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HomeMy WebLinkAboutNCD003202603_20100523_Ward Transformer_FRBCERCLA RMVL_Removal Action 4 of 4-OCRNCD003202603 Ward Tra.nsfot••ner Removal Action, 4of4 Mag24,20LO • Attachment E List of Potentially Responsible Parties • • Ward Transformer, Inc. North Carolina Superfund Site PRP List Mr. Robert E. Ward, lil, President Ward Transformer Sales & Service, Inc. Ward Transformer Company, Inc. Ward Ventures, L. L. C. Reward Properties, L. L. C. 6720 Mount Herman Road Raleigh, NC 27612 Mr. Alfred Allsbrook 2442 Whites Mill Road Sumpter, SC 29153-8642 Mr. James Jura, General Manager Associated Electric 2814 S. Golden Avenue Springfield, MO 65807 Mr. Lynwood Scott, Director Director of.Safety & Env. Quality Bassett Furniture Industries, Inc. 3525 Fairystone Park Highway Bassett, VA 24055 Mr. Richard Gerrard, President Beta Marine 11702 Highway 306 Arapahoe, NC 28510 Mr. J. Brett Harvey, President Site ID #A4S4 Bishop Coal Company, n/k/a CONSOL Energy, Inc. Consolidated Coal, n/k/a CONSOL Energy, Inc. Itmann Coal Company, n/k/a CONSOL Energy, Inc. Consol Plaza, 1800 Washington Road Pittsburgh, PA 15241-1421 Mr. Robert McGehee, President C.P. & L., a/k/a Carolina Power & Light, d/b/a Progress Energy Carolinas (Raleigh & Gamer, NC) 410 S Wilmington Street Raleigh,. NC 27601-1748 • Mr. Brian Campbell, Owner Campbell Electrical, a/k/a Brian Campbell Electric 2582 Highway 24 Newport, NC 28570 Honorable E. Thomas Messier Mayor, City of Bedford 215 East Main Street Bedford, VA 24523 Honorable John Peyton Mayor, City of Jacksonville I 17 W. Duval St. 4th Floor City Hall at St. James, Suite 400 Jacksonville, FL 32202 Mr. Bill Cotter, Owner Cotter Electric, a/kla The Cotter Electric Equipment Co., a/k/a River Electric Company (Royal Oak & Howell, MI) 160 Catrell Drive · Howell, Ml 48843 Custom Electrical Products 5 I 41 Nonh 35th Street Milwaukee, WI 53209 Mr. Michael Anderson, President Decco, a/k/a Donovan Engineering & Construction Co., Inc. 4 Preston Coun Bedford, MA 01730 Mr. Edward Duff 2915 Tower Road Huntington Valley, PA 19006-5013 · Mr. Mike Rogers, General Manager Eddy Electric Motors, a/kla Eddy Electric Motor Company, Inc. 115 Water Street Southington, CT 06489 • Mr. William C. Hopkins Electric Motor Service • .1727 Shadybrook Road Charleston, WV 25314-2269 Mr. Terrence Reilly, CEO Empire Electric, a/k/a Empire Electric Company, Inc. 1613 63rd Street Brooklyn, NY 11204 Mr. Dan McNaull, President Fireland Electric Coop, a/k/a Firelands Electric Cooperative Inc I Energy Place New London, OH 44851 Mr. Richard Lenny, President Hershey Foods, a/k/a Hershey Foods Corporation 100 Crystal A. Hershey, PA 17033-0810 Mr. Alan Kem, President International Power Machine Company, a/k/a Intematinal Power Machinery Company 834 Terminal Tower Cleveland, OH 44113 Mr. Michail Zurowski, President Jet Electric Motors 688 School Street Pawtucket, RI 02862 Mr. John Zvolensky, Jr., President Kuhlmon Electric, a/k/a Kuhlman Elec'tric Corporation 101 Kuhlman Boulevard Versailles, KY 40383 Mr. John Darby, President Niagara Transformer, a/k/a Niagara Transformer 1747 Dale Road Buffalo, NY 14225 J • • Mr. Richard Frank Parkersburg Industrial Park d/b/a Camden Group, Ltd. 350Madison Avenue New York, NY 10017 Ida Pomerantz, Owner Paul Oberman & Company l New Ballas Place, Apt. # 536 St. Louis, MO 63146-8706 Mr. Jerry Hickman, Safety Supervisor Pocahontas Fuel, a/k/a Pocahontas Fuel <;:ompany Division of Consol, Inc. 627 Claypool Hill Mall Road Cedar Bluff, VA 24609 Mr. Gene Froehling, President Porter Electric, a/k/a Lakeland Engineering Equipment Company (Hopkins & Minneapolis, MN) 5735 Lindsay Street Minneapoiis, MN 55422 R. B. Electric, a/k/a R & B Electric Ltd 2439 Hudson Avenue Cincinnati, OH 45212 Mr. John Davis, President Sho Me Power Corporation 30 l W. Jackson Street Marshfield, MO 65706 Mr. James Langford, Vice Presideni Standard Sand & Silica Company 1850 L:. S. Highway 17-92 North Davenport, FL 33837-8608 Mr. Jim Duncan, CEO & General Manager Sumter Electric, a/k/a Sumter Electric Cooperative, Inc. 330 North U.S. Highway 301 Sumterville, FL 33585-5352 • • :vtr. J. Brian Ferguson, Chairman and CEO Tennessee Eastman, a/k/a Eastman Chemcial Company 100 N. Eastman Road Kingsport, TN 37660 Joanne Gallagher, President Thunder Bay Manufacturing, a/k/a Thunder Bay Manufacturing Corporation 666 McKinley Avenue Alpena, Ml 49707 Honorable Leroy Pond Mayor, Town of Salamanca 4295 Center Street Extension Salamanca, NY 14779 Mr. John Britt, President Transpower Company, a/k/a Transpower, Inc. 2011 Middle Road Fayetteville, NC 28301 Mr. Oswald -J. Zeringue President and COO TVA, a/k/a Tennessee Valley Authority (Muscle Shoals, AL) 400 W. Summit Hill Drive Knoxville, TN 37902-1499 Mr. Jay Johnson, President Vepco, a/k/a Virginia Electric and Power Company 701 E. Cary Street Ruthman, VA 23219 WYE Electric 107 Jefferys Drive Newport News, VA 23601-3021 5 • • • Attachment F Volumetric Ranking Report ,-Warcr Transformer Volumetric Ranking Report (Sorted bt Oil Quantity in Descending Order} PRPName Oil (Gals.) Transformers Switch Gears Regulators Circuit Breakers Electric Equipment Company, a/k/a Electric Equipment of New York, Inc. 47,883 85 24 3 2 Hany Schwartz 24,561 41 2 3 liberty Motor & Machine Company, afk/a liberty Motor and Machinery Company 17,446 73 4 R E. Electric, a/kla R & B Electric ltd 13,685 12 5 2 5 G & S Electic Motors 13,394 23 6 Eas',ern Transformer 7,704 4 7 TV/.., a/k/a Tennessee Valley Authority (Muscle Shoals, AL) 7,205 10 • 8 C.P & L., a/k/a Carolina Power & Light, d/b/a Progress Energy Carolinas 6,776 39 9 Cotler Elecinc, a!k/a The Cotter Electric Equipment Company, a/kla River Electric 4,614 9 Company (Royal Oak & Howell, Ml) 10 Schwartz Company 3,888 6 11 City of Jacksonville 3,765 12 Bl'Sliop Coal Comp~ny, n/k/a CONSOL Energy, Inc. 3,550 5 13 Kut-lmon Electric, alk/a Kuhlman Electric Corporation 2,965 14 Ed ,)ulf 2,380 3 15 Jans, Inc. (Summitt & Chicago, IL) 2,274 9 16 Pavl Oberman & Company 2,080 2 17 Ge11eral Waste Products 1,905 18 Bro 1drin Brown 1,715 2 19 International Power Machine Company, all<Ja lntematlnal PClller Machinery Company 1,700 20 FirEland Electric Coop, a/kia Fire/ands Electric Cooperative Inc. 1,520 4 • 21 M01se Electric, alkla Morse Electric Company, Inc, 1,480 22 Rernvery OIi Field Equipment, a/kla Recovery Oit Company, Inc, 1,314 3 23 Campbell Electrical, a/k/a Brian Campbell Electric 1,267 12 24 Hairy Schwartz 1,207 6 25 Ele::t;ica! World, Inc. 1,129 2 26 C.P. & L., alk/a Carolina Power & Light, dlb!a Progress Energy Carolinas (Raleigh & 1,064 4 Gainer, NC) 27 Tm-m of Salamanca 989 28 AS'.;ociated Electric 981 7 29 !tm1nn Coal Company, n/k/a CONSOL Energy, Inc. 900 3 30 Cu ;tom Electrical Products 892 2 10114/2004 8:52:15 PM Page 1 of 3 DRAFT 4 .PRP Name Oil (Gals.} Transformers Switch Gears Regulators Circuit Breakers 31 Jet Electric Motors 875 4 32 Tri State Armature & Electric 631 3 33 Shn Me PO\Ver Corporation 795 3 34 Vepco, afk/a Virginia Electric and Power Company 756 3 35 Sol Tex Enterprise 690 36 Alfred Allsb;oo~ 628 37 Swnter Electric, a/k.la Sumter Electric Cooperative, Inc. 600 2 38 Ele,lrlcal Equipment Company (Raleigh, NC) 586 39 C011tinental Transformer Company 553 3 2 40 Pa1kersburg Industrial Park 550 41 Cit;• of Bedford 544 • 42 Tennessee Eastman, ai1<fa Eastman Chemcia! Company 539 3 43 Bw Ungton Industries 520 2 44 Consolidated Coal, n/k/a CONSOL Energy Inc, 513 45 WYE Electric 450 46 Edily Electric Motors, aMa Eddy Electric Motor Company, Inc. 412 47 Heishey Foods, a/k/a Hershey Foods Corporation 410 2 48 Niagara Transformer, a/k/a Niagara Transformer Corporation 315 3 49 E!e::tric Motor Service 300 50 Potter Electnc, afk/a Lakeland Engineering Equipment Company (Hopkins & Minneapolis, 274 M~) 51 G ,:~ s Motor Equipment Co, 273 6 52 DMco, a/k/a Donovan Engineering & Construction Co., Inc. 263 53 Ba:,sett Furniture 250 54 Thimder Bay Manufacturing, afl<Ja Thunder Bay Manufacturing Corporation 245 • 55 M.P, Ballard 180 3 56 Err pire Electric, a!k/a Empire Electric Company, Inc. 177 3 57 Po•;ahontas Fuel, a/k/a Pocahontas Fuel Company -Division of Consol, Inc. 166 58 Ste ndard Sand & Silica Company 120 59 Be',a Marine 111 3 60 Ba'.timore Gas & Electri~ Company 104 61 un·on Electric, d!b/a AmerenUE 99 62 E. ', DuPont de Nemours (Gibbstov-m, NJ) 90 3 63 D, W. Sink 80 64 Sa:n Davis 62 65 Oo-Jg Sink 51 10114/20')4 6:5215 PM Page 2 of 3 DRAFT 66 Bu!falo Efectic Motors 67 Dix:':e Ume & Stone 58 Tarnpa Cold Storage Warehouse, afkla Tampa Cold Storage and Warehouse Corporation 69 Te>·asGulf, nlkfa Potash Corporation of Saskatchewan, Inc, 70 Ma·co Metal Trading 71 Men Co., a/k/a MEM Property Management Carporatlon 72 Paul PerJ)', Jr. 73 Soby 74 Potter Electric & Machinery, afk/a Lakeland Engineering Equlpmenf Cotnpany 75 Niagara County Water District 75 J.E. Berger 77 P. :). Electric & Gas, a/k/a Public Service Electric and Gas Company 78 Kai;;:er Afumlnum, a/k/a K.aiser Aluminum Corporation 79 Commonwealth Electric, a/k/a Commonwealth Electric of Minnesota, Inc. BO Canton Met.al, alkla Canton Sheet Metal & Roofing 81 Tn: nsformer Sales 82 CoJer Electric 83 Hu ;tsvitle Utilities, a/k/a City of Huntsville Electric, Natural Gas and Water Systems 84 Ch copee Manufacturing, a/k/a Polymer Group, Inc. 85 Bob Keyner Total Oil (Gals.}: Total ·iranformers: Total :>witch Gears: Total Regulators: Total 1;ircuit Breakers: 10114120)4 8:52:15 PM 195.645 443 45 17 B Page 3 of3 Oil (Gals.) Transformers 2 5 3 2 Switch Gears 2 Regulators Circuit Breakers • • DRAFT •• Attachment G SBREFA Fact Sheet • SEPA • United States Environmental Protection Agency • Office of Enforcement and Compliance Assurance (2201A) EPA 300-F-03-001 October 2003 -,;;:1,...-,. -a '· '$ ,: •-~• r•.:i~ ' -·,: ' , •• • •• • ' , ' • • •' ~~•• ! • ..-.,·'. · ~' 1-, '·· '.' :. \.: ·:: ·' • ., • • • ,\ '. i;Y'·:--·-~.tl~:fs·: ·1:PA compliance A~sistan~e· R~~6~rc~~ r~~~~:--:-~ · i·~(~r}J~;::-_ . .~ - . . ·. -... ' I _ . . .... ~-.· , . -:· .. ·-,,:• ·. ··. ~:•.;· !. . If you own a business, the United States Environmental Protection Agency (EPA) offers a variety of compliance assistance and tools to assist you in complying with federal and state environmental laws. These resources can help you understand your environmental obligations, improve compliance and fincl cost-effective ways to comply through the use of pollution prevention ancl other innovative technologies. Hotlines, Helplines and Clearinghouses · EPA sponsors approximately 89 free hotlines and clearing- houses that provide convenient c1ssistance regarding environmental requirements. The National Environmcntul Comp!i<rnce Assistance Clearinghouse provides quick c1ccess to compliance assis- tance tools, contacts, and planned nctivities from the U.S. EPA, statss, and other compliance assistance providers: www.epa.gov/clcBrir'1g house Pollution Prevention Clearingtiouse WV✓-W. epc1. gov/ opp tin tr/Ii brary/f)pici nclex. htrn i:::_PA's Sm.ill 8usincss Ombudsman Hotline provides regulatory ond technical c1ssistc1nce information. (800) 368-5888 Emergency Planning ;md Community Right~To-Know Act (880) 424-9346 Nat:onat Response Center (to report oil and h~zardous sub- stance spills) (800) 424-8802 Toxics Substances and Asbestos lt1formation (202) 554-1404 Safe Drinking Water (800) ,126-4791 Stratospheric Ozone Refrigerants Information (800) 296-I 996 Clean Air Technology Center (919) 541-0800 Wetlands Helpline (~00) 832-7828 Re cycled/Recy c I able Printed with Soy,'Canola ink on paper that contains at least 30% post consumer fibl!r EPA Websites EPA has several Intern el sites lhat provide useful compli- ance assistance information and materials for small busin.esses. If you don't have access to the Internet at your business, many public libraries provide access to the Internet at minimal or no cost. EPA's Home Page VNAV.epa.gov Small Business Assistance Program VNJW.epa.gov/ttn/sbap Compliance Assistance Home Page W.WJ.epa.gov/cornplic1nce/assistance Office of Enforcement and Compliance Assurance www.epa.gov/compliance Innovative Programs for Environmental Performance www.epa.gov/po rtners Small Business Ombudsman www.epa.gov/sbo Compliance Assistance Centers In partnership with industry, universities, and other federal and state agencies, EPA has established Compliance Assistance Centers (Centers) that provide infonmation targeted to industries with many small businesses. All Centers can be accessed at hlip:/lwww.assistancecenters.net Metal Finishing (1-800-AT-NMFRC or www.nmfrc.org) Printing (1-888-USPNEAC or www.pneac.org) Automotive Service and Repair (1-888-GRN-L!NK or www.ccar-greenlink.org) Agriculture ( 1-888-663-2155 or www.epa.gov/agricelture) Printed Wiring Board Manufacturing (1-734-995-4911 or www.pwbrc.org) Chemical Industry (1 ·800-672-6048 or www.chemal>ia.1ce.org) Transportation Industry (1-888-459-0656 or www.transource.org) Paints and Coatings {1-800-286-6372 or v.,ww.pain:cente·.cr0) Construction Industry ( 'NWw.cicacenter.org) Automotive Recycling Industry (vvww.ecarcenter.org) US/ Mexico Border Environmental Issues ( w1N1N. borderce n ter. org) State Agencies Many state agencies have established compliance assis- tance programs that provide on-site and other types of assistance. Contact your local stale environmental agency for more information or call EPA's Small Business Om- budsman at (800)-368-5888 or visit the Small Business Environmental Homepage at http:liwv.w.smallbiz- enviroweb.orglstate.html. Compliance Incentives EPA provides incentives for environmental compliance. By participating in compliance assistance programs or voluntarily disclosing and promptly correcting violations before an enforcement action has been initiated, busi• nesses may be eligible !or penalty waivers or reductions. EPA has two policies that potentially apply to small businesses: The Small Business Policy (http:// • www.epa.gov/complianceflncentiveslsmallbus.aess) and Audit Policy (http://www.epa.gov/complianceiincentivesl auditing). Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement Fairness Act (SBREFA) established an ombudsman ("SBREFA Ombuds• man") and 10 Regional Fairness Boards to receive comments from small businesses about federal agency enforcement actions. The SBREFA Ombudsman will annually rate each agency's responsiveness to small businesses. If you believe that you fall within the Small Business Administration's definition of a small business (based on your North American Industry Classification System (NAICS) designation, number of employees or annual receipts, defined at 13 C.F.R. 121.201; in most cases, this means a business with 500 or fewer employees), and wish to comment on federal enforce• ment and compliance activities, call the SBREFA Ombudsman's toll-free number at 1-888-REG-FAIR (Hl88- 734-3247). Every small business that is the subject of an enforcement _or compliance action is entitled to comment on the Agency's actions without fear of retaliation. EPA employees are prohibited from using enforcement or any other means of retaliation against any member of the regulated community because the regulated community previously commented on its activities. Your Duty to Comply If you receive compliance assistance or submit comments to the SBREFA Ombudsman or Regional Fairness Boards, you still have the duty to comply with the law, including providing timely responses to EPA information requests, administrative or civil complaints, other enforcement actions or communications, The assistance Information and comment processes do not give you any new rights or defenses in any enforcement action. These processes also do not affect EPA's obligation lo protect public health or the environment under any of the environmental statutes it enforces, including the right to take emergency remedial or emergency response acl,ons when appropriate. Those decisions will be based on the facts in each situation. The SBREFA Ombudsman and Fairness Boards do not participate in resolving EPA's enforcement actions. Also, remember that to preserve your rights, you need to comply with all rules governing the enforcement process. EPA is disseminating this information to you without making a determination that your business or organization is a small business as defined by Section 222 of the Small Business Regulatory Enforcement Fairness Act (SBREFA) _or related provisions. • •• UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FE0ERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303·8960 NOTICEffiEMAND LETTER URGENT LEGAL MATTER PROMPT REPLY NECESSARY October 20, 2004 VIA FEDERAL EXPRESS NEXT DAY DELIVERY Mr. J, Brett Harvey, President Bishop Coal Company, n/k/a CONSOL Energy, Inc. Consolidated Coal, n/k/a CONSOL Energy, Inc. Itmann Coal Company. n/k/a CONSOL Energy, Inc. Consol Plaza, I 800 Washington Road Pinsburgh, PA 15241-1421 Re: Notice/Demand Letter for lhe W:,rd Transformer Superfund Site in Raleigh. Wake County, North Carolina Dear Mr. Harvey: The·United States Environmental Protection Agency r'EPA.') has d0,;umented that a release or threm of release of hazardous substances, pollutants or contamrnants into the environment has o,xurred at the Ward Transformer Superfund Site Cthe Site") located in Raleigh, Wake County, Nonh C<1rolina. EPA has spent and is considering spending additional public funds to investigate and control releases of hazardous substanc-:.s or potential relea,cs of hazardous substances at the Site. Based on information presently available to EPA, EPA has determined that Bishop Coal Company, n/k/a CONSOL Energy, Inc., Consolidated Coal, n/k/a CONSOL Energy, Inc .. and Itmann Coal Company, n/k/a CONSOL Energy, Inc. (hereinafter "CONSOL''), may be responsible under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") for cleanup of the Site or costs EPA has incu1Ted in cleaning up the Site. The purpose of this letter is to: (I) notify you of CONSOL's potential liability as defined by Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), as amended, that it may have incurred with respect to the above-referenced Site; (2) notify you of the opportunity to perform the removal action outlined below; (3) demand 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 you in the negotiation process; specifically, a draft Administrative Order on Consent ·and Enforcement Action Memorandum. tntemat Address (URL)• http:llwww.epa,go.v P;;:u:ve!M_yo,.r:'i'•:1Jt:lr> •~:;"!"':"will: V<!