NCD980840409_19930313_Charles Macon Lagoon & Drum_FRBCERCLA SPD_Compliance Orders 1988 - 1992-OCR

MAR 1 3 1992
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Acme Nameplate & Manufacturing, Inc. Arthur B. Ebbers 1973 1920 Ashcraft Ave.
Monroe, NC 28110
Re: The Macon/Dockery Site (the "•Site") Cordova, North Carolina
Dear Mr. Ebbers:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Pa:i;ties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week ext·ension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30; 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at.[phone].
Sincerely,
"~~~~~-_-\-\~ Donald J. Guinyard\~'"\,\
Director, Waste Management Division
Printed on Recycled Paper
'· • cc: North Carolina Department o'f Environmental Heal th and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Sanford Steelman
P.O. Box 1034
Monroe, NC 28110
ITED STATES ENVIRONMENTAL PIECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Atlantic Recovery Systems~ Maryland Richard Wallace
7421 Washington Blvd. Oakridge, MD 21227
Rez The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr, Wallace:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr, Thomas W, Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
~~J~-~ \-Director, waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer u.s. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
MAR 1 2 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Atlantic Recovery Systems -Pennsylvania Richard Wallace
7421 Washington Blvd. Oakridge, MD 21227
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Wallace:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomae w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e){4). EPA believes that the PRPe' request for this two week extension ie reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPe identified after the ·selection of the remedy documented in the Record of Decision (ROD)" dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. Thie comment period commenced on January 9, 1992, when EPA notified all PRPe that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free. to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
~~;~~~
Director, Waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET, N.E.
ATLANTA, GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
B.W. Mitchum Trucking Company, Inc. Elza H. Mitchum, President
2929 Campastella Road Chesapeake, VA 23324
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Mitchum1
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (el(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely, · D~~~~-~~~
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Warren R. Rich, Esq. Frank Casper, Esq.
Rich, Tucker & Rice
93 Main Street
Annapolis, MD 21401
• • • • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Braswell Shipyards
Braswell Services Group, Inc. Elliot s. Braswell
60 Brarwell Street
Charleston, SC 29405
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Braswell:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs~) request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U. S .c. Section 9622 ( e) ( 4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPe identified after the selection of the remedy documented in the Record of Decision (ROD) dated ·September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. Thie comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency·Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
t~~~~
Do=ld J. Guinyard ~" Director, Waste Management Division
Printed on Recycled Paper
• •
, cc: North Carolina Department of Environmental Health and ·Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Pam Savage
1201 w. Peachtree Street, NW Atlanta, GA 30305
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
RETURN RECEIPT REQUESTED
C & M Oil Distributors~ Inc.
c/o Warren R. Rich, Esq.
Rich, Tucker & Rice
93·Main Street
Annapolis, MD 21401
Re: The Macon/Dockery Site (the "Site")
Cordova, North Carolina
Dear Mr. Rich:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially · Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120. day moratorium period, which began on. January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 c.F.R. Section 300. Should you have any questions concer.ning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
~.~)\~~~
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan Office of Enforcement
Mr, James Lee
Regional Environmental Officer U.S. Department of the Interior
Frank Cooper, Esq. Rich, Tucker & Rice 93 Main Street
Annapolis, MD 21401
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carolina Power & Light Company (CP&L) Richard E. Jones
411 Fayette St.
Raleigh, NC 27602
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Jones:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of 'the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
i\~G~~~
Director, waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIROl-!MENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Chem-Care
Chem-Care Products, Inc. Rons. Smith
Suite 22
1373 E .. Morehead Street Charlotte, NC 28204
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Smith:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomae w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 39, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, ~his letter also serves to notify those PRPs identified_ after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely, · ~~~d\\)~~
Director, Waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie All~n, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clark Equipment Company
Donald W. Commons, Esq.
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
Clark Equipment International
1-77 at I-40
Statesville, NC 28677
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Commons:·
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability. Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began -on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should·you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
~~b~~~
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Thomas w. Daggett
Wildman, Harrold, et. al. 225 West Wacker Drive
Chicago, IL 60606
ITED STATES ENVIRONMENTAL P!ECTION AGENCY
REGION IV
345 COURTLAND STREET, N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Crown Cork & Seal
Lee Draper
Director of Environmental Protection 9300 Ashston Road
Philadelphia, PA 19136
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Draper:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
l~~d'"'~\~ Director, waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Tom Barefoot
Fiest Union
2500 Capitol
Raleigh, NC
Center
27601
• • UNITED STATES ENVIROf'!MENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dana-Spicer Inc.
