However, stipulated penalties shall not accrue: 1)
with respect to a deficient submission under Section Vfll (Work to be Performed), during the
period, if any, beginning on the 31st day after EPA's receipt of such submission until the date that
EPA notifies Respondents of any deficiency; and 2) with respect to a decision by the EPA Region 4
Waste Management Division Director, under Paragraph 4 of Section XVI (Dispute Resolution),
during the period, if any, beginning on the 15th day after the Negotiation Period begins until the
date that the EPA management official issues a final decision regarding such dispute. Nothing
herein shall prevent the simultaneous accrual of separate penalties for separate violations of this
Order.
55. Following EPA's determination that Respondents have failed to comply with a
requirement of this Order, EPA may give Respondents written notification of the failure and
describe the noncompliance. EPA may send Respondents a written demand for payment of the
penalties. However, penalties shall accrue as provided in the preceding Paragraph regardless of
whether EPA has notified Respondents of a violation.
56. All penalties accruing under this Section shall be due and payable to EPA within 30
days of Respondents' receipt from EPA of a demand for payment of the penalties, unless
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Respondents invoke the dispute resolution procedures under Section XVI (Dispute Resolution).
All payments to EPA under this Section shall be paid by Electronic Funds Transfer (EFT) in
accordance with current EFT procedures tr; be provided to Respondent by EPA Region 4, ~nd shall
be accompanied by a statement identifying the name and address of the Respondent, Lock Box
Number l00142, Account Number 375-021-7962, and Routing Transit Number l l l-0000-12. It
should also reference the EPA docket number for this action, the identity of the Site and Site
Number A451. Copies of the notice of payment and any accompanying transmittal letter(s), shall be
sent to the EPA officials listed in Paragraph 39.b of this Order.
57. The payment of penalties shall not alter in any way Respondents' obligation to complete
performance of the Work required under this Order.
58. Penalties shall continue to accrue during any dispute resolution period, but need not be
paid until 15 days after the dispute is resolved by agreement or by receipt ofEPA's decision.
59. If Respondents fail to pay stipulated penalties when due, EPA may institute proceedings
to collect the penalties, as well as Interest. Respondents shall pay Interest on the unpaid balance,
which shall begin to accrue on the date of demand made pursuant to Paragraph 56. Nothing in this
Order shall be construed as prohibiting, altering, or in any way limiting the ability of EPA to seek
any other remedies or sanctions available by vinue of Respondents' violation of this Order or of the
statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to
Sections 106(b) and 122(1) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(1), and punitive damages
pursuant to Section I07(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA
shall not seek civil penalties pursuant to Section 106(b) or I 22(1) of CERCLA or punitive damages
pursuant to Section l07(c)(3) of CERCLA for any violation for which a stipulated penalty is
provided herein, except in the case of a willful violation of this Order or in the event that EPA
assumes performance of a ponion or all of the Work pursuant to Section XX, Paragraph 63.
Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive
any ponion of stipulated penalties that have accrued pursuant to this Order.
XIX. COVENANT NOT TO SUE BY EPA
60. In consideration of the actions that will be performed and the payments that will be
made by Respondents under the terms of this Order, and except as otherwise specifically provided
in this Order, EPA covenants not to sue or to take administrative action against Respondents
pursuant to Sections 106 and I07(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), for performance
of the Work and for recovery of Past Response Costs and Future Response Costs. This covenant
not to sue shall take effect upon receipt by EPA of the Past Response Costs due under Section XV
of this Order and any Interest or Stipulated Penalties due for failure to pay Past Response Costs as
required by Sections XV and XVIIl of this Order. This covenant not to sue is conditioned upon the
complete and satisfactory performance by Respondents of their obligations under this Order,
including, but not limited to, payment of Future Response Costs pursuant to Section XV. This
covenant nm to sue extends only to Respondents and does not extend to any other person.
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XX. RESERVATIONS OF RIGHTS BY EPA
61. Except as specifically provided in this Order, nothing herein shall limit the power and
authority of EPA or the United States to take, direct, or order all actions necessary to protect public
health, welfare, or the environment or to prevent, abate, or minimize an actual or threatened release
of hazardous substances, pollutants or contaminants, or hazardous or solid waste on, at, or from the
Site. Further, nothing herein shall prevent EPA from seeking legal or equitable relief to enforce the
terms of this Order, from taking other legal or equitable action as it deems appropriate and
necessary, or from requiring Respondents in the future to perform additional activities pursuant to
CERCLA or any other applicable law.
62. The covenant 1101 to sue set forth in Section XlX above does not pertain to any matters
other than those expressly identified therein. EPA reserves, and this Order is without prejudice to,
all rights against Respondents with respect to all other matters, including, but not limited to:
a. claims based on a failure by Respondents to meet a requirement of this Order;
b. liability for costs not included within the definitions of Past Response Costs or
Future Response Costs;
c. liability for performance of response action other than the Work;
d. criminal liability;
e. liability for damages for injury to, destruction of, or loss of natural resources, and
for the costs of any natural resource damage assessments;
f. liability arising from the past, present, or future disposal, release or threat of
release of Waste Materials outside of the Site; and
g. liability for costs incurred or to be incurred by the Agency for Toxic Substances
and Disease Registry related to the Site.
63. Work Takeover. In the event EPA determines that Respondents have ceased
implementation of any portion of the Work, are seriously or repeatedly deficient or late in their
performance of the Work, or are implementing the Work in a manner which may cause an
. endangerment to human health or the environment, EPA may assume the performance of all or any
portion of the Work as EPA determines necessary. Respondents may invoke the procedures set
forth in Section XVI (Dispute Resolution) to dispute EPA's determination that takeover of the
Work is warranted under this Paragraph. Costs incurred by the United States in performing the
Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents shall
pay pursuant to Section XV (Payment of Response Costs). Notwithstanding any other provision of
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this Order, EPA retains all authority and reserves all rights to take any and all response actions
authorized by law.
XXI. COVENANT NOT TO SUE BY RESPONDENTS
64. Respondents covenant not to sue and agree not to assert any claims or causes of action
against the United States, or its contractors or employees, with respect to the Work, Past Response
Costs, Future Response Costs, or this Order, including, but not limited to:
a. any direct or indirect claim for reimbursement from the Hazardous Substance
Superfund established by 26 U.S.C. § 9507, based on Sections 106(b)(2), 107, Ill, 112, or 113 of
CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 961·3, or any other provision of law;
b. any claim arising out of response actions at or in connection with the Site,
including any claim under the United States Constitution, the State Constitution, the Tucker Act, 28
U.S.C. § 149 I, the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended, or at common law;
or
c. any claim against the United States pursuant to Sections 107 and 113 of
CERCLA, 42 U.S.C. §§ 9607 and 9613, relating to the Site.
Except as provided in Paragraph 66 (Waiver of Claims), these covenants not to sue shall not
apply in the event the United States brings a cause of action or issues an order pursuant to the
reservations set forth in Paragraphs 62 (b), (c), and (e) -(g), but only to the extent that
Respondents' claims arise from the same response action, response costs, or damages that the
United States is seeking pursuant to the applicable reservation.
65. Nothing in this Agreement shall be deemed to constitute approval or preauthorization
of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. §
300.700(d).
66. Respondents agree not to assert any claims and to waive all claims or causes of action
that they may have for all matters relating to the Site, including for contribution, against any person
where the person's liability to Respondents with respect to the Site is based solely on having
arranged for disposal or treatment, or for transport for disposal or treatment, of hazardous
substances at the Site, or having accepted for transport for disposal or treatment of hazardous
substances at the Site, if
a. the materials contributed by such person to the Site containing hazardous
substances did not exceed 110 gallons of liquid materials.
b. This waiver shall not apply to any claim or cause of action against any person
meeting the above criteria if EPA has determined that the materials'contributed to the Site by such
• •
31
person contributed or could contribute significantly to the costs of response at the Site. This waiver
also shall not apply with respect to any defense, claim, or cause of action that a Respondent may
have against any person if such p~rson asserts a claim or cause of action relating to the Site against
such Respondent.
XXII. OTHER CLAIMS
67. By issuance of this Order, the United States and EPA assume no liability for injuries or
damages to persons or property resulting from any acts or omissions of Respondents. The United
States or EPA shall not be deemed a party to any contract entered into by Respondents or their
directors, officers, employees, agents, successors, representatives, assigns, contractors, or
consultants in carrying out actions pursuant to this Order.
68. Except as expressly provided in Section XXI, Paragraph 66 (De Micromis \Vaivers) and
Section XIX (Covenant Not to Sue by EPA), nothing in this Order constitutes a satisfaction of or
release from any claim or cause of action ugainst Respondents or any person not a party to this
Order, for any liability such person may have under CERCLA, other statutes, or common law,
including but not limited to any claims of the United States for costs, damages and interest under
Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607.
69. No action or decision by EPA pursuant to this Order shall give rise to any right to
judicial review, except as set forth in Section l 13(h) of CERCLA, 42 U.S.C. § 9613(h).
XXIII. CONTRIHUTION PROTECTION
70. The Parties agree that Respondents are entitled, as of the Effective Date, to protection
from contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4) of CERCLA,
42 U.S.C. §§ 9613(f)(2) and 9622(h)(4). for "matters addressed" in this Order. The "matters
addressed" in this Order are the Work, Past Response Costs, and Fu_ture Response Costs. Except
as provided in Section XX!, Paragraph 66 (De Micromis Waivers), nothing in this Order precludes
the United States or Respondents from asserting any claims, causes of action, or demands against
any persons not parties to this Order for indemnification, contribution, or cost recovery.
XXJV. INDEMNIFICATJON
7 l. Respondents shall indemnify, save and hold hannless the United States, its officials,
agents, contractors, subcontractors, employees and representatives from any and all claims or
causes of action arising from, or on account of, negligent or other wrongful acts or omissions of
Respondents, their officers, directors, employees, agents, contractors, or subcontractors, in carrying
out actions pursuant to this Order. In addition, Respondents agree to pay the United States all
costs incurred by the United States, including but not limited to attorneys fees and other expenses
of litigation and settlement, arising from or on account of claims made against the United States
based on negligent or other wrongful acts or omissions of Respondents, their officers, directors,
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32
employees, agents, conlraclors, subcontractors and any persons acting on their behalf or under their
control, in carrying out activities pursuant to this Order. The United States shall not be held out as
a party to any contract entered :r.:o by or on behalf 0f Respondents in carrying out activities
pursuant to this Order. Neither Respondents nor any such contractor shall be considered an agent
of the United States.
72. The United States shall give Respondents notice of any claim for which the United
States plans to seek indemnification pursuant to this Section and shall consult with Respondents ·
prior to settling such claim.
73. Respondents waive all claims against the United States for damages or reimbursement
or for set-off of any payments made or to be made to the United States, arising from or on account
of any contract, agreement, or arrangement between any one or more of Respondents and any
person for performance of Work on or relating to the Site, including, but not limited to, claims on
account of construction delays. In addition, Respondents shall indemnify and hold harmless the
United States with respect to any and all claims for damages or reimbursement arising from or on
account of any contract, agreement, or arrangement between any one or more of Respondents and
any person for pe1fonnance of Work on or relating to the Site, including, but not limited to, claims
on account of construction delays.
XXV. INSURANCE
74. At least 7 days prior to commencing any on-Site work under this Order, Respondents
shall secure, and shall maintain for the duration of this Order, comprehensive general liability
insurance and automobile insurance with limits of $1,000,000, combined single limit. Within the
same time period, Respondents shall provide EPA with certificates of such insurance and a copy of
each insurance policy. In addition, for the duration of the Order, Respondents shall satisfy, or shall
ensure that their contractors or subcontractors satisfy, all applicable laws and regulations regarding
the provision of worker's compensation insurance for all persons performing the Work on behalf of
Respondents in furtherance of this Order. If Respondents demonstrate by evidence satisfactory to
EPA that any contractor or subcontractor maintains insurance equivalent to that desc1ibed above, or
insurance covering some or all of the same risks but in an equal or.lesser amount, then Respondents
need provide only that portion of the insurance described above which is not maintained by such
contractor or subcontractor.
XXVI. FINANCIAL ASSURANCE
75. Within 30 days of the Effective Date, Respondents shall establish and maintain financial
security in the amount of$ 5,000,000 in one or more of the following fom1s:
a. A surety bond guaranteeing performance of the Work;
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33
b. One or more in-evocable letters of credit equaling lhe total estimated cost of the
Work;
c. A trust fund;
d. A guarantee to perform the Work by one or more parent corporations or
subsidiaries, or by one or more unrelated corporations that have a substantial business relationship
with al least one of Respondents; or
e. A demonstration that one O\' more of the Respondents satisfy the requirements of
40 C.F.R. Part 264.143(1).
76. If Respondents seek 10 demonstrate the ability to complete the Work through a
guarantee by a third party pursuant to Paragraph 75(a) of this Section, Respondents shall
demonstrate that the guarantor satisfies the requirements of 40 C.F.R. Part 264.143(f). If
Respondents seek to demonstrate their' ability to complete the Work by means of the financial test
or the corporate guarantee pursuant 10 Paragraph 75(d) or (e) of this Section, they shall resubmit
sworn statements conveying the informmion required by 40 C.F.R. Part 264. 143(1) annually, on the
anniversary of the Effective Date. In 1he event that EPA determines at any time that the financial
assurances provided pursuant to this Section are inadequate, Respondents shall, within 30 days of
receipt of notice of EPA's determination, obtain and present to EPA for approval one of the other
forms of financial assurance listed in Paragraph 75 of this Section. Respondents' inability to
demonstrate rinancial ability to complete the Work shall not excuse performance of any activities
required under this Order.
77. If, after the Effective Date, Respondents can show that the estimated cost to complete
the remaining Work has diminished below the amount set forth in Paragraph 75 of this Section,
Respondents may, on any anniversary date of the Effective Date, or at any other time agreed to by
the Parties, reduce the amount of the financial security provided under this Section to the estimated
cost of the remaining Work to be performed. Respondents shall submit a proposal for such
reduction to EPA, in accordance with the requirements of this Section, and may reduce the amount
of the security upon approval by EPA. In the event of a dispute, Respondents may reduce the
amount of the security in accordance with the written decision resolving the dispute.
78. Respondents may change the form of financial assurance provided under this Section at
any time, upon notice to and approval by EPA, provided that the new form of assurance meets the
requirements of this Section. In the event of a dispute, Respondents may change the form of the
financial assurance only in accordance with the written decision resolving the dispute.
XXVII. MODIFICATIONS
79. The RPM may make modifications to any plan or schedule in writing or by oral
direction. Any oral modification will be memorialized in writing by EPA promptly, but shall have as
• •
34
its effective date the date of the RPM's oral direction. Any other requirements of this Order may be
modified in wtiting by mutual agreement of the parties.
80. If Respondents seek permission to deviate from any approved work plan or schedule,
Respondents' Project Coordinator shall submit a written request to EPA for approval outlining the
proposed modification and its basis. Respondents may not proceed with the requested deviation
until receiving oral or written approval from the RPM pursuant to Paragraph 79.
81. No informal advice, guidance, suggestion, or comment by the RPM or other EPA
representatives regarding reports, plans, specifications, schedules, or any other writing submitted by
Respondents shall relieve Respondents of their obligation to obtain any formal approval required by
this Order, or to comply with all requirements of this Order, unless it is formally modified.
XXVIII. ADDITIONAL REMOVAL ACTIONS
82. If EPA determines that additional removal actions not included in an approved plan are
necessary to protect public health, welfare, or the environment, EPAwill notify Respondents of that
detennination. Unless otherwise stated by EPA, within 30 days of receipt of notice from EPA that
additional removal actions are necessary to protect public health, welfare, or the environment,
Respondents shall submit for approval by EPA a Work Plan for the additional removal actions. The
plan shall conform to the applicable requirements of Section VIII (Work to Be Performed) of this
Order. Upon EPA's approval of the plan pursuant to Section VIII, Respondents shall implement
the plan for additional removal actions in accordance with the provisions and schedule contained
therein. This Section does not alter or diminish the RPM's authority to make oral modifications to
any plan or schedule pursuant to Section XXVJJ (Modifications).
XXIX. NOTICE OF COMPLETION OF WORK
83. When EPA determines, after EPA's review of the Final Report, that all Work has been
fully perfonned in accordance with this Order, with the exception of any continuing obligations
required by this Order, including, without limitation, post-removal site controls, access rights,
land/water use restrictions, payment of Futl!re·Response Costs, or record retention, EPA will
provide written notice to Respondents. If EPA determines that any such Work has not been
completed in accordance with this Order, EPA will notify Respondents, provide a list of the
deficiencies, and require that Respondents modify the Work Plan if appropriate in order to correct
such deficiencies. Respondents shall implement the modified and approved Work Plan and shall
submit a modified Final Report in accordance with the EPA notice. Failure by Respondents to
implement the approved modified Work Plan shall be a violation of this Order.
XXX. SEVERABILITY/INTEGRATION/APPENDICES
84. If a court issues an order that invalidates any provision of this Order or finds that
Respondents have sufficient cause not to comply with one or more provisions of this Order,
• •
35
Respondents shall remain bound to comply with all provisions of this Order not invalidated or
determined to be subject to a sufficient cause defense by the court's order.
85, This Order and its appendices constitute the final, complete and exclusive agreement
and understanding among the Panies with respect to the selllement embodied in this Order. The
parties acknowledge that there are no representations, agreements or understandings relating to the
settlement other than those expressly contained in this Order. The following appendices are ,
attached to and incorporated into this Order: A, B, C, and D,
XXXI. EFJ<'ECTIVE DATE
86. This Order shall be effective on the date the Order is signed by the Regional
Administrator or his/her delegatee,
The undersigned representative(s) of Respondents certify(ies) that it (they) is (arc) fully authorized
to enter into the terms and conditions of this Order and to bind the pany(ies) it (they) represent(s)
to this document.
Agreed this_ day of ___ , 2004.
For Respondent ______ _
By _______ _
Title _______ _
• •
36
It is so ORDERED and Agreed this ___ day of···--' 2004.
BY:________ DATE: ________ _
Name
Regional Administrator ( or designee)
Region (Number)
U.S. Environmental Protection Agency
EFFECTIVE DATE: __ _
• •
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
4WD-SRSEB
ENFORCEMENT ACTION MEMORANDUM
Subject: Request for a Removal Action at the \Vard Transformer Site in Raleigh,
North Carolina
From:
To:
Luis E. Flores
Remedial Project Manager
Winston A Smith, Director
Waste Management Di vision
Site ID#: A4S4
I. PURPOSE:
The purpose of this Action Memorandum is to request and document approval of the
proposed removal ac·tion described herein for the Ward Transfonner Site (the Site) in
Rareigh, North Carolina. The Site was listed on the National Priorities List (NPL) on
April 30, 2003. Sample collections activities for the EPA lead Remedial Investigation
(RI) began in April 2003 and results from the investigation are documented in the RI
report dated September 2004. The investigation confinned the presence of hazardous
substances in surface soils, sediments and fish. This Site was referred to EPA's
Emergency Response and Removal Branch (ERRB) by EPA's Superfund Remedial and
Site Evaluation Branch in July 2004 for a removal assessment.
II. SITE CONDITIONS AND BACKGROUND:
CERCLIS ID Number: NCD 003 202 603
Removal Category: Time-Critical Removal Action
A. Site Description:
1. Removal Evaluation:
The Site consists of an active facility owned by Ward Transformer Company, Inc,,
and operated by Ward Transformer Sales and Services, Inc. It was built on.