(!Hlahh) Dil Ail~•,<l lnk,; Oil l-lec>;C.JE:u r'~t'/ ,Mirnft!UH! JI.Fi<,• t"u;:,\..,..,,,.,.,,,, .. .,,,; . , • • Explanation of Potential Liability Under CERCLA, specifically Sections l06(a) and 107{a), potentially responsible parties ("PRPs") may be required to perform cleanup actions to protect the public health, welfare, or the en·,ironment. PRPs may also.be responsible for costs incurred by EPA in cleaning 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 at 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 CONSOL may be liable under Section l07(a) of CERCLA with respect to the Ward Transformer Superfund Site, as an arranger, who by contract or agreement, arranged for the disposal, treatment or transportation of hazardous substances at the Site. Information related to CONSOL's potential liability is enclosed . as Attachment A. Background To date, EPA and the State of North Carolina have taken several response actions al the Site under the authority 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 resultof 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. · In 1993, EPA conducted an emergency removal investigation at the Site and concluded that PCB contamination was not above emergency removal levels but did necessitate further remedial investigations of the Site. In May 1993 the Site was listed on CERCLJS . NCDEi'IR 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 2 .. • • • • • • • • • • 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 ESl ~ampli1,g 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 104 of CERCLA seeking information as pan 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 part 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. 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 3 • • Action Memorandum, enclosed with this letter as Attachment B, EPA has selected a removal action for the Site which is designed to address the current unacceptable risks at the Site. Settlement Negotiations Based on an extensive review of records related to the release and/or disposal of hazardous substances at the Site, EPA identified CONSOL as three 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, CONSOL 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 l 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 CONSOL, other PRPs, and EPA for implementation of the removal action. . During this 30-day period, CONSOL and the other PRPs are invited to participate in formal negotiations with EPA in an effort to reach a settlement to conduct or finance a portion of the remcval action at the Site and to reimburse EPA for its costs incllrred to date. Specifically, EPA is asking CONSOL to conduct or finance the portion of the removal action detailed in Section Y.A.J.b) of the enclosed Enforcement Action Memorandum. The 30-day negotiation period ends on November 22, 2004. The 30-day negotiation period will be extended for an additional thirty (30) days if PRPs provide EPA with a "good faith offer" to conduct or finance the removal action and reimburse EPA for its costs incurred to date. If EPA determines that CONSOL's 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 within the 60-day period, the settlement will be embodied in an Administrative Order on Consent for a Removal Action. If a "good faith offer" is not received within thirty (30) days, or a timely settlement cannot be reached, EPA may take 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_ I 07 of CERCLA against CONSOL and/or the other PRPs; or (2) EPA may issue a Unilateral Administrative Order ("UAO") to CONSOL and/or the other PRPs under Section 106(a) of CERCLA; 42 U.S.C. § 9606, requiring CONSOL 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. Good Faith Offer A draft Administrative Order on Consent, enclosed as Attachment C, and an Enforcement Action Memorandum, enclosed as Attachment B, are provided with this letter to assist CONSOL in developing a "good faith offer." As 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 4 • • offer" to conduct or finance the removal action is a written proposal that demonstrates the PRPs' qualifications and willingness to conduct or finance the removal action and includes the following elements: • A stalerntnt of willingness by the PRPs 10 conduct or finance a removal action that is consistent with the draft Administrative Order on Consent enclosed as Attachment C and Section V.A. I .b) of the Enforcement Action Memorandum and provides a sufficient basis for further negotiations; • 'A paragraph-by-paragraph response to EPA's draft Administrative Order on Consent; • A detailed description of the work plan identifying how the PRPs plan to proceed with the work; • A demonstration of the PRPs' technical capability to carry out the removal action, 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' capability to finance the removal action; • A statement of willingness by the PRPs to reimburse EPA for costs incurred in overseeing the PRPs' conduct of the removal action; and • The name, address. and phone number of the pany or steering committee who will represent the PRPs in negotiations. Demand for Reimbursement of Costs · As detailed above, EPA has already taken cena.in response actions and incurred cenain costs in response 10 conditions al the Site in accordance with Section 104 of CERCLA, 42 U.S.C. § 9604. With this letter, EPA demands that CONSOL reimburse EPA for its costs incurred to date, and encourages CONSOL to voluntarily negotiate a consent order in which it and other PRPs agree to perform the removal action at the Site. . EPA is seeking to recover from CONSOL and 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) ofCERCLA, EPA hereby makes a demand for payment from CONSOL and other PRPs for the above amount plus all interest authorized to be recovered under Section 107(a). A summary of these costs is enclosed as Attachment D. 5 • • 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 CONSOL falls within that category, please contact Matthew L. Hi-:ks, Ass0~iate Regional Counsel, at (404) 562-9670 for infonnation 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 information about CONSOL's finances, and CONSOL will be asked to submit financial records including business federal income tax returns. If EPA concludes that CONSOL has 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 it. Some or all of the costs associated with this notice may be covered by current or past insurance policies issued to CONSOL. Most insurance policies will require that companies timely notify their canier(s) of a claim against them. To evaluate whether CONSOL should notify its insurance carrier(s) of this demand, you may wish to review curre·nt and past policies, beginning with the date of CONSOL's first contact with the Ward Transformer 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 CONSOL files for protection in a bankruptcy court, CONSOL must include El'A as creditor, because EPA has a potential claim against it. 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 _CO~SOL, other PRPs, and EPA ar 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 Infonnation Meeting on Monday, November 1, 2004, at l 0:00 a,m., at the following location: U.S. Environmental Protection Agency, RegiQn 4 Sam Nunn Atlanta Federal Center, Atlanta Room, 3"' Floor 61 Forsyth Street, SW Atlanta, Georgia 30303 In order to assist the PRPs in developing a reasonable allocation of responsibility, EPA has prepared a Volumetric Ranking Report which is included as part of the infonnation enclosed with this letter as Attachment A. EPA recognizes that the allocation of responsibility among PRPs may • • be difficult. If PRPs are unable to reach consensus 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 CONSOL in responding to this letter, but your review should not delay such response beyond the 30-day period provided by CERCLA. PRP Response and EPA Contact Person. CONSOL must contact EPA by November IO, 2004, to indicate its willingness to participate in future negotiations concerning this Site. CONSOL may respond individually or through a steering committee if such a committee has been formed. If EPA does not receive a timely response, EPA will assume that CONSOL does not wish to negotiate a resolution of its liabilities in connection with the Site, and that it has declined any involvement in performing the response activities. CONSOL's 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 61 Forsyth Streei, SW Atlanta, Georgia 30303 (404) 562-8807 The factual and legal discussions in this letter are intended solely to provide notice and information, and such discussions are not to be construed as a final EPA position on any matter set forth herein. Due to the seriousness of the environmental and legal problems posed by the conditions at the Site, EPA urges that CONSOL give immediate attention arid prompt response to this letter. 7 • • 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 h11p://www .epa.!wv/swerosps/bf/sblrbra.htm and review EPA guidances regarding these exemptions at http://www.epa.gov/compliance/ resourceslpolicies/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 A.ssistance Centers which offer various forms of resources to small businesses. You may inquire about these resources at www.cpa.rnv. In addition, the EPA Small Business Ombudsman may be contacted at www.epa.,rov/sbo. Finally, EPA developed a fact sheet about the Small Business Regulatory Enforcement Fairness Act ("SBREFA"), which is enclosed with this letter as Attachment F. If CONSOL ]1as any questions regarding the technical aspects of this letter, please contact Luis Flores, Remedial Project Manager, at (404} 562-8807. lf CONSOL has an attorney handling its legal matters, please direct his or her questions to Matthew L Hicks, Associate Regional Counsel, at (404) 562-9670. My staff and I look forward to working with you in the coming weeks. Sincerely, ~:~;J rd'""~b/ •," / .•. ~ranklin E. Hill, Chief ~ Superfund Remedial and Site Evaluation Branch Enclosures (6} cc: Jack Butler, NCDENR (via U.S. mail) 8 • • Attachment A Evidence of Potential Liability Volumetric Ranking Report _..... ~-......... , War1] Transformer Volumetric Ranking-Report (Sorted ty Oil Quantity in Descending Order) PRP Name Etedric Equipment Company, a/k/a Electric Equlpment of New York, lnc, 2 Har y Scnwartz 3 libE rty Motor & Machine Company, afi,Ja Liberty Motor and Machinery Company 4 R, fl. Electric, a/k/a R & B Electric ltd 5 G & S Electic Motors 6 Ea;:tem Transformer 7 TVI\, a/k/a Tennessee Valley Authority (Muscle Shoals, AL) B C,F _ & L., alk/a Carolina Power & light, d/b/a Progress Energy Carolinas 9 Cot:er Electric, a/k/a The Cotter Electric Equipment Company, a/k/a 'River Electric Co1-1pany (Royal Oak & Howell, Ml} 10 Sct,wartz Company 11 City of Jacksonvtlle 12 sIs·1op Coat Company, n/kia CONSOL Energy, Inc. 13 Ku!ilmon Electric. a/k/a Kuhlman Electric Corporation 14 Ed Ouff 15 Jar's, Inc. (Summitt & Chicago, IL) 16 Pai 11 Oberman & Company 17 Ge 1eral Waste Products 18 Brcadrin Brown 19 lnt,:mational Power Machine Company, a/k/a !nternatina! Pa.ver Machinery Company 20 Fimland Electric Coop, alkla Ffrelands Electric Cooperative Inc. 21 Mo;se Electric, a/kfa Morse Electric Company, Inc, 22 Re:overy Oil Field Equipment, a/k.la Recovery Oil Company, Inc. 23 Ca npbell E rectrical, alkta Brian Campbell Electric 24 Hiny Schwartz 25 ElEctrica! Wortd, Inc. 26 C.P. & L, a/k/a Carolina Pov.ier & Light, d/b/a Progress Energy Carolinas (Raleigh & Gamer, NC) "Z7 TO'vn of Salamanca 28 As ;ociated Electric 29 ltrrann Coal Company, nlkla CONSOL Energy, Inc, 30 Custom Electrical Products 10114/20)4 8:52:15 PM Page 1 of3 Oil (Gals.) 47,883 24,561 17,446 13,885 13,394 7,704 7,205 6,776 4,614 3,888 3,765 3,550 2,965 2,380 2,274 2,080 1,905 1,715 1,700 1,520 1,480 1,314 1,267 1,207 1,129 1,064 989 981 900 892 Transformers 85 41 73 12 23 4 10 39 9 6 5 3 9 2 4 3 12 2 4 7 3 2 Switch Gears Regulators Circuit Breakers 24 3 2 5 2 • 2 • 6 DRAFT -. ;:-;-:.RP Name Oil (Gals.) Transformers Switch Gears Regulators Circuit Breakers 31 Je1 Electric Motors 875 4 32 Tri State Armature & Electric 831 3 33 Sh•) Me Power Corporation 795 3 34c Vepco, alk/a Virginia Electric and Power Company 756 3 35 So! Tex Enterprise 690 36 Alr.ed Allsbrook 628 37 Sumter Electric, all<'Ja Sumter Electric Cooperative, Inc. 600 2 38 Electrical Equipment Company (Raleigh, NC) 586 39 Co1ltinental Transformer Company 553 3 2 40 Pai kersburg lndustrlal Park 550 41 Ci~1 of Bedford 544 • 42 Tennessee Eastman, a!k/a Eastman Chemcial Company 539 3 43 Bui !ington Industries 520 2 44 Co 1solidated Coal, ntkla CONSOL Energy Inc. 513 45 W\'E Electric 450 46 Eddy Electric Motors, a/kla Eddy Electric Mo1or Company, Inc. 412 47 He ·shey Foods, aik/a Hershey Foods Corporation 410 2 48 Ni>2gara Transformer, a/k/a Niagara Tri3nsformer Corporation 315 3 49 E!i;ctric Motor Service 300 50 Po;ter Electric, a/k/a Lakeland Engineering Equipment Company{Hopkins & Minneapolis, 274 MM) 51 G :1 s Motor Equipment Co. 273 6 52 De ;co, alkla Donovan Engineering & Construction Co., Inc. 263 53 Ba ;sett Furniture 250 54 Th1mder Bay Manufacturing, a/k/a Thunder Bay Manufacturing Corporation 245 • 55 M.J::l. Ballard 180 3 56 Empire Electric, a/k/a Empire Electric Company, Inc. 177. 3 57 Po-:ahontas fuel, aik/a Pocahontas Fuel Company-Division of Consol, Inc. 166 5B Sli,ndard Sand & Silica Company 120 59 Sela Marine 111 3 60 Ba·timore Gas & Electric Company 104 61 Union Electric, d/b/a AmerenUE 99 62 E. i. DuPont de Nemours {Glbbstown, NJ) 90 3 63 D. W. Sink 80 64 San Oavis 62 65 OoJg Sink 51 10l14120l4 8:52:15 PM Page 2 of 3 DRAFT 56 BuHalo E!ectic Motors 67 Dix e Lime & Stone 68 Ta1o1:pa Cold Storage Warehouse, a/kfa Tampa Cold Storage and Warehouse Corporation 69 Te>asGulf, rvk/a Potash Corporation of Saskatchewan, Inc. 70 Ma1co Metal Trading 71 Men Co., atk/a MEM Property Management Corporation 72 Pa\ll Perry, Jr. 73 Sol 1y 74 Porter Electric & Machinery, a/k/a Lakeland Engineering Equipment Cornpany 75 Nla Jara County Water District 76 J. E'. Berger 77 P. ;;, Electric & Gas, aMa Pubtic Service Electric and Gas Company 78 Kai ;er Aluminum, a/k/a Kaiser Aluminum Corporation 79 Commonwealth Electrlc, a/k/a Commonwealth Electrtc of Minnesota, Inc, 80 Canton Meta!, a/kla Canton Sheet Metal & Roofing 81 Trcnsformer Sales 82 co1ter Electric 83 Huntsville Utilities, a/k/a City of Huntsville Electric, Natural Gas and Water Systems 84 Chicopee Manufacturing, a/k/a Polymer Group, Inc. 85 Bob Keyner Total Oil (Gals.): Total w•ranformers: T otat ftwitch Gears: Total l?egulators: Total Circuit Breakers: 10/14i20·l4B:52:15 PM 195,645 443 45 17 8 Page 3 of 3 Oil (Gals.) Transformers 2 6 3 2 Switch Gears Regulators Circuit Breakers 2 • DRAFT • • Attachment B Enforcement Action Memorandum • • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 4WD-SRSEB OCT 1 B 2004 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 Rrrteigh, Nonh 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 repon 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 EP A's Superfund Remedial and Site Evaluation Branch in July 2004 for a removal assessment. II. SITE CONDITIONS AND BACKGROUND: CERCLIS ID Number: NCD 003 202603 Removal Category: Time-Critical Removal Action A. Site Description: 1. Removal Evaluation: The Site consists of an active facility owned by \Yard Transformer Company, Inc., and operated by Ward Transfonner Sales and Services, Inc. It was built on .. • • 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 I ,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. · 2 • • Storm Water 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 lagoor: 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 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 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, s_o that access to the lagoon is not completely restricted. J • • 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. • . 