CT Corporation
225 Hillsborough St. Raleigh, NC 27603
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Sir or Madam:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal ,of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was'being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
t~~~\~·
· Do=ld J. Guinyard ~ ~ Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Rita Sheffey
Hunton & Williams
2500 One Atlanta Plaza 950 East Paces Ferry Road Atlanta, GA 30326
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Deytens Shipyard
D. Loy Stewart
Route 2, Box 180
Mt. Pleasant, SC 29575
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Sir or Madam:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline. for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please· feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
§.~,~~~~
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr, James Lee
Regional Environmental Officer U.S. Department of the Interior
Michael Molony
Box 993
Charleston, NC 29402
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET, N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John C. Dockery, Personal Representative of Eleanor Dockery
P. Wayne Robbins Esq. Robbins, May, Rich & Scarbarough P.O. Box 370.
Pinehurst, NC 28324
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Robbins:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions· of the National Contingency Plan, 40 C.F.R. Section 300. Should you_ have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at ( 404) 34 7-2641.
(~:'h ,-. . ~ ,'2, ~ I\.,
Donald J. Guinyard \~VL..
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles·de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John C. Dockery
P. Wayne Robbins, Esq. Robbins, May, Rich & Scarbarough P.O. Box 370
Pinehurst, NC 28324
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Robbins:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Sec_tion 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
~~ ~~ ,\J~ .. ± .. \\'m
Donald J. Guinyard ~"\. \~' Director, waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
ITED STATES ENVIRONMENTAL PR,ECTION AGENCY
REG.ION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mary Williams Dockery (Dufty) P. Wayne Robbins, Esq. Robbins, May, Rich & Scarbarough P.O. Box 370
Pinehurst, NC 28324
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Robbins:
The purpose of uhis letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U. S .c. Section 9622 (e) ( 4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend t.he due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
st~h~,
Donald J. Guinyard ~ ~ Director, waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sairfax Dockery
P. Wayne Robbins, Esq. Robbins, May, Rich & Scarbarough P.O. Box 370
Pinehurst, NC 28324
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Robbins:
The purpose of this letter is twofold, First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and ti.me of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should.you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
~t~·,~~\~
Do=ld J. Guinyani ~~ Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
ITED STATES ENVIRONMENTAL PI-ECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
E.I. DuPont DeNemours & Company C.T. Corporation System 225 Hillsborough St. Raleigh, NC 27603
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Sir or Madam:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S. C. Section 9622 ( e) ( 4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.P.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely, ~~~=~+~ Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Brenda Bilous
Dupont
1007 Market Street
Wilmington, DE 19809
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Easco
Mr, Duane Gossett, President 706 South State Street Gerard, Ohio 44420
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Gossett:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 u.s.c. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May B, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300, Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
1:;",~.:,:: ~~~
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRO~MENTAL PROTECTION AGENCY
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Gen Corp, Inc.
General Tire, Inc.
CT Corp. Systems
75 Beattie Pl.
2 Shelter Ct.
Greensville, SC 29601
REGION IV
345 COURTLANO STREET. N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Sir or Madam:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr, Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 u.s.c. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone]. · ,~y'~~\~
Donald J. Guinyard ~w Director, Waste Management Division
Printed on Recycled Pape[
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen~ Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James .Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRO~MENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
Infinger Trucking Company Infinger Transportation Company James E. Gay, Jr. 226 N. Trade St.
Winston-Salem, NC 27101
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Gay:
The purpose of this letter is· twofold. First·, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive-Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter;
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions.of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at (404) 347~2641.
\~~~~\.-
Donald J. Guinyard
Director, waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr, James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J & L Industries, Inc.
J. R. Syzman, Esq. 6923 Ebenezer Road Baltimore, MD 21220
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
Rei The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Syzman:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March JO, 1992. However, the final deadline for the 120 day moratorium period, which. began on January 9, 1992, will remain May 8, 1992. EPA will notify you· as to the date and time of the first negotiation meeting to be held shortly thereafter. .