Recyclod/Re::ycb1ble • Prin!l:d with Vegelabh:: 01\ Based tr.l\S on RacycJea Paper \Mtoimum 30",<I PO:iilConsurner)
• • •
approximately 11 acres of previously undeveloped land in 1964 and has housed
transformer reconditioning and sales operations since that time. Sample
collection activities for the EPA fund lead Remedial Investigation began in April
2003. The scope of the investigation included the Ward Transformer facility
property itself, surrounding properties, and the water bodies downgradient.
Surface water samples, sediment samples, fish samples, groundwater samples, and
soil samples were collected as part of this investigation.
PCB contamination was found in surface and subsurface soil in areas around the
Ward Transformer facility inside and outside the fenced area. PCBs were detected
in sediment from samples collected from the Unnamed Tributary to Little Brier
Creek, Little Brier Creek, Brier Creek Reservoir, Brier Creek and Crabtree Lake.
Fish contamination was found in all these areas and fish advisories against eating
the fish from these areas were issued.
The removal assessment identified 4 main areas requiring immediate attention:
Unacceptable risk to current employees due to high levels of contaminants at
the facility:
The Baseline Risk Assessment conducted at the facility concludes that there is an
unacceptable risk to employees due to potential soil exposure to high levels of
PCB contamination at the facility.
Uncontrolled surface water run-off from highly contaminated areas
discharging into the Unnamed Tributary to Little Brier Creek:
Inspection of the area during the removal assessment indicates that surface water
run-off from the western portion of the facility where transformers, construction
debris, and scrap metal are stored (Transformer Storage Area) is not completely
controlled allowing discharges into areas outside the facility leading to the
Unnamed Tributary to Little Brier Creek. Soil with polychorinated Biphenyls
(PCBs) concentration~ up to 1,700 parts per million (ppm) were found in the
Transformer Storage Area.
Uncontrolled surface water run-off from highly contaminated areas
discharging in front of the main building:
Soil samples collected near the front of the facility's main building contain PCBs
as high as I 60 ppm. Access to these areas is not restricted. Surface water run-off
from these areas discharges into a drainage ditch along Mount Herman Road.
,, • • •
Storm \Valer Lagoon
Sediments from the lagoon contain levels of PCBs as high as 2,900 ppm. The
integrity of the lagoon and its remaining useful life are not known. As a result,
the lagnon may pose a threat of release.
2. Physical Location:
· The Ward Transformer Site is located at Mount Herman Road, north of Aviation
Parkway, in a predominantly industrial area of Raleigh, Wake County, North
Carolina. The Site is located 600 feet south of the Northern Wake Expressway
(outer loop), l000 feet southwest of US highway 70, and is adjacent to property
owned by the Raleigh-Durham International Airport. Estes Transport Co., a
tmcking company, leases the property to the south. Across Mount Herman Road
from the facility is Triangle Coatings where plastic and metal parts are painted.
An Unnamed Tributary to Little Brier Creek originates at the facility and descends
through moderate to steep topography into Little Brier Creek approximately I
mile from the facility. Little Brier Creek continues and discharges into Brier
Creek Reservoir located about 2.5 miles from the facility. Brier Creek Reservoir
flows into Brier Creek and discharges into Lake Crabtree, a r.ecreational lake
located approximately 3 miles from the facility.
Wetlands and the potential presence of threatened and/or endangered species
within the impacted watershed have been identified.
3. Site Characteristics:
The Ward Transformer Site consists of an active facility owned by Ward
Transformer Company, Inc., and operated by Ward Transformer Sales and
Service, Inc. (collectively "Ward"). Ward manufactures, repairs, reconditions,
rebuilds, purchases, and sells transformers, switchgear, and other similar types of
electrical equipment. The facility property contains an electrical equipment
reconditioning building, offices, an area where transformers, construction debris,
and scrap metal are stored {Transformer Storage Yard), storage tanks, a storm
water lagoon, and a wastewater treatment plant. The northern portion of the
property, now vacant, was leased until 2002 to Horizon Forest Products, a lumber
supply business. The reconditioning building, offices, Transformer Storage Yard,
and the adjacent Horizon Forest Products facility are surrounded by an eight-foot-
high chain link fence. The lagoon, located on the southwest comer of the facility
property, is fenced on three sides by an eight-foot-high chain link fence. The
downgradient ( or dam) side of the lagoon is fenced by a low wire fence that is
easy to step over, so that access to the lagoon is not completely restricted.
3
• •
4. Release or Threatened Release into the Environment of a Hazardous
substance, or pollutant or Contaminant:
This Site constitutes a release of hazardous substances as defined by s~ction
101(14) of CERCLA, 42 U.S.C. §9601(14). Analytical results from the Remedial
Investigation conducted by EPA documents:
• PCB contamination with soil concentrations above removal action levels
in areas in front of the Ward Transformer main office building including
a drainage ditch along Mount Herman Road.
• PCB contamination with soil concentrations above removal action levels
in the Transformer Storage Yard.
• . PCB contamination with soil concentrations above removal action levels
in areas outside the facility property leading to the Unnamed Tributary to
Little Brier Creek.
• PCB contamination with soil and sediment concentrations above removal
action levels in the Storm Water Lagoon.
• PCBs were detected in sediments from lower reaches of Little Brier
Creek, Brier Creek Reservoir, Brier Creek, and Lake Crabtree.
• Elevated levels of PCBs were detected in fish from lower reaches of
Little Brier Creek, Brier Creek Reservoir, Brier Creek and Lake Crabtree.
• Current and potential routes for releases of hazardous substances exist at
the Site. These routes are:
• Current -.Surface water runoff from areas containing high levels of
PCB contaminated soil is currently migrating into the Unnamed
Tributary to Little Brier Creek behind the facility and into the
drainage ditch along Mount Herman Road.
• Potential -There is a potential risk of contaminated surface water,
soil, and sediments from the Storm Water Lagoon being released
into the surrounding environment if the construction integrity of
the lagoon is not confirmed.
• A current unacceptable risk to employees at the facility exists due to
potential exposure to highly contaminated soil at the facility.
4
• •
5. NPL Status:
The Ward Transformer Site was proposed to be included in the IS'ational Priorities
List (IS'PL) on September 5, 2002 and was made final 011 April 30, 2003.
As required for all IS'PL sites, the Agency for Toxic Substances and Disease
Registry (ATSDR) is conducting its Public Health Assessment for this Site.
B. Other Actions to Date:
1. Previous Actions:
• A Remedial Investigation/Feasibility Study (Rl/FS) information meeting
was conducted by EPA and ATSDR on March 13, 2003. The meeting
was held at the Morrisville Commerce Building in Morrisville, IS'orth
Carolina.
• Sample collection activities for the EPA lead Remedial Investigation
began in April 2003.
• The first phase of the Remedial Investigation repon was completed in
September 2004.
2. Current Actions:
• A second phase of the Remedial Investigation is currently being
conducted. As part of this second phase, additional fish and sediment
samples will be collected from areas downgradient of Lake Crabtree to
determine the extent of sediment and fish contamination. Also,
additional groundwater monitoring wells will be installed in areas close to
the Ward Transformer property to assess groundwater in the area.
• During the months of July and August 2004, a group was formed to assist
in assessing the extent of fish and sediment contamination dowgradient of
Lake Crabtree. The group includes representatives from: EPA and Nonh
Carolina Superfund, Weston Solutions (EPA's contractor), North
Carolina Occupational and Environmental and Epidemiology Branch, US
Fish and Wild Life Service, North Carolina Wild Life Resource
Commission and North Carolina State University. The group also
includes: Wake County Parks Director, Lake Crabtree Manager, and
William Umstead State Park Manager.
• • •
C. State and Local Authorities' Role:
1. · State and Local Actions to dale:
• NCDENR conducted the initial site investigations including a Preliminary
Assessment (PA), Site inspection (SI) and Expanded Site Inspection
(ESI) to collect enough information to prepare the Hazard Ranking
System (HRS) package for the Site. Due to the high HRS score, the Site
was referred to EPA's Superfund Remedial and Site Evaluation Branch
for a Remedial Investigation.
• On December 8, 2003, the State of North Carolina Department of Health
and Human Services issued a fish consumption advisory for the lower
reaches of Little Brier Creek and the Brier Creek Reservoir due to high
levels of PCBs detected in fish samples collected during the Remedial
Investigation.
• On May 7, 2004, the State of North Carolina Department of Health and
Human Services issued a second fish consumption advisory for Brier
Creek and Lake Crabtree due to high levels of PCBs detected in fish
samples collected during the Remedial Investigation.
• EPA and NCDENR continue to work together at this Site.
III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT,
AND STATUTORY AND REGULATORY AUTHORITIES
A. Threats to Public Health or Welfare:
Elevated levels of PCBs present in on-site soils pose the following threats to
public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP).
• Section 300.415 (b)(2)(i) Actual or potential exposure to nearby human
populations, animals, or the food chain from hazardous substances or
pollutants or contaminants. Surface soils are contaminated with elevated levels
of PCBs (up to 1,700 ppm). ATSDR's initial release of its Public Health
Assessment for the Site concludes that exposure of Site workers to high PCB
concentrations in soil could contribute to an increase theoretical risk of
developing cancer.
Elevated PCB levels in soil from the Ward Transformer facility continues to be a
source of PCB contamination to sediments and fish from the Unnamed Tributary
• •
to Little Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek
Reservoir, Brier Creek, and Lake Crabtree. ATSDR's initial release of its Public
Health Assessment for the Site concludes that edible portions of fish from these
waters have PCBs at levels high enough to increase the theoretical risk of adverse
cancer and non--cancer heaith effects for people who eat these fish regularly. The
State of North Carolina Department of Health and Human Services issued fish
consumption advisories for these waters and EPA has posted signs with the
advisory. In addition to posting the fish advisories, the sources of PCB
contamination to the watershed located at the Ward Transformer facility need to
be controlled.
• Section 300.415 (b)(2)(iii) Hazardous substances or pol/11ta11ts or
contaminants in drums, barrels, tanks, or otlier bulk storage container, that
may pose a threat of release. The storm water lagoon on site was built in 1972
and is located on the southern portion of the property. The dam side of the lagoon .
is directly upgradient of the Unnamed Tributary to Little Brier Creek. The lagoon
volume is estimated to be 14.3 acre-feet or 32,073 cubic yards and its depth is
estimated to be around 8 feet. Sediments in the lagoon contain PCBs with
concentrations as high as 2,900 ppm. The integrity and remaining useful life of
the lagoon is not known.
-Section 300.415 (b)(2)(iv) High levels of hazardous substances or pol/11ta11ts or
contaminants i11 soils largely at or near the surface that may migrate. Elevated
levels of PCBs were detected in surface soil in areas not controlled by the existing
storm water run-off system.
Results from the Remedial Investigation show on going contaminant migration
into the Unnamed Tributary to Little Brier Creek from highly contaminated areas
behind the facility with con·centrations as high as l,700 ppm PCB.
The investigation also shows PCB contamination migrating from the front of the
main building of the facility into the drainage ditch along Mount Herman Road.
PCB concentrations in these areas are as high as 160 ppm ..
Section 300.145 (b)(2)(v) Weather conditions that may cause hazardous
substances or pollutants or contaminants to migrate or be released. The
existing storm water run-off control system at the facility is not collecting all
storm water run-off. Evidence shows that the storm water breaches the
Transformer Storage Y aid curbing during heavy rain events. As a result, surface
water run-off from these highly contaminated areas is an on-going source of
contamination to the drainage ditch along Mount Herman Road and the
Unnamed Tributary to Little Brier Creek outside of the facility.
I
• •
PCBs found in sediment and fish along the Unnamed Tributary to Liu le Brier
Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir, Brier
Creek, and Lake Crabtree indicate that significant PCB contamination is migrating
from :he facility.
B. Threats to the Environment:
Elevated levels of PCBs present in on-site soils pose the following threats to
public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP):
-Section 300.415 (b)(2)(i) Actual or potential exposure to nearby human
pop1tlatio11s, a11imals, or the food chain from hazardous substances or
pollutants·or co11tami11ants. Elevated PCB levels in soil from the Ward
Transformer facility continue to be a source of PCB contamination to sediments
and fish from the Unnamed Tributary to Little Brier Creek, the lower reaches of
Little Brier Creek, the Brier Creek Reservoir, Brier Creek, and Lake Crabtree.
Results from the Remedial Investigation and the Screening Level Ecological Risk
Assessment (SLERA) indicate that PCB levels in water/sediments in the above-
mentioned water bodies are already at concentrations high enough such that they
may pose a risk to piscivorous mammals and/or birds.
Sectio11 300.415 (b)(2){iii) Hazardous substances or pollutants or contaminants
in drums, barrels, tanks, or other bulk storage container, that may pose a threat
of release. The storm water lagoon was built in 1972 and is located on the
southern portion of the property. The dam side of the lagoon is directly
upgradient of the Unnamed Tributary to Little Brier Creek. The lagoon volume is
estimated to be 14.3 acre-feet or 32,073 cubic yards and its depth is estimated to
be around 8 feet. Sediments in the lagoon contain PCBs with concentrations as
high as 2,900 ppm. The integrity and remaining useful life of the lagoon is not
known: Results from the Remedial Investigation and the Screening Level
Ecological Risk Assessment (SLERA) indicate that PCB levels in
water/sediments from the water bodies down gradient of the lagoon are already at
concentrations high enough such that they may pose a risk to piscivorous
mammals and/or birds.
• Section 300.415 (b)(2)(iv) lligh levels of hazardous substances or polluta11ts or
contaminants i11 soils largely at or near the surface that may migrate. Elevated
PCB levels in soil from the Ward Transformer facility continue to be a source of
PCB contamination to sediments and fish from the Unnamed Tributary to Little
Brier Creek, the lower reaches of Little Brier Creek, the Brier Creek Reservoir,
Brier Creek, and Lake Crabtree. Results from the Remedial Investigation and the
0
V
• •
Screening Level Ecological Risk Assessment (SLERA) indicate that PCB levels
in water/sediments from the above-mentioned water bodies are already at
concentrations high enough such that they may pose a risk to piscivorous
mammals and/or birds.
-Section 300.145 (b)(:Z)(v) Weather conditions that may cause hazardous
mbstances or pollutants or contaminants to migrate or be released. Any heavy
rain accelerates migration of PCBs from the Ward Transformer facility into the
Unnamed Tributary to Little Brier Creek, the lower reaches of Little Brier Creek,
the Brier Creek Reservoir, Brier Creek, and Lake Crabtree. Results from the
Remedial Investigation and the Screening Level Ecological Risk Assessment
(SLERA) indicate that PCB levels in water/sediments from the above-mentioned
water bodies are already at concentrations high enough such that they may pose a
risk to piscivorous mammals and/or birds.
IV. ENDANGERMENT DETERMINATION:
Actual or threatened releases of hazardous substances from this site, if not addressed by
implementing the response action selected in this Action Memorandum, may present an
imminent and substantial endangerment to public health, welfare, or the environment.
V. Pl!_OPOSED ACTION:
A. Proposed Actions:
1. Proposed Action Description:
The required Removal Action is divided in two parts:
a) Recontamination Prevention Actions
(i) Construction of a storm water management/spill control system that
effectively addresses all surface water run off or spills from all areas of the
facility in accordance with all applicable Federal, State, or local laws,
regulations, ordinances, or permits and prevents the release of any
hazardous substances outside of the facility;
(ii) Inspection of the existing storm water lagoon by an expert to certify its
construction, actual condition, and remaining useful life;
(iii) Implement any recommendations made by the expert to improve
storm water lagoon.
n ,
• •
b) Contamination Removal
(i) Further delineate and remove soil with concentrations exceeding 1
ppm PCB, from all areas NOT effectively controlled by the storm water
management/spill control sys,em;
(ii) Further delineate and remove soil with concentrations exceeding 25
_ppm PCB, from all areas effectively controlled by the storm water
management/spill control system;
(iii) Arrange for the ultimate disposal and/or treatment of all excavated
soil and debris in a manner satisfactory to EPA;
(iv) To the maximum extent practicable, return areas which are disturbed
by the removal action to their pre-removal state.
2. Contribution to Remedial Performance
The proposed removal action is necessary to address the threats discussed in
Section III which meet the NCP Section 300.415 (b) (2) removal criteria. Jf all
actions are implemented as described in this document, future remedial action
for soils at the facility is unlikely. The Remedial Investigation for groundwater
is on-going, as well as, the investigation of all water bodies affected by the
migration of contaminants from the facility.
The removal action contemplated in this Action Memorandum would be
consistent with any remedial action.
3. Description of Alternative Technologies
No formal evaluation of alternative technologies has been made. Such an
evaluation will take place before the disposal phase of the respons'e action and
will be documented at that time.
4. Applicable or Relevant and Appropriate Requirements (ARARs)
A letter was sent to the state of North Carolina requesting ARA Rs for the Site,
but no response has been received as of this date. Therefore, ARARs for this
Site have not been conclusively determined. Efforts will be made to comply
with the state ARA Rs to the extent practicable. EPA will ensure compliance
with the NCP, Section 300.440 requirements (CERCLA Off site Rule) for any
off-site disposal of wastes generated from this site.
• •
5. Projected Schedule
The response actions described above will be initiated upon approval of this
Action Memorandum. Foregoing any unexpected delays, on-site activities are
expected to last no more than I 2 months.
VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED
OR NOT TAKEN:
Contamination will continue to pose a threat to the public and the environment through
direct contact, incidental ingestion and migration to the surface water.
VII. OUTSTANDING POLICY ISSUES:
No outstanding policy issues have been identified at this time.
VIII. ENFORCEMENT:
Enforcement activities have been initiated and are ongoing. See Attachment,
"Enforcement Sensitive," for more detailed information.
IX. RECOMMENDATION:
This decision document represents the selected removal action for the Ward Transformer
Site, in Raleigh, North Carolina, developed in accordance with CERCLA as amended,
and not inconsistent with the National Contingency Plan (NCP). This decision is based
on the administrative record for the Site. Conditions at the Site meet the NCP Section
300.415(b)(2) criteria for a removal and I recommend your approval of the proposed
action. b
(Approval)#~ 4-,~Date:J"~ /7!:;. 11<1,Y
(Disapproval) _____________ D,ate:
Winston A. Smith, Director
Waste Management Divis.ion
Attachment
!l
• •
APPENDIX B
OWNER/OPERATOR RESPONDENTS
I. Ward Transformer Company, Inc.
2. Ward Transformer Sales and Service, Inc.
3. Ward Ventures, L.L.C.
4. Reward Properties, L. L.C.
• •
APPENDIXC
GENERATOR RESPONDENTS
I. Alfred Allsbrook
2. Associated Electric
3. Bassett Furniture
4. Beta Marine
5. Bishop Coal Company, n/k/a CONSOL Energy, Inc.
6. C.P. & L., a/k/a Carolina Power & Light,
7. Campbell Electrical, a/k/a Brian Campbell Electric
8. City of Bedford
9. City of Jacksonville
IO. Consolidated Coal, n/k/a CONSOL Energy, Inc.
11. Cotter Electric, a/k/a The Cotter Electric Equipment Co., a/k/a River Electric Company
(Royal Oak & Howell, Ml)
12. Custom Electrical Products
13. Decco, a/k/a Donovan Engineering & Construction Co., Inc.
14. Edward Duff
15. Eddy Electric Motors, a/k/a Eddy Electric Motor Company, Inc.
16. Electric Motor Service
17. Empire Electric, a/k/a Empire Electric Company, Inc.
I 8. Fire land Electric Coop, a/k/a Fire lands Electric Cooperative Inc
19. Hershey Foods, a/k/a Hershey Foods Corporation
20. International Power Machine Company, a/k/a International Power Machinery Company
21. ltmann Coal Company, n/k/a CONSOL Energy, Inc.