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 mnoff 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 confinned. • 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 Transfonner Site was proposed to be included in the National Priorities List (NPL) on 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 (ATSDR) is conducting its Public Health Assessment for this Site. B. Other Actions to Date: I. Previous Actions: • A Remedial Investigation/Feasibility Study (RIJFS) information meeting was conducted by EPA and A TS DR 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 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 Nonh 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: I. · 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 eriough 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 lo Public Health or \Velrare: 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.s 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 -·. 6 • • 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 :.\nd non-can;::e,-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. -Sec/ion 300.415 (b)(2)(iii) Hazardous substances or polluta11ls 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. • Section 300.415 (b)(2)(iv) High levels of hazardous substances or pollutants or co11tamina11ts ill soils largely at or near the S11rface that may migrate. Elevated lcvels 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 I, 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 l 60 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 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 tbt 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 populations, animals, or the food chain from hazardous substances or pollutants·or contaminants. Eleva_ted 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/sedi_ments 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 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 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 co11taminants 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 co11ditio11s./hat may cause hazardous s11bstances or pollutants or contami11a11/s 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 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. PllOPOSED 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 managemenl/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 storm water lagoon. • • b) Contamination Removal (i) Further delineate and remove soil with concentrations exceeding l ppm PCB, from all areas NOT effectively controlled by the storm water managemc,nt/spill control syste1n; (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 lo Remedial Performance The proposed removal action is necessary to address the threats discussed in Section ID which meet the NCP Section 300.415 (b) (2) removal criteria. lf 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 Requiremenl~ (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 ARARs 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. 10 • 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 J 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 l recommend your approval of the proposed action. b {Approval)#~ 4 ;,~Date:J"~ /j; .2. fl()7' {Disapproval) _____________ Date: Winston A. Smith, Director Waste Management Division Attachment J • • Attachment C Draft Administrative Order on Consent I . • • UNITED ST A TES ENVIRONMENTAL PROTECTION AGENCY REG10N4 IN TilE MA TIER OF: Ward Transfonner Superfund Site Raleigh, Wake County, North Carolina Ward Transformer Company, Inc., Ward Transformer Sales and Service, Inc., Ward Ventures, L.L.C., Reward Properties, L.L.C., and (see Appendix C), Respondents ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION U.S. EPA Region 4 CERCLA Docket No. Proceeding Under Sections 104, l06(a), 107 and l 22 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622 I. II. Ill JV. V. YI. Yll. YW. lX. X. XL Xll. xm. XlV. XV. XYJ. XVII. xvm. XlX. xx. XXL XXII. XXIJJ. XXIV. XXV. XXYL XXYll. xxvm. XXIX. XXX. XXXL • • 2 TABLE OF CONTENTS JURISDICTION AND GENERAL PROVISIONS ......................... 3 PARTIES BOUND ............................................. 3 DEFINITIONS ................................................ 4 FINDINGS OF FACT ........................................... 6 CONCLUSIONS OF LAW AND DETERMINATIONS .................... 11 OWffi ........................................ : .......... 12 DESIGNATION OF CONTRACTOR, PROJECT COOWINATOR, AND REMEDIAL PROJECT MANAGER ......................................... 12 WORK TO BE PERFORMED ..................................... 13 SITE ACCESS AND INSTITUTIONAL CONTROLS ..................... 16 ACCESS TO INFORMATION .................................... 20 RECOW 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 COVENANTNOTTOSUEBYEPA ............................... 28 RESERVATIONS OF RIGHTS BY EPA ............................. 29 COVENANT NOT TO SUE BY RESPONDENTS ....................... 30 OTI-JERCLAIMS ............................................. 31 CONTRIBUTION PROTECTION .................................. 31 lNDEMNIFICA TION ........................................... 31 INSURANCE ................................................ 32 FINANCIAL ASSURANCE ...................................... 32 MODIFICATIONS ............................................ 33 ADDITIONAL REMOVAL ACTIONS ............................... 34 NOTICE OF COMPLETION OF WORK ......................... · ..... 34 SEVERABILITY/lNTEGRATION/ 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 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 ce1tain response costs incurred by the United States at or in connection with the property located near the Raleigh Durham lntemational 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 "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 North 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 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 IV and V of this Order. Respondents agree to comply with and be bound by the terms of this Order and fu1ther 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 III. DEl•INITlONS 8. Unless 01he1wise expressly provided herein, tenns 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 tenns 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 XXXl. e. "EPA" shall mean !he United States Environmental Protection Agency and any successor departments or ageneies of the United States. f. "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 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 1 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 1 of each y~ar. 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 105 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 po11ion 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. §§ 6901, et seq. (also known as the Resource Conservation and Recovery Act). p. "Respondents" shall mean those parties identified in Appendices Band 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 I I 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 I) any "hazardous substance" under Section IO I (14) of CERCLA, 42 U.S.C. § 9601 (14); 2) any pollutant or contaminant under Section • • 6 l 01 (33) of CERCLA, 42 U.S.C. § 960 l (33); 3) any "solid waste" under Section l 004(27) of RCRA, 42 U.S.C. § 6903(27); and 4) any "hazardous material" under Section l 30A-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 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 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 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 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 elect1ical 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 po11ion 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 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. 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. • • 7 d. Respondeni, 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 ur.til 1997. In 1997, Respondent, Ward Transformer Sales and Service, 11:c., 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 Airport and Respondent, Ward Ventures, L.L.C., own parcels along the unnamed tributary that nows 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 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 subsu1face 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 1,700 ppm were found in the western portion of the facility where transformers, construction debris, and scrap metal are stored (Transformer Storage Area). Soils with PCB concentrations of up to 230 ppm were also discovered in areas outside of the facility property 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 po11ions 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. • • 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 :.\re 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 migra1ion 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 pmtion 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 l 978 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 efnuent 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). • • 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 S_ection 11 of TSCA. 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(c) of TSCA and regulations promulgated pursuant to that section. Count J of the complaint alleged that Ward Transfonner Company, Inc., failed to maintain 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 admining 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 I 12, promulgated pursuant to Section 31 IU) of the Clean Water Act, 33 U.S.C. Section 132JU). 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 contaminlltion 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 L1ndfill and Recycling Center in Kernersville. North Carolina. • • JO On February 6, 1995, No11h 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 Aprill, 1995, Ward's incinerator permit was revised to.reclassify the i1°cinerator 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 3 I, 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 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 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 (ESI). In February I 997, 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 octachlorobidcnzofuran. 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 104 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 part of a Remedial Investigation/Feasibility Study (RJ/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. • • l I On August 9, 2004, EPA conducted a removal assessment of the Site and determined that a cun·ent unacceptable 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 a11ached to this Order as Appendix A. V. CONCLUSIONS OF LA \V AND DETERMINATIONS JO. 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 Sire, 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 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: i. Respondents Ward Transformer Company, Inc., 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 I 01 (20) of CERCLA, 42 U.S.C. § 9601(20), and within the meaning or Section J07(a)(I) or CERCLA, 42 U.S.C. § 9607(a)(I). u. Respondents Ward Transformer Company, Inc., and Ward Transformer Sales and Service, Inc., were the "owners" and/or "operators" of the facility at the time of disposal of hazardous substances al the facility, as defined by Section 101(20)'of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of Section l 07(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(2). 1u. Respondents listed in Appendix B.2 atTanged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment of hazardous substances at the facility, within the • • 12 meaning of Section I 07(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 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) 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 can'ied out in compliance with the tem1s 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, ii 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 S 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 .it 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. lf EPA disapproves of a selected contractor, Respondents shall retain a different contractor and shall notify EPA of that contractor's name and qualificmions within 10 days ofEPA'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, 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)" {EPAl240/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. lf 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 Respondenis' 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 Sile 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 wrillen notice. VIII. WORK TO BE PERFORMED 15. Respondents shall perform, at a minimum, all actions necessary to implemenl Section V.A.Lb) of the Action Memorandum/Enforcement. Respondents shall perform the actions listed in Section V.A.Lb) of the Action Memornndum/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.J .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 descnbed in Paragraph l 5 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 (QAJR-5)" (EPA1240/B-01/003, March 2001), and "EPA Guidance for Quality Assurance Project Plans (QAJG-5)" (EPA1600/R-98/0l8, Febrnary 1998). b. EPA may approve, disapprove, require revisions to, or modify the draft Work Plan in whole orin pan. If EPA requires revisions, Respondents shall submit a revised draft Work Plan within 10 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 incorpormed 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 • • 14 developed hereunder until receiving w1itten EPA approval pursuant to Paragraph 16(b). 17. Health and Safety Pim:. 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). ln addition, the plan shall comply with all cun-ently 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. 18. Quality Assurance and Sampling. a. All sampling and analyses performed pursuant to this Order shall conform to EPA direclion, 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 pa11icipates 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. ln 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 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 (QNR-2) (EPA/240/B-01/002, March 200 I)," or equivalent documenlation 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 perfo1ming data collection and/or analysis. I 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. • • 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(1) cf 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. Reporting. a. Respondents shall submit a wrilten 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 pas! or anticipated problems. b. Respondents shall submit 5 copies of all plans, reports or other submissions required by !his 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 at the Site shall, at least 30 days prior to the conveyance of any interest in real property a~ the Site, give wrinen notice 10 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 Infonnation). 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 fmth in Section 300.165 of the NCP entitled "OSC Reports" and with "Superfund Removal Procedures: Removal Response Reporting-POLREPS and OSC Repons" (OSWER Directive No. 9360.3-03, June I, I 994). The final repon shall include a good faith estimat_e 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 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 submilted is tnie, 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-Sile 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 IO 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 transponation. Respondents shall notify the state in ~hich 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 substnnces, 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. § 962l(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 propeny where access and/or land/water use restrictions are needed to implement this Order, is owned or controlled by Respondents, Respondents shall: u. 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: • • 17 (I) Monitoring the Work; (2) Verifying any data or informatio,i 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 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 prope,ty, 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 representatives, and/or (iii) other appropriate grantees. Within 30 days of EPA's request for an easement, Respondents shall submit 10 EPA for review and approval with respect lo such property: (I) A drafl 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 encumbrnnces). 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 ro 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 ce11ified 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. Departmem 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 10 implement this Order, is owned or controlled by persons 01her than Respondents, Respondents shall use bes! 