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September JO, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section JOO. Should you have any questions concerning this· matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ATLANTA. GEORGIA 30365
Jack Holder Enterprises, Inc. [James Waste Oil]
Cecil Jackson Holder 210 Dalton Avenue
Charlotte, NC 28206
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Holder:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and ti.me of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those. PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that t~eir opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincere!~ . \ L .
~~,: ,.,;;:.;--'~~~\<-
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer u.s. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Loftins
Carl L. Tilghman Esq. P.O. Box 748
311 Turnes St. Beauford, SC 28516
345 COURTLAND STREET, N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Tilghman:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisi_ons of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional counsel, at [phone].
s\~~'~ . ~~
no=ld J. Guiny=d ~ \'--Director, Waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. u.s. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IMR 1 3 19~;1
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dorothy Macon
Donald M. Dawkins
345 COURTLANO STREET. N.E.
ATLANTA. GEORGIA 30365
Dawkins & Nichols, Attorneys P.O. Box 757
Rockingham, NC 28379
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Ms. Macon and Mr. Dawkins:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomae w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and · Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992 .-EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD'will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
teer~ .
Do~~ J. Guinyard ~ ~ W-Director, waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan Office of Enforcement
Mr. James Lee
Regional Environmental Officer u.s. Department of the Interior
• • UNITED STATES ENVIRON.MENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mosteller Oil Company
Latta P. Mosteller
Bernice Mosteller
1212 Meadow Lane
Charlotte, NC 28205
345 COURTLAND STRE~T. N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. and Ms. Mosteller:
The purpose of this let"ter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, wi'll remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
t~b~,\) -
Do=ld J. Guinyard ~~ Director, Waste Management Division
Printed on Recycled Paper
• -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Drew Smith
Platt Saco Lowell Corporation P.O. Box 2327
Greenville, SC 29602
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Smith:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992,. when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. · Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Sincerely,
\,_ ~ ~ ~ ,.~ ~\ Donald J. Guinyard
Director, Waste Management Division
Printed on Recycled Paper
• •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Robert deHoll
Weatherwood, Walker, Todd & Mann 100 E. Coffee Street P.O. Box 87
Greenville, SC 29602-0087
ITED STATES ENVIRONMENTAL P!ECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Salvage Oil Company of America Clifford Hatcher
1208 1/2 Airport Rd. Rockingham, NC 28379
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Hatcher:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 u.s.c. Section 9622 (e)(4), EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30 ,, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to ·the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone]. ·
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
MAR 1 3 19~?
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Seabrook Oil co., Inc. Allen Seabrook
P.O. Box 5123
N. Charleston, SC 29406
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Seabrook:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(el(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 u.s.c. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
~~~\~
Donald J, Guinyard ~ \~ Director, Waste Management Division
Printed on Recycled Paper
• •
-2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr, James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 J 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
South Carolina Electric & Gas Company Randy Mahan
1426 Main Street
Columbia, SC 29201
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Mahan:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National. Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
~incere1{-~" -+.*\ \,~'-~~\~
Donald J. Guinyard
Director, Waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of ·Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
James w. Orr
Bavers, Orr & Robertson
1401 Main Street, Suite 1100 P.O. Box 7307
Columbia, SC 29202
• • UNITED STATES ENVIRON_MENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Timken Co.
William Fladung, Manager of Environmental Affairs 1835 Duever Ave. SW Canton, Ohio 44706
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Fladung:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that'the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
t~~~,\\
no=ld J. Guinyard ~\~ Director, waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Steve Reilly
Day & Ketterer
Suite 1602
50 W. Broad Street
Columbus, OH 43225
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tom Parsell Chevrolet
Thomas J. Parsell
1111 Morrison
Charleston, SC 29403
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Parsell:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas w. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties• ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992 ,. until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9,. 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
'\~l~~~
Donald J, Guinyard ~~ Director, Waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
MAR 1 3 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fred Ward
Route 3, Box 170 Roanoke Rapids, NC 27870
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Mr. Ward:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr. Thomas. W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9622 (e)(4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of'the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to comment on the ROD will close on March 24, 1992. This comment period commenced on January 9, 1992, when EPA notified all PRPs that an additional comment period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
t~~~0J
Donald J, Guinyard ~~ Director, Waste Management Division
Printed on Recycled Paper
• • -2-
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq.