22. Jct Electric Motors
23. Kuhlman Electric, a/k/a Kuhlman Electric Corporation
24. Niagara Transformer, a/k/a Niagara Transformer
25. Parkersburg Industrial Park d/b/a Camden Group, Ltd.
26. Paul Oberman & Company
27. Pocahontas Fuel, a/k/a Pocahontas Fuel Company, Division of Consol, lnc.
28. Porter Electric, a/k/a Lakeland Engineering Equipment Company (Hopkins &
Minneapolis, MN)
29. R. B. Electric, a/k/a R & B Electric Ltd
30. Sho Me Power Corporation
31. Standard Sand & Silica Company
32. Sumter Electric, a/k/a Sumter Electric Cooperative, Inc.
33. Tennessee Eastman, a/k/a Eastman Chemcial Company
34. Thunder Bay Manufacturing, a/k/a Thunder Bay Manufacturing Corporation
35. Town of Salamanca
36. Transpower Company, a/k/a Transpower, Inc.
37. TY A, a/k/a Tennessee Valley Authority (Muscle Shoals, AL)
38. Yepco, a/k/a Virginia Electric and Power Company
39. WYE Electric
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Visara
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mncno
TIIEM,\T('()
rnml!P INC.)
--------
(!/llll,\N (;K( )V.'TII PKClr,OllIT I LM'llJ l',\RTNICll.~lll•f
--
LEGEND
A/ Surface Hydrography
.:{V Fence
/V low Fence
N Trail
M Road
N Curbing
,', Parcel Boundary
D Transformer Area
EJ Grass
~ Parking, Unpaved
0 Parking, Paved
0 Vegetation/Gravel
Structure
·::-I Wooded Area
,u,,.,, r,,,.,__.,rn;,; Property Owner l.Ln
BASE MAP SOURCE: Wake County GIS, 1999.
120 60 0 ~-120 Feet
I
Ward Transformer Remedial Investigation
Raleigh, Wake County, North Carolina
Figure 1-2
Ward Transformer
Site Map
1-4
•
Attachment D
Cost Summary
•
Report Date: 0910912004 • IFMS Reconciliation Pending
Table of Contents
•
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10101/1980 to 09/09/2004
Page 1 of 2
NARRATIVE COST SUMMARY ................................................. : ....................... , ................ Section 1
ITEMIZED COST SUMMARY ....................................................... : ...... , .............................. Section 2
REGIONAL PAYROLL COSTS ...................................................... , ............... : ................... Section 3
HEADQUARTERS PAYROLL COSTS .................................................................. , ............ Section 4
REGIONAL TRAVEL COSTS .................................................................................... ~ ........ Section 5
ENVIRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT)
FIRST CITIZENS BANK & TRUST COMPANY/ILS (68-W0-1009) : ..................... ,. Section 6
, LOCKHEED MARTIN SERVICES INC
LOCKHEED MARTIN SERVICES INC. (68-00-0267) ......................................... , ... Section 7
OTHER EXPENDITURES
TEXAS A&M RESEARCH FOUNDATION (3R0191NTEX) ................................ , .. ,. Section 8
PHILIP ANALYTICAL SERVICES, INC. (68-W0-2014) ........................ : .................. Section 9
BONNER ANALYTICAL TESTING CO. (68-W0-2067) .................... , ..................... Section 10
ENVIROSYSTEMS INC. (68-W0-3019) ........................................... .' .................. , .... Section 11
SOUTHWEST LABAORATORY OF OKLAHOMA INC. (68-W0-3024) .................... Section 12
BANK OF AMERICA (A3BK0000118) .. , ............................................................. Section 13
BANK OF AMERICA (A3BK0000153) ..... ............ ..................... ....... ........ ..... . ... Section 14 .
BANK OF AMERICA (A3BK0000173) .......... , .................................. : ..................... ,,. Section 15
BANK OF AMERICA (A4BK0000053) .. .... ... .... ....... ... .... .... . ... ....... ... .. ... : ... Section 16
BANK OF AMERICA (A4BK0000068) . .. ........................................................... Section 17
BANK OF AMERICA {A4BK0000085) ....... . .. ............................................... Section 18
BANK OF AMERICA (A4BK0000126) .................................................................... Section 19
BANK OF AMERICA (A4BK0000147) ..................................................................... Section 20
BANK OF AMERICA (A4BK0000151) .................................. , .... · ........................... Section 21
GOVERNMENT PRINTING OFFICE (FRL69337) ............................................. Section 22
RESPONSE ACTION CONTRACT .
ROY F. WESTON (66-W7-0026) ........................................................................... , Section 23 ,
SUPERFUND COOPt:kATiVE AGREEiviEi-iT iSCAi
Report Date: 09/09/2004 · • IFMS Reconcmation Pending
. Table of Contents
•
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
Page 2 of 2
NORTH CAROLINA DEPT EHNR (0V98401896) ............................. : ............. Section 24
CONTRACT LAB PROGRAM (CLP) COSTS
FINANCIAL COST SUMMARY REPORT FOR CLP ............................................. Section 25
EPA INDIRECT COSTS SUMMARY .................................... , .............................................. Section 26
EPA INDIRECT COSTS ......................................................................................... : ............ Section 27
Report Date: 09/09/2004 • • Section 1 -Page 1 of 3
IFMS Reconciliation Pending
Narrative Ccist Summary
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
1. The United States Em1ironmental Protection Agency has incurred at least $165,420.82 for Regio;;ai
Payroll Costs.
2. The United States Environmental Protection Agency has incurred at least $124.70 for
Headquarters Payroll Costs. · ·
3. The United States Environmental Protection Agency has incurred at least $12,416.93 for Regional
Travel Costs.
4. The United States Enviro.nmental Protection Agency has incurred costs of at least $90,859.39 for
ENVIRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT) contract expenditures. The total
represents the amount spent under the FIRST CITIZENS BANK & TRUST COMPANY/ILS
contract.
5. The United States Environmental Protection Agency has incurred costs of at least $20,314.17 for
LOCKHEED MARTIN SERVICES INC contract expenditures. The total represents the amount
spent under the LOCKHEED MARTIN SERVICES INC. contract.
6. The United States Environmental Protection Agency has incurred costs of at least $6,022.25 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
TEXAS A&M RESEARCH FOUNDATION contract.
7. The United States Environmental Protection Agency has incurred costs of at least $83,810.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
PHILIP ANALYTICAL SERVICES, INC. contract.
8. The United States Environmental Protection Agency has incurred costs of at least $2,114.54 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BONNER ANALYTICAL TESTING CO. contract.
9. The United States Environmental Protection Agency has incurred costs of at least $23,258.07 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
ENVIROSYSTEMS INC. contract.
10. The United Statei? Environmental Protection Agency has incurred costs of at least $19,401.92 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
SOUTHWEST LABAORATORY OF OKLAHOMA INC. contract.
11. The United States Environmental Protection Agency has incurred costs of at least $1,027.22 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BANK OF AMERICA contract. . .
12. The United States Environmental Protection Agency has incurred costs of at least $1,095.00 for
()T~J='P J='Y:DJ='"-lnlTI IP J='~ f"nntr~rt ovni:::inriit, ,rec:: Thi:,, tnt:ll rcnrocontc::: th0 ~mn, ,nt c:::nont 1 ,nn,:::i,r tho -.. ·-·. -· .. -· ·-·, -· ·----····--· -··r:-··-··-·--· , -·-·-· ·-r-·---···-···----··· -r-··· -··--·. -BANK OF AMERICA contract. ' .
Report Date: 09/09/2004 • · IFMS Reconciliation Pending •• Section 1 -Page 2 of 3
· Narrative Cost Summary
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
13. 7he United States Environmental Protection Agency has iricurred costs of at least $68.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BANK OF AMERICA contract. .
14. The United States Environmental Protection Agency has incurred costs of at least $34.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BAN_K OF AMERICA contract.
15. · The United States Environmental Protection Agency has incurred costs of at least $34.00 for
OTHER EXPENDITURES contract-expenditures. The total represents the amount spent under the
BANK OF AMERICA contract.
16. The United States Environmental Protection Agency has incurred costs of at least $1,465.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BANK OF AMERICA contract.
17. The United States Environmental Protection Agency· has incurred costs of at least $500.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BANK OF AMERICA contract.
18. The United States Environmental Protection Agency has incurred costs of at least $1,046.85 for .
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BANK OF AMERICA contract.
19. The United States Environmental Protection Agency has incurred costs of at least $1,124.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
BANK OF AMERICA contract.
20. The United States Environmental Protection Agency has incurred costs of at least $148.00 for
OTHER EXPENDITURES contract expenditures. The total represents the amount spent under the
GOVERNMENT PRINTING OFFICE contract.
21. The United States Environmental Protection Agency has incurred costs·of at least $505,837.04 for
RESPONSE ACTION CONTRACT contract expenditures. The total represents the amount spent
under the ROY F. WESTON contract.
22. The United States Environmental Protection Agency has _incurred costs of at least $15,751.34 for
SUPERFUND COOPERATIVE AGREEMENT (SCA) contract expenditures. The total represents
the amount spent under _the NORTH CAROLI NA DEPT EHNR contract.
23. The United States Environmental Protection Agency has incurred costs of at least $121,592.02 for
Contract Lab Progam (CLP) contract expenditures.
Report Date: 09/09/2004 • • Section 1 -Page 3 of 3
IFMS Reconciliation Pending·
Narrative Cost Summary
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
24. The United States Environmentai Protection Agency ha~ ;n.::urred at ieast $499,618.80 for Indirect
Costs.
Total Site Costs: $1,573,084.06
. Report Date: 0910912004 • Section 2 - Page 1 of 2
I_FMS Reconciliation Pending
Itemized Cost Summary
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
REGIONAL PAYROLL COSTS ....... ,............................................................................... . $165,420.82
HEADQUARTERS PAYROLL COSTS ................................................................ ;........... $124.70
REGIONAL TRAVEL COSTS ................................................................. , .. ~..................... $12,416,93
ENVIRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT)
FIRST CITIZENS BANK & TRUST COMPANY/ILS (68-WD-1009) .................... ..
LOCKHEED MARTIN SERVICES INC
LOCKHEED MARTIN SERVICE_S INC. (68-00-0267) ..................................... ..
OTHER EXPENDITURES
TEXAS A&M RESEARCH FOUNDATION (3R0191 NTEX) .......................... ..
---1P-f:l ILi P--ANAL.Y-T.ICAL-SERVICES,INC~(68-W0-20~4) ...................................... .
BONNER ANALYTICAL TESTING CO. (68-W0-2067) .......................... , ........ ,
ENVIROSYSTEMS INC. (68-W0-3019) ............................................................ ..
SOUTHWEST LABAORATORY OF OKLAHOMA INC. (68-W0-3024) ............ ..
BANK OF AMERICA (A3BK0000118) ........................................................ ..
. BANK OF AMERICA (A3BK0000153) .............................................................. .
BANK OF AMERICA. (A3BK0000173) ............................................................. ..
BANK OF AMERICA (A4BK0000053) ... .. ............................................. ..
BANK OF AMERICA (A4BK0000068) ............................ : .............................. .
BANK OF AMERICA (A4BK0000085) ............... : ............................................... ..
BANK OF AMERICA (A4BK0000126) .............................................................. ..
BANK OF AMERICA (A4BK0000147) ......................... : ......... : ........................... .
BANK OF AMERICA (A4BK0000151) ............................................ , ........... .
GOVERNMENT PRINTING OFFICE (FRL69337) ............. , .............................. ..
RESPONSE ACTION CONTRACT
ROY F. WESTON (68-W7-0026) .................................................................. .
$90,859.39
· $20,314.17
$6,022.25
$83,8-HJ,Q11 .. , ---
$2, 114.54
$23,258.07
$19,401.92
$1,027.22
$1,095.00
$68.00
$34.00
$34.00
$1,465.00
$500.00
$1,046.85
$1,124.00
$148.00
$505,837.04
Report Date: 0910912004 • • Section 2 • Page 2 of 2
IFMS Reconciliation Pending
Itemized cost summary
WARD TRANSFORMER NC, RALEIGH, NC SITE 1D = A4 S4
Costs from 10/01/1980 to 09/09/2004
SUPERFUND COOPERATIVE AGREEMENT (SCA)
NORTH CAROLINA DEPT EHNR (0V98401896) ............................................. . $15,751.34
CONTRACT LAB PROGRAM (CLP) COSTS
FINANCIAL COST SUMMARY.... ....... ......... .. ... .. .................. ..... .......... ...... $121,592.02
EPA INDIRECT COSTS: .... ,.. .•. ,....................................................................................... $499,618.80 . .
Total Site Costs: $1,573,084.06
· Report Date: 09/09/2004 • • Section 3 -Page 1 of 13
IFMS Reconciliation Pending
· ·· RegiorialPayroll ·costs ·
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Fiscal Pay Payroll Payr_on
Employee Name Year Period Hours Costs
APPLEBY, CHARLES 2003 23, 3.00 125.10
24 3.00 · 125.10
25 13.00 542.04
26 13.00 542.04
2004 03 7.00 291.86
04 25.00 1,042.38
10 12.00 547.72
11 6.00 273.84
82.00 $3,490.08
BARRETT, DIANE FAYE 2003 07 0.50 18.67
BROWN, DIANE F. mi 27.50 1,066.-72
COMMUNITY RELATIONS SPECIALIST 10 11.00 426.69
11 48.00 1,861.92
12 . 11.50 446.08
13 22.00 861.74.
14 2.00 78.33
17 2.00 78.33
2004 02 0.50 19.59
04 1.25 48.94
15 2.00 81.91
128.25 $4,988.92
BATCHELOR, PAULA V. 2001 . 08 0.50 9.55
.. ENVIRONMENTAL PROTECTION SPEC 09 0.50 9.90
2002 18 0.50 11.50
21 0.50 11.49
2003 03 0.50 14.62
08 0.50 16.10
25 0.25 7.20
3.25 $80.36
BORNHOLM, JON K. 2000 11 10.00 472.75
ENVIRONMENTAL ENGINEER 12 9.00 425.48
19.00 '$898.23
BRIGHT, BILLY D. 2000 24 2.00 68.25
i::i~v iR(,Niv·1 i::NT AL S(;i E: N'i1s·1 25 2.50 87.79
Report Date: 09109/2004 . • • Section 3 • Page 2 al 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
Fiscal Pay Pa,·,oll Payroll
Employee Name Year Period Hours Costs
BRIGHT, BILLY D. 2000 26 100 35.12
2001 02 1.00 35.05
04 5.00 175.26
05 1.00 35.05 ' 08 1.00 35.05
10 1.00 36.44
12 0.75 27.33
21 0.50 18.22
15.75 $553.56
BURGESS, MICHELE F. 2003 15 11.00 435.79
LIFE SCIENTIST 23 1.00 45.41
12.00 $481.20
.CAMPBELL, RICHARD R. · 2004 16 4.00 217.20
ENVIRONMENTAL ENGINEER 20 3.50 190.05
22 1.00 54.30
23 1.00 54.30
9.50 $515.85
CARSON, WANDA L 2003 07 32.00 825.92
PROJECT TRACKING ASSISTANT OB 24.00 619.45
09 64.00 1,708.86
10 57.00 1,521.93
11 13.00 392.00
12 28.00 813.48
13 1.00 26.71
14 27.00 727.94
15 .48.00 1,294.12
16 60.00 1,617.67
354.00 $9,548.08
CLAY, DAVID K. 2004 13 0.25 16.09
ATTORNEY-ADVISOR (GENERAL) 14 0.25 16.09
,~ G.25 16.43 "' 24 .0.25 16.43
1.00 $65.04
Report Date: 09/0912004 • • Section 3 -Page 3 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC_ SITE ID = A4 S4
Costs from 10/0111980 to 09/09/2004
Fiscal · Pay Payroll Payroll
Em12l0}:'.ee Name Year Period Hours Costs
COLQUITT, DEBORAH A 2003 15 2.00 56,34
PHYSICAL SCIENCE TECHNICIAN 16 8.00 225.37
17 3.00 84.51
18 11.00 309,87
19 5.00 140,85
23 3.00 84.51
24 2.00 56.34
.25 2.00 56.34
2004 05 1.00 28.16
37,00 $1,042.29
DAVIS, ANITA L. 2003 11 .1.00 51.19
ENVIRONMENTAL SCIENTIST 13 1.00 51.19
2.00 $102.38
DUTTON, SAMUEL L 2003 20 6.00 242.63
CHEMIST 21 14.00 566.13 ·.
22 9.00 363.94
2004 10 36.00 1,493.72
11 69.00 2,862.96
12 13.00 539.40
147,00 $6,068.78
FLORES, LUIS E. · 2001' 06 4.00 160.41
CIVIL ENGINEERING 2002 05 3.00 128,59
14 2.00 89,86
15 2.00 89.85
16 2.00 89.86
17 1.00 44.92
19 2.00 92.42
20 2.00 92.42
21 5.00 231.05
22 3.00 138.64
23 3.00 138.63
24 6.00 , _277.26
25 19.00 877.98
26 8.00 369.68
Report Date: 09/09/2004 • . • Section 3 -Page 4 of 13
IFMS Reconciliation Pending
. Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Employee Name
FLORES, LUIS E.
Costs from 10/01/1980 to 09/09/2004
Fiscal
Year
2002
2003
2004
Pay
Period
27
01
02
03
04
05
06
08
09
10
11
12
13
14
15
16
17
18
21
24
25
26
02
03
04
05
06
07
08
09
10
11
12
i3
14
15
,u
Payroll
Hours
5.00
15.00
. 24.00
14.00
2.00
6.00
7.00
4.00
4.00
15.50
23.00
38.00
30.00
25.50
3.00
· 5.00
3.00
4.00
2.00
9.00
4.00
5.00
9.00
10.00
8.00
8.00
13.00
12.00
9.00
8.00
2.00
18.00
8.00
22.00
18.00
17.00
l;::1,UU
Payroll
Costs
231.03
693.14
1,109.03
646.94
92.42
277.26
323.46
184.84
191.02
740.18
1,098.33
1,814.64
1,432.61
. 1,229.69 .
. 144.67
241.12
144.67
192.89
99.11
446.03
198.22
247.78
446.03
495.58
396.46
396.45
644.38
594.67
446.03
405.74
101.45
912.94
405.75
:i, i i 5.ii2
912.94
880.50 --. --::10'+.U f
Report Date: 09/09/2004 • • Section 3 -Page 5 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Fiscal Pay Payroll . Payrc!!
Emgio·tee Name Year Period Hours Costs
FLORES, LUISE. 2004 17 28.00 1,450.23
18 7.00 362.56
19 24.00 1,243.06
20 24.00 1,243.06
21 20.00 1,035.87
22 13.00 673.32
23 25.00 1,294.84
24 41.00 2,123.54
673.00 $33,165.94
HANSEN, SUSAN E. 2000 .15 2.00 52.33
ATTORNEY 16 18.50 484.00
17 23.75 621.35
18 10.50 274.71
19 .7.25 189.68
20 16.00 418.59
21 5.50 145.00
25 2.75 88.36
26 8.75 281.11
27 20.25 650.57
2001 01 4.75 152.60
02 2.25 72.14
03 16.25 521.01
08 0.75 28.29
14 . 0.50 19.64
2002 15 1.25 60.41
20 10.00 483.51
21 7.00 338.24
22 5.25 253.68
25 11.00 531.53
26 1.25 . 60.41
2003 02 6.00 289.93
03 0.50 24.17
oe 2.00 nn en ,;.,,:.,,uv
12 12.00 619.36
18 4.00 208.43
10 A ,:;n '")')A AO ---,.-, ....
Report Date: 0910912004 • • Section 3 -Page 6 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/0111980 to 09/09/2004
Fiscal Pay Payroll Payroll
EmQloyee Name Year Period Hours Costs
HANSEN, SUSAN E. 2003 22 2.00 104.21
23 3.50 182.38
2004 11 1.00 55.08
12 2.00 110.18
213.00 $7,655.07
HARVEY, JACQUELINE 2002 15 33.00 870.06
WAL THALL, JACQUELINE 16 16.00 421.85
SECRETARY (TYPING) 17 4.00 105.46
21 2.00 52.74
2003 04 1.00 26.37
08 21.00 620.58
09 49.00 r,519.80
10 . 12.00 368.82
11 9.00 276.61
3-. ··---8:50 263.64 ·
14 800 248.14
16 19.00 589.30
18 1.00 31.01
19 12.00 · 372.19
20 1.00 31.01
25 14.00 434.23
26 14,00 434.23.