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 10, 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 • • 19 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 ne:essary 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 property: (1) A draft easement that is enforceable under the laws of the State of North Carolina, and (2) a cutTcnt 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 arid 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 I 5 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 lo 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 ce11ified 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 resLriction agreements required by Paragraphs 24.a or 24.b of this Order are not obtained within 45 days of the Effective Dale of this Order, (b) any access easements or restricLive easements required by Paragraph 24.c of this Order are not submitted to EPA in draft forp1 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 atlempt to comply with • • 20 Paragraph 23 or24 of this Order. EPA may, as it deems appropriate, assist Respondems in obtaining access or land/water use restrictions, either in the form of contractual agreements or in the form of easements 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 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. ACCESSTOINFORMATJON 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 lo the Work. Respondents shall also make available 10 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 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 104(e)(7) of CERCLA or 40 C.F.R. Part 2, Subpart B, the public may be given access 10 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 • • 21 the Respondents assen such a privilege in lieu of providing documents, they shall provide EPA and the State with the following: l) the title of the document, record, or information; 2) the date of the document, record, or information; 3) the name and tiile of the author of the document, record, or infotmation; 4) the name and title of each addressee and recipient; 5) a desci-iption of the contents of the document, record, or information; and 6) the privilege assened 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, monitoting, hydrogeologic, scientific, chemical, or engineering data, or any other documents or information evidencing conditions at or around the Site. XI. RECORD RETENTION 32. Until 10 years after Respondents' receipt of EPA's notification pursuant to 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 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 to performance of the Work. 33. At the conclusion of this document retention period, Respondents shall notify EPA and the State at least 90 days ptior 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 assen that ce11ain documents, records and other information are privileged under the attorney-client ptivilege or any other privilege recognized by federal law. If Respondents assen such a privilege, they shall provide EPA or the State with the following: l) 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 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 • • requests for information pursuant to Scctions,l04(c) and I 22(e) of CERCLA, 42 U.S.C. §§ 9604(e) and 9622(e), and Section 3007 of RCRA, 42 U.S.C. § 6927. Xll. COMPLIANCE \¥1TH 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 l 2l(e) of CERCLA, 42 U.S.C. § 6921 (e), and 40 C.F.R. §§ 300.400(e) and 300.41 S(i). In accordance with 40 C.F.R. § 300.41 S(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 10 EPA approval. XIII. EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES 36. In the evem 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 heal!h 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#), l-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 (404) 562-8807 and the National Response Center at (800) 424-8802. 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 reoceurrence of such a release. This reporting requirement is in addition to, and not in lieu of, reporting under Section 103{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. XJV. 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 S 1,573,084.06 for Past Response Costs. Payment shall be made to EPA by Electronic Funds Transfer ("EFI'") in accordance with cun-ent.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. 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 ! ! 'h Floor, Superfund Enforcement and Information Management Branch Waste Management Division 61 Forsyth Street, SW Atlanta, Georgia 30303 Matthew L. Hie ks 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 . • • 24 40. Pavments for Future Response Costs. a. Respondents shall pay EPA all Future Respanse Costs not inconsistent with the NCP. On a periodic basis, EPA will send Respondents a bill requiring payment that includes a SCORPIOS Rcp01t, which shall serve as the basis for payment demands. Failure lo 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 30 days of receipt of each bill requiring payment, except as otherwise provided in Paragraph 42 of 1his Order. b. Respondents shall make all payments required by this Paragraph by Electronic Funds Transfer ("EFf") 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 Sile, 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 virtue of Respondents' failure to make timely payments under this Section, including but not limited to, payment of stipulated penahies pursuant to Section XVill. 42. Respondents may displlle all or part of a bill for Future Response Costs submilled 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 forth 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. Jf 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. • • 25 XVI. DISPUTE RESOLUTION 43. Unless ::;therwisc expressly provided for in this Order, the cispute 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 JO 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 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 part of this Order. If the Parties 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 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 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 bm 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 not 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 Memorand!.!m!Enforcement. 47. lf any event occurs or has occu!l'ed 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 to be taken to prevent or mitigate the delay or the effect of the delay; Respondents' rationale for attributing such delay to a force majeure event if they intend to assert such a claim; and a statement as to whether, J • • 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 asset1ing any claim of force majeure for that event for the period of ti.•!le 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 atuibutable to a force majeure event, the time for performance of the obligations under this Order that are affected by the force 111ajeure 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. lfEPA does not agree that the delay or anticipated delay has been or will be caused by a force majeure event, EPA will notify Respondents in writing of its decision. If EPA agrees thal 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 fot1h 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 • • 27 b. Types of Noncompliance (I) Failure to timely submit the deliverable, set fonh 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 ponion of any Future Response Costs as provided in Section XV. 51. If Respondents fail to submit a progress repon 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 fai I to submit and, if necessary, modify progress repons. 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 ponion 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 Vlll (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 • • 28 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 accordan~e with current EFr 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 Roming Transit Number l I l-0000-12. It should also reference the EPA docket numher for this action, the identity of the Site and Site Number A45 l. 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 Jnterest 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 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 106(b) and 122(1) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(1), and punitive damages pursuant to Section 107(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 !07(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. Notwithstandmg 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 10 sue or to take administrative action against Respondents pursuant to Seetions 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 XVlll of this Order. This covenant not to sue is conditioned upon the complete and satisfactory perfom1ance 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. • • 29 XX. RESERVATIONS OF RIGHTS HY 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 pr0tec1 public health, welfare, or the environment or 10 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. Funher, 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 IO perform additional activities pursuant to CERCLA or any other applicable law. 62. The covenant no110 sue set fonh in Section XIX above does not pel1ain to any matters other than those expressly identified therein. EPA reserves, and this Order is without prejudice 10, all rights against Respondents with respect to all other matters, including, bu! not limited to: a. claims based on a failure by Respondents lo 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 incu1Ted or to be incurred by the Agency for Toxic Substances and Disease Registry related to the Site. 63. Work Takeover. Jn the event EPA determines that Respondents have ceased implementation of any pol1ion 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 ponion 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 • • 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 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 l 06(b )(2), I 07, 111, I I 2, 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 lJ.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 96 J 3, 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 fonh in Paragraphs 62 (b), (e), 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. § 961 I, or 40 C.F.R. § 300.700(d). 66. Respondents agree not to assen 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 l l O 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 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 Waivers) and Section XIX (Covenant Kot 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 ofCERCLA, 42 U.S.C. §§ 9606 and 9607. 69. Ko 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) ofCERCLA, 42 U.S.C. § 9613(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 l l 3(f}(2) and l 22(h)(4) of CERCLA, 42 U.S.C. §§ 9613([}(2) and 9622(11)(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 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 lo this Order for indemnification, contribution, or cost recovery. XXIV. INDEMNIFICATION 71. Respondents shall indemnify, save and hold harmless 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. ln 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, • • 32 employees, agents, contractors, 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 pm1y to any contract entered into by or on behalf of Respondentr. in c,m-ying out activ;ties 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 consul! 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 Slates, arising from or on account of any contract, agrceme111, 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 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 p,ior 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 $1,000,000, combined single limit. Within the same time period, Respondents shall provide EPA with certificates of such insurance and a copy of each insurance policy. In addition, for the duration of the Order, Respondents shall satisfy, or shall ensure that their contractors or subcontractors satisfy, all applicable laws and regulations regarding the provision of worker's compensation insurance for all persons perfo,ming the Work on behalf of Respondents in fu11herance of this Order. If Respondents demonstrate by evidence satisfactory to EPA that any contractor or subcontractor maintains insurance equivalent to that described above, or insurance coveting some or all of the same risks but in an equal or lesser amount, then Respondents need provide only that portion of the insurance described above which is not maintained by such contractor or subcontractor. XXVL F'INANCJAL ASSURANCE 75. Within 30 days of the Effective Date, Respondents shall establish and maintain financial security in the amount of$ 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 le~st 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(f). lf Respondents seek to demonstrate their\1bilily 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 infonnation required by 40 C.F.R. Part 264.143([) annually, on the anniversary of the Effective Date. In the event that EPA determines at any time that ttie 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 financial ability to complete the Work shall nm 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. ln the event of a dispute, Respondents may change the fonn 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 pennission to deviate from any approved work plan or schedule, Respondents' Project Coordinator shall submit a written request lO 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 fonnal approval required by this Order, or to comply with all requirements of this Order, unless it is formally modified. XXVIIJ. 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 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 eonfonn to the applicable requirements of Section Vlll (Work to Be Performed) of this Order. Upon EPA's approval of the plan pursuant to Section VU1, 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 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 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 notiee. Failure by Respondents to implement the approved modified Work Plan shall be a violation of this Order. XXX. SEVERABJLITY/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 Parties with respect to the settlement embodied in this Order. The pai1ies acknowledge that there are no representations, agreements or understandings relating lo the selllemenl other than those expressly contained in this Order. The following appendices are . attached lo and incorporated into this Order: A, B, C, and D. XXXJ. EFFECTIVE DA TE 86. This Order shall be effective on the date the Order is signed by the Regional Administrator or his/her delegatee. The undersigned representativc(s) of Respondents cenify(ies) that it (they) is (are) fully authorized to enter into the terms and conditions of this Order and to bind the par1y(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 dcsignee) Region (Number) U.S. Environmental Protection Agency EFFECTIVE DA TE: __ _ • • APPENDIX A ACTION MEMORANDUM/ENFORCEMENT • • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 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 purpose of this Action Memorandum is to request and document approval of the proposed removal ac.tion described herein for the Ward Transformer Site (the Site) in Raleigh, 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 EP A'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. Sile 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 ;,\;,:,7,,;,; :-v,;;.;;;,;:,;'.; {',}'.',~:,. ~.!'!;;J'":',<;•_•:.':':'?.~V Recvcled/'Aacyc/abl~ ~ Pnn!ed w1!h Vegeiaolt Oil Based Jr.ks on Recyclecl Paper iMinimvrn :.i-0% Ft::oh:vi,surr:,;,r) • • 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 downgraclient. Surface water samples, sediment samples, fish samples, groundwc.ter 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 conrnmination :it the facility. Uncontrolled surface water run-oIT 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 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 Water 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 u th1eat 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 Caroiina. The Site is located 600 feet south of the Northern Wake Expressway (outer loop), !000 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 Tributal)' to Little Brier Creek originates at the facility and descends through moderate to steep topography into Little Brier Creek approximately 1 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 speeies 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 rele.ise of hazardous rnt>stances 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 1he S1orm 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 National Priorities List (NPL) on September 5, 2002 and was made final on April 30, 2003. As required for all NPL sites, the Agency for Toxic Substances and Disease Registry (ATSDRJ is conducting its Public Health Assessment for this Site. · B. Other Actions to Date: 1. Previous Actions: • A Remedial Investigation/Feasibility Study (RI/FSJ information meeting was conducted by EPA and A TSDR on March 13, 2003. The meeting was held at the Morrisville Commerce Building in Morrisville, Nonh 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 pan of this second phase, additional fish and sediment samples will be collected from areas down gradient 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 propeny 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), Nonh Carolina Occupational and Environmenial 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: • NCDE'.'JR conducted the initial site investigations including a Preliminary Assessment (PA), Site Inspection (SI) and Expanded Site Inspection (ESD 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 Depanment 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 \Velrare: 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 11earby human populations, animals, or the food chai11 from hazardous substances or pollutants or contaminants. Surface soils are contaminated with elevated levels of PCBs (up to l,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 10· 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 -', r V • • 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 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 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 co11lamina11ts ill soils largely al 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) Weat/rer conditions that may cause hazardous substances or pollutants or contaminants lo 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 facili:y. 