U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
..
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLANO STREET. N.E.
ATLANTA, GEORGIA 30365 MAR 1 3 199~
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Westinghouse Turbine Plant Westinghouse Electric Company Prentice-Hall Company 2019 Park St.
Columbia, SC 29201
Re: The Macon/Dockery Site (the "Site") Cordova, North Carolina
Dear Sir or Madam:
The purpose of this letter is twofold. First, pursuant to the March 11, 1992 written request of Mr, Thomas W. Daggett, counsel for Clark Equipment Company, EPA is granting the Potentially Responsible Parties' ("PRPs") request for a two week extension for submittal of a good faith offer pursuant to Section 122(e)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA"), 42 U.S.C. Section 9622 (e) (4). EPA believes that the PRPs' request for this two week extension is reasonable and accordingly will extend the due date for the good faith offer from-March 16, 1992, until March 30, 1992. However, the final deadline for the 120 day moratorium period, which began on January 9, 1992, will remain May 8, 1992. EPA will notify you as to the date and time of the first negotiation meeting to be held shortly thereafter.
Second, this letter also serves to notify those PRPs identified after the selection of the remedy documented in the Record of Decision (ROD) dated September 30, 1991, that their opportunity to c0Dm1ent on the ROD will close on March 24, 1992. This c0Dm1ent period c0Dm1enced on January 9, 1992, when EPA notified all PRPs that an additional c0Dm1ent period was being provided pursuant to the provisions of the National Contingency Plan, 40 C.F.R. Section 300. Should you have any questions concerning this matter, please feel free to contact Catherine Winokur, Assistant Regional Counsel, at [phone].
Donald J. Guinyard
Director, Waste Management Division
Printed on Recycled Paper
' .,,, '. ;. • •
cc: North Carolina Department of Environmental Health and Natural Resources
Leslie Allen, Esq. U.S. Department of Justice
Charles de Saillan
Office of Enforcement
Mr. James Lee
Regional Environmental Officer U.S. Department of the Interior
Mr. Glenn Dunn
Attorney
•
Solid and Hazardous Waste Management Branch
Environmental Health Section
Division of llc.alth Services
P, 0. Box 2091
·Raleigh, North Carolina 27602-2091
Mr. Olin Laney, Salesman
Pr_otective Coatings Division
Texas Refinery Corporation
I'. 0. Box 3211
Cheraw, South Carolina 29520
Mr. Lawrence Egerton
Attorney at
Greensboro,
Telephone:
Law
North Carolina
273-0508
Mr. Ron Smith
Phoenix Resources, Inc.
P. 0. Box 32183
1373 East Morehead Street
Charlotte, North Carolina 28202
Telephone: [phone] or 704-333-8394
Nathan Davis
Davis Lift Truck Service, Inc,
P. 0. Box 469
Hope Mills, North Carolina 283118
Telephone: [phone]
Mr. J. Kirby Long, President
Phoenix Resources, Inc.
P. 0. Box 32183
1373 East Morehead Street
Charlotte, North Carolina 28202
T~lephone: 704-)33-8377 or 704-'333-8394
Transpo1~t Acceptance Corporation
P. 0. Box 30031
Nashville, 'i\,nnessee :J 7202
•
Re: Contract 26203 23184 and Contract 26203 16'378
Mrs. Dorothy H. · Macon
Route 1, Box 288
Rockingham, North Carolina 28379
The North Carolina Memorial Hospital
Agency of the State of North Carolina
Chapel Hill, North Carolina 27514
Re: Notice of Claim 38-81-90 ($116.80)
Attention: Lillian Dennis·
•
Welding & Supply, Inc.
Industrial Steel
Distributors for National Welders
P. 0. Jlox 1823
Rockingham, North Carolina 28379
At tent ion :W. ·:Eugene Bellamy, Accountant
Telephone: [phone]·
Town of Wallace
Box 849
East Murray Street
Wallace, North Carolina 28466
•
Attention: Mrs. Elizabeth Y. Knowles,, Tax Collector
Telephone: [phone],136
Macon Farms Trucking, Inc.
P. 0. Box 846
Cheraw, South Carolina 29520
Attention: James E. Cox
Attention: W. David McGee
Attention: James T. Bennett
Mr, Richard G. Buckner
Sharpe & Buckner
Attorneys and Counselors at Law
l.09 West Franklin Street
Rockingham, North Carolina 28379
P. 0. Box 1822
Re: Commercial Electric of Rockingham, Inc.