2004 03 4.00 124.06
04 9.50 294.66
09 1.00 32.46
11 1.00 33.10
13 2.00 66.21
14 5.00 165.53
15 36.00 1,191.80
17 5.50 182.08
18 25.50 844.19
19 9.00 297.95
")")") fl('\ <l'n ono no Wt-V,VV '+'.:;i,v.;,,u,uv
'
. HERNANDEZ, THOMAS 2001 10 0.50 14.23
Report Date: 09/0912004 • • Section 3 -Page 7 of .13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Employee Name
PARALEGAL SPECIALIST
HEY, ANDREW N.
PARALEGAL SPECIALIST
Costs from 10/01/1980 to 09/09/2004
Fiscal
Year
2003
2004
Po1y
Period
26
27
02
04
05
06
07
08
10
11
Payroll
. Hours
0.50
9.50
6.00
2.00
'
8.00
44.50
44.50
7.00
4.00
6.00
1.00
132.50
--Hl6KS~MAYFHEVV-----------~2003~-~221---0:-25
23
25
26
27
2004 01
02
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
0.75
0.75
11.25
3.75
6.50
0.75
12.50
6.00 ·
6.75
11.25
20.25
24.50
· 7.00
0.00
5.00
2.50
3.00
0.50
0.50
10.50
24.50
Payroll
Costs
$14.23
384.03
242.54
80.84
323.39
1,798 84
1,798.96
282.96
161.70
248.36
· 41.39
$5,363.01
10:-28-·
. 30.84
30.85
462.81
154.25
267.40
30.85 .•
514.22
246.83
277.68
462.80
885.85
1,071.78
306.22
0.00
218.73
109.38
134.03
22.35. ·
2302
483.30
1,127.71
Report Date: 09109/2004 • • Section 3 • Page 8 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER · NC, RALEIGH; NC SITE ID= A4 S4
Costs from 10/01/1980 to 0910912004
Fiscal · Pay Payroll Payroil
Emi:110,'.ee Name Year Period Hours Costs
· HICKS, MATTHEW 2004 20 18.75 925.15
21 9.25 456.42
22 4.75 234.39
23 20.75 ~,023.84
24 31.25 1,541.92
243.50 $11,052.90
HOWES, ROBERTA 2003 19 1.00 3920
STUDENT TRAINEE (CHEMISTRY)
1.00. .·$39.20
JACKSON, FELICIA.G. 2004 13 1.00 34.65
COST RECOVERY SPECIALIST 14 1.00 34.65
15 36.00 1,247.43
38.00 $1,316.73
... __ ·~·-·
KOPOREC, KEVIN P. 2003 12 1.50 7155 .
LIFE SCIENTIST 2004 · 07 11.00 544.61
09 1.50 77.32
14 38.50 1,984.45
15 7.25 373.68
17 2.00 103.10
20 12.00 618.53
21 3.00 154.63
76.75 $3,927.87
LEWIS, ROBERT 2003 18 2.00 85.53
LIFE SCIENTIST 19 3.00 128.32
5.00 $213.85
LUETSCHER, GREGORY D. 2004. 05 · 1.00 55.16
GENERAL ATTORNEY
1.00 $55.16
MELENDEZ, LILIA 2003 21 10.00 368.00
CHEMIST 22 30.00 1,104.00
24 25.00 919.99
65.00 $2,391.99
Report Date:· 0_9/09/2004 • • Section 3. Page 9 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/0111980 to 09/09/2004
Fiscal Pay Payroll Payr911
Employee Name Year Period Hours Costs
MILLER, ANGELA R. 2004 15 2.00 79.40
LEACH, ANGELA R
PUBLIC AFFAIRS SPECIALIST
2.00 $79.40
MILLER, HERBERT E., JR. 2001 08 2.00 78.41
CIVIL INVESTIGATOR· 2002 14 6.00 264.47
15 50.00 2,203.90
16 7.00 308.54
21 7.00 308.54
22 1.00 44.08
23 5.00 226.38
25 1.00 44.08
2003 04 1.00 43.70
08 8.00 349.59
09 17.00 777.15
10 3.00 135.86
108.00 $4,778.70
MUSE, JANET K. 2004 13 2.00 68.17
CHEMIST
2.00 $68.17
NORMAN, MICHAEL A. 2004 16 1.00 60.25
SUPERVISORY ENVIRONMENTAL ENGINEER 20 1.00 60.25
2.00 $120.50
OSTEEN, WILLIAM N. 2004 14 22.00 1,171.97
ENVIRONMENTAL SCIENTIST 15 7.00 372.91
17 16.00 852.35
20 4.00 213.08
49.00 $2,610.31
PEL TIER, DOROTHY G. 2003 16 2.00 80.24
CHEM!ST ~7 ~., nn '1 A07 ')fi
'-''-•V'-' .._,.,.,._,, ,VV
18 47.00. 1,885.53
20 62.00 2,487.28
Report Date: 09/0912004 • • Section 3 -Page 10 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Fiscal Pay Payroli Payr0il
Emi;,lo:,:ee Name Year Period Hours Costs
PEL TIER. DOROTHY G. 2003 21 44.00 1,765.18
217.00 $8,705.53
REVELL, DENNIS G. 2003 18 20.00 926.66
CHEMIST 21 16.00 741.32
2004 13 4.00 190.06
40.00 $1,858.04
REVELLS, HERBERT L 2003 19 3.00 135.73
CHEMIST 20 5.00 226.22
21 9.00 . 407.20
22 9.00 407.20
2004 07 6.00 271.44
08 18.00 814.33
50.00 $2,262.12
RHODES, ABIGAIL 2003 07 7.50 204.84
ENVIROMENTAL PROTECTION SPECIALIST 09 18.00 516.15
10 31.00 880.89
11 21.00 666.64
12 34.00 966.13
13 17,25 · 494.65
14 0.75 23.44
15 37.25 1,163.87
. 16 23.00 718,63
17 6.50 203,09
196,25 $5,838.33
RICHARDSON, BRENITA 2002 25 0,50 17.36
ENVIRONMENTAL PROTECTION SPECIALIST 2003 02 2,00 68.81
04 6.00 206.44
07 1.50 51.62
08 2.00 68.81
09 1.50 53.22
,~ CA~ .. -.-........ ,u iJ.UU I l I . .JO
11 2.00 70,95
12 5.00 177,38 -~ ,..,,.. ,..,.. ... ,..,.. ...... ,.,, ,,,ru.vv 1 ,uu..,.,L...,.
Report Date: 09/09/2004 • • Section 3 -Page 11 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Fiscal P~y Fayroll Payroll
. Em12lo)'ee Name Year Period Hours Costs
RICHARDSON, BRENITA 2003 .. 14 6.00 215.01
15 5.00 179.17
16 1.00 35.84
17 14.00 515.60
18 23.00 847.04
19 10.00 368.29
20 1.00 36.83
21 0.50 18.41
22 0.50 18.41
23 1.50 55.24
2004 02 4.00 147.31
03 2.00 7_3.66
04 9.00 331.45
05 10.50 386.70
06 3.00 '110.49 ~ 09 11.50 432.43
10 4.50 169.22
11 16.00 · 614.75
12 55.00 2,113.19
13 63.00 2,368.97
14 12.50 470.04
15 59.00 2,266.87
16 36.00 1,383.18
17 21.00 806.86
18 11.00 422.63
19 7.00 268.95
20 48.00 1,844.24
21 · 19.00 730.01
22 41:00 1,575.29
23 25.00 960.54
576.00. $21,722.83
ROGERS, SHARON 2003 12 44.00 1,954.37
13 ,..,.. ........ ,.., ........... ,,.. . u.:,.uu ~,0..);J,U"t
15 62.00 2,790.66
16. 77.00 3,465.81
Report Date: 09/0912004 · • • Section 3 -Page 12 of 13
IFMS Reconciliation Pending
Regional Payroll Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Fisc;;i Pay Payroll Payroll
Em12lo~ee Name Year· Period · Hours Costs
· . ROGERS, SHARON 2003 17 4.00 180,05
250.00 $11,226.53
ROTH, MARGARET A · 2003 ,15 3.00 68,63
SECRETARY (OFFICE AUTOMATION)
3.00 '$68.63
SCIFRES, JENNY L 2003 20 1.00 56,25
CHEMIST
1.00 $56.25
STEWART, ROBERT G. .2003 14 3.00 147.79
HAZARDOUS WASTE COST EST 15 1.00 49.26
4.00 $197,05
STILMAN, TERRY 2004 24 16.00 874,67
16.00 $874,67 '
TAYLOR, HAROLD W. 2004 11 2.00 132.59
SUPERVISORY ENVIRONMENTAL SCIENTIST/
2.00 $132.59
. TURNER, NARDINA 2003 14 2,50 110.16
ENVIRONMENTAL SCIENTIST 15 1.50 6609
24 0.25 11.35
2004 04 1.75 79.40
6,00 $267.00
VANCURON, FRANCINE 2003· 19 13.00 507,65
CHEMIST 20 8.00 312.39
21,00 $820,04
WHITE, TERRI G. 2003 20 19.00 747,85
ENVIRONMENTAL SCIENTIST
19.00 $747.85
Report Date: 09109/2004 • IFMS Reconciliation Pending
Regional Payroll Costs
• Section 3 -Page 13 of 13
WARD TRANSFORMER . NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10101/1980 to 09/09/2004
Employee Name
WRIGHT, KATHLEEN
Total Regional Payroll Costs
Fiscal
Year
2004
Pay
Period
23
Payroll
Hours
1.00
Payroll
Costs
57.48
1.00 $57.48
4,148.25 $165,420.82
Report Date: 09/0912004 • • Section 4 -Page 1 of 1
IFMS Reconciliation Pending
Headquarters Payroll Costs
WARD TRANSFORMER NC, RALEIGH, .NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
E:.,ployee Name
HEALY.HELENA
KING, HELENA
KEPLINGER, HELEN
. ATTORNEY-ADV_ISOR (GENERAL)
Total Headquarters Payroll Costs
Fiscal
Year
2004
2000
P1:1y
Period
01
26
Payroll
Hours
0.50
Payrv!!
Costs
26.51
0.50 $26.51
2.00 · 98.19 ·
2.00 $98.19
2.50 $124.70
Report Date: 0910912004 • • Section 5 • Page 1 of 2
IFMS Reconciliation Pending
Regional Travel Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
Trc;,:s,;ry
Travel Treasury Schedule
TravelerNendor Name Number Schedule Date Travel Costs
BARRETT, DIANE FAYE TM0080041 ACHA03059 03/04/2003 · 236.90
BROWN, DIANE F. TM0085593 ACHA03070 03/13/2003 503.96
COMMUNITY RELATIONS TM0095188 ACHA03083 03/26/2003 313.39 SPECIALIST
TM0202346 ACHA04155 06/07/2004 82.19
$1,136.44
CAMPBELL, RICHARD R. TM0242591 ACHA04244 09/02/2004 .177.20
ENVIRONMENT AL ENGINEER
$177.20
FLORES, LUIS E. TM0063181 ACHA02282. 10/11/2002 643.16
CIVIL ENGINEERING TM0066145 ACHA02298 10/29/2002 400.85
TM0086609 ACHA03045 02/19/2003 426.98
TM0093797 ACHA03078 03/21/2003 426.45
TM0101775 ACHA03098 04/10/2003 334.30
TM0241526 ACHA04226 . 08/17/2004 407.96
. $2,639.70
HANSEN, SUSAN E. 0004DL0098 ACHA00195 07/17/2000 169.69
ATTORNEY TM0095956 ACHA03100 04/14/2003 342,19
$511.88
HARVEY, JACQUELINE TM0028712 ACHA02114 04/26/2002 500.47
WAL THALL; JACQUELINE TM0201739 ACHA04110 04/21/2004 817.64 ·
SECRETARY (TYPING) TM0216744 ACHA04149 06/02/2004 170.41
$1,488.52
HICKS, MATTHEW TM0187852 ACHA04079 03/23/2004 811.79
'$811.79
Report Date: 09/0912004 • • Section 5 • Page 2 of 2 ·
IFMS Reconciliation Pending
Regional Travel Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Treasury
Travel Treasury Schedule
· TravelerNendor Name Number Schedule Date Travel Costs
JACKSON, FELICIA G. TM0201495 ACHA04112 04/23/2004 · 999.27
COST RECOVERY SPECIALIST
$999.27
MILLER, ANGELA R TM0204285 ACHA04127 05/10/2004_ · 100.91
LEACH, ANGELA R.
PUBLIC AFFAIRS SPECIALIST
$100.91"
MILLER, HERBERT , JR. TM0028668 ACHA02114 04/26/2002 666.95
CIVIL INVESTIGATOR TM0080291 ACHA03035 02/06/2003 432.96
$1,099.91
RICHARDSON, BRENITA TM0097264 ACHA03085 03/26/2003 395.83
ENVIRONMENTAL PROTECTION TM0189958 ACHA04077 03/19/2004 947.57 SPECIALIST
TM0200620 ACHA04117 04/28/2004 918.91
$2,262.31
STILMAN, TERRY TM0239731 ACHA04226 08/17/2004 339.36
$339.36
VVILLIS, DIANNE TM0201758 ACHA04112 04/23/2004 849.64
$849.64
Total Regional Travel Costs $12,416.93
Report Date: 0910912004. · • • IFMS Reconciliation Pending
Headquarters Travel Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
TravelerNendor Name
Costs from 1010111980 to 09/09/2004
Travel
Number
Treasury
Schedule
Treasury
Schedule
Date
Page 1 of l
Travel Costs
Report Date: 0910912004 • IFMS Reconciliation Pending
Contract Costs
• Section 6 -Page 1 of 2
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
ENVIRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT)
Contractor Name: FIRST CITIZENS BANK &TRUST COMPANY/I LS
EPA Contract Number: 68-W0-1009
Delivery Order Information DO# Start Date
03/29/2003 •
03/29/2003
10101/2003
. 16
21
27
Project Officer(s): BIRCH, MICHAEL H
End Date
0!!/30I2003
01102/2004
03126/2004
Dates of Service: From: 03/2912003 To: 03/26/2004
Summary of Service:
Total Costs: $90,859.39
Voucher Voucher Voucher Treasury Schedule
Number Date Amount Number. and Date
3-29-016 05/02/2003 59,192.52 R3411 05129/2003
3-29-021 05/02/2003 91,420.73 R3411 05/2912003 ·
3-30-016 05/30/2003 68,080.94 R3457 06/2512003
3-30-021 05/3012003 111,891.52 R3457 06125/2003
3-31-016 06/2712003 69,755.72 R3502 07/24/2003
3-31-021 06/27/2003 100,493.25 R3502 07124/2003
3-32-016 08/0812003 91,300.32 R3574 09105/2003
3-32-021 · 08/08/2003 . 156,908.22 R3574 09/05/2003
3-33-016 09108/2003 59,411.69 R4002 10/02/2003
3-34-016 10/0712003 64,666.61 R4054 10/3112003
4-35-027 10/31/2003 · 52,041.65 R4100 11/26/2003
4-36-021 12/03/2003 91,707.44 R4162 1213012003
4-36-027 12103/2003 57,281.-74 R4162 12130/2003
4-37-021 01/0912004 141,412.31 R4228 02105/2004
4-37-027 01/09/2004 63,880.09 R4228 02105/2004
4-38-027 02/06/2004 58,959.23 R4282 03/03/2004
4-40-027 04102/2004 70,264.26 R4377 04/28/2004
Total:
Site Annual
Amount Allocation
742.45 939.01
1,292.81 1,635.08
2,799.66 3,540.87.
1,582.29 2,001.20
7,338.69 9,281.62
2,019.71 2,554.43
3,823.32 4,835.55
794.61 1,004.98
620.08 784.25
2,170.10 2,744.64
832.30 1,052.65
843.14 1,066.36
3,819.08 4,830.19
4,233.57 5,354.41
3,345.06 4,230.67
3,078.01 3,892.92
784.05 991.63
$40,118.93 $50,740.46
,q
Report Date: 09/0912004 • IFMS Reconciliation Pending
Contract Costs
• Section 6 • Page 2 of 2
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
ENViRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT)
Contractor Name: FIRST CITIZENS BANK & TRUST COMPANY/IL$
EPA Contract Number: 68-W0-1009
Delivery Order Information DO# Start Date
03/29/2003
03/29/2003
10/01/2003
End Date
09/30/2003
01/02/2004
16
21
27 . 03/26/2004
Project Officer(s): BIRCH, MICHAEL H
Dates of Service: From: 03/29/2003 To: 03/26/2004
Summary of .Service:
Total Costs: $90,859.39
Voucher Number Schedule Number Rate Ty1:1e
3-29-016 R3411 Class
3-29-021 R3411 Class
3-30-016 R3457 Class
3-30-021 R3457 Class
3-31-016 R3502 Class
3-31-021 R3502 Class
3-32-016 R3574 Class
3-32-021 R3574 Class
3-33-016 R4002 Class
3-34-016 R4054 Class
4-35-027 R4100 Class
4-36-021 R4162 Class
4-36-027 R4162 Class
4-37-021 R4228 Class
4-37-027 R4228 Class
4-38-027 R4282 Class
4°40-027 R4377 Class
Annual
Allocation Rate
1.264751
1.264751
1-.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
1.264751
Report Date: 09109/200.: • • Section 7 • Page 1 of 1
IFMS Reconciliation Pending
.Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
LOCKHEED MARTIN SERVICES INC
Contractor Name: LOCKHEED MARTIN SERVICES INC ..
EPA Contract Number: 68-D0-0267
Project Officer(s): ARBERG, PHILLIPS A.
JACKSON, SUSAN L
Dates of Service: From: 09/12/2002 To: 09/11/2003
Summary of Service:
Total Costs: $20,314.17
Voucher Voucher Voucher Treasury Schedule
Number Date Amount Number and Date
06313765R1 11/07/2002 206,345.93 R3149 12/24/2002
06315083R1 11/2512002 198,085.73 R3158 12/30/2002
06316797 01/06/2003 162,114.34 R3226 02/04/2003
06317848 01/29/2003 187,804.05 R3263 02125/2003
06319254R 03/06/2003 182,408.24 R3313 03/3112003
06320457 04/03/2003 201,108.35 R3366 05/01/2003
06321766 05/08/2003 116,233.67 R3417 06/02/2003 .