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 pop11/atio11s, animals, or the food chain from hazardous mbstances or pollutants or contaminallls. 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 Li11le 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 co11/aminants 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 upgrndient 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 substa11ces or pollutants or contaminants in soils largely al 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 u • • 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 rnbstances or pollutants or contaminants to migrate or be released. Any heavy rain accelerates migration of PCBs from the \Vard 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 al 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. PJtOPOSED 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 pem1its 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 1 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 ARARs to 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. lG • • 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 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 (NCP). This decision is based on the administrative record for the Site. Conditions at the Site meet the NCP Section 300.4 l 5(b)(2} criteria for a removal and I recommend your approval of the proposed action. b (Approval)#~ 4 ',~Date:J"~ /?; .:i ~()7' (Disapproval) ____________ Date: Winston A. Smith, Director Waste Management Division Attachment • • APPENDIXB 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 Ailsbrook 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 10. Consolidated Coal, n/k/a CONSOL Energy, Inc. IL Cotter Electric, a/k/a The Cotter Electric Equipment Co., a/k/a River Electric Company (Royal Oak & Howell, MI) 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. I 6. Electric Motor Service 17. Empire Electric, a/k/a Empire Electric Company, Inc. 18. Fireland Electric Coop, a/k/a Firelands 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. Itmann Coal Company, n/k/a CONSOL Energy, Inc. 22. Jet Electric Motors 23. Kuhlmon 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, Inc. 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. TVA, a/k/a Tennessee Valley Authority (Musele Shoals, AL) 38. Vepco, a/k/a Virginia Electric and Power Company :'19. WYE BlPr.trir. , , Tr a. 1 1, -------~-- ~~Wal Treatmen _........-:: ~am ~-OJtfalf (lUU:lGII-IJL'RJIAMAIR:l'()kl) t I ' I ~-c;:;_ . I I I (WA TI<R. TOWl-Jl OfrlCll ASSOC!A Tii.\► Triangle- Equipment -co. f ' (LT('. I , • lt<511U1M!flf-" I ~ !~CJ ---Formef Residence rl1,KkY tt /\NU lli:ll!l!MllO. OVF.il.TtlN'l (ll:fll(Yll./\NP !IUIOli.AI I U, ---- I )~liRnL'"' Tnangl•; Coatings: ()IIIC/"/1) 111H MAl('(l till.U\JJ'f/'!l\'.,l l ------ Visara tnteroallona; -r-------f .-, ,. •·, " ---- OIRHAN(~!HlWTH l'f.Ull'UlTY , L/,.frlll'.\k!NLkSlll'l LEGEND A/ Suriace Hydrography .{I/ Fence IV low Fence N Trail N Road N Curbing ,,,,.. Parcel Boundary D Transformer At-ea EJ Grass ~ Parking. Unpaved QJ P~rklng, Paved !TI Vegelation/Gravel Structure .···.1 WOOded Afea ,v, .... ,.,.., l,<•~•lnoM Property Owner IJ.n BASE MAP SOURCE: Wake County GIS, 1999, Warcr Transformer Remedial Investigation P.aleigh, Wake County, North Carolina Figure 1~2 Ward Transformer Sile 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 10/01/1980 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 ASSISTA_NCE 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 (3R0191NTEXJ ...................................... 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 (A4BK000Q085) .................... , ................................................ 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 (68-W7-0026) ...................................................................... Section 23 · SUPERrLiNU COOFER.ATiVE AGRECMEi~T \SCA) Report Date: 0910912004 . • IFMS Reconc.iliation Pending Table of Contents • WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/19~0 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 Cost Summary WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 1. The Unite.d States Environmental Protection Agency has incurred at least $165,420.82 for Regional 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 Environmental 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 States 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 nT~-11::::p i=vDi=P\lnlTI 1pi=q_ ,..l"'lntl"-:,r+ ovnonrli+. l!"OC' Tho tr,t-:,I !"01"'\P'OC'Onte tho -:,m/"'11 int enont ',nrlo,. +ho -'. ·-·. -·" ..... ·-· ..... ·----····---· ---r:--··----·--· ',,_ ......... , ,,_,...,,_ ...... ,, ......................... ,,. -r--·" ................ ... BANK OF AMERICA contract. . . J • Report Date: 09/0912004 • • Section 1 -Page 2 of 3 IFMS Reconciliation Pending · NarraUve Cost Summary WARD TRANSFORMER NC, RALEIGH, NC SITE 1D = A4 S4 Costs from 10/01/1980 to 09/09/2004 13. The United States Environmental Protection Agency has incurred 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 BANK OF AMERICA contract 15. • The United States Environmental Protection Agency has incurred costs of at I.east $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 al 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 Stales 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 CAROLINA 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. Repprt Date: 0910912004 • Section 1 -Page 3 of 3 !FMS 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 Environmental Protection Agency has incurred at least $499,618.80 for Indirect Costs. Total Site Costs: $1,573;084.06 · Report Date: 09/0912004 • • Section 2 • Page 1 of 2 IFMS Reconciliation Pending Itemized Cost Summary WARD TRANSFORMER NC, RALEIGH, NC. SITE ID= A4 S4 Costs from 10/0111980 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-W0-1009) ..................... . LOCKHEED MARTIN SERVICES INC LOCKHEED MARTIN SERVICE.S INC. (68-00-0267) ........................................ . OTHER EXPENDITURES TEXAS A&M RESEARCH FOUNDATION (3R0191NTEX) ................................. . P-1::11 ue.ANAL¥:J:ICAL.SEg.\tlCES.,I NC....(68-W0-20t4) ...................................... . 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 (A48K0000085) ............... : ................................................ . 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~ (Hl0--- $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: 09/0912004 • Section 2 -Page 2 of 2 IFMS Reconciliation Pending Itemized Cosf summary WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 SUPERFUND COOPERATIVE AGREEMENT (SCA) NORTH CAROLINA DEPT EHNR (0V98401896) .. .. . . ............................ . CONTRACT LAB PROGRAM (CLP) COSTS $15,751.34 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 -Regi□-rialPayroll Costs · WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 Fiscal Pay Payron Payroll 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. 09 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 t:NVlt-<UNMt:N I AL ::;c1t:N I 1::; I 25 2.50 87.78 Report Date: 09109/2004 . • • Section 3 -Page 2 of 13 IFMS Reconciliation Pending Regional Payroll Costs WARD TRANSFO.RMER NC, RALEIGH, NC SITE 10 = A4 S4 Costs from 1010111980 to 09/0912004 Fiscal Pay Payroll. Payroll Emi;iloyee Name Year Period Hours Costs BRIGHT, BILLY D. 2000 26 1.00 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 08 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 . ·i9 0.25 'i6.4::i 24 0.25 16.43 1.00 $65.04 Report Date: 0910912004 • • Section 3 • Page 3 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 Payroll Emglol(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, SAMUELL 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 12859 14 2.00 89.86 15 2.00 89.85 16 2.00 89,86 17 1.00 44.92 19 2 oo 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: 09/0912004 • • Section 3 . Page 4 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 Payroll Em12loyee Name Year Period Hours Costs FLORES, LUIS E. 2002 27 5.00 231.03 2003 01 15,00 693.14 02 . 24,00 1,109.03 03 14,00 646.94 04 2.00 · 92.42 05 6.00 277.26 06 7.00 323.46 08 4,00 184.84 09 4.00 191.02 10 15.50 740.18 11 23.00 1,098.33 12 38.00 1.814.64 13 30,00 1,432.61 14 25,50 1,229,69 15 3.00 . 144.67 16 · 5.00 241.12 17 3.00 144.67 18 4.00 192.89 21 2.00 99.11 24 9.00 446.03 25 4.00 198.22 26 5.00 247.78 2004 02 9.00 446.03 03 10.00 495.58 04 8.00 396.46 05 8.00 396.45 06 13.00 644.38 07 12,00 594.67 08 9.00 446.03 09 8.00 405.74 10 2.00 101.45 11 18.00 912.94 12 8.00 405,75 1 C) :.a.oo ,1, 115.82 14 18.00 912.94 15 17.00 880.50 'i6 ·i~.01:, 8t54.0/ 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 Payroll Em12loyee Name Year Period Hours Costs FLORES, LUIS E. 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 15i60 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 n~ ~ n~ 99.69 uu L.VU 12 12.00 619.36 18 4.00 208.43 ,n ,, r:'I"\ ......... . . .... ·~ "'T.vv £..J'"t.'"tU Report Date: 09/0912004 • • Section 3 -Page 6 of 13 IFMS Reconciliation Pending Regional Payroll Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 1010111980 to 09/09/2004 Fiscal Pay Payroll Payroll Em[;!loyee Nams Year Period Hours Costs HANSEN, SUSAN E 2003 22 2.bo 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 1,519.80 10 . 12.00 368.82 11 9.00 276.61 ·-13-_ -------·K50-· 263,64 --·---· .. 14 8.00 248.14 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 ,,.,,..,,.. ,..,,.. $9,oGo.uo .J"-V,UU . HERNANDEZ, THOMAS 2001 10 0.50 14.23 Report Date: 09/09/2004 • 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 Pay Period 26 27 02 04 05 06 07 08 10 11 2003-·----22 23 25 26 27 2004 01 02 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 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 · :-25 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 23.02 483.30 1,127.71 Report Date: 09/09/2004 • • Section 3 • Page 8 or 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 Payroll Employee 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 39.20 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 71.55 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 R!'i.00 $? '.'\91 99 Report Date:· 09/09/2004 • • Section 3 -Page 9 of 13 IFMS Reconciliation Pending Regional Payroll Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 Fiscal Pay Payroll Payroll 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 5.00 220.38 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 PELTIER, DOROTHY G. 2003 16 2.00 80.24 ,...I H,..1" •1 """'T" -~ ...... ,,..,,, ... ~I"-........ \JI ILI\JllVl . II ()L,UU L,"'+01 • .:).U 18 47.00 1,885.53 20 62.00 2,487.28 Report Date: 09/09/2004 • • Section 3 -Page 1 O ·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 Payroll Employee 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 10 ::i.00 1 n .Jc1 11 2.00 70.95 12 5.00 177.38 ·j ., .jU,UlJ ·1 ,UD4.i'.'.4 Report Date: 09/09/2004 • • Section 3 -Page 11 of 13 IFMSReconciliation Pending Regional Payroll Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 i=iscal Pay Payroll Payroll . Em12loyee 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 73.66 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 ·j 3 63.00 2,835.64 15 62.00 2,790.66 16. 77.00 3,465.81 Report Date: 0910912004 • • 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 Fiscal Pay Payroll Payroll Em12lo;tee 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, J_ENNY 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 66,09 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 SffE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 · Fiscal Pay Payroll Payroll Employee Name Year Period Hours Costs WRIGHT, KA TH LEEN 2004 23 1.00 57.48 1.00 $57.48 Total Regional Payroll Costs 4,148.25 $165,420.82 Report Date: 09/09/2004 • • Section 4. Page 1 of 1 !FMS Reconciliation Pending Headquarters Payroll Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/09/2004 Employee Name HEALY, HELENA KING, HELENA KEPLINGER, HELEN ATTORNEY-ADVISOR (GENERAL) Total Headquarters Payroll Costs Fiscal Year 2004 2000 Pay Period 01 26 Payroll Hours 0.50 Payroll 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 Treasury Travel Treasury Schedule TravelerNendor Name Number Schedule Date Travel Costs BARRETT, DIANE FAYE TM0080041 ACHA03059 03104/2003 236.90 BROWN, DIANE F. TM0085593 ACHA03070 03/1312003 503.96 COMMUNITY RELATIONS TM0095188 ACHA03083 03126/2003 313.39 SPECIALIST TM0202346 · ACHA04155 0610712004 82.19 $1,136.44 CAMPBELL, RICHARD R TM0242591 ACHA04244 09/02/2004 .177.20 ENVIRONMENTAL ENGINEER $177.20 FLORES, LUIS TM0063181 ACHA02282. 10111/2002 643.16 CIVIL ENGINEERING TM0066145 ACHA02298 1012912002 400.85 TM0086609 ACHA03045 02/19/2003 426.98 TM0093797 ACHA03078 03/21/2003 426.45 TM0101775 ACHA03098 0411012003 334.30 TM0241526 ACHA04226 · 0811712004 407.96 . $2,639.70 HANSEN, SUSAN E. 0004DL0098 ACHA00195 07117/2000 169.69 ATTORNEY TM0095956 ACHA03100 04/1412003 342,19 $511.88 HARVEY, JACQUELINE TM0028712 ACHA02114 0412612002 500.47 WALTHALL; JACQUELINE TM0201739 ACHA04110 . 0412112004 817.64 · SECRETARY (TYPING) TM0216744 ACHA04149 0610212004 170.41 $1,488.52 HICKS, MATTHEW TM0187852 ACHA04079 03/2312004 811.79 '$811.79 Report Date: 09/09/2004 • • Section 5 • Page 2 of 2 IFMS Reconciliation Pending Regional Travel Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4 Costs from 1010111980 to 09109/2004 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 05/1012004, 100.91 LEACH, ANGELA R. PUBLIC AFFAIRS SPECIALIST $100.91' MILLER, HERBERT E., JR. TM0028668 ACHA02114 04/2612002 666.95 CIVIL INVESTIGATOR TM0080291 ACHA03035 02/06/2003 432.96 $1,099.91 RICHARDSON, BRENITA TM0097264 . ACHA03085 03/28/2003 395.83 ENVIRONMENTAL PROTECTION TM0189958 ACHA04077 03/19/2004 947.57 SPECIALIST TM0200620 ACHA04117 04/28/2004 918.91 $2,262.31 $TILMAN, TERRY TM0239731 ACHA04226 08117/2004 339.36 $339.36 WILLIS, DIANNE TM0201758 ACHA04112 04/23/2004 849.64 $849.64 Total Regional Travel Costs $12,416.93 Report Dale: 09/0912004_ · • IFMS Reconciliation Pending Headquarters Travel Costs • WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 TravelerNendor Name Costs from 10/01/1980 to 09/09/2004 Travel · Number Treasury Schedule .. - Tre:!l~ury Schedule Date Page 1 of 1 Travel Costs Report Date: 09/0912004 • 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 COMPANYIILS EPA Contract Number: 68-W0-1009 Delivery Order Information DO# Start Date 03129/2003 . 03/2912003 10/0112003 . 16 21 27 Project Officer{s): BIRCH, MICHAEL H End Date 09/30/2003 01/02/2004 03/2612004 Dates of Service: From: 03/2912003 To: 03126/2004 Summary of Service: Total Costs: $90,859.39 Voucher Voucher Voucher Treasury Schedule Number Date Amount Number and Date 3-29-016 0510212003 59,192.52 R3411 0512912003 3-29-021 05/02/2003 91,420.73 R3411 0512912003 · 3-30-016 0513012003 68,080.94 R3457 0612512003 3-30-021 0513012003 111,891.52 R3457 0612512003 3-31-016 06/2712003 69,755.72 R3502 07/2412003 3-31-021 06127/2003 100,493.25 R3502 07/2412003 3-32-016 0810812003 91,300.32 R3574 09/0512003 3-32-021 0810812003 · 156,908.22 R3574 0910512003 3-33-016 09/0812003 59,411.69 R4002 1010212003 3-34-016 10107/2003 64,666.61 R4054 10/31/2003 4-35-027 1013112003 · 52,041.65 R4100 11/2612003 4-36-021 12/03/2003 91,707.44 R4162 1213012003 4-36-027 1210312003 57,281'74 R4162 12/30/2003 4-37-021 01/0912004 141,412.31 R4228 0210512004 4-37-027 01/0912004 63,880.09 R4228 02/05/2004 4-38-027 0210612004 58,959.23 R4282 03103/2004 4-40-027 04/02/2004. 70,264.26 R4377 . 04/2812004 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 ·' Report Date: 0910912004 • 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/ILS EPA Contract Number: 68-W0-1009 Delivery Order Information DO# Start Date End Date 16 03/29/2003 09/30/2003 21 03/2912003 01/02/2004 27 10/01/2003 03/2612004 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 Annual Voucher Number Schedule Number Rate TyQe Allocation Rate 3-29-016 R3411 Class 1.264751 3-29-021 R3411 Class 1.264751 3-30-016 R3457 Class 1.264751 3-30-021 R3457 Class 1.264751 3-31-016 R3502 Class 1.264751 3-31-021 R3502 Class 1.264751 3-32-016 R3574 Class 1.264751 3-32-021 R3574 Class 1.264751 3-33-016 R4002 Class 1.264751 3-34-016 R4054 Class 1.264751 4-35-027 R4100 Class 1.264751 4-36-021 R4162 Class 1.264751, 4-36-027 R4162 Class 1.264751 4-37-021 R4228 Class 1.264751 4-37-027 R4228 Class 1.264751 4-38-027 R4282 Class 1,264751 4'40-027 R4377 Class 1.264751 Report Date: 09109/2004 • • 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: 09/1212002 To: 09/1112003 Summary of Service: Total Costs: $20,314.17 Voucher Voucher Voucher Treasury Schedule Site Number Date Amount Number and Date Amount 06313765R1 11/07/2002 206,345.93 R3149 12/24/2002 3,259.24 06315083R1 11/2512002 198,085.73 R3158 12/30/2002 4,716.82 06316797 01/06/2003 162,114.34 R3226 02/04/2003 4,027.10 06317848 01/29/2003 187,804.05 R3263 02/25/2003 5,794.04 06319254R 0310612003 182,408.24 R3313 03/31/2003 . 2,550.76 06320457 04/03/2003 201,108.35 R3366 05/01/2003 -11.92 06321766 05/08/2003 116,233.67 R3417 0610212003 . 266.81 06322837 05/30/2003 105,165.83 R3458 06/26/2003 -16.99 06323878 07/08/2003 137,371.65 R3514 07/31/2003 -97.59 06325740 08/04/2003 120,240.91 R3560 08/28/2003 -65.23 06326859 08/28/2003 116,117.13 R3611 09/23/2003 -8555 06328779R 09/30/2003 168,588.87 R4054 10/31/2003 -31.87 06330714R . 11/05/2003 32,664.61 04144 12/18/2003 ·2.77 06337438 02/26/2004 1,288.14 R4375 04/27/2004 11.32 Total: $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 09/09/2004 OTHER EXPENDITURES Contractor Name: EPA Contract Number: Project 0fficer(s): Dates of Service: Summary of Service: Total Costs: Voucher Number M802589 TEXAS A&M RESEARCH FOUNDATION 3R0191NTEX Fram: Voucher Date 12/19/2003 To: $6,022.25 Voucher Treasury Schedule Amount Number and Date 6,022.25 OOOA04034 02105/2004 Total: Site Amount 6,022.25 $6,022.25 Report Date: 09/0912004 • 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 1010111980 to 09/09/2004 PHILIP ANALYTICAL SERVICES, INC .. 68-W0-2014 Delivery Order Information DO# Start Date 11115/2003 0411112003 03113/2003 End Date 0113112004 05/16/2003 06/11/2003 11 5 6 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 1056947 1056971 1057341 1058091 1058092 Date • 06/30/2003 07/31/2003 08/0712003 08/07/2003 08/2712003 09/1012003 10115/2003 12/1712003 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 09/1912003 R3605 09119/2003 R3620 09130/2003 R3620 09/30/2003 R4023 10/1612003 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: 09109/2004 • IFMS Reconciliation Pending• • Contract Costs Section 10 -Page 1 of 1 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 :)THER EXPENDITURES Contractor Name: EPA Contract Number: Costs from 10/01/1980 to 09/09/2004 BONNER ANALYTICAL TESTING CO. 68-W0-2067 Delivery Order Information DO# Start Date . End Date 04/30/2003 08/04/2003 1 0412112003 2 08/04/2003 Project Officer(s): MESSER, EDWARD E. Dates of Service: From: 04/2112003 To: 08/0412003 Summary of Service: Tota I Costs: $2,114.54 Voucher Number Voucher Voucher Treasury Schedule 19509 19563 20445 Date 0412112003 04130/2003 · 08/04/2003 Amount 345.60 608.94 1,160.00 Number and Date R3419 0610312003 R3433 06/1112003 R3595 09/16/2003 Total: Site Amount 345.60 608.94 1,160.00 $2,114.54 Report Date: 09/09/2004 • • , 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: EPA Contract Number: ENVIROSYSTEMS INC. 68-W0-3019 Delivery Order Information DO# Start Date 05/2912003 End Date 06/10/2003 Project Officer(s): Dates of Service: Summary of Service: Total Costs: Voucher - Number 30105 30124 30115 30114 30127 30128 . 30129 1 MESSER, EDWARD E From: 0512912003 To: 06/10/2003 Voucher Date 05/29/2003 06/04/2003 06/04/2003 06/03/2003 06/09/2003 06/09/2003 0611012003 $23,258.07 Voucher Amount 3,512.88. 5,638.32 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 07117 /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 i.:XPENDITURES Contractor Name: EPA Contract Number: SOUTHWEST LABAORATORY OF OKLAHOMAINC. 68-W0-3024 Delivery Order Information DO# Start Date 05/22/2003 End Date 05129/2003 Project Officer(s): Dates of Service: Summary of Service: Total Costs: Voucher Number 33041 33007 33025 33040 1 BIRCH, MICHAEL H MESSER, EDWARD E. From: 05/22/2003 To: 05/29/2003 $19,401.92 Voucher Voucher Treasury Schedule Date 05129/2003 05122/2003 05/28/2003 05/29/2003 Amount Number and Date 7,998.20 3,910.58 3,403.89 4,089.25 R3460 R3465 R3471 R3471 06/30/2003 · 07/0212003 07/08/2003 07/08/2003 Site Amount 7,998.20 3,910.58 3,403.89 4,089.25 Total: $19,401.92 Report Date: 09/09/2004 • • 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 OTHEP. EXPENDITURES Contractor Name: EPA Contract Number: Project Officer(s): Dates of Service: Summary of Service: Total Costs: Voucher Number 436530 BANK OF AMERICA A3BK0000118 DIANE F BARRETT , From: To: NEWS & OBSERVER-DISPLAY $1,027.22 Voucher Date 03/0712003 Voucher Amount 134,655.98 Treasury Schedule Number and Date ACHC03078 03/21/2003 Total: Site Amount 1,027.22 $1,027.22 Report Date: 09/0912004 • • 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 A38K0000153 DIANE F SARRETT From: To: NEWS & OBSERVER-DISPLAY $1,095.00 Voucher · Date 04/09/2003 Voucher Amount 225,267.96 Treasury Schedule Number and Date AC HC03127 05/09/2003 Total: Site Amount 1,095.00 $1,095.00 Report Date: 09/09/2004 • • Section 15 • Page 1 ol 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 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 06/10/2003 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: BANK OF AMERICA A4BK0000053 ELAINE W SEYMOUR EPA Contract Number. Project Officer(s): Dates of Service: Summary of Service: Total Costs: Voucher Number 516747 From: To: UGA RESEARCH SERV/CRS . $34.00 Voucher Date 11/24/2003 Voucher Treasury Schedule Amount Number and Date 110,371.19 ACHC03344 12/12/2003 Total: Site Amount 34.00 $34.00 . Report Date: 0910912004 • IFMS Reconciliation Pending • Contract Costs Section 17 -Page 1 of 1 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 524575 BANK OF AMERICA A4BK0000068 DANIEL P THOMAN · from: To: UGA RESEARCH SERV/CRS $34.00 Voucher Date 12/26/2003 Voucher Amount 150,740.17 . Treasury Schedule Number and • Date ACHC04006 01/08/2004 Total: Site Amount 34,00 $34.00 Report Date: 09/09/2004 • • 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: TERRACHEM INC $1,465.00 Voucher Date Voucher Amount To: 01/29/2004 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 S4 Costs from 10/01/1980 to 09/09/2004 OTHER E~PENDITURES Contractor Name: BANK OF AMERICA A4BK0000126 EPA Contract Number: Project Officer(s): Dates of.Service: Summary of Service: Total Costs: Voucher Number · 545657 MELANIE G UPCHURCH From: To: MARRIOTT 337K1 RALEIGH $500.00 Voucher Date 03/10/2004 Voucher Amount 148,871.81 Treasury Schedule Number and Date ACHC04090 04/01/2004 Total: Site Amount 500.00 $500.00 Report Date: 0910912004 • IFMS Reconciliation Pending • · Contract Costs · Section 20 -Page 1 of 1 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 · 559257 . BANK .OF AMERICA A4BK0000147 MELANIE G UPCHURCH From: To: KAY MCGOVERN & ASSOCIATES $1,046.85 _Voucher Date 04/2212004 Voucher Amount 176,697.37 Treasury Schedule Number and Date ACHC04120 05/03/2004 Total: Site Amount 1,046.85 $1,046.85 Report Date: 09/0912004 • • Section 21 : 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 EXPl:NDITURES Contractor Name: EPA Contract Number: Project Officer(s): Dates of Service: Summary of Service: Total Costs: Voucher Number 560867 BANK OF AMERICA A4BKQ000151 MARGARET A ROTH From: To: SYSTEL BUSINESS EQUIPMENT $1,124.00 Voucher Date 04/28/2004 Voucher Amount 148,830.27 Treasury Schedule Number and Date ACHC04126 .05/0712004 Total: Site Amount 1,124.00 $1,124.00 Report Date: 09/09/2004 • Section 22 -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 Cont.ractor Name: EPA Contract Number: Project Officer{s): Dates of Service: Summary of Service: Total Costs: Voucher Number 2701 07142 GOVERNMENT PRINTING OFFICE FRL69337. From: Voucher Date 07/3012001 To: $148.00. Voucher . Treasury Schedule Amount Number and Date 73,472.00 2701 07142 07/30/2001 Total: Site Amount 148.00 $148.00 Report Date: 09/09/2004 •. IFMS Recon~iliation Pending • Contract Costs Section 23 -Page 1 of 2 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10/01/1980 to 09/0912004 RESPONSE ACTION CONTRACT, Contractor Name: EPA Contract Number, Project Officer(s): ROY F. WESTON . 68-W7-0026 NATHAN, STEPHEN J. VOGTMAN, PATRICIA Dates of Service: From: 01101/2002 To: 0612512004 Summary of Service: Total Costs: $505,837,04 Voucher Voucher Voucher Treasury Schedule Number Date Amount· Number and Date 154 11/20/2002 348,366,30 03141 · 12/19/2002 158 12/18/2002 356,887,27 03188 , 01/15/2003 160 01/17/2003 476,122,65 03246 02/14/2003 162 02/17/2003 571,876,20 03291 03/17/2003 164 03/18/2003 632,328,73 03342 04/16/2003 167 041.18/2003 921,264.24 03392 05/16/2003 169 05/16/2003 714,818, 14 03447 06/19/2003 170 06/18/2003 521,508,04 03486 07/15/2003 172 07/16/2003 889,059,05 03534 08/13/2003 173 08/18/2003 1,113,415 86 03592 09112/2003 175 09/17/2003 657,610.38 04018 10/15/2003 177 10/17/2003 · 566, 796,32 04089 11/20/2003 179 11/20/2003 430,314,86 04148 12/19/2003 180 12/19/2003 404,018.12 04203 01/21/2004 181 · · 01/20/2004 366,803.39 04263 02/20/2004 182 02/20/2004 280,790.80 04320 03/24/2004 183 03/18/2004 461,067:74 04367 04/21/2004 184 04/19/2004 394,866,90 04417 05/20/2004 187Z . 04112/2004 -72,665.12 04417 05/20/2004 188 05/20/2004 508,540.82 04485 06/2512004 190 06/18/2004 176,597.78 .04521 07/15/2004 191 06/18/2004 195,949.20 04524 07/16/2004 192 07/19/2004 · 521,785.51 04586 08/20/2004 193 07/19/2004 142,831.31 04586 08/20/2004 T0fa!: Site Annual Amount Allocation 14,o'13,98 960,21 10,801,58 740, 10 604,70 41,43 9,852,01 675,04 9,320,90 638,65 10,586,11 725,34 38,945,65 2,668.48 61,247,00 4,196,52 20,649,53 1,414,86 9,519.48 652.26 18,744.59 1,284,34 22,448.20 1,538.11 7,816.84 535.59 36,199.12 2,480.29 28,314.60 1,940.06 26,131.52 1,790.48 34,617.74 2,371.94 22;653.98 1,552.21 850.32 58.26 45,621.50 3,125.89 1,297.91 88.93 21,164.96 . 1,450.18 21,651.85 1,483,54 346.52 23,74 :1;.117'l ,inn ,;o <t"l".l '1':l~ Al; T • • -> •"' ._, • - -..,,_._, .... -... ' ..... Report Date: 0910912004 • IFMS Reconciliation Pending Contract Costs • Section 23 • Page 2 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: EPA Contract Nufllber: 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 187Z 188 190 191 192 193 . ROY F. WESTON 68-W?-0026 NATHAN, STEPHEN J VOGTMAN, PATRICIA From: 01/01/2002 To: 0612512004 $505,837.04 Schedule Number Rate Ty['.1e 03141 Provisional 03188 Provisional · 03246 Provisional 03291 · Provisional 03342 Provisional · 03392 Provisional 03447 Provisionar 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: 09109/2004 •• • Section 24 • Page 1 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 SUPERFUND COOPERATIVE AGREEMENT (SCA) State Agency: SCA Number: Project Officer(s): Dates of Service: Summary of Service: · Total Costs: NORTH CAROLINA DEPT EHNR OV98401896 PAULA WALRAVEN From: 10/01/1996 To: 09/30/2004 $15,751.34 Drawdown Drawdown Drawdown Treasury Schedule Number Date Amount Number and Date ACH0400#2005 0310512003 59,337.63 ACHC03073 03/18/2003 ACH0400#2009 04/22/2003 24,622.75 ACHC03119 05/01/2003 ACH0400#2014 06/09/2003 . 75,781.16 ACHC03162 06/1312003 ACH0400#2017 07101/2003 46,255.72 ACHC03189 07/10/2003 ACH0400#2020 07/24/2003 23,828.91 ACHC03209 07/30/2003 ACH0400#2022 08/06/2003 53,819:06 ACHC03220 08/12/2003 ACH0400#2024 08/20/2003 23,010.86 ACHC03234 08/26/2003 ACH0400#2026 09/05/2003 51,224.31 ACHC03252 09/11/2003 566000372A1 09/25/2003 ·. 0.00 J3293 09/25/2003 ACH0400#2030 10/09/2003 46,985.47 ACHC03288 10117/2003 ACH0400#2032 . 10/2412003 22,439.86 ACHC03303 11103/2003 ACH0400#2034 11/04/2003 69,556.34 ACHC03311 11/12/2003 ACH0400#2036 11/19/2003 13,722.29 ACHC03329 11/28/2003 ACH0400#2038 12/10/2003 54,392.82 ACHC03346 12/16/2003 ACH0400#2040 01/02/2004 49,970.21 ACHC04015 01/20/2004 ACH0400#2042 01/22/2004 . 25,661.37 ACHC04028 01/30/2004 ACH0400#2044 02/06/2004 51,225.20 ACHC04041 02/12/2004 ACH0400#2046 02/20/2004 31,137.14 ACHC04055 02/26/2004 ACH0400#2048 03/09/2004 55,903.62 ACHC04070 03/12/2004 ACH0400#2050 03/24/2004 16,896.56 ACHC04105 04116/2004 ACH0400#2052 04/16/2004 68,043.20 ACHC04112 04/23/2004 ACH0400#2056 05/04/2004 56,725.53 ACHC04127 05/10/2004 ACH0400#2058 05/21/2004 · 35,465.52 ACHC04149 06/02/2004 ACH0400#2060 06)04/2004 52,436.34 ACHC04160 06/10/2004 ACH0400#2062 06/23/2004 46,238.92 . ACHC04181 07/01/2004 ACH0400#2064 07/07/2004 48,002.46 ACHC04191 07/13/2004 ACH0400#2066 07/23/2004 40,091.71 ACHC04208 07/28/2004 ,.. r-wn Af"l"-""rv.::!o CC/CG/200~ ... ~ ,..,.,, ........... ACHC04224 08ii3i2004 ~ >Vt IV""!VV'l'TL.VVV '-'~1.:,vo,:::i, Total: Site Amount 378.11. 636.42 2,031.90 105,31 30.59 2.37 120.10 9.28 875.01 67.63 574.23 44.04 540.20 43.59 1,315.03 1,166.88 90.51 907.84 69.59 943.99 1,895.20 138.65 1,593.67 122.32 . 901.27 69.21 1,001.49 i'ti.\:l1 $15,751.34 Report Date: 09/09/2004 • IFMS Reconciliation Pending Contract Costs • Section 24 -Page 2 of 2 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 ol 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 Total Financial Cost Summary $121,592.02 $121,592.02. Report Date: 09109/2004 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: $121.592.02 Voucher Number· Case Number: Voucher Date Voucher . Treasury Schedule Amount Number and Date Site Amount EPA Contract Number: 68-W0-1034. DYNCORP INFORMATION & ENGINEERING 23 05/09/2003 747,773.02 R3421 06/04/2003 112.73 24 06109/2003 545,970.80 R3468 07/03/2003 3,117.17 25 07/11/2003 709,639.93 R3521 08/06/2003 5,342.10 26 08/12/2003 506,496.90 R3576 09/08/2003 176.94 27 09/08/2003 507,316.04 R4002 10/02/2003 313.89 28 . 10/10/2003 654,760.84 R4065 11107/2003 14.60 31 01/09/2004 484,599.87 R4228 02/05/2004 1,136.99 1-1 01/12/2004 205,134.58 R4231 02/06/2004 180.99 1-2 02109/2004 615,982.32 R4284 03/04/2004 33.74 1-4 04/09/2004 823,525.77 R4388 05/0512004 48.34 Totals for 68-W0-1034: $10,477.49 Totals for Case Number $10,477.49 Case Number: 31591 EPA Contract Number: 68-W0-2068 CHEMTECH 232156 05/07/2003 1,642.20 R3442 06/17/2003 1,642.20 232153 05/07/2003 1,688.40 R3446 06/18/2003 1,688.40 232157 05/07/2003 1,701.00 R3446 . 06/1812003 1,701.00 232154 0510712003 1,630.86 R3451 06/23/2003 1,630.86 232155 05/07/2003 1,560.09 R3451 06123/2003 1,560.09 232158 05/07/2003 714.00 R3451 · 06/23/2003 714.00 Totals for 68-W0-2068; $8,936.55 Totals for Case Number 31591: $8,936.55 · Case Number: 31610 EPA C0ntrect Number: ee-V'.'0-CC82, · I tCC::t:,T'\, A,_lfl,! \l"T"t,...,., ,....,...,_,....,...._~-•,-.•• i_tui-i \. 1 1 f"'\\'tr\L I i lVr\!.... VVl"\r-Vl"\r\ I IUI\I 13164 04/30/2003 1,555.49 R3433 06/11/2003 1,555.49 13144 04/30/2003 270.52 R3440 06/16/2003 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 9939 Report Date: 0910912004 .IFMS. R ·1--t· P .. d' • Section 25 -Page 3 of 6 econcI Ia ion 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 05/08/2003 13184 05/0812003 13205 0510812003 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: 06117/2003 06/18/2003 06/18/2003 Totals for Case Number 31610: Case Number: 31657 EPA Contract Number: 68-W0-0087 DATACHEM LABORATORIES INC. 103-3737 05/23/2003 1,785.00 R3470 07/08/2003 Totals for 68-W0-0087 EPA Contract Number: 68-W0-3018 CEIMIC CORPORATION 30478 06/0612003 3,220.80 R3467 07/03/2003 Totals for 68-W0-3018: Totals for Case Number 31657: Case Number: 31685 EPA Contract Number: 68-W0-0085 SENTINEL 1NC. 3MD1Y28 06/25/2003 1,530.00 R3495 07121/2003 3MD1Y29 06/25/2003 2,040.00 R3495 07/21/2003 3MD1Y55 06125/2003 . 1,190.00 R3495 07/21/2003 3MD1Y58 . 06/2 5/200,3 340.00 R3496 07/21/2003 3MD1Y78 06/25/2003 1,275.00 R3495 07/21/2003 .,..,.,_,_ r,._ le'~ ,A,n r.rH·,r,. I VtQI.) lVI vv-v VV.,VVVV. . 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 ,,.,... ,... ... ,.. "''"' 4)U1\J/ ;J.UU 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 ..,.,... ,.., . ,.., "',.. ,,p,,.,;;)"'tt,.,:;:,U Report Date: 09/09/2004 IFMS Reconciliation. Pend in, 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 10/0111980 to 09/09/2004 · CONTRACT LAB PROGRAM (CLP) COSTS Routine Analytical Services (RAS) Total Costs: Voucher Number $121,592,02 Voucher Date Case Number: 31685 EPA Contract Number: 68-W0-3021, 13529 06/11/2003 13530 06/11/2003 13531 13601 13768 13783 13784 06/11/2003 06/17/2003 07/02/2003 07/02/2003 07/07/2003 Voucher Treasury Schedule Amount Number and · Date LIBERTY ANALYTICAL CORPORATION 8,820.90 R3497 07/22/2003 3,280.50 R3497 07/22/2003 6,471.90 R3498 07/22/2003 3,564.00 R3507 07/29/2003 162.00 R3530 08/12/2003 1,458.00 R3534 08/13/2003 1,611.90 R3534 08/13/2003 Totals for 68-W0-3021: Totals for Case Number 31685: Case Number: 31710 EPA Contract Number: 68-W0-0088 CHEMTECH 232483 06/09/2003 1,466.25 R3497 07/22/2003 Totals for 68-W0-0088: EPA Contract Number: 68-W0-3021, LIBERTY ANALYTICAL CORPORATION' . 13534 06i1112003 2,843.10 R3497 07/22/2003 13563 06/17/2003 2,592.00 R3498 · 07/22/2003 13578 06/17/2003 2.899.80 R3501 07/2412003 13769 07/02/2003 291.60 R3530 08/12/2003 13770. 07/02/2003 . 510,30 R3530 08/12/2003 Totals for 68-W0-3021: Totals for Case Number 31710: Site Amount 8,820.90 3,280.50 6,471.90 3,564.00 162.00 1,458.00 1,611.90 · $25,369:20 $31,744.20 Class/SMO 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 1,466.25 538.70 ----- $1,466.25 $538.70 2,843.10 1,044.56 2,592.00 952:31 2,899.80 1,065.40 291.60 107.13 510.30 187.49 $9,136.80 $3,356.89 $10,603.05 $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 10/01/1980 to 09/09/2004 CONTRACT LAB PROGRAM (CLP) COSTS Routine Analytical Services {RAS) Total Costs: Voucher Number $121,592.02 Voucher Date Case Number: 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 01114/2004 17280 03/1912004 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 01/21/2004. . 3,794.04 R4203 01/21/2004 3,464.37 R4211 01/26/2004 139.32 R4232 02106/2004 1,428.84 R4355 04114/2004 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/SMC 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: 09/09/2004 Section 25 • Page 6 ol 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/ SMO Rate 0.367403 0.367403 Report Date: 0910912004 • • • • IFMS Reconciliation Pending . Page 1 of 1 Miscellaneous (MIS) Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID = .A4 S4 Costs from 10/01/1980 to 09/09/2004 Report Date: 0910912004 IFMS Reconciliation Pending EPA Indirect Costs • Section 26 -Page 1 of 1. 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: 09109/2004 • • Section 27 -Page 1 of 31 lFMS 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 Indirect Em12lo'iee Name Year Period· Costs (%) Costs BORNHOLM, JON K. 2000 11 472.75 42.29% 199.93 12 425.48 42.29% 179.94 898.23 $379.87 BRIGHT, BILLY D. 2000 24 68.25 42.29% . 28.86 25 87.79 42.29% 37.13 26 35.12 42.29% 14.85 191.16 $80.84 HANSEN, SUSAN E. 2000 15 52.33 42.29% 22.13 16 484.00 42.29% 204.68 17 621.35 42.29% 262.77 18 274.71 42.29% 116.17 19 189.68 42.29% 80.22 20 418.59 42.29% 177.02 21 145.00 · 42.29% 61.32 25 88.36 42.29% 37.37 26 281.11 42.29% 118.88 27 650.57 42.29% .275.13 3,205.70 $1,355.69 KEPLINGER, HELEN 2000 26 98.19 42.29%. 41.52 ---------98.19 $41.52 Total Fiscal Year 2000 Payroll Direct Costs: 4,393.28 $1,857.92 · Report Date: 0910912004 • Section 27 -Page 2 of 31 IFMS Reconciliation PendinQ EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 1010111980 to 09/0912004 TRAVEL DIRECT COSTS Treasury Travel Schedule TravelerNendor Name Number Date HANSEN, SUSAN E. 0004DL0098 07/1712000 Total Fiscal Year 2000 Travel Direct Costs: Total Fiscal Year 2000: PAYROLL DIRECT COSTS Fiscal EmQIO)'.ee Name Year BATCHELOR, PAULAV. 2001 BRIGHT, BILLY D. 2001 FLORES, LUIS E. 2001 ' o ~ • o'..-.,-l I ,,.., ,,.... ,. ~ t ,-nr\t'f.:)C.1'4J1 ,;:n.~V/'"\l\i c.. 2001 Pay Period 08 09 02 04 05 08 10 12 21 06 Ui 02 03 Ind. Travel Rate Indirect Costs (%} !:;osts 169.69 42.29% 71.76 169.69 $71.76 169.69 $71.76 4,562.97 $1,929.68 Ind. Payroll Rate Indirect Costs (%) Costs 9.55 45.26% 4.32 9.90 45.26% 4.48 19.45 $8.80 35.05 45.26% 15.86 175.26 45.26% 79.32 35.05 45.26% 15.86 35.05 45.26% 15.86 36.44 45.26% 16.49 27.33 45.26%. 12.37 18.22 45.26% 8.25 362.40 $164.01 .160.41 45.26% 72.60 -----160.41 $72.60 152.60 45.26% 72.14 45.26%' 521.01 45.26% 68.07 32.65 235:81 Report Date 09/09/2004. • • 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 09109/2004 · PAYROLL DIRECT COSTS Ind. Fiscal Pay Payroll Rate Indirect Emgloyee Name Year Period Costs (%) , Costs HANSEN, SU.SANE. 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 ---------14.23 $6.44 MILLER, HERBERT E , JR. 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 Emgloyee Name · 8A'i'CHELOR, PAULA_V. PAYROLL DIRECT COSTS Fiscal Year 2002 Pay Period 18 Payroll Costs Ind. Rate (%) 11.50 47.82%, Indirect Costs 5.50 Report Date: 0910912004 IFMS Reconciliation Pending EPA Indirect Costs • Section 27 -Page 4 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 Employee Name Year Period Costs (%) Costs BATCHELOR, PAULA V, 2002 21 11.49 47.82% 5.49 22.99 $10.99 FLORES, LUIS E. 2002 05 128.59 47.82% 61.49 14 89.86 47.82%. 42.97 · 15 89.85 47.82% 42.97 16 89.86 . 47.82% 42.97 17 44,92 47.82% 21.48 19 92.42 47.82% 44.20 20 92.42 47.82% 44.20 21 231.05 47.82% 110.49 22 138.64 47.82% 66.30 23 138.63 47.82% 66.29 24 231.05 47.82% 110.49 46.21 47.82% 22.10 25 877.98 47.82%. 419.85 26 92:42 47.82% 44.20 277.26 47.82% 132.59 27 231.03 47.82% 110.48 2,892.19 $1,383.07 HANSEN, SUSAN E. 2002 15 60.41 · 47.82% 28.89 20 483,51 47.82% 231.21 21 338.24 47.82% 161.75 22 253.68 47.82% 121.31 25 531.53 47.82% 254.18 26 60.41 47.82% 28.89 1,727.78 $826.23 l~I A,...;\ tr-,f t A ,...r\l n-1 H, H"'• .... ,.,,.. .... ,~ 670.06 47.62% 4i6.06 1 u·,1,vc 1; ..invutuc..1..11'iC. 4VV4 ,;,, 16 421.85 47.82°fd 201.73 17 105.46 47.82% 50.43 Report Date: 0910912004 • • Section 27 • Page 5 of 31 IFMS Reconciliation Pending EPA Indirect Costs WARD TRANSFORMER . NC, RALEIGH, NC SITE ID = A4 S4 EmQlo~ee Name HARVEY, JACQUELINE MILLER, HERBERT E.; JR. RICHARDSON, BRENITA Costs from 10/01/1980 to 09/09/2004 PAYROLL DIRECT COSTS Fiscal Pay Year Period 2002 21 2002 14 15 16 21 22 23 25 2002 25 Total Fiscal Year 2002 Payroll Direct Costs: 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 (%) Cost§ 500.47 47.82% 239.33 500.47 $239.33 Report Date: 09/09/2004 • • · Section 27 -Page 6 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 TravelerNendar Name Treasury Travel Schedule Number Date Ind.· Travel Rate Indirect Costs (%) Costs MILLER, HERBERT E, JR, TM0028668 04/26/2002 666.95 47.82% 318.94 666.95 $318.94 Total Fiscal Year 2002 Travel Direct Costs: 1,167.42 $558.27 Total Fiscal Year 2002: 10,671.84 $5,103.30 PAYROLL DIRECT COSTS Ind. Fiscal Pay Payroll Rate Indirect Emglax:ee Name Year Period Co§tS (%} Costs APPLEBY, CHARLES 2003 23 125.10 46.55% 58.23 24 125.10 46.55% 58.23 25 54204 46.55% 252.32 26 54204 46.55% · 252.32 1,334.28 $621.10 BARRETT, DIANE FAYE 2003 07 18.67 46.55% 8.69 09 1,066.72 .46.55% 496.56 10 426.69. 46.55% 198.62 11 1,861.92 46.55% 866.72 12 446.08 46.55% 207.65 13 861.74 46.55% 401.14 14 78.33 46.55% · 36.46 17 78.33 46.55% 36.46 4,838.48 $2,252.30 BATCHELOR, PAULA V. 2003 03 14.62 46.55% 6.81 08 Report Date: 0910912004 . • · · . • Section 27_ -Page 7 of 31 IFMS Reconciliation Pending EPA Indirect Costs WARD TRANSFORMER· . NC, RALEIGH, NC SITE ID= A4 S4 Em12loiee 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 CQsts (%) 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 46,5~% 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 5634 46.55% 26.23 1,014,13 $472.09 51.19 46.55%' 23.83 Report Date: 09/09/2004 • IFMS Reconciliation Pending EPA Indirect Costs • Section 27 -Page 8 of 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4 Employee 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 Pay Year Period 2003 13 2003 2003 2003 20 21 22 01 02 03 04 05 06 08 09 10 11 12 13 14 15 16 17 18 21 24 25 26 02 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 $545.88 693.14 46.55% 322.66 1,109.03 46.55% 516.25 646.94 46.55% 301.15 92.42 46.55% 43.02 277.26 46.55% 129.06 323.46 46.55% 150.57 184.84 46.55% 86.04 191.02 46.55% 88,92 740.18 46.55% 344.55 · 1,098.33 46.55% 511.27 1,814.64 46.55% 844.71 1,432.61 46.55% 666.88 1,229,69 46.55% 572.42 144.67 46.55% 67.34 241.12 46.55% 112.24 144.67 46.55% 67.34 192.89 46.55% 89.79 99.11 46,55% 46.14 446.03 46.55% 207.63 198.22 46.55% 92.27 247.78 46.55% 115.34 11,548.05 $5,375.59 289.93 46.55% 134.96 Report Date: 0910912004 • • . Section 27 -Page 9 of 31 IFMS Reconciliation Pending EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 EmQIOl'.ee 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 ..,~ <-v 25 26 Ind. Payroll R<;1te · Indirect Cost§ (%) 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 .... rl ... ~ 46.55%1 14.36 .;,J!.J.O"t 30.85 · 46.55%' 14.36 462.81 46.55% 215.44 Report Date: 09/09/2004 • . • Section 27 -Page 10 of 31 IFMS Reconciliation Pending EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Emgloyee Name HICKS, MATTHEW HOWES, ROBERTA KOPOREC, KEVIN P. LEWIS, ROBERT MELENDEZ, LILIA MILLER, HERBERT E., JR. PEL TIER, 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 · Cgsts {%) Costs 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% . 171.30 1,104.00 46.55% 513.91 919.99 46.55% 428.26 -----2,391.99 $1,113.47 43,70 46.55% 20.34. 349,59 46.55% 162.73 777.15 46.55% 361.76 135.86 46.55% 63.24 1,306.30 $608.07 80.24 46.55% 37.35 2,487.30 46.55% 1,157.84 1 8A!i.!i1 46.'i':i% 87771 2,487.28 46.55%• 1,157.83 Report _Date: 09109/2004 • • Section 27 -Page 11 of 31 IFMS ReconciliationPending EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4 Employee 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 ()!'I 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% 9454 5,838.33 $2,717.73 68.81 46.55% 32.03 206.44. 46.55% 96.10 51.62 46.55% 24.03 !38.8~ .,,6. 55~1u ')") f''\''2 vi.. • ..,._. 53.22 46.55%', 24.77 177.38 46.55% 82.57 Report Date: 09/0912004 • • Section 27 -Page 12 of 31 IFMS Reconciliation Pending EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Emi:iloyee Name RICHARDSON, BRENITA ROGERS, SHARON ROTH, MARGARET A. SCIFRES, JENNY L. STEWART, ROBERT<; Costs from 10/01/1980 to 09/09/2004 PAYROLL DIRECT COSTS Fiscal Pay Year Period 2003 11 12 13 14 15 16 17 18 19 20 21 22 23 2003 12 13 15 16 17 2003 15 2003 20 2003 Ind. Payroll Rate Indirect Costs (%) Cost§ 70.95 46.55% 33.03 177.38 46.55% 82.57 1,064.24 46.55% 495.40 215.01 46.55% 100.09 179.17 46.55% 83.40 35.84. 46.55% 16.68 515.60 46.55% .240.0t 847.04 46.55% 394.30 368.29 46.55% 171.44 36.83 46.55% . 17.14 18.41 46.55% 8.57 18.41 46.55% 8.57 55.24 46.55% 25.71 · 4,228.69 $1,968.44 1,954.37. · 46.55% 909.76 2,835.64 46.55% 1,319.99 2,790.66 46.55% 1,299.05 3,465.81 46.55% 1,613.33 180 05 46.55% 83.81 11,226.53 $5,225.94 68.63 46.55% 31.95 ----'----- 68.63 $31.95 , 56.25 46.55% 26.18 ----- 56.25. $26.18 147.79 ~'3.55% 68.80 Report Date: 09109/2004 • _ • Sectior, 27 -Page 13 of 31 IFMS Reconciliation Pending EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 · Employee 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: . TRAVEL DIRECT COSTS Treasury Travel Schedule TravelerNendor Name Number Date BARRETT, DIANE FAYE TM0080041 03/04/2003 TM0085593 03/13/2003 TM0095188 03/2612003 FLORES, LUIS E .. . TM0063181 10/1112002 TM0066145 10/2912002 TM0086609 02119/2003 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% 5.28 ---------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;1.6 46.55% 400.85 46.55% 426.98 46.55% 1 $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 Reconcmation Pending EPA Indirect Costs • Section 27 -Page 14 of 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10101/1980 to 09/09/2004 TRAVEL DIRECT COSTS · TravelerNendor Name Treasury Travel· Schedule Number Date Ind. Travel Rate Indirect Costs (%) Costs FLORES, LUIS E. TM0093797 03/21/2003 426.45 46.55% 198.51 TM0101775 04/10/2003 334.30 46.55% 155.63 2,231.74 $1,038.91 HANSEN, SUSAN E. TM0095956 04/14/2003 342.19 46.55% 159.28 ----- 342.19 $159.28 MILLER, HERBERT E., JR. TM0080291 02/06/2003 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 0V98401896 ACH0400#2005 03/18/2003 378.11 0,00 46.55% 176.01 ACH0400#2009 05/01/2003 636.42 0.00 46.55% 296.25 ACH0400#2014 06/13/2003 2,031.90 0.00 46.55% 945.85 ACH0400#2017 07/10/2003 105.31 0.00 46.55% 49,02 ACH0400#2020. 07/30/2003 30.59 0.00 46.55% 14.24 ACH0400#2022 08/12/2003 2.37 0.00 46.55% 1.10 ACH0400#2024 08/26/2003 120.10 0.00 46.55% 55.91 ACH0400#2026 09/11/2003 9.28 0.00 . 46.55% 4.32. Report Date: 09/0912004 • • Section 27 -Page 15 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 OTHER DIRECT COSTS Contract, Treasury Annual/SMO Ind. IAG, SCA, Voucher Schedule Site Allocation Rate Indirect Misc.NO Number · Date Amount Costs . (%) Costs OV98401896 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 12130/2002 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 0313112003 2,550.76 0.00 46.55% 1,187.38 06320457 05/0112003 -11.92 0.00 46.55% -5.55 06321766 06/0212003 266.81 0.00 46.55% 124.20 06322837 06126/2003 -16.99 0.00 46.55% -7.91 06323878 07/31/2003 -97.59 0.00 46.55% -45.43 06325740 08128/2003 -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 .06111/2003 1,555.49 571.49 46.55% 990.11 13144 06/16/2003 · 270.52 99.39 46.55% 172.19 13183 0611712003 1,555.49 571.49 46.55% 990.11 13184 06/1812003 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 07121/2003 1,190.00 437.21 46.55% 757.47 3MD1Y29 07121/2003 2,040.00 749.50 46.55% 1,298.51 3MD1Y28 07/2112003 1,530.00 562.13 46.55% 973.89 3MD1Y58 07/21/2003 340.00 124.92 46.55% 216.42 6,375.00 2,342.20 $4,057.86 Report Date: 09/0912004 • • IFMS Reconciliation Pending Section 27 -Page 16 of 31 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 3-29-016 3-29-021 3-30-016 3-30-021 3-31-021 3-31-016 3-32-021 3-32-016 68-W0-1034 23 24 25 26. 68-W0-2014 1051731 1052569 1052789 1052787 68-W0-2067 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 05/2912003 06/25/2003 06/25/2003 07/24/2003 07/2412003 09/05/2003 09/05/2003 06/04/2003 · 07/03/2003 08/06/2003 09/08/2003 09/1912003 09/19/2003 09/30/2003 09/3012003 06/03/2003 06/11/2003 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: 0910912004 • 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, IAG, SCA, Voucher Treasury Schedule Site Misc.NO Number Date Amount 68-W0-2067 20445 09/16/2003 1,160.00 2,114.54 68-W0-2068 232156 06/17/2003 1,642.20 232157 06/18/2003 1,701,00 · 232153 06/18/2003 1,688.40 232154 06/23/2003 1,630.86 232155 06/23/2003 1,560.09 232158 06/23/2003 714.00 8,936.55 68-W0-3018 30478 07/03/2003 3,220.80 3,220.80 68-W0-3019 30124 07108/2003 5,638.32 30105 07/08/2003 3,512.88 30115 07/10/2003 3,298.86 30114 07/15/2003 2,789.64 30129 07/17/2003 4,084.83 30128 07/17/2003 1,247.22 30127 07/17/2003 2,686.32 23,258.07 68-W0-3021 13529 07/22/2003 8,820.90 13531 07/22/2003 . 6,471.90 13563 07/22/2003 2,592.00 13530 07/22/2003 3,280.50 13534 07/22/2003 2,843.10 13578 07/24/2003 2.899,80 13601 07/29/2003 3,564.00 . 13768 08/12/2003 162.00 Annual/SMO Ind. Allocation Rate Costs (%) 0.00 46,55% 0.00 603.35 46.55% 624.95 46.55% 620.32 46.55% 599.18 46.55% 573.18 46.55% 262.33 46.55% 3,283.31 1,183.33 46.55% 1,18333 0.00 46.55% 0.00 46.55% 0.00 46.55% 0.00 46.55% 0.00 46.55% 0.00 46.55% 0.00 46,55% 0.00 3,240.83 46.55% 2,377.80 46.55% 952,31 46.55% 1,205.27 46.55% 1,044.56 46.55% 1,065.40 46 !'i!'i¾ 1,309.42 46.55%:, · 59.52 46.55% Indirect Costs 539.98 $984.32 1,045.30 . 1,082.73 · 1,074.71 1,038.08 993.04 454.48 $5,688.34 2,050.12 $2,050.12 2;624,64 1,635.25 1,535.62 1,298.58 1,901.49 580,58 1,250.48 $10,826.64 5,614.74 4,1.19.54 1,649.88 2,088.13 1,809.71 · 1,!'!45.80 2,268.58 103.12 Report Date: 09/0912004 • IFMS Reconciliation 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 09109/2004 OTHER DlRECT 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 08112/2003 291.60 107.13 46.55% 185.61 13770 ,08/12/2003 510.30 187.49 46.55% 324.82 13784 08/1312003 1,611.90 · 592.22 46.55% 1,026.02 13783 08/13/2003 1,458.00 535.67 46.55% 928.05 15355 09122/2003 5,478.55 2,012.84 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 07108/2003 3,403.89 0.00 46.55% 1,584.51 19,401.92 0.00 $9,031.59 68-W?-0026 154 12/1912002 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 05/16/2003 10,586.11 725.34 46.55% 5,265.48 169 0611912003 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 0911212003 9,519.48 65226 46.55% 4,734.94 185,540.94 12,712.89 $92,287.15 A3BK0000118 436530 03121/2003 1,027.22 0.00 46.55% 478.17 ---------1,027.22 0.00 $478.17 • Report Date: 0910912004 .IFMS ReconciliaUon Pending EPA Indirect Costs • Section 27 -Page 19 of 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Contract, !AG.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 05/0912003 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 Emglo'.lee 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 Costs {%) 291.86 46.55% 1,042.38 46.55% 547.72 46.55% 273.84 46.55% 2,155.80 19.59 46.55% 48.94 46.55% 81.91 46.55% 150.44 217.20 46.55% 190.05 46.55% 54.30 46.55% Indirect CQSI§ 135.86 485.23 254.96 127.47 $1,003.52 9.12 22.78 38.13 $70.03 · 101.11 88.47 25.28 Report Date: 09/09/2004 ' • 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 09/09/2004 PAYROLL DIRECT COSTS Ind. Fiscal Pay Payroll Rate Indirect EmQIO;iee 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 12 539.40 46_.55% 251,09 4,896.08 $2,279.13 FLORES, LUISE. 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: 09/09/2004 • IFMS Reconciliation Pending· • EPA Indirect Costs Section 27 -Page 21 of 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID = A4 S4 Emglol'.ee Name FLORES, LUIS E, HANSEN, SUSAN E. HARVEY, JACQUELINE HEALY, HELENA HEY, ANDREW N. Costs from 10/01/1980 to 09/09/2004 . PAYROLL DIRECT CO3TS 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 (%) ' Qosts 984.07 46.55% 458.08 1,450.23 46.55% 675.08 · 362.56 46.55% 168.77 1,243.06 46.55% 57864 1,243.06 46.55% 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% 77.05 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% 12.34 --------- 26.51 $12.34 80.84 46.55% 37.63 Report Date: 09109/2004 .IFMS Reconciliation Pending . • EPA Indirect Costs Section 27 • Page 22 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 EmQloyee Name Year Period Costs (%) Qosts 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% 10182 14 109.38 46.55% . 50.92 15 134.03 46.55% 62.39 16 22.3.5 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 1 ('\ ")Q'J 0"7 ,._ ;. ,..,... l ...,,.. ,..,,,.,. .. ,.,.., ..... , ..P'+,O'-:'·.,;)O Report Date: 09/0912004 • IFMS Reconciliation Pendinlt · EPA Indirect Costs Section 27 • Page 23 of 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= 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 Payroll Costs 34.65. 34.65 1,247.43 1,316.73 544.61 77.32 1,984.45 373.68 103.10 618.53 154.63 3,856.32 Ind. Rate (%) 46.55% · 46.55% 46.55% 46.55% 46.55% · 46.55% 46.55% 46.55% 46.55% 46.55% Indirect Costs 16.13 16.13 580.68 $612.94 253.52 35.99 923.76 173.95 47.99 287.93 71.98 $1,795.12 55.16 46.55% 25.68 ---------. 55.16 $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 $56.10 1,171.97 372.91 46.55% 46.55% ' 545.55 173.59 i Report Date: 09/09/2004 • IFMS Reconciliation Pending • EPA Indirect Costs Section 27 • Page 24 of 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Em12lo:tee 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 Costs (%) ~osts 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 46.55% 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°/o• 733.30 Report Date: 09/09/2004 • IFMS Reconciliation Pending • Section 27 -Page 25 of 31 EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Costs from 10101 /1980 to 09/09/2004 PAYROLL DIRECT COSTS Ind. Fiscal. Pay Payroll Rate Indirect Emglo','.ee Name Year Period Costs (%) Cost~ 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 Pending. Section 27 -Page 26 of 3·: EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 · Costs from 10/01/1980 to 09/09/2004 TRAVE:L DIRECT COSTS TravelerNendor Name Treasury Travel Schedule Number Date Ind. Travel Rate Indirect Costs (%) Costs FLORES, LUIS E TM0241526 08117 /2004 407.96 46.55% 189.92 407.96 $189.92 HARVEY, JACQUELINE TM0201739 04/21/2004 817.64 46.55% 380.62 TM0216744 06/02/2004 170.41 46.55% 79,32 ----- 988.05 $459.94 HICKS, MATTHEW TM0187852 03/2312004 811.79 46.55% 377.89 -----811.79 $377,89 · JACKSON, FELICIA G. TM0201495 0412312004 999.27 46.55% 465.16 -----999.27 $465.16 MILLER. ANGELA R · TM0204285 05/10/2004 100.91 46.55% 46.97 -----100.91 $46.97 RICHARDSON, BRENITA TMO 189958 0311912004 947.57 46.55% 441.10 TM0200620 04128/2004 918.91 46.55% 427.75 ;.__, __ _ 1,866.48 · $868.85 STILMAN, TERRY TM0239731 0811712004 339.36 46.55% 157.98 ----- 33,9.36 $157.98 Report Date: 09/0912004 • IFMS Reconciliation Pending • EPA lndJrect Cp~ts . Sectio.~ 27 -Page 27 or 31 WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 TravelerNendor Name WILLIS, DIANNE Costs from 10/01/1980 to 09/09/2004 TRAVEL DIRECT COSTS Travel Number TM0201758 Treasury Schedule Date 04/23/2004 Total Fiscal Year 2004 Travel Direct Costs: Contract, IAG, SCA, Voucher _M_is_c._N_O __ Number OV98401896 ACH0400#2030 ACH0400#2032 ACH0400#2034 OTHER DIRECT COSTS Treasury Schedule Site Date Amount 10/17/2003 · 67.63 11/03/2003 574.23 11/12/2003 44.04 Ind. Travel Rate Indirect Costs (%) Costs · 849.64 46.55% 395.50 -----849.64 $395.50 6,622.85 Annual/SMO Ind. Allocation Rate Costs (%) 0.00 46.55% 0.00 46.55% $3,082.95 Indirect Costs 31.48 267.30 --------~-------------_ 0.00 46.55% ----20.50 _ _ ACH0400#2036 ACH0400#2038 ACH0400#2040 ACH0400#2042 ACH0400#2044 ACH0400#2046 ACH0400#2048 ACH0400#2050 ACH0400#2052 ACH0400#2056 ACH0400#2058 ACH0400#2060 ACH0400#2062 ACH0400#2064 ACH0400#2066 ACH0400#2068 11/28/2003 12/16/2003 01/20/2004 01/30/2004 02/12/2004 02/26/2004 03/12/2004 04/16/2004 04/23/2004 05/10/2004 06/02/2004 06/10/2004 07/01/2004 0711312004 07/28/2004 08/13/2004 540.20 43.59 1,315.03 1,166.88 90.51 907.84 6959 943.99 1,895.20 138.65 1,593.67 122.32 901.27 69.21 . 1,001.49 76.91 11,562.25 0.00 46.55% 251.46 0.00 46.55% 20.29 0.00 46.55% 612.15 0.00 46.55% 543.18 . 0.00 46.55% 42.13 0.00 46.55% 422.60 0.00 46.55% 32.39 0.00 46.55% 439.43 0.00 · 46.55% · 882.22 0.00 46.55% 64.54 0.00 46.55% 741.85 0.00 46.55% 56.94 0.00 46.55% 419.54 0.00 46.55% 32.22 0.00 46.55% 466.19 0.00 46.55% 35.80 --------- 0.00 $5,382.21 r<eport uate: w1u,11:;uu4 .• IFMS Reconciliation Pending • Section 27 -Page 28 of 31 Contract, IAG, SCA, Misc.NO 3R0191NTEX 68-D0-0267 68-W0-0082 68-W0-1009 68-W0-1034 EPA Indirect Costs WARD TRANSFORMER NC, RALEIGH, NC SITE ID= A4 S4 Voucher Number M802589 06328779R 06330714R 06337438 17321 17322 3-33-016 3-34-016 4-35-027 4-36-021 4-36-027 4-37-021 4-37-027 4-38-027 4-40-027 27 28 31 1-1 1-2 Costs from 10/01/1980 to 09/09/2004 OTHER DIRECT COSTS Treasury Schedule Date 0210512004 10/3112003 1211812003 04/2712004 01/21/2004 01/21/2004 . 10102/2003 10/3112003 11/26/2003 12130/2003 12/3012003 02105/2004 02/0512004 03103/2004 04/28/2004 10/02/2003 11/07/2003 02/05/2004 02/06/2004 03/04/2004 · Site Amount 6,022.25 6,022.25 -31.87 -2.77 11.32 -23.32 202.89 223.15 426.04 620.08 2,170.10 832.30 843.14 3,819.08 4,233.57 3,345.06. 3,078.01 78405 19,725.39 3.13.89 14.60 1,136.99. 180.99 33.74 Annual/SMO Allocation Costs 000 0.00 0.00 0.00 0.00 0.00 74.54 81.99 156.53 784.25 2,744.64 1,052.65 1,066 36 4,830.19 5,354.41 4,230.67 3,892.92 991.63 24,947.72 115.32 5.36 417.73 66.50 12.40 Ind. Rate Indirect (%) Costs 46.55% 2,803.36 $2,803.36 46.55% -14.84 46.55% -1.29 46.55% 5.27 $-10.86 46.55% 129.14 46.55% 142.04 $271.18 46.55% 653:72 46.55% 2,287.81 46:55% 877.44 46.55% 888.87 46.55% 4,026.24 46.55% 4,463.20 46.55% · 3,526.50 46.55% 3,244.97 46.55% 826.58 $20,795.33 46.55% . 199.80 46.55% 9.29 46.55% 723.72 46.55% 115.21 46.55% 21.48 ' ~ Report Date: 09/09/2004 • 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 02/1712004 3,486.00 0.00 46.55% 1,622.73 1057341 02/26/2004 · 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 01/21/2004 324.00 119.04 46.55% 206.24 17353 01/26/2004 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-W?-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 · 05/20/2004 22,653.98 1,552.21 46.55% 11,267.98 188 (J6i25i2OO4 45,621.50 3, i25.59 46.55%, ZL,ti!:l1.!:f1 190 07/15/2004 1,297.91 88.93 46.55% 645.57 ,I i Report Date: 0910912004 • 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 . 08/2012004 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 Repo1 Date: 09/09/2004 • IFMS Reconciliation Pending • Section 27 -Page 31 al 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. JAG, 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 • • Attachment E List of Potentially Responsible Parties ... • • Ward Transformer, Inc. North Carolina Superfund Site PRP List Mr. Robert E. Ward, III, President Ward Transformer Sales & Service, Inc. Ward Transformer Company, Inc. Ward Ventures, L. L. C. Reward Properties, L. L. C. 6720 Mount Herman Road Raleigh, NC 27612 Mr. Alfred Allsbrook 2442 Whites Mill Road Sumpter, SC 29153-8642 Mr. James Jura, General Manager Associated Electric 2814 S. Golden Avenue Springfield, MO 65807 Mr. Lynwood Scott, Director Director o(_Safety & Env. Quality Bassett Furniture Industries, Inc. 3525 Fairystone Park Highway Bassett, VA 24055 Mr. Richard Gerrard, President Beta Marine 11702 Highway 306 Arapahoe, NC 28510 Mr. J. B_rett Harvey, President Site ID #A4S4 Bishop Coal Company, n/k/a CONSOL Energy, Inc. Consolidated Coal, n/k/a CONSOL Energy, Inc. Itmann Coal Company, n/k/a CONSOL Energy, Inc. Consol Plaza, 1800 Washington Road Pittsburgh, PA 15241-1421 Mr. Robert McGehee, President C.P. & L., a/k/a Carolina Power & Light, d/b/a Progress Energy Carolinas (Raleigh & Gamer, NC) 410 S Wilmington Street Raleigh, NC 27601-1748 .. .. • Mr. Brian Campbell, Owner Campbell Electrical, a/k/a Brian Campbell Electric 2582 Highway 24 Newport, NC 28570 Honorable E. Thomas Messier Mayor, City of Bedford 215 East Main Street Bedford, VA 24523 Honorable John Peyton Mayor, City of Jacksonville 117 W. Duval St 4th Floor City Hall at St. James, Suite 400 Jacksonville, FL 32202 Mr. Bill Cotter, Owner Cotter Electric, a/k/a The Cotter Electric Equipment Co., a/k/a River Electric Company (Royal Oak & Howell, Ml) 160 Catrell Dri've Howell, Mf 48843 Custom Electrical Products 5141 North 35th Street Milwaukee, WI 53209 Mr. Michael Anderson, President Decco, a/k./a Donovan Engineering & Construction Co., Inc. 4 Preston Court Bedford, MA 01730 Mr. Edward Duff 291 S Tower Road. Huntington Valley, PA 19006-5013 · Mr. Mike Rogers, General Manager Eddy Electric Motors, a/k/a Eddy Electric Motor Company, Inc. 115 Water Street Southington, CT 06489 • Mr. William C. Hopkins Electric Motor Service • .1727 Shadybrook Road Charleston, WV 25314-2269 Mr. Terrence Reilly, CEO Empire Electric, afk/a Empire Electric Company, Inc. 1613 63rd Street Brooklyn, NY 11204 Mr. Dan McNaull, President Fire!and Electric Coop, a/k/a Firelands Electric Cooperative Inc I Energy Place New London, OH 44851 Mr. Richard Lenny, President Hershey Foods, a/k/a Hershey Foods Corporation I 00 Crystal A. Hershey, PA 17033-0810 Mr. Alan Kem, President International Power Machine Company, a/k/a Intematinal Power Machinery Company 834 Terminal Tower Cleveland, OH 44113 Mr. Michail Zurowski, President Jet Electric Motors 688 School Street Pawtucket, RI 02862 Mr. John Zvolensky, Jr., President Kuhlmon Electric, a/k/a Kuhlman Elec"tric Corporation IO 1 Kuhlman Boulevard Versailles, KY 40383 Mr. John Darby, President Niagara Transformer, alk/a Niagara Transformer 1747 Dale Road Buffalo, NY 14225 • .. • Mr. Richard Frank Parkersburg Industrial Park d/bla Camden Group, Ltd. 350 Madison Avenue New York, NY 10017 . Ida Pomerantz, Owner Paul Oberman & Company 1 New Ballas Place, Apt. # 536 St. Louis, MO 63146-8706 Mr. Jerry Hickman, Safety Supervisor Pocahontas Fuel, a/k/a Pocahontas Fuel Company Division of Consol, Inc. 627 Claypool Hill Mall Road Cedar Bluff, VA 24609 Mr. Gene Froehling, President Porter Electric, alk/a Lakeland Engineering Equipment Company (Hopkins & Minneapolis, MN) 5735 Lindsay Street Minneapolis, MN 55422 R. B. Electric, alk/a R & B Electric Ltd 2439 Hudson Avenue Cincinnati, OH 45212 Mr. John Davis, President Sho Me Power Corporation 301 W. Jackson Street Marshfield, MO 65706 Mr. James Langford, Vice President Standard Sand & Silica Company 1850 U.S. Highway 17-92 North Davenport, FL 33837-8608 Mr. Jim Duncan, CEO & General Manager Sumter Electric, aik/a Sumter Electric Cooperative, Inc. 330 North U.S. Highway 301 Sumterville, FL 33585-5352 • Mr. J. Brian Ferguson, Chairman and CEO Tennessee Eastman, afk/a Eastman Chemcial Company 100 N. Eastman Road Kingspon, TN 37660 Joanne Gallagher, President Thunder Bay Manufacturing, a/k/a Thunder Bay Manufacturing Corporation 666 McKinley Avenue Alpena, Ml 49707 Honorable Leroy Pond Mayor, Town of Salamanca 4295 Center Street Extension Salamanca, NY 14779 Mr. John Britt, President Transpower Company, a/k/a Transpower, Inc. 2011 Middle Road Fayetteville, NC 2830 I Mr. Oswald J. Zeringue President and COO TVA, a/kh Tennessee Valley Authority (Muscle Shoals, AL) 400 W. Summit Hill Drive Knoxville, TN 37902-1499 Mr. Jay Johnson, President Vepco, a/k/a Virginia Electric and Power Company 70 l E. Cary Street Ruthman, VA 23219 WYE Electric 107 Jefferys Drive Newpor! News, VA 23601-3021 5 • Attachment F SBREFA Fact Sheet ( ' United States Environmental Protection Agency Office of Enforcement and Compliance Assurance (2201A) EPA 300-F-03-001 October 2003 •.';.;: . ··. •, ·~_:,:(:~:;---:. .. -') \/', U~ · $,~ EPA Complianc'Q.Assistance Resource~ .. :)/:~t< . . .. , _,.. ~ . . ..,.: If you own a business, the United States Environmental Protection Agency (EPA) offers a variety of compliance assistance and tools to assist you in complying with federal and state envimnmental laws. These resources can help you understand your environmental obligations, improve compliance and find cost-effective ways to comply through the use of pollution prevention ancl other innovative technologies Hotlines, Helplines and Clearinghouses EPA sponsors approximately 89 free hotlines and clearing- houses that provide convenient assistance regarding environmental requirements. The National Environmental Compliance Assistance Clearinghouse provides quick access to compliance assis- tance tools, contacts, and planned activities from the U.S. EPA, stat€s, and other compliance assistance providers: v,w,N. epa. gov/clearinghouse Pollution Prevention Clearinghouse \','VN✓• er.c1 .g ov/o pptin~r/li bra ry.lppi ci nd ex. ht111 i:::1-'A's Srnal1 !3usincss Ombudsman Hotline provides regulatory and technical assistance information. (800) 368-5883 Emcrg'211cy ~lar.r~ing and Community Right-Ter-Know Act (800) 424-S346 National Response Center (to report oil and hazardous sub- stance spills) (800) 424-8802 Toxics Substances and Asbestos Information (20?) 554-1404 Safe Drinking Water 1800) 4 26-4 791 Stratospheric Ozone Refrigerants Information I 800) 296-1996 Clean Air Technology Center (919) 541-0800 Wetlands Helpline (800) 832-7828 Recycl @di Recyclabh, Printed with Soy:Canola in~ on panc-r that contains at least 30¾ pos: consumer fiber EPA Websites EPA has several Internet sites that provide useful compli- ance assistance information and materials for small businesses. If you don't have access to the Internet at your business, many public libraries provide access to the Internet at minimal or no cost. EPA's Home Page VNAN.epa.gov Small Business Assistance Program VN!W.epa .gov/ltnlsbap Compliance Assistance Home Page W\WJ.epa.gov/coinplic1nce/assistance Office of Enforcement and Compliance Assurance www.epa.gov/compliance Innovative Programs for Environmental Performance VM'Vv.epa.gov/partners Small Business Ombudsman www.epa.gov/sbo --- ",. . ' u.s. EPA' SMALL BUSINESS; RES.OURCES ' -: ' ' I Compliance Assistance Centers In partnership with industry, universities, and other federal and state agencies, EPA has established Compliance Assistance Centers (CP~tsrs) t~al pr0viCc information targeted to industries with many small businesses. All Centers can be accessed at: http://www.assistancecenters.net Metal Finishing (1-800-AT-NMFRC or www.nmfrc.org) Printirig (1-888-USPNEAC or www.pneac.org) Automotive Service and Repair (1-888-GRN-LINK or www.ccar-greenlink.org) Agriculture (1-888-663-2155 or www.ena.gov/agriculture) Printed Wiring Board Manufacturing (1-734-995-4911 or www.pwbrc.org) Chemical lildustry (1-800-672-6048 or www.shemal!iance.org) Transportation Industry II' (1-888-459-0656 or www.transource.org) Paints and Coatings (1-800-286-6372 or www.paintcenter.org) Construction Industry ('NWw.cicacenter.org) Automotive Recycling Industry (www.ecarcenter.org) US/ Mexico Border Environmental Issues (www.bordercenter.org) State Agencies Many state agencies have established compliance assis- tance programs that provide on-site and other types of assistance. Contact your local state environmental agency for more information or call EPA's Small Business Om- budsman at (800)-368-5888 or visit the Small Business Environmental Hnmepage at http://www.smallbiz- enviroweb.org/state.html. Compliance Incentives EPA provides incentives for environmental compliance. By participating in compliance assistance programs or voluntarily disclosing and promptly correcting violations before an enforcement action has been initiated, busi- EPA has two policies that potentially apply to small businesses: The Small Business Policy (http:// www.epa.gov/compliance/incentives/smallbus:,ess) and Audit Policy (http://www.epa.gov/compliance/incentives/ auditing). Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement Fairness Act (SBREFA) established an ombudsman ("SBREFA Ombuds- man") and 10 Regional Fairness Boards to receive comments from small businesses about federal agency enforcement actions. The SBREFA Ombudsman will annually rate each agency's responsiveness to small businesses. If you believe that you fall within the Small Business Administration's definition of a small business (based on your North American Industry Classification System (NAICS) designation, number of employees or annual receipts, defined at 13 C.F.R. 121.201; in most cases, this means a business with 500 or fewer employees), and wish to comment on federal enforce- ment and compliance activities, call the SBREFA Ombudsman's toll-free number at 1-888-REG-FAIR (1-888- 734-3247). Every small business that is the subject of an enforcement or compliance action is entitled to comment on the Agency's actions witho'ut fear of retaliation. EPA employees are prohibited from using enforcement or any other means of retaliation against any member of the regulated community because the regulated community previously commented on its activities. Your Duty to Comply If you receive compliance assistance or submit comments to the SBREFA Ombudsman or Regional Fairness Boards, you still have the duty to comply with the law, including providing timely responses to EPA information requests, administrative or civil complaints, other enforcement actions or communications. The assistance information and comment processes do not give you any new rights or defenses in any enforcement action. These processes also do not affect EPA's obligation to protect public health or the environment under any of the environmental statutes it enforces, including the right to take emergency remedial or emergency response actions wi 1en appropriate. Those decisions will be based on the facts in each situation. The SBREFA Ombudsman and Fairness Boards do not participate in resolving EPA's enforcement actions. Also, remember th.at to pres .. ;e your rights, you need lo comply wn;, oli rules governin• .he enforcement process. EPA is dissem, :ting this information to you without making a d~termination that your business or organization is a small business as defined by Section 222 of the Small Business Regulatory Enforcement Fairness Acr (SBREFAj ur reiaieci provisions.