Bl-E-267
Webb's Oil Company
Route 1, Box 230
Rockingham, North Carolina 28379
Telephone: [phone] or 895-4367
Southern Products and Silica Company, Inc.
P. 0. Drawer 189
Hoffman, North Carolina 28347
Telephone: [phone] or 281-3189
Land Truck & Tractor Company
Highway 74 East
Rockingham, North Carolina 28379
Telephone: [phone]
Blenheim Block Company, Inc.
Route 2
Bennettsville, South Carolina 29512
Telephone: [phone]
Rockingham Hardware, Inc.
P. 0. Box 1913
Dnn~~~nh~m hlnr~h r~rn1~n~ ?R17Q (To1onhnnP' QQ?-1771)
•
Associates Commercial Corporation
P. 0. Box 11716
Charlotte, North Carolina 28209
Re: No. 1331412 and No. 1331400 and No. 1336502
Cooper Air Compressor Division
1800 Gardner Expressway
Quincy, Illinois 62301
Attention: Mr. Richard F. Henderson,
Assistant Credit Manager
Telephone: [phone]
Mr. W. Reece Saunders, Jr.
P. 0. Box 1416
Rockingham, North Carolina 28379
Telephone: [phone]
Reference: Claim by Hunt Oil Company
R. W.Goodman Company, Inc.
P. 0 .. Box 338
South Lee Street
Rockingham,
Telephone:
Reference:
North Carolina 28379
895-6342
Dinette & Chairs and Freezer
Mr. M. Keith Kapp
P. 0. Box 829
Raleigh, North Carolina 27602
Telephone: [phone]
•
Reference: Claim East Carolina Trucks, Inc. 80-CVS-771,1 Wake County
Timms Memorial Company, Inc.
P . 0. Bo·x 1686
Rockingham, North Carolina 28379
Telephone: [phone]
A. C. Widenhouse Transport
P. 0. Box 10
Concord, North Carolina
Telephone: [phone]
Attention: Mr. James R. Edwards, Manager
Mr. H. Morris Caddell, Jr.
P. 0. Drawer 1438
Southern Pines, North Carolina 28387
Telephone: [phone]
Reference: Claim Southeastern Asphalt and Concrete Company
Dust Silo
Mr .. Gary Sanders
Route 2, !lox 21A
• •
Candor, North Carolina 27229
Telephone: [phone]
Reference: Rec\ Internationnl 72 Trans-Star VIN 229471G472387 and
69 Trailer Fruehauf MEJ74640
Marion M. Pope
Route 3, Box 11112
Trinity, North Carolina 28370
William Charles Macon
·7911 Ruebens Road
Trinity, North Carolina 28370
Jack D. Macon
1111 Rembrandt Drive
Concord, North Carolina 28025
North Carolina Department of Natural Resources & Community 'Development
Fayetteville Regional Office
Wachovia Building
Suite 714
Fayetteville, North Carolina 28301-5043
Attention: Hr. Dennis R.:.Ramsey,
Regional Supervisor
Telephone: [phone]
Department of Revenue
Motor Fuel. Tax Division
Trinity-Washington Building
Atlanta, Georgia 30334
Reference: Account No. 5326324
State of Florida
Department of Revenue
Tallahassee, Florida 32301
Reference: Account 78-31-029419-80/2
Attention: Mr. George Snelgrove
Revenue Examiner
Central Collections
Telephone: [phone]
South Carolina Industries, Inc.
P. 0. Box 4000
Florence, South Carolina 29502
Attention: Mr. C. Baker Jones
Manager Recycle Fibec·Procurement
Telephone: [phone]
Reference: L<:ase Agreement Macon Machine Company, Inc. and J. P. Stevens Plant,
McColl, South Carolina
•
Mr. Robert H. Cowen
Attorney at Law
P. 0. Box 1211
Williams ton, North Carolina 2 7 89 2
Telephone: [phone]
•
Reference: His client C & M Oil Distributors (He knows John Pittman well)
County of Duplin
P.,.O. Box 641
Kenansville, North Carolina 28349
Telephone: [phone]
Attention: Mr. S. Leland Grady
Duplin County Tax Collector
Reference: 1979 Ticket 633, 1980 Ticket 630, and 1981 Ticket 646
Mr. Robert R. Reilly
Assistant Attorney General
State of North Carolina
Department of Justice
P. 0. Box 629
Raleigh, North Carolina 27602-0629
Telephone: [phone]
North Carolina Department of Revenue
Corporate Income and Franchise Tax Division
P. 0. Box 25000
Raleigh, North Carolina 27640
Telephone: [phone] -Extension 26
Reference: Liquidation of Macon Machine Co., Inc.