06322837 05/30/2003 105,165.83 R3458 06/26/2003
06323878 07/08/2003 137,371.65 R3514 07131/2003
06325740 08/04/2003 120,240.91 R3560 08/28/2003
06326859 08/28/2003 116,117.13 R3611 09/23/2003
06328779R 09/30/2003 168,588.87 R4054 10/3112003
06330714R . 11/0512003 32,664.61 04144 12/18/2003
06337438 02126/2004 1,288.14 R4375 04/27/2004
Total:
Site
Amount
· 3,259.24
4,716.82
4,027.10
5,794.04
2,550.76
-11.92
266.81
-16.99
-97.59
-65.23
-85.55
-31.87
-2.77
11.32
$20,314.17
Report Date: 09/0912004 • • Section 8 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 0.9109/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
M802589
TEXAS A&M RESEARCH FOUNDATION ·
3R0191NTEX
From:
Voucher
Date
12/19/2003
To:
$6,022.25
Voucher Treasury Schedule
Amount Number and Date
6,022.25 0OOA04034 02/05/200~
Total:
Site
Amount
6,022.25
$6,022.25
Report Date: 0910912004 • • Section 9 • Page 1 of 1 ·
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Costs from 10/01/1980 to 09/09/2004
PHILIP ANALYTICAL SERVICES, INC ..
68-W0-2014
Delivery Order Information DO# Start Date End Date
01/31/2004
05/16/2003
06111/2003
11 11/15/2003
5 04/11/2003
6 03/13)2003
Project Officer(s): MESSER, EDWARD .E.
· Dates of Service: From: 03/13/2003 To: 01/31/2004
Summary of Service:
Total Costs: $83,810.00 .
Voucher
Number
Voucher Voucher Treasury Schedule
1051731
1052569
1052787
1052789
1053352
1053895
1054866
!056947
1056971
1057341
1058091
1058092
Date
, 06/30/2003
07/31/2003
08/07/2003
08/07/2003
08/27/2003
09/10/2003
10/15/2003
12/17/2003
12/18/2003
12/31/2003
01/31/2004
01/31/2004
Amount
9,500.00
10,500.00
4,491.00
7,984.00
5,988.00
3,992.00
10,479.00
9,960.00
3,486.00
4,482.00
9,960.00
2,988.00
Number and Date
R3605 09/19/2003
R3605 09/19/2003
R3620 09/30/2003
R3620 09/30/2003
R4023 10/16/2003
R4023 10/16/2003
R4167 01/02/2004
R4214 01/30/2004
R4254 02/17/2004
R4273 02/26/2004
R4315 03/23/2004
R4315 03/23/2004
Total:
Site
Amount
9,500.00
10,500.00
4,491.00
7,984.00
5,988.00
3,992.00
10,479.00
9,960.00
3,486.00
4,482.00
9,960.00
2,988.00
$83,810.00
Report Date: 09/09/2004 • • Section 1 0 -Page 1 of 1
IFMS Reconciliation Pending•
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number: .
BONNER ANALYTICAL TESTING CO.
68-W0-2067
Delivery Order Information DO#
1
2
Start Date .
04/21/2003
08/04/2003
Project Officer(s): MESSER, EDWARD E.
End Date
04/30/2003
08/04/2003
Dates of Service: From: 04121/2003 To: 08/0412003
Summary of Service:
Total Costs:
Voucher
Number
19509
19563
20445
Voucher
Date
04/21/2003
0413012003
08/0412003
$2,114.54
Voucher
Amount
345,60
608,94
1, 160,00
Treasury Schedule
Number and Date
R3419 06/0312003
R3433 06/1112003
R3595 0911612003
Total:
Site
Amount
345.60
608.94
·1,160.00
$2,114.54
Report Date: 0910912004 • • Section 11 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
. OTHER EXPENDITURES
Contractor Name: ENVIROSYSTEMS INC.
EPA Contract Number: 68-W0-3019
Delivery Order Information DO# Start Date
1 05/29/2003
End Date
06/10/2003
Project Officer(s): MESSER, EDWARD E.
Dates of Service: From: 05/29/2003 To: 06/10/2003
Summary of Service:
Total Costs:
Voucher •
Number
30105
30124
30115
30114
30127
30128 .
30129
Voucher
Date
05/29/2003
06/04/2.003
06/04/2003
06/03/2003
06/09/2003
06/09/2003
06/10/2003
$23,258.07
Voucher
Amount
3,512.88.
5,63832
3,298,86
2,789.64
2,686.32
1,247.22
4,084,83
Treasury Schedule
Number and Date
R3471 07/08/2003
R3472. . 07/08/2003
R3477 07/10/2003
R3485 07/15/2003
R3489 07/17/2003
R3489 07/17/2003
· R3489 07/17/2003
Site
Amount
3,512.88
5,638.32
3,298.86
. 2,789.64
2,686.32
1,247.22
4,084.83
Total: $23,258.07
Report Date: 0910912004 • • Section 12 • Page 1 of 1
IFMS Reconciliation Pending
.. Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
SOUTHWEST LABAORATORY OF 6KLAHOMA INC.
68-W0-3024
Delivery Order Information DO #
1
Start Dale
05/22/2003
End Date
05/29/2003
Project Offtcer(s):
Oates of Service:
Summary of Service:
Total Costs:
Voucher
Number
33041
33007
33025
33040
BIRCH, MICHAEL H
MESSER, EDWARD E.
From: 05/22/2003 To: 05/29/2003
Voucher
Date
05129/2003
05/22/2003
05/28/2003
05/29/2003
$19,401.92
Voucher
Amount
7,998.20
3,910.58
3,403.89
4,089.25
Treasury Schedule
Number and Date
R3460 06/30/2003 ·
R3465 07/02/2003
R3471 07/08/2003
R34 71 07/08/2003
Site
Amount
7,998,20
3,910.58
3,403,89
4,089.25
Total: $19,401.92
Report Date: 0910912004 • • Section 13 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs.
WARD TRANSFORMER NC, RALEIGH, NC SITE ID== A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHl::R F.XPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
436530
BANK OF AMERICA
A38K0000118
DIANE F BARRETT
From: To:
NEWS & OBSERVER-DISPLAY
$1,027.22
Voucher
Date
03107/2003
Voucher
Amount
134,655.98
Treasury Schedule
Number · and Date
ACHC03078 03121/2003
Total:
Site
Amount
1,027.22
$1,027.22
Report Date: 09/09/2004 • • Section 14 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
447082
BANK OF AMERICA
A3BK0000153
DIANE F BARRETT
From: To:
NEWS & OBSERVER-DISPLAY
$1,095.00
Voucher
·oate
04/09/2003
Voucher
Amount
225,267.96
Treasury Schedule
Number and Date
ACHC03127 05/09/2003
Total:
Site
Amount
1,095.00
$1,095.00
Report Date: 09/0912004 • • Section 15 • Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER E:XPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s): ·
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
461753
BANK OF AMERICA
A3BK0000173
JOHNS HALL
From: To:
UGA RESEARCH SERV/CRS
$68.00
Voucher
Date
05/27/2003
Voucher
Amount
117,104.56
Treasury Schedule
Number and Date
ACHC03157 06/1012003
Total:
Site
Amount
68.00
$68.00
Report Date: 0910912004 • • Section 16 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
516747
BANK OF AMERICA
A4BK0000053
ELAINE W SEYMOUR
From: To:
UGA RESEARCH SERV/CRS
. $34.00
Voucher
Date
11/24/2003
Voucher
Amount
110,371.19
Treasury Schedule
Number and Date
ACHC03344 · 12112/2003
Total:
Site
Amount
34.00
$34.00
Report Date: 09/09/2004 • • Section 17 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/011.1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
524575
BANK OF AMERICA
A4BK0000068
DANIEL P THOMAN
From: To:
UGA RESEARCH SERV/CRS
$34.00
Voucher
Date
12126/2003
Voucher
Amount
150,740.17
Treasury Schedule
Number and Date
ACHC04006 01/08/2004
Total:
Site
Amount
34.00
$34.00
Report Date: 09/0912004 • • Section 18 • Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
532477
. BANK OF AMERICA
A4BK0000085
ELAINE W SEYMOUR
From:
TERRACHEMtNC
Voucher
Date
$1,465.00
Voucher
Amount
To:
01129/2004 182,187.96
Treasury Schedule
Number and Date
ACHC04030 02/03/2004
Total:
Site
Amount
1,465.00
$1,465.00
Report Date: 09/09/2004 • Section 19 -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 .84
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENfJITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates ofService:
Summary of Service:
Total Costs:
'
Voucher
Number
545657
BANK OF AMERICA
A4BK0000126
MELANIE G UPCHURCH
From: To:
MARRIOTT 337K1 RALEIGH
$500.00
Voucher Voucher Treasury Schedule
Date Amount Number · and Date
03/1012004 148,871.81 ACHC04090 04/01/2004
Total:
Sile
Amount
500.00
$500.00
Report Date: 0910912004 • • Section 20 -Page 1 of 1
IFMS Reconciliation Pending
· Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10101/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates o(Service:
Summary of Service:
Total Costs:
Voucher
Number
559257
BANK OF AMERICA
A4BK0000147
MELANIE G UPCHURCH ·
From: To:
KAY MCGOVERN & ASSOCIATES
$1,046.85
Voucher
Date
Voucher Treasury Schedule
Amount Number and Dale
04/22/2004 176,697.37 ACHC04120 05/0312004
Total:
Site
Amount
1,046.85
$1,046.85
f'\eport Date: 09109/2004 • • Section 21 " Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 1010111980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher
Number
560867
BANK OF AMERICA
A4BK0000151
MARGARET A ROTH
From: To:
SYSTEL BUSINESS EQUIPMENT
$1,124.00
Voucher Voucher Treasury Schedule
Date Amount Number and Date
04/28/2004 148,830.27 ACHC04126 .05/07/2004
Total:
Site
Amount
1,124.00
$1,124.00
Report Date: 09109/2004 • • Section 22· -Page 1 of 1
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER EXPENDITURES
Contractor Name:
EPA Cqntract Number:
Project Officer(s):
Dales of Service:
Summary of Service:
Total Costs:
Voucher
Number
2701 07142
GOVERNMENT PRINTING OFFICE
FRL69337.
From:
Voucher
Date
07/30/2001
To:
$148.00 .
Voucher Treasury Schedule
Amount Number and Dale
73,472.00 2701 07142 07/30/2001
Total:
Site
Amount
148.00
$148.00
Report Date: 09/09/2004
• IFMS Reconciliation Pending •
Contract Costs
Section 23 -Page 1 of 2
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
RESPONSE ACTION .CONTRACT,
Contractor Name: ROY F. WESTON
EPA Contract Number: . 68-W7-0026
Project Officer(s): NATHAN, STEPHEN J.
VOGTMAN, PATRICIA
Oates of Service: From: 01/01/2002 . To: 06/2512004
Summary of Service:
Total Costs: . $505,837.04
Voucher Voucher Voucher Treasury Schedule Site Annual
Number Date Amount· Number and Date Amount Allocation
154 11/20/2002 348,366.30 03141' 1211912002 14,013.98 960,21
158 12118/2002 356,887.27 03188 .01115/2003 10,801.58 740.10
160 0111712003 476,122.65 03246 02/14/2003 604.70 41.43
162 02/17/2003 571,876.20 03291 03/17/2003 9,852 01 675 04
164 03/18/2003 632,328.73 03342 04/16/2003 9,320.90 638.65
167 04/,1812003 921,264.24 03392 05/16/2003 10,586.11 725.34
169 05/1612003 714,818.14 03447 06/19/2003 38,945.65 2,668.48
170 06/1812003 521,508.04 03486 07/15/2003 61,247.00 4,196.52
172 07/16/2003 889,059.05 03534 08/13/2003 20,649.53 1,414.86
173 08/1812003 1,113,415.86 03592 09/1212003 9,519.48 652.26
175 09/17/2003 657,610.38 04018 10/15/2003 18,744.59 1,284.34
177 10/17/2003 · 566,796.32 04089 11/20/2003 22,448.20 1,538.11
179 11/20/2003 430,314 86 04148 12119/2003 7,816.84 535.59
180 12/19/2003 404,018.12 04203 01121/2004 36,199.12 . 2,480.29
181 · 01/20/2004 366,803.39 04263 02/20/2004 28,314.60 1,940.06
182 02/2012004 280,790.80 04320 0312412004 26,131.52 1,790.48
183 03/18/2004 461,067:74 04367 04/21/2004 34,617.74 2,371,94
184 04/1912004 394,866.90 04417 05/20/2004 22,653 98 1,552.21
1872 04/1212004 -72,665.12 04417 05/20/2004 850.32 58.26
188 05/20/2004 508,540.82 04485 06/25/2004 45,621.50 3,125.89
190 06/1812004 176,597.78 .04521 07115/2004 1,297.91 88.93
191 06118/2004 195,949.20 04524 07/1612004 21,164.96. 1,450.18
192 07/19/2004 521,785.51 04586 08/20/2004 21,651.85 1,483.54
193 07/19/2004 142,831.31 04586 08/20/2004 346.52 23.74
Total: $473,400.59 $32,436.45
Report Date 09/09/2004 • • IFMS Reconciliation Pending
Section 23 • Page 2 of 2
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
· Costs from 10/01/1980 to 09/09/2004
RESf'ONSE ACTION CONTRACT
Contractor Name:
EPA Contract Number:
Project Officer(s):
Dates of Service:
Summary of Service:
Total Costs:
Voucher Number
154
158
160
162
164
167
169
170
172
173
175
177
179
180
181
.182
183
184
1872
188
190
191
192
193
ROYF. WESTON
68-Wl-0026
NATHAN, STEPHEN J.
VOGTMAN, PATRICIA
From: 01/01/2002 To: 06/25/2004
$505,837.04
Schedule Number Rate Ty12e
03141 Provisional
03188 Provisional
·03246 Provisional
03291 · Provisional
03342 Provisional ·
03392 Provisional
03447 Provisional
03486 Provisional
03534 Provisional
03592 Provisional
04018 Provisional
04089 Provisional
04148 Provisional
04203 Provisional
04263 Provisional
04320 Provisional
04367 Provisional
04417 Provisional
04417 Provisional
04485 Provisional
04521 Provisional
04524 Provisional
04586 Provisional
04586 Provisional •
Annual
Allocation Rate
0,068518
. 0.068518
0.068518
0.068518
0.068518
0.068518
0,068518
0.068518
0.068518
0,068518
0.068518
0.068518
0.068518
0.068518
0,068518
0.068518
0.068518
0.068518
0,068518
0.068518
0.068518
0.068518
0.068518
0,068518
· Report Date: 09/09/2004
. • IFMS Reconciliation Pending •
Contract Costs
Section 24 -Page 1 of 2
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
SUPERFUND COOPERATIVE AGREEMENT {SCA).
State Agency: NORTH CAROLINA DEPT EHNR
SCA Number: 0V98401896
Project Officer(s): PAULA WALRAVEN
Dates of Service: From: 10/01/1996 To: 0913012004
Summary of Service: ·
Total Costs: $15,751.34
Drawdown Drawdown Drawdown Treasury. Schedule Site
Number Date Amount Number and Date Amount
ACH0400#2005 0310512003 59,337.63 ACHC03073 03/1812003 378.11
ACH0400#2009 · 04/22/2003 24,622.75 ACHC03119 05/01/2003 636.42
ACH0400#2014 06/09/2003 . 75,781.16 ACHC03162 06/13/2003 2,031.90
ACH0400#2017 07/01/2003 46,255.72 ACHC03189 07/10/2003 105.31
ACH0400#2020 07/24/2003 23,828.91 ACHC03209 07/30/2003 30.59
ACH0400#2022 08/06/2003 53,819:06 ACHC03220 08/12/2003 2.37
ACH0400#2024 08/20/2003 23,010.86 ACHC03234 08/26/2003 120.10
ACH0400#2026 09/05/2003 51,224.31 ACHC03252 09/11/2003 9,28
566000372A1 09/25/2003 ·. 0.00 J3293 09/25/2003 875 01
ACH0400#2030 10/09/2003 46,985.47 ACHC03288 10/17/2003 67.63
ACH0400#2032 . 10/24/2003 22,439.86 ACHC03303 11103/2003 574.23
ACH0400#2034 11/04/2003 69,556.34 ACHC03311 11/12/2003 44.04
ACH0400#2036 11/19/2003 13,722.29 ACHC03329 11/28/2003 540.20
ACH0400#2038 12/1012003 54,392.82 ACHC03346 1211612003 43.59
ACH0400#2040 01/02/2004 49,970.21 ACHC04015 01/20/2004 1,315.03
ACH0400#2042 01/22/2004 25,661.37 ACHC04028 01/30/2004 1,166.88 ·
ACH0400#2044 · 02/06/2004 51,225.20 ACHC04041 02/12/2004 90.51
ACH0400#2046 02/20/2004 31,137.14 ACHC04055 .02/2612004 907.84
ACH0400#2048 03/09/2004 55,903.62 ACHC04070 03/12/2004 69.59
ACH0400#2050 03/24/2004 16,896.56 ACHC04105 04/1612004 943.99
ACH0400#2052 04/16/2004 68,043.20 ACHC04112 04/23/2004 1,895.20
ACH0400#2056 05/04/2004 56,725.53 ACHC04127 05/10/2004 138.65
ACH0400#2058 05/21/2004 35,465.52 ACHC04149 06/02/2004 1,593.67
ACH0400#2060 06/04/2004 52,436.34 ACHC04160 06/10/2004 122.32
ACH0400#2062 06/23/2004 46,238.92 . ACHC04181 07/01/2004 901.27
ACH0400#2064 07/07/2004 48,002.46 ACHC04191 07/13/2004 69.21
ACH0400#2066 07/23/2004 40,091.71 ACHC04208 07128/2004 1,001.49
.A.CHQ400#2068 08/05/200~ J:") {"I('\,: 0"'1 Af"U("/"'tA'"")..,A r<n '"',... ,.,..,,..,,.., • iG.91 .., ... 1"''-' ........ , I ,,._,1 1"-'V"T.C,.,:;."'T uu, 101,vu._.
Total: $15,751.34
Report Date: 09/09/2004 • • Section 24 -, Page 2 of 2
IFMS Reconciliation Pending
Contract Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
Report Date: 09/0912004 • • Section 25 -Page 1 of 6
IFMS Reconciliation Pending
Financial Cost Summary for the Contract Lab Program
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
CONTRACT LAB PROGRAM !CLP) COSTS
Total Routine Analytical Services (RAS) Costs $121,592.02
Total Financial Cost Summary $121,592.02.
Report Date: 0910912004 Section 25 -Page 2 of 6
• IFMS Reconciliation Pending •
Financial Cost Summary for the Contract Lab Program
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
CONTRACT LAB PROGRAM (CLP) COSTS
Routine Analytical Services (RAS)
Total Costs:
Voucher
Number
Case Number:
$121,592.02
Voucher
Date
· Voucher Treasury Schedule
Amount Number and Date
Site
Amount
EPA Contract Number: 68-W0-1034, DYNCORP INFORMATION & ENGINEERING
23 05109/2003 747,773.02 R3421 06/04/2003
24 06109/2003 545,970.80 R3468 0710312003
25 07/11/2003 709,639.93 R3521 08/0612003
26 08/12/2003 506,496.90 R3576 09/08/2003
27 0910812003 · 507,316.04 R4002 10/02/2003
28 . 10/10/2003 654,760.84 R4065 11/0712003
31 0110912004 484,599.87 R4228 0210512004
1-1 01/1212004 205,134.58 R4231 02/0612004
1-2 02/0912004 615,982.32 R4284 03104/2004
1-4 04109/2004 823,525.77 R4388 05105/2004
Totals for 68-W0-1034:
Totals for Case Number
Case Number: 31591
EPA Contract Number: 68-W0-2068 CHEMTECH
232156 05107 /2003 1,642.20 R3442 06117/2003
232153 05/07/2003 1,688.40 R3446 06118/2003
232157 05107/2003 1,701.00 R3446 . 06/18/2003
232154 05/07/2003 1,630.86 R3451 06/2312003
232155 05/07/2003 1,560.09 R3451 06/2312003
232158 0510712003 714.00 R3451 06/23/2003
Totals for 68-W0-2068:
Totals for Case Number 31591:
· Case Number: 31610
13164
13144
04/3012003
04/30/2003
1 lOCDTV A'-11'11 ,,..,..,,...,_. ,...,....,r,,,....,...,,.....,..,.,,...,,,
.... , ..... ._, ~' I l"\Plru-. I l\,,.l'l""U ... VVr\.f""Vr\.f'\ I IUl'i
1,555.49 R3433
270.52 R3440
06/1112003
0611612003
112.73
. 3,117.17
5,342.10
176.94
313.89
14.60
1,136.99
180.99
33.74
48.34
$10,477.49
$10,477.49
1,642.20
1,688.40
1,701.00
1,630.86
1,560.09
714.00
$8,936.55
$8,936.55
1,555.49,
270.52
Class/SMO
Amount
41.42
1,145.26
1,962.70
65.01
115.32
5.36
417.73
66.50
12.40
17.76
$3,849.46
$3,849.46
603.35
620.32
624.95
599.18
573.18
262.33
$3,283.31
$3,283.31
571.49
99.39
Report Date: 0910912004
• IFMS. R ··1··. P ·d. • Section 25 • Page 3 ol 6
econc1 1at1on en ing
Financial Cost Summary for the Contract Lab Program
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/01/1980 to 09/09/2004
CONTRACT LAB PROGRAM (CLP) COSTS
Routine Analytical Services {RAS)
Total Costs:
Voucher
Number
$121,592.02
Voucher
Date
Case Number: 31610
EPA Contract Number: 68-W0-0082
13183 0510812003
13184 0.510812003
13205 05/0812003
Voucher Treasury Schedule
Amount Number and Date
LIBERTY ANALYTICAL CORPORATION
1,555.49 R3442
1,082.08 R3446
1,555.49 R3446
Totals for 68-W0-0082:
0611712003
06118/2003
06/18/2003
Totals for Case Number 31610:
Case Number: 31657
EPA Contract Number: 68-W0~0087, DATACHEM LABORATORIES, INC.
103-3737 05/2312003 1,785.00 R3470 07/08/2003
Totals for 68-W0-0087:
EPA Contract Number: 68-W0-3018, CEIM!C CORPORATION
30478 06/0612003 3,220.80 R3467 0710312003
Totals for 68-W0-3018:
Tptals for Case Number 31657:
Case Number: 31685
EPA Contract Number: 68-W0-0085,
3MD1Y28 06125/2003
3MD1 Y29 06125/2003
3MD1Y55 0612512003 ·
3MD1Y58 06/25/200.3
3MD1Y78 06125/2003
SENTINEL, INC.
1,530.00 R3495
2,040.00 R3495
1,190.00 R3495.
340.00 R3496
1,275.00 R3495
0712112003
0712112003
07/21/2003
07/21/2003
07121/2003
. Site
Amount
1,555.49
1,082.08
1,555.49
$6,019.07
$6,019.07
1,785.00
$1,785.00
3,220.80.
$3,220.80
$5,005.80
1,530.00
2,040.00
1,190.00
340.00
1,275.00
Class/SMO
Amount
571.49
397.56
571.49
$2,211.42
$2,211.42
655.81
$655.81
1,183.33
$1,183.33
$1,839.14
562.13
749.50
437.21
124.92
468.44
C'., ') A "I '")fl "' ..... ,..,.,.'-·'-""
'
Report Date: 0910912004 • IFMS ReconcHiaUon Pendin,
Section 25 • Page 4 of 6
Financial Cost Summary for the Contract lab Program
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004 ·
CONTRACT LAB PROGRAM (CLP} COSTS
Routine Analytical Services (RAS)
Total Costs:
Voucher
Number
$121,592.02
Voucher
Date
Case Number: 31685
EPA Contract Number 68-W0-3021,
13529 06/11/2003
13530 06/11/2003
13531 06/1112003
13601 0611712003
13768 0710212003
13783 · 0710212003
13784 · 07/07/2003
Voucher Treasury Schedule
Amount Number and Date
LIBERTY ANALYTICAL CORPORATION
8,820.90 R3497 07122/2003
3,280.50 R3497 07122/2003
6,471.90 R3498 07122/2003
3,564.00 R3507 0712912003
162.00 R3530 0811212003
1,458.00 R3534 0811312003
1,611.90 R3534 08113/2003
Site
Amount
8,820.90
3,280.50
6,471.90
3,564.00
162.00
1,458.00
1,611.90 --
Totals for 68-W0-3021:
Totals for Case Number 31685:
Case Number: 31710.
EPA Contract Number: 68-W0-0088, CHEMTECH
232483 0610912003 1,466.25 R3497 07122/2003
Totals for 68-W0-0088:
EPA Contract Number: 68-W0-3021, LIBERTY ANALYTICAL CORPORATION
13534 06i11l2003 2,843.10 R3497 07122/2003
13563 06/17/2003 2,592.00 R3498 07/2212003
13578 06/17/2003 2,899.80 R3501 0712412003
13769 0710212003 291,60 R3530 0811212003
13770 0710212003 . 510,30 R3530 08112/2003
Totals for 68-W0-3021:
Totals for Case Number 31710:
$25,369.20
$31,744.20
1,466.25
$1,466.25
2,843.10
2,592.00
2,899.80
291.60
510.30
$9,136.80
$10,603.05
Class/SMC .
Amount
3,240.83
1,205.27
2,377.80
1,309.42
59.52
535.67
592.22
$9,320.73
$11,662.93
538.70
$538.70
1,044.56
952:31
1,065.40
107.13
187.49
$3,356.89
$3,895.59
Report Date: 0910912004 Section.25 -Page 5 of 6
.• IFMS Reconciliation Pending .•
Financial Cost Summary for the Contract Lab Program
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Costs from 10/0111980 to 09/09/2004
CONTRACT LAB PROGRAM (CLP) COSTS
Routine Analytical Services (RAS)
Total Costs:
Voucher
Number
$121,592.02
Voucher
Date
Case Number: 31970
EPA Contract Number: 68-W0-3021
15355 08/20/2003
Voucher Treasury Schedule. ·
· Amount Number and Date
LIBERTY ANALYTICAL CORPORATION
5,478.55 R3607
Totals for 68-W0-3021:
09/22/2003
Totals for Case Number 31970:
Case Number: 32338
EPA Contract Number: 68-W0-0082
17321 12/16/2003
17322 12/16/2003
EPA Contract Number: 68-W0-3021
17320 12/17/2003
17335 12/17/2003
17353 12/17/2003
17447 01/14/2004
17280 03/19/2004
17446 03/19/2004
LIBERTY ANALYTICAL CORPORATION
202.89 R4203
223.15 R4203
. Totals for 68-W0-0082:
01/21/2004
01/21/2004
LIBERTY ANALYTICAL CORPORATION
324.00 R4202 01/21i2004
. 3,794.04 R4203 01/21/2004
3,464.37 R4211 01/26/2004
139.32 R4232 02/06/2004
1,428.84 R4355 04/14/2004
1,080.54 R4355 04/14/2004
Totals for 68-W0-3021:
Totals for Case Number 32338:
Totals for Routine Analytical Services:
Site
Amount
5,478.55
$5,478.55
$5,478.55
202.89
223.15
$426.04.
324.00
3,794.04
3,464.37
139.32
1,428.84
1,080.54
$10,231.11
$10,657.15
$88;921.86
Class/SMO
Amount
2,012.84
$2,012.84
$2;012.84
74.54
81.99
$156.53
119.04
1,393.94
1,272.82
51.19
524.96
396.99
$3,758.94
$3,915.47
$32,670.16
••
Report Date: 0910912004 • Section 25 -Page 6 of 6 .
IFMS Reconciliation Pending
Financial Cost Summary for the Contract Lab Program
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from .10/01/1980 to 09/09/2004
CONTRACT LAB PROGRAM (CLP) COSTS
Fiscal
Year
2003
2004
Rate Type
Provisional
Provisional
Class I SMO
Rate
0 367403
0,367403
Report Dat.e: 09/09/2004
• IFMS Reconciliation Pending .•
Miscellaneous (MIS) Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
Page1of1
Report Date: 0910912004 • • Section 26 • Page 1 of 1
IFMS Reconciliation Pending
EPA Indirect Costs
. WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
· Costs from 10/01/1980 to 09/09/2004
Fiscal Year Direct Costs Indirect Rate( %) Indirect Costs
2000 4,562,97 42.29% 1,929.68
2001 1,576.58 45.26% 713.54
2002 10,671.84 47.82% 5,103.30
2003 534,834.31 46.55% 248,965.28
2004· 521,819.56 46.55% 242,907.00
1,073,465.26
Total EPA Indirect Costs $499,618.80
Report Date: 09/0912004 • • Section 27 • Page 1 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Emglo:i,'.ee Name
BORNHOLM, JON K.
BRIGHT, BILLY D.
HANSEN, SUSAN E.
KEPLINGER, HELEN
Costs from 10/01/1980 to 09109/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2000
2000
2000
2000
Pay
Period·
11
12
24
25
26
15
16
17
18
19
20
21
25
26
27
26
Total Fiscal Year 2000 Payroll Direct Costs:
Ind.
Payroll Rate Indirect
Costs (%) Cost§
472.75 42.29% 199.93
425.48 42.29% 179.94
898.23 $379.87
68.25 42.29% . 28.86
87.79 42.29% 37.13
35.12 42.29% 14.85 ---------
191.16 $80.84
52.33 42.29% 22.13
484.00 42.29% 204.68
621.35 42.29% 262.77
274.71 42.29% 116.17
189.68 42.29% 80.22
418.59 42.29% 177.02
145,00 42.29% 61.32
88.36 42.29% 37,37
281.11 42.29% 118.88
650.57 '42.29% .275.13
3,205.70 $1,355.69
98.19 42.29% 41.52 ---'-------98.19 $41.52
4,393.28 $1,857.92
Report Date: 09/09/2004 • Section 27 -Page 2 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
TRAVEL DIRECT COSTS
TravelerNendor Name·
Treasury
Travel Schedule
Number Date
Ind.
Travel Rate Indirect
Costs (%) Costs
HANSEN, SUSAN E 0004DL0098 07/17/2000 169.69 42.29% 71.76
169.69 $71,76
Total Fiscal Year 2000 Travel Direct Costs: 169.69 $71.76
Total Fiscal Year 2000: 4,562.97 $1,929.68
PAYROLL DIRECT COSTS
lhd.
Fiscal Pay Payroll Rate Indirect
Emr;ilo:iee Name Year Period Qosts (%) Costs
BATCHELOR, PAULA V. 2001 08 9.55 45.26% 4.32
09 9.90 45.26% 4.48
19.45 $8.80
BRIGHT, BILLY D. 2001 02 35.05 45.26% 15.86
04 175.26 45.26% 79,32
05 35.05 45.26% 15.86
08 35,05 . 45.26% 15.86
10 36.44 45.26% 16.49
12 27.33 45.26%. 12.37
21 18.22 45,26% 8.25
362.40 $164.01
FLORES, LUIS E. 2001 06 .160.41 45.26% 72.60 ---~-
160.41 $72.60
, r • • ,,...,... • , ,..., ,,,... " ...... 2001 Oi •i52.60 45.26% 69.07 rlf"\l"IUt:.J"I, U~•:>i•'\J\I: C::.
02 72.14 45.26%' 32.65
03 521.01 45.26% 235:81
'.
Report Date: 0910912004 • • Section 27 -Page 3 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs.from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Ind.
Fiscal Pay Payroll Rate lndir.ect
EmQloyee Name Year Period Costs (%) . Costs
HANSEN, SUSAN E. 2001 08 28.29 45.26% 12.80
14 19.64 45.26% 8.89
793.68 $359.22
HERNANDEZ, THOMAS 2001 10 14.23 45.26% 6.44 ---------
1~23 $6.44
MILLER, HERBERT E., ~R. 2001 08 78.41 45.26% · 35.49 ---------
78.41 $35.49
Total Fiscal Year 2001 Payroll Direct Costs: 1,428.58 $646.56
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
IAG, SCA, Voucher Schedule Site Allocation Rate Indirect Misc.NO Number Date Amount Costs (%) Costs
FRL69337 2701 07142 07/30/2001 148.00 0.00 45.26% 66.98
148.00 0.00 $66.98
Total Fiscal Year 2001 Other Direct Costs: 148.00 . 0.00 $66.98
Total Fiscal Year 2001: 1,576.58 $713.54
PAYROLL DIRECT COSTS
Fiscal
=E~m""g=lo~ye~e~N~a~m=e _______ Year
8ATCHEL0K, 1-'AULA.Y. 2002
Pay
Period
18
Payroll
Costs
11.50
Ind.
Rate
(%)
47.82%,
Indirect
Costs
5.50
Report Date: 09/0912004 • • Section 27. Page 4 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Emr2lo~ee Name
BATCHELOR, PAULA V
FLORES, LUIS E.
HANSEN, SUSAN E.
U/\0\/CV tl\t"'°'I ICI tf\U::: • " ., ~ ~ loo. • l .,., ,,.,,n,..,~,_._., ,.._
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2002
2002
2002
Pay
. Period
21
05
14
15
16
17
19
20
21
22
23
24
25
26
27
15
20
21
22
25
26
16
17
Ind.
Payroll Rate
Costs (%)
11.49 47.82%
22.99
128.59 47.82%
89.86 47.82%.
89.85 47.82%
89.86 47.82%
44.92 47.82%
92.42 47.82%
92.42 47.82%
231.05 47.82%
138.64 47.82%
138.63 47.82%
231.05 47.82%
46.21 47.82%
877.98 47.82%
92.42 47.82%
277.26 47.82%
231.03 47.82%
2,892.19
60.41 . 47.82%
483.51 47.82%
338.24 47.82%
253.68 47.82%
531.53 47.82%
60.41 47.82%
1,727.78
n...,,.., ,-.,:,. ,.-, ¥",,...,..,
U/ V.V\J ~1.0"-fQ
421.85 47.82%1·
105.46 47.82%
Indirect
Costs
5.49
$10.99
61.49
42.97
42.97
42.97
21.48
44.20
44.20
110.49
66.30
66.29
110.49
22.10
419.85
44.20
132.59
110.48
$1,383.07
28.89
231.21
161.75
121.31
254.18
· 28.89
$826.23
.... ,.. ,.,,..
a.+10.vq
201.73
50.43
Report Date: 09/0912004 • . • Section 27 -Page 5 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER. NC, RALEIGH, NC SITE ID= A4 S4
Emr;iloyee Name
HARVEY, JACQUELINE
MILLER, HERBERT E.; JR.
RICHARDSON, BRENITA
Costs from 10/01/1980 to 09/09/2004
P/\YROLL DIRECT COSTS
Fiscal Pay
Year Period
2002 21
2002 14
15
16
21
22
23
25
2002 25
Total Fiscal Year 2002 Payroll Direct Cos.ts:
· TRAVEL DIRECT COSTS
Treasury
Travel. Schedule
TravelerNendor Name Number Date
HARVEY, JACQUELINE TM0028712 04/26/2002
Ind.
Payroll Rate Indirect
Costs (%) Costs
52.74 47.82% 25.22
1,450.11 $693.44
264.47 47.82% 126.47
2,203.90 47.82% 1,053.90
308.54 47.82% 147.54
308.54 47.82% 147.54
44.08 47.82% 21 08
220.38 47.82% 105.39
44.08 47.82% 21.08
3,393.99 $1,623.00
17.36 47.82% 8.30 ---------17.36 $8.30
9,504.42 $4,545.03
Ind.
Travel Rate Indirect
Costs (%) Costs•
500.47 47.82% 239.33
500.47 $239.33
Report Date: 09/0912004 • • Section 27 -Page 6 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
TravelerNendor Name
MILLER, HERBERT E., JR.
Costs from 10/01/1980 to 09/09/2004
TRAVEL DIRECT COSTS
Travel
Number
TM0028668
Treasury
Schedule·
Date
04/26/2002
Total Fiscal Year 2002 Travel Direct Costs:
Total Fiscal Year 2002:
PAYROLL DIRECT COSTS
Fiscal Pay
Em1:11otee Name Year Period
APPLEBY,CHARLES 2003 23
24
25
26
BARRETT, DIANE FAYE 2003 07
09
10
11
12
13
14
17
BATCHELOR, PAULA V. 2003 03
Ind.
Travel Rate Indirect
Costs (%) Costs
666.95 47.82% 318.94 -----
666.95 $318.94
1,167.42 $558.27
10,671.84 $5,103.30
Ind.
Payroll Rate Indirect
Cost§ (%} CQ§I§
125.10 46.55% 58.23
125.10 46.55% 58.23
542.04 46.55% 252.32
542.04 46.55% · 252.32
1,334.28 $621.10
18.67 46.55% 8.69
1,066.72 .46.55% 496.56
426.69 46.55% 198.62
1,861.92 46.55% 866.72
446.08 46.55% 207.65
861.74 46.55% 401.14
78.33 46.55% · 36.46
78.33 46.55% 36.46
4,838.48 $2,252.30
14.62 46.55% 6.81
<fC ,!t'\ ,.~ r:r::r,t
IV,ltJ -i-V,W...J/0
Report Date: 0910912004 • . • Section 27 -Page 7 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Emglo}'.ee Name
BATCHELOR, PAULA V.
BURGESS, MICHELE F.
· CARSON, WANDA L.
COLQUITT, DEBORAH A.
DAVIS, ANITA L.
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2003
2003
2003
2003
2003
Pay
Period
25
15
23
07
08
09
10
11
12
13.
14
15
16
15
16
17
18
19
23
24
25
11
Ind,
Payroll Rate Indirect
Costs (%) Costs
7.20 · 46.55% 3.35
37.92 $17,65
435.79 46.55% . 202,86
45.41 46.55% 21,14 ---------481.20 $224,00
825,92 46.55% 384.47
619.45 46.55% 288.35
1,708.86 46.55% 795.47.
1,521.93 46.55% 708.46
392.00 46.55% 182.48
813.48 46.55% 378.67
26.71 46.55% 12.43
727.94 46.55% 338,86
1,294.12 46.55% 602.41
1,617.67 46.55% 753,03
9,548.08 $4,444.63
56,34 46.55% 26.23
225.37 46.55% 104,91
84.51 46.55% 39,34
. 309.87 46.55% 144,24
140.85. 46.55% 65,57
84,51" 46.55% 39.34
56,34 46.55% 26.23
56.34 46.55% 26.23
1,014.13 $472.09
51.19 46.55%' 23.83
Report Date: 09/0912004 • • Section 27 • Page 8 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Em12lo)iee Name
DAVIS, ANITA L.
DUTTON, SAMUEL L
FLORES. LUIS E.
HANSEN, SUSAN E.
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS·
Fiscal
Year
2003
2003
Pay
Period
13
20
21
22
Ind.
Payroll Rate Indirect
Costs (%) Costs
51.19 46.55% 23.83
102.38 $47.66
242.63 46.55% 112.94
566.13 46.55% 263.53
363.94 46.55% 169.41 ---------1, 172.70 $545.88
2003 01 693.14 46.55% 322.66
02 1,109.03 46.55% 516.25
03 646.94 46.55% 301.15
04 92.42 46.55% 43.02
05 277.26 46.55% 129.06
06 .323.46 46.55% 150.57
08 184.84 46.55% 86.04
09 191.02 46.55% 88.92
10 740.18 46.55% 344.55 ·
11 1,098.33 46.55% 511.27
12 1,814.64 46.55% 844.71
13 1,432.61 46.55% 666.88
14 1,229,69 46.55% 572.42
15 144.67 46.55% 67.34
16 241.12 46.55% 112.24
17 144.67 46.55% 67.34
18 192.89 46.55% 89.79
21 99.11 46.55% 46.14
24 44603 46.55% 207.63
25 198.22 46.55% 92.27
26 247.78 46.55% 115.34
11,548.05 $5,375.59
2003 . 02 289.93 46.55% 134.96
Report Date: 09/09/2004
• IFMS Reconciliation Pending ·•
EPA Indirect Costs
Section 27 -Page 9 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID ::: A4 S4
Employee Name
HANSEN, SUSAN E.
HARVEY, JACQUELINE
HEY, ANDREW N.
HICKS, MATTHEW
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS·
Fiscal.
Year
2003
2003
2003
2003
Pay
Period
03
08
12
18
19
22
23
04
08
09
10
11
13
14
16
18
19
20
25
26
26
27
22
23
25
26
Ind.
Payroll R~te · Indirect
Costs (%) Qosts
24.17 46.55% 11.25
99.69 46.55% 46.41
619.36 46.55% · 288.31
208.43 46.55% 97.02
234.48 46.55% 109.15
104.21 46.55% 48.51
182.38 46.55% 84.90
1,762.65 $820.51
26.37 46.55% 12.28
620.58 46.55% 288.88
1,519.80 46.55% 707.47
368.82 46.55% 171.69
276.61 46.55% 128.76
263.64 46.55% 122.72
248.14 46.55% 115.51
589.30 46.55% 274.32
31.01 46.55% 14.44
372.19 46.55% 173.25
31.01 46.55% 14.44
434.23 46.55% 202.13
434.23 46.55% 202.13
5,215.93. $2,428.02
384.03 46.55% 178. 77
242.54 46.55% 112.90 ---------
626.57 $291.67
10.28 46.55% 4.79
..,,.., 0/4 AC' Ct:OI ... ' "'.1,:0, V'V,V""'I ""tV • ..J-.J IU ,--,.,.iv
30.85 46.55% 14.36
462.81 46.55% 215.44
Report Date: 09/0912004 • . • ' Section27-Page.10of31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER · NC, RALEIGH, NC SITE ID= A4 S4
Em12loyee Name
HICKS, MATTHEW
HOWES, ROBERTA
KOPOREC, KEVIN P.
LEWIS, ROBERT
MELENDEZ, LILIA
MILLER, HERBERT E., JR
PELTIER, DOROTHY G.
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2003
2003
2003
2003
2003
2003
2003
Pay
Period
27
19
. 12
18
19
21
22
24
04
08
09
10
16
17
18
20
Ind.
Payroll Rate Indirect
CQsls (%) ~OSI§
154.25 46,55% 71.80
689:03 $320 75
39,20 46.55% 18.25 ---------39.20 $18,25 ·
71.55 46.55% 33,31 ---------71.55 $33.31
85.53 46.55% 39,81
128,32 46.55% 59.73 ---------213,85 $99.54
368.00 46.55%
1,104.00 46.55%
919,99 46.55%
2,391.99
43,70 46.55%
349.59 46.55%
777.15 46.55%
135.86 46.55%
1,306.30
80.24 46.55%
2,487,30 46.55%
1,885.53 46.55%
'2,487.28 46.55%'
. 171.30
513,91
428.26
$1,113.47
20.34.
162.73
361.76
63,24
$608.07
37,35
1,157.84
R77.71
1,157.83
Report Date: 0910912004 • · · • Section 27 -Page 11 of31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Emglo'{ee Name
PEL TIER, DOROTHY G.
REVELL, DENNIS G.
REVELLS, HERBERT L
RHODES, ABIGAIL
RICHARDSON, BRENITA
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2003
2003
2003
2003
2003
Pay
Period
21
18
21
19
20
21
22
07
09
10
11
12
13
14
15
16
17
02
04
07
08
09
10
Ind.
Payroll Rate Indirect
Costs (%) Costs
1,765.18 46.55% 821,69
8,705.53 $4,052.42 .
926.66 46.55% 431,36
741.32 46.55% 345.08 -----
1,667.98 $776.44
135.73 46.55% 63.18
226.22 46.55% 105.31
407.20 46.55% 189.55
407.20 46.55% 189.55
1,176.35 $547.59
204.84 46.55% 95.35
516.15 46.55% 240.27
880.89 46.55% 410.05
666.64 46.55% 310.32
966.13 46.55% 449.73
494.65 46.55% 230.26
23.44 46.55% 10.91
1,163.87 46.55% 541.78
718,63 46.55% 334.52
203.09 · 46.55% 94.54
5,838.33 $2,717.73
68,81 46.55% 32.03
206.44. 46.55% 96.10
51,62 46.55% 24.03
t:!O O'f A~ t:'!t:M ,., .... ,..,.,
........... 1,,1. .-,.1,,;.vv JV V~,V.J
53.22 46.55%'· 24.77
177.38 46.55% 82.57
Report Date: 0910912004 • IFMS Reconciliation Pending
EPA Indirect Costs
• Section 27 • Page 12 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Ind.
Fiscal Pay Payroll Rate Indirect
Emgloyee Name Year Period Costs (%) Costs
RICHARDSON, BRENITA 2003 11 70.95 46,55% 33.03
12 177.38 46.55% 82.57
13 1,064.24 46.55% 495.40
14 215.01 46.55% 100.09
15 179.17 46.55% 83.40
16 35.84 46.55% 16.68
17 515.60 46.55% 240.0t
18 847.04 46.55% 394.30
19 ,368.29 46.55% 171.44
20 36.83 46.55% 17.14
21 18.41 46,55% 8.57
22 18.41 46.55% 8.57
23 55.24 46.55% 25,71
· 4,228.69 $1,968.44
ROGERS, SHARON 2003 12 1,954.37 46.55% 909.76
13 2,835.64 46.55% 1,319.99
15 2,790.66 46.55% 1,299.05
16 3,465.81 46.55% 1,613.33
17 18005 46.55% 83.81
11,226.53 $5,225.94
ROTH, MARGARET A. 2003 15 68.63 46.55% 31.95 ----'------68.63 $31.95
SCIFRES, JENNY L. 2003 20 56.25 46.55% 26.18 ---------
56.25 . $26.18
~Tt:IM/1.PT Pl"\At:PT r.. -•-•••"•'I•,.._,.._.._,•' --• "I A:'"'1 "?("'t Ar:!' C:C:f\l
l""fl.fV "TU,-.1¥/IJ
•
Report Date: 0910912004 • . • Section 27 • Page 13 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 ·
EmQIO)!ee Name
STEWART, ROBERT G.
TURNER, NARDINA
VANCURON, FRANCINE
WHITE, TERRI G.
· Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2003
2003
2003
2003
Pay
Period
15
14
15
24
19
20
20
Total Fiscal Year 2003 Payroll Direct Costs:
TravelerNendor Name.
BARRETT, DIANE FAYE
FLORES, LUIS E ..
TRAVEL DIRECT COSTS
Travel
Number
TM0080041
TM0085593
TM0095188
TM0063181
TM0066145
TM0086609
Treasury
Schedule
Date
03/04/2003
03/13/2003
03/26/2003
10/11/2002
10/29/2002
02/19/2003
Ind.
Payroll Rate Indirect
Costs (%) Costs
49.26 46.55% 22.93
197.05 $91.73
. 110.16 46.55% 51.28
66.09 46.55% 30.76
11.35 46.55% 528 ---------
187.60 $87.32
507.65 46.55% 236.31
312.39 46,55% 145.42 -----820. 04 $381. 73
747.85 46.55% 348.12 --~--
747.85 $348.12
77,315.12
Ind.
Travel Rate
Costs (%)
236.90 46.55%
503.96 46.55%
313.39 46.55%
1,054.25
643:16 46.55%
400.85 46.55%
426.98 46.55% '
$35,990.08
Indirect
Costs
110.28
234.59
145.88
$490.75
299.40
186.60
198.77
Report Date: 09/09/2004
• IFMS Reconcination Pending
EPA Indirect Costs
• Section 27 • Page 14 of 31
WARD TRANSFORMER . NC, RALEIGH, NC SITE ID::: A4 S4
Costs from 10/01/1980 to 09/09/2004
TRAVEL DIRECT COSTS
Treasury Ind.
Travel Schedule Travel Rate Indirect
· TravelerNendor Name Number Date Costs (%) Costs
FLORES, LUIS E. TM0093797 03/2112003 426.45 46.55% 198.51
TM0101775 04/1012003 334.30 46.55% 155.63
2,231.74 $1,038.91
HANSEN, SUSAN E. TM0095956 04/1412003 342.19 46.55% 159.28 -----
342.19 $159.28
MILLER, HERBERT E., JR. TM0080291 0210612003 432.96 46.55% 201.54 -----
432.96 $201.54
RICHARDSON, BRENITA TM0097264 03/28/2003 395.83 46.55% 184.25 ---------395.83 $184.25
Total Fiscal Year 2003 Travel Direct Costs: 4,456.97 $2,074.73
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
IAG, SCA,· Voucher Schedule Site Allocation Rate Indirect Misc.NO Number Date Amount Costs (%) Costs
OV98401896 ACH0400#2005 03/1812003 378 .. 11 0.00 46.55% 176.01
ACH0400#2009 0510112003 636.42 0.00 46.55% 296.25
ACH0400#2014 06/13i2003 2,031.90 0.00 46.55% 945.85
ACH0400#2017 07/10/2003 105.31 0.00 46.55% 49.02
ACH0400#2020 07/3012003 30.59 0.00 · 46.55% 14.24
ACH0400#2022 08/1212003 2.37 0.00 46.55% 1.10
ACH0400#2024 08/26/2003 120.10 0.00 46.55% 55.91
ACH0400#2026 09111/2003 9.28 0.00 . 46.55% 4.32.
Report_ Date: 09/0912004 • IFMS Reconciliation Pending
EPA Indirect Costs
• Section 27 -Page 15 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
JAG, SCA, Voucher Schedule Site Allocation Rate Indirect Misc.NO Number Date Amount · Costs (%) Co§ts
0V98401896 566000372A1 09/25/2003 875:01 0.00 46.55% 407.32
. 4,189.09 0.00 $1,950 02
68-D0-0267 06313765R1 12/24/2002 3,259.24 0.00 46.55% 1,517.18
06315083R1 12/30/2002 4,716.82 0.00 46.55% 2,195.68
06316797 02/04/2003 4,027.10 0.00 46.55% 1,874.62.
06317848 02/25/2003 5,794.04 0.00 46.55% 2,697.13
06319254R 03/31/2003 2,550.76 0.00 46.55% 1,187.38
06320457 05/01/2003 -11.92 0.00 46.55% -5.55
06321766 06/02/2003 266.81 0.00 46.55% 12420
06322837 06/26/2003 -16.99 0.00 46.55% -7.91
06323878 07/31/2003 -97.59 0.00 46.55% -45.43
06325740 08/28/2003 -65.23 0.00 46.55% -30.36
06326859 09/23/2003 -85.55 0.00 46.55% -39.82
20,337.49 0.00 $9,467.12
68-W0-0082 13164 06/11/2003 1,555.49 571.49 46.55% 990.11
13144 06/16/2003 · 270.52 99.39 46.55% 172.19
13183 06/17/2003 1,555.49 571.49 46.55% 990.11
13184 06/18/2003 1,082.08 397.56 46.55% 688.77
13205 06/18/2003 1,555.49 571.49 46.55% 990.11
6,019.07 2,211.42 $3,831.29
68-W0-0085 3MD1Y78 07/21/2003 1,275.00 468.44 46.55% 811.57
3MD1Y55 07/21/2003 1,190.00 437.21 46.55% 757.47
3MD1Y29 07/21/2003 2,040.00 749.50 46.55% 1,298.51
3MD1Y28 07/21/2003 1,530.00 562.13 46.55% 973.89
3MD1Y58 07/2112003 340.00 124.92 46.55% 216.42
6,375.00 2,342.20 $4,057.86
Report Date: 09/09/2004 · • • Section 27 -Page 16 of 31
IFMS Reconciliation Pending
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Contract,
IAG, SCA, Voucher
Misc.NO Number
68-W0-0087 103-3737
68-W0-0088 232483 .
68-W0-1009
68-W0-1034
68-W0-2014
68-W0-2067
3-29-016
3-29-021
3-30-016
3-30-021
3-31-021
3-31-016
3-32-021
3-32-016
23
24
25
26,
1051731
1052569
1052789
1052787
19509
19563
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
• Treasury
Schedule
Date
07/08/2003
07/22/2003
05/29/2003
05/29/2003
06/25/2003
06125/2003
07124/2003
07124/2003
09/05/2003
09/0512003
06/04/2003 ·
· 07103/2003
08/06/2003
09/0812003
09/1912003
0911912003
09/30/2003
09/30/2003
06/03i2003.
06/1112003
Site
Amount
1,785.00
1,785.00
1,466.25
1,466.25
742.45
1,292.81
2,799.66
1,582.29
2,019.71
7,338.69
794.61
3,823.32
20,393.54
112.73
3,117.17
5,342.10.
176.94
8,748.94
9,500.00
10,500.00
7,984.00
4,491.00
32,475.00
345.60
608.94
Annual/SMO Ind.
Allocation Rate Indirect
Costs (%) Costs ·
655.81 46.55% 1,136.20
655.81 $1,136.20
538.70 46.55% 933.30 -----538. 70 $933.30
939.01 46.55%
1,635.08 46.55%
3,540.87 46.55%
2,001.20 46.55%
2,554.43 46.55%
9;281.62 46.55%
1,004.98 46.55%
4,835.55 46.55%
25,792.74
· 41.42 46.55%
1,145.26 46.55%
1,962.70 · 46.55%
65.01 46.55%
3,214.39
0.00 46.55%
0.00. 46.55%
0.00 46.55%
0.00 46.55%
0.00
0.00 46.55%,
0.00 46,.55%
782.72
1,362.93
2,_951.52
1,668.11
2,129.26
7,736.75
837.71
4,030.70
$21,499.70
71.76
1,984.16
3,400.38
112.63
$5,568.93
4,422.25
4,887.75
3,716.55
2,090.56
$15,117.11
160.88
283.46
Report Date: 09109/2 004
• IFMS Reconciliation Pending •
Section 27 -Page 17 of 31
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID" A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind,
IAG,SCA, Voucher Schedule Site Allocation Rate Indirect
Misc.NO Number Date Amount Costs (%) Costs
" 68-W0-2067 20445 09/16/2003 1,160.00 0.00 46,55% 539.98
2,114,54 0.00 $984,32
68-W0-2068 232156 06/17/2003 1,642,20 603.35 46,55% 1,045,30 .
232157 06/1812003 1,701,00 624.95 46,55% 1,082.73
232153 06/18/2003 1,688.40 620.32 46.55% · 1,074.71
232154 06/23/2003 1,630.86 599.18 46.55% . 1,038.08
232155 06/23/2003 1,560.09 573.18 46.55% 993.04
232158 06/23/2003 714.00 262.33 46.55% _454.48
8,936.55 3,283.31 $5,688.34
68-W0-3018 30478 07/03/2003 3,220.80 1,183.33 46.55% 2,050.12
3,220.80 1,183.33 $2,050.12
68-W0-3019 30124 07/08/2003 5,638.32 0.00 46.55% 2;624.64
30105 07/08/2003 3,512.88 0.00 46.55% 1,635.25
30115 07/10/2003 3,298.86 0.00 46.55% 1,535.62
30114 07/15/2003 2,789.64 0.00 46.55% 1,298.58
30129 07/17/2003 4,084.83 0.00 46.55% 1,901.49
30128 07/17/2003 1,247.22 0.00 46.55% 580.58
. 30127 07/17/2003 2,686.32 0.00 46.55% 1,250.48
23,258.07 0.00 $10,826.64
68-W0-3021 13529 07/22/2003 8,820.90 3,240.83 46.55% 5,614.74
13531 07/22/2003 . 6,471.90 2,377.80 46.55% 4,1.19.54
13563 07/22/2003 2,592.00 952,31 46.55% 1,649.88
13530 0712212003 3,280.50 1,205.27 46.55%' 2,088.13
13534 07/22/2003 2,843.10 1,044.56 46.55% 1,809.71
13578 07/24/2003 2,899.80 1,065.40 46.55% · 1,845.80
13601 07/29/2003 3,564.00 . 1,309.42 46.55%• 2,268.58
13768 08/12/2003 162.00 59.52 46.55% 103.12
Report Date: 09109/2004
• IFMS Reconciliaiion Pending ·•
EPA Indirect Costs
Section 27 Page 18 of 31
WARD TRANSFORMER · NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
IAG, SCA, Voucher• Schedule Site Allocation Rate Indirect Misc.NO Number ·. Date Amount Costs (%) Costs
68-W0-3021 13769 08/12/2003 291,60 107.13 · 46.55% 185.61
13770 08/12/2003 510.30 187.49 46.55% · 324.82
13784 08/13/2003 1,611.90 · 592.22 46.55% 1,026.02
13783 08/13/2003 1,458.00 535.67 46.55% 928.05
15355 09/22/2003 5,478.55 2,01~.84 46.55% 3,487.24
39,984.55 14,690.46 $25,451.24
68-W0-3024 33041 06/30/2003 7,998.20 0.00 46.55% 3,723.16
33007 07/02/2003 3,910.58 0.00 46.55% 1,820.37
33040 07/08/2003 4,089.25 0.00 46.55% 1,903.55
33025 07/08/2003 3,403.89 0.00 46.55% 1,584.51
19,401.92 0.00 $9,031.59
68-W7-0026 154 12/19/2002 14,013.98 960.21 46.55% 6,970.49
158 01/15/2003 10,801.58 740.10 46.55% 5,372.65 ·
160 02/14/2003 604.70 41.43 46.55% 300.77
162 03/17/2003 9,852.01 675.04 46.55% 4,900.34
164 04/16/2003 9,320.90 638.65 46.55% 4,636.17
167 · 05/1612003 10,586.11 725.34 46.55% 5,265.48
169 06/19/2003 38,945.65 2,668.48 46.55% 19,371.38
170 07/15/2003 61,247.00 4,196.52 46.55% 30,463.96
172 08/13/2003 20,649.53 1,414.86 46.55% 10,270.97
173 09/12/2003 9,51948 652.26 46.55% 4,734.94
185,540.94 12,712.89 $92,287.15
A3BK0000118 436530 03/21/2003 1,027.22 0.00 46.55% 478.17 __ .......;_ -----
1,027.22 0.00 $478.17
• Report Date: 09/09/2004
.IFMS ReconciliaHon Pending
EPA Indirect Costs
• Section 27 -Page 19 ol 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4
Contract,
IAG,SCA,
Misc.NO -----
Voucher
Number
A3BK0000153 447082
A3BK0000173 461753
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Treasury
Schedule Site
Date • Amount
05/09/2003 1,095.00
1,095.00
06/10/2003 68.00
68.00
Total Fiscal Year 2003 Other Direct Costs:• 386,436.97
Annual/SMO Ind.
Allocation Rate Indirect·
Costs (%) Costs
0.00 46.55% 509.72
0.00 $509.72
. 0.00 46.55% 31.65 ---------0.00 $31.65
66,625.25 $210,900.47 ·
Total Fiscal Year 2003: 534,834.31 $248,965.28
Emgloyee Name
APPLEBY, CHARLES
BARRETT, DIANE FAYE
CAMPBELL, RICHARD R.
PAYROLL DIRECT COSTS
Fiscal
Year
2004
· 2004
2004 .
Pay
Period
03
04
10
11
02
04
15
16
20
22
Ind.
Payroll Rate Indirect
Co§!§ (%) Coll!S
291.86 46.55% 135.86
1,042.38 46.55% 485.23
547.72 . 46.55% 254.96
273.84 46.55% 127.47
2,155.80 $1,003.52
19.59 46.55% 9.12
48.94 46.55% 22.78
81.91 . 46.55% 38.13 ---------
150.44 $70.03
217.20 46.55%
190.05 46.55%
54.30 46.55%
101.11
88.47
. 25.28
Report Date: 0910912004
• IFMS Reconciliation Pending •
EPA Indirect Costs
Section 27 -Page 20 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/.1980 to 09/0912004
PAYROLL DIRECT COSTS
Ind.
Fiscal Pay Payroll Rate Indirect
Emr2lo)'.ee Name Year Period Costs (%) Costs
CAMPBELL, RICHARD R. 2004 23 54.30 46.55% 25.28
515.85 $240.14
CLAY, DAVID K. 2004 13 16.09 46.55% 7.49
14 16.09 46.55% 7.49
19 16.43 46.55% 7.65
24 .16.43 46.55% 7.65
65.04 $30.28
COLQUITT, DEBORAH A. 2004 05 28,16 46,55% 13.11 ---------
28.16 $13.11
DUTTON, SAMUELL. 2004 10 1,493.72 46.55% 695,33
11 2,862.96 46.55% 1,332.71
12 53.9.40 46.55% 251.09
4,896.08 $2,279.13
FLORES, LUIS E. 2004 02 446.03 46.55% 207.63
03 495.58 46.55% 230,69
04 396.46 . 46.55% 184.55
05 396.45 46.55°/~ 184:55
06 644.38 46.55% 299.96
07 594.67 46,55% 276.82
08 446.03 46.55% · 207.63
09 405.74 46.55% 188,87
10 101.45 46.55% 47.22 ·
11 912.94 46.55% 424.97
12. 405.75 46.55% 188,88
13 1,115.82 46.55% 519.41
14 912.94 46.55%• 424.97
15 880.50 46.55% 409.87
Report Date: 09/0912004
• IFMS Reconciliation Pending •
EPA Indirect Costs
Section 27 -Page 21 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Employee Name
FLORES, LUIS E.
HANSEN, SUSAN E.
HARVEY, JACQUELINE
HEALY.HELENA
HEY, ANDREW N.
Costs from 10/01/1980 to 09/09/2004
. PAYROLL DIR!;CT COSTS
Fiscal
Year
2004
2004
2004
2004
2004
. Pay
Period
16
17
18
19
20
21
22
23
24
11
12
03
04
09
11
13
14
15
17
18
19
01
02
Ind.
Payroll · Rate Indirect
· Costs (%) . Costs
984.07 46.55% 458.08
1,450.23 46.55% 675.08 ·
362.56 46.55% 168.77
1,243.06 46.55% 578.64
1,243.06 46.55'1/o 578.64
1,035.87 46.55% 482.20
673.32 . 46.55% 313.43
1,294.84 46.55% 602.75
2,123.54 46.55% 988.51
18,565.29 $8,642.12
55.08 46.55% 25.64
110.18 46.55% 51.29 ---------165.26 $76.93
124.06 46.55% 57.75
294.66 46.55% 137.16
32.46 46.55% 15.11
33.10 46.55% 15.41
66.21 46.55% 30.82
165.53 46.55% 7705
1,191.80 46.55% 554.78
182.08 46.55% 84.76
844.19 46.55% 392.97
297.95 46.55% 138.70
3,232.04 $1,504.51
26.51 46.55% 1234 ---------26.51 $12.34
80.84 46.55% 37.63
Report Date: 09/09/2004
• IFMS Reconciliation Pending
EPA Indirect Costs • Section 27 -Page 22 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10101/1980 to 09/0912004
PAYROLL DIRECT COSTS
Ind.
Employee Name
Fiscal Pay Payroll Rate Indirect
Year Period Costs (0/4) Costs
HEY, ANDREW N. 2004 04 323.39 46.55% 150.54
05 1,798.84 46.55% 837.36
06 1,798.96 46.55% 837.42
07 282.96 46.55% 131. 72
08 161.70 46.55% 75.27
10 248.36 46.55% 115.61
· 11 41.39 '46.55% 19.27
4,736.44 $2,204.82
HICKS, MATTHEW 2004 01 267.40 46.55% 124.47
.02 30.85 46.55% 14.36
05 514.22 46.55% 239.37
06 246.83 46.55% 114.90
07 277.68 46.55% 129.26
08 462.80 46.55% 215.43
09 885.85 46.55% 412.36
10 1,071.78 46.55% 498.91
11 · 306.22 46.55% 142.55
12 0.00 46.55% 0.00
13 218.73 46.55% 101.82
14 109.38 46.55% 50.92
15 134.03 46.55% 62.39
16 22.35 46.55% 10.40
17 23.02 46.55% 10.72
18 483.30 46.55% 224.98
19 1,127.71 46.55% 524.95
20 925.15 · 46.55% 430.66
21 456.42 46.55% 212.46
22 234.39 46.55% 109.11
23 1,023.84 46.55% 476.60
24 1,541.92 46.55% 717.76
1tl ":!&:::':I Q7 rt-.f '"'"" .f ... ,.. ' ... , ............. , .,P""t,UL~,.:,;u
Report Date: 0910912004 • IFMS Reconciliation Pendin,. ·
EPA Indirect Costs
Section 27 • Page 23 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE 10 = A4 S4
Employee Name
JACKSON, FELICIA G.
KOPOREC, KEVIN P.
LUETSCHER, GREGORY D.
MILLER, ANGELA R
MUSE, JANET K,
NORMAN, MICHAEL A.
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal Pay
Year Period
2004 13
. 2004
2004
2004
2004
2004
2004
14
15
07
09
14
15
17
20
21
05
15
13
16
20
14
15
Ind.
Payroll Rate Indirect
Costs (%) CQsts
34.65. 46.55% 16.13
34.65 46.55% 16.13
1,247.43 46.55% 580.68
1,316.73 $612.94
544,61 46,55% 253,52
77.32 46.55% 35,99
1,984.45 · 46.55% 923.76
37368 46,55% 173.95
103,10 46.55% 47.99
618.53 46.55% 287,93
154.63 46.55% 71.98
3,856.32 $1,795.12
55.16 46.55% 25,68
5516 $25,68
79.40 46,55% 36,96 ---------79.40 $36,96
68,17 46,55% 31,73 ---------
68:17 $31,73
60.25 46,55% 28,05
60.25 46,55% 28,05 ---------
120,50 S56.10
1,171.97 46.55%,
372,91 46,55%
545.55
173.59
Report Date: 09/0912004 • IFMS Reconciliation Pending
EPA Indirect Costs • Section 27 • Page 24 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
EmQloy:ee Name
OSTEEN, WILLIAM N.
REVELL, DENNIS G.
REVELLS, HERBERT L
RICHARDSON, BRENITA
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Fiscal
Year
2004.
2004
2004
2004
Pay
Period
17
20
13
07
08
02
03
04
05
06
09
10
11
12
13
14
15
16
17
18
19
20
21
22
Ind.
Payroll Rate Indirect
{;;osts (%) .Costs
852.35 46.55% 396.77
213.08 46.55% 99.19
2,610.31 $1,215.10
190.06 46.55% 88.47
0.00 46.55% 0.00 ------~-'-
190.06 $88.47
271.44 4'6.55% 126.36
814.33 46.55% 379.07 -----1.085.77 . $505.43
147.31 46.55% 68.57
73.66 46.55% 34.29
331.45 46.55% 154.29
386.70 46.55% 180.01
110.49 46.55% 51.43
432.43 46.55% 201.30
169.22 46.55% 78,77
614.75 46.55% 286.17
2,113.19 46.55% 983.69
2,368.97 46.55% 1,102.76
470.04 46.55% 218.80
2,266.87 46.55% 1,055.23
1,383.18 46.55% 643.87
806.86 46.55% 375.59
. 422.63 46.55% · 196.73
268.95 46.55% 125.20
1,844.24 46.55% 858.49
730.01 46.55% 339.82
1,575.29 46.55%, 733.30
Report Date: 09/0912004
• IFMS Reconciliation Pending •
Section 27 -Page 25 of 31
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
PAYROLL DIRECT COSTS
Ind.
Fiscal. Pay Payroll Rate Indirect
EmQloyee Name Year Period. Cost§; (%} CQsts
RICHARDSON, BRENITA 2004 23 960.54 46,55% 447.13
17,476.78 $8,135.44
STILMAN, TERRY ·. 2004 . 24 874.67 46.55% 407.16 -----874.67 $407.16
TAYLOR, HAROLD W. 2004 . 11 132.59 46.55% 61.72 -----132.59 $61.72
TURNER, NARDINA 2004 04 79.40 46.55% 36.96 ---------79.40 $36.96
WRIGHT, KATHLEEN 2004 23 57.48 46.55% 26.76 ---------57.48 $26.76
Total Fiscal Year 2004 Payroll Direct Costs: 72,904.12 $33,936.88
TRAVEL DIRECT COSTS
Treasury Ind.
Travel Schedule Travel Rate Indirect
TravelerNendor Name Number Date Costs (%}. Costs
BARRETT, DIANE FAYE TM0202346 06/07/2004 82:19 46.55% 38.25
82.19 $38.25
CAMPBELL, RICHARD R. · TM0242591 09/02/2004. 177.20 46.55% 82.49 -----
177 .20 $82.49
Report Date: 09/09/2004
• IFMS Reconciliation Pendin-
Section 27 -.Page 26 of 31
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
TRAVEL DIRECT COSTS
Treasury
Travel Schedule
TravelerNendor Name Number Date ~~~~~~~~----
FLORES, LUISE. TM0241526 08/17/2004
HARVEY, JACQUELINE TM0201739 04/21/2004
TM02167 44 0610212004
HICKS, MATTHEW TM0187852 03/23/2004
· JACKSON, FELICIA G. TM0201495 04/23/2004
MILLER, ANGELA R. · TM0204285 05/10/2004
RICHARDSON, BRENITA TMOH!9958 03/19/2004
TM0200620 04/28/2004
STILMAN, TERRY TM0239731 08/17/2004
Ind.
Travel Rate Indirect
Costs (%) Cgsts
407.96 46.55% 189.92
407.96 $189.92
817.64 46.55% 380.62
170.41 46.55% 79 32 -----988.05 $459.94
811. 79 46.55% 377.89 -----811.79 $377.89
999.27 46.55%
999.27
465.16 ,
$465.16
100.91 46.55% 46.97 ---------100.91 $46.97
947.57 46.55% 441.10
918.91 46.55% 427.75 '------
1,866.48 $868.85
339.36 46.55% 157,98 -----339.36 $157.98
Report Date 0910912004
• IFMS Reconciliation Pending •
Section 27 -Page 27 of 31
EPA lnd_irec,t Cm,ts.
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
TRAVEL DIRECT COSTS
TravelerNendor Name
Treasury
Travel Schedule
Number Date
Ind.
Travel Rate Indirect
Ccists (%) Costs
WILLIS, DIANNE TM0201758 04/23/2004 849.64 46.55% 395.50
849.64 $395.50
Total Fiscal Year 2004 Travel Direct Costs: 6,622.85 $3,082.95
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
!AG, SCA, Voucher Schedule Site Allocation Rate Indirect Misc.NO Number Date Amount Costs (%) Costs
OV98401896 ACH0400#2030 10/17/2003 · 67.63 0.00 46.55% 31.48
ACH0400#2032 11/03/2003 574.23 0.00 46.55% 267.30
ACH0400#2034 11/12/2003 44.04 0.00 4655% ----20.50 _ ..
ACH0400#2036 11/28/2003 540.20 0.00 46.55% 251.46
ACH0400#2038 12/16/2003 43.59 0.00 46.55% 20.29
ACH0400#2040 01/20/2004 . 1,315.03 0.00 46.55% 612.15
ACH0400#2042 01/30/2004 1,166.88 0.00 46.55% 543.18
ACH0400#2044 02/12/2004 90.51 . 0.00 46.55% 42.13
ACH0400#2046 02126/2004 907.84 0.00 46.55% 422.60
ACH0400#2048 03/12/2004 69.59 0.00 46.55% 32.39
ACH0400#2050 04/16/2004 943.99 0.00 46.55% 439.43
ACH0400#2052 04/23/2004 1,895.20 0.00 · 46.55% 882.22
ACH0400#2056 05/10/2004 138.65 0.00 46.55% 64.54
ACH0400#2058 06/02/2004 1,593.67 0.00 46.55% 741.85
ACH0400#2060 06/10/2004 122.32 0.00 46.55% 56.94
ACH0400#2062 07/01/2004 901.27 0.00' 46.55% 419.54
ACH0400#2064 07/13/2004 69.21 0.00 46.55% 32.22
ACH0400#2066 07/28/2004 . 1,00149 0.00 46.55% 466.19
ACH0400#2068 08/13/2004 76.91 0.00 46.55% 35.80
11,562.25 · 0.00 $5,382.21
Kepon uate: u1,11u;;1;,uu4
• lFMS Reconciliation Pending •
Section 27 -Page 28 of 31
EPA Indirect Costs
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
IAG, SCA, Voucher Schedule Site Allocation Rate Indirect
Misc.NO Number Date Amount Costs (%) Cost§
3R0191NTEX M802589 02/05/2004 6,022.25 0.00 46.55% 2,803.36
6,022.25 0.00 $2,803.36
68-D0-0267 06328779R 10/3112003 -31.87 0.00 46.55% -14.84
06330714R 1211812003 -2.77 0.00 46.55% -1.29
06337438 0412712004 11.32 0.00 46.55% 5.27
-23.32 0.00 $-10.86
68-W0-0082 17321· 01/2112004 202.89 74.54 46.55% 129.14
17322 01121/2004 . 223.15 81.99 46.55% 142.04
426.04 156.53 $271.18
:!
68-W0-1009 3-33-016 10/02/2003 620.08 784.25 46.55% 653.72
3-34-016 10/31/2003 2,170.10 2,744.64 46.55% 2,287.81
4-35-027 11126/2003 832.30 1,052.65 46.55% 877.44
4-36-021 12/3012003 843.14 1,066.36 46.55% 888.87
4-36-027 12130/2003 3,819.08 4,830.19 46.55% 4,026.24
4-37-021 02/0512004 4,233.57 5,354A1 46.55% 4,463.20
4-37-027 02105/2004 3,345.06 4,230.67 46.55% · 3,526.50
4-38-027 03/03/2004 3,078.01 3,892.92 46.55% 3,244.97
4-40-027 04128/2004 784.05 991.63 46.55% 826.58
19,725.39 24,947.72 $20,795.33
68-W0-1034 27 10/02/2003 3.13.89 115.32 46.55% . 199.80
28 11/07/2003 14.60 5.36 46.55% 9.29
31 02/05/2004 1,136.99 417.73 46.55% 723.72
1-1 02/06/2004 180.99 66.50 46.55% 115.21
1-2 03/04/2004 · 33.74 12.40 46.55% 21.48
\
Report Da!e: 0910912004
• IFMS Reconciliation Pending •
EPA Indirect Costs
Section 27 • Page 29 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
. Costs from 10/01 /.1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, . · Treasury Annual/SMO Ind.
IAG, SCA,· Voucher Schedule Site Allocation Rate Indirect Misc.NO Number Date Amount Costs (%) . Costs
68-W0-1034 1-4 05/05/2004 48.34. 17.76 46.55% 30.77
1,728.55 635.07 $1,100.27
68-W0-2014 1053895 10/16/2003 3,992.00 0.00 46.55% 1,858.28
1053352 10/16/2003 5,988.00 0.00 46.55% 2,787.41
1054866 01/02/2004 10,479.00 0.00 46.55% 4,877.97
1056947 01/30/2004 9,960.00 0,00 46.55% 4,636.38
1056971 02/17/2004 3,486.00 0,00 46.55% 1,622.73
1057341 02126/2004 4,482.00 0,00 46.55% 2,086.37
1058092 03/23/2004 2,988.00 0.00 46.55% 1,390.91
1058091 03/23/2004 9,960.00 0.00 46.55% 4,636.38
51,335.00 0.00 $23,896.43
68-W0-3021 17335 01/21/2004 3,794.04 1,393.94 46.55% 2,415.00
. 17320 01121/2004 324.00 119.04 46.55% 206.24
17353 01/2612004 3,464.37 1,272.82 46.55% 2,205.16
17447 02/06/2004 139.32 51.19 46.55% 88.68
17446 04/14/2004 1,080.54 396.99 46.55% 687.79
17280 04/14/2004 1,428.84 524.96 46.55% 909.49
10,231.11 3,758.94 $6,512.36
68-W7-0026 175 10/15/2003 18,744.59. 1,284.34 46.55% 9,323.47
177 11/20/2003 22,448.20 1,538.11 46.55% 11, 165,63
179 12/19/2003 7,816.84 535.59 46.55% 3,888.06
180 01/21/2004 36,199.12 2,480.29 46.55% 18,005.27
181 02/20/2004 28,314.60 . 1,940.06 46.55% 14,083.54
182 03/24/2004 26,131.52 1,790.48 46.55% 12,997.69
183 04/21/2004 34,617.74 2,371.94 46.55% 17,218.70
1872 05/20/2004 850.32 58.26 46.55% 422.94
184 · 05/2012004 22,653,98 1 ;552.21 46.55% 11,267.98
io6 0a;2512004 45,621.50 <'.')c A,..,,:' t'>f"> ..i, t~,.J.(J;;; 46.55%.1 22,69i.9 i
190 07/15/2004 1,297.91 88.93 46.55% 645.57
Report Date: 09/09/2004
• IFMS Reconciliation Pending •
EPA Indirect Costs
Section 27 -Page 30 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4
Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
·IAG, SCA, Voucher Schedule Site Allocation Rate Indirect
Misc.NO Number Date Amount Costs (%) Costs
68-W7-0026 191 07/16/2004 21,164.96 1,450.18 46.55% 10,527.35
192 08/20/2004 21,651.85 1,483.54 46.55% 10,769.52
193 08/20/2004 346.52 23.74 46.55% 172.36
287,859.65 19,723.56 $143, 1.79.99
A4BK0000053 516747 12/12/2003 34.00 0.00 46.55% 15.83 ---------
34.00 0.00 $15.83
A4BK0000068 524575 · 01/08/2004 34.00 0.00 46.55% 15.83 ---------
34.00 0.00 $15.83
A4BK0000085 532477· 02/03/2004 1,465.00 0.00 46.55% 681.96 ---------
1,465.00 0.00 $681.96
A4BK0000126 .545657 04/01/2004 500.00 0.00 46.55% 232.75 ---------
500.00 0.00 $232.75
A4BK0000147 559257 05/03/2004 1,046.85 0.00 46.55% 487.31 ---------
1,046.85 0.00 $487.31
Report Date: 09/09/2004
• IFMS Reconciliation Pending •
EPA Indirect Costs
Section 27 -Page 31 of 31
WARD TRANSFORMER NC, RALEIGH, NC SITE ID== A4 S4
. Costs from 10/01/1980 to 09/09/2004
OTHER DIRECT COSTS
Contract, Treasury Annual/SMO Ind.
IAG, SCA, Voucher Schedule Site Allocation Rate Indirect Misc.NO. Number Date Amount Costs (%) Costs
A4BK0000151 560867 05/07/2004 1,124.00 0.00 46.55% 523.22
1,124.00 0.00 $523.22
Total Fiscal Year 2004 Other Direct Costs: 393,070.77 49,221.82 $205,887.17
Total Fiscal Year 2004: 521,819.56 $242,907.00
Total EPA Indirect Costs $499,618.80