Mr. Rayford K. Adams, III
Drawer x·
Greensboro, North Carolina 27402-0190
Reference: Claim W. C. Rouse & Son, Inc. 82-CVD-2875
Mr. Torn Mcinnis
Thomas Mcinnis & Associates, Inc.
109 West Franklin Street
Rockingham, North Carolina 28379
Mr. Grady Branham
Box 3000
Florence, South Carolina 29501
Mr. Roy Veitch
Box 3000
Florence, South Carolina 29501
Reference: Dupont
Black's Painting Company
970 South Bennett
Southern Pines, North Carolina 28387
Attention:
Telephone:
D. P. Black
692 -2296
Reference: Dupont
•
Mr. George G. Reaves
P. O. Box 5012
Florence, South Carolina 29502
Re.: Altman Trailer Repair Service
Trailer~ Nos. 15156 nnd 506
R:Lviniu~, Inc.
RR //2
Box" 6,3
Eureka, Illinois 61530
Southern National Bank
•
Account 103-850657, No. 103-836643, 104344030, 104297698, 104344030,
Defense Legistics Agency
Attention: D.L.A C.F.F. Cameron Station
Alexandria, Virginia 22314
Attention: Mr. Peter H. Tovar
Contract Finance Officer
Office of the Comptroller
Reference: Contract 31-6010-262
Pee Dee Tank Company, Inc.
P. 0. Box 582
Florence, South Carolina 29503
Reference:
Telephone:
Invoice 10846
803-669-3381
City True Value Hardware
Ml Broad Avenue
Rockingham, North Carolina 28379
Telephone: [phone]
·Howard Accounts
P. 0. Box 1455
Evanston, Illinois 60204
Telephone: · 312-869-7640
Reference: File No. M 1701 TWA 429546 S-15
Jack Donnelly
Southern Metal Services
Box 842
Anderson, South Carolina 29622
Telephone [phone]
Reference: $9474. 77
Stilwell's Tire Clinic
509 Mill Road
Rockingham,
Telephone:
Reference:
North Carolina 28379
895-3658 and 895-3293
$562.44
Services and Warehousing, Inc.
P. 0. Box 75188
Tampa, Florida 33675.
• Asko, Inc.
P. 0. llox 355
Homestead, Pennsylvania 15120
Telephone: [phone]
Invoice No. 083410
Nalco Chemical Company
2901 Butterfield Road
Oakbrook, Illinois 60521
Telephone: j12-887-7500
Reference: Customer Account F5XX0102
Brandywine Auto Sales, Inc.
Intersection of Maryland Routes 301 and 381
Brandywine, Maryland 20613
Reference: Customer 10524100
Telephone: [phone]
United Suppliers
P. 0. Box 1072
Garden Grove, California 92642
Attention: Mr. Ronald L. Weiss
Vice President
Telephone: [phone]
Covington
P. 0. Box 26653
Charlotte, North Carolina 28213
•
Reference: Engine. Serial Number 6A-239827 in shop since July 2, 1981
llill $3,697.16
Attention: Mr. Jerry York, Service Hanager
Hr. R. S. Rogers, Jr.
108 Bomar Gardens
Cheraw, South Carolina 29520
Richmond Crane & Rigging, Inc.
P. O. Box 1271
Rockingham, North Carolina 28379
Telephone: [phone]
Loftins
Box 359
Beauford, North Carolina 28516
Telephone: [phone]
Leath, Bynum, Kitchin & Neal, P. A.
P. 0. Box 1657
Rockingham, North Carolina 28379
Telephone: [phone]
Reference: Ly Mon Sales and Surplus
•
A. C. Widenhouse Trans1Jort
P. 0, Box 10
Concord, North Carolina
Telephone: [phone]
Attention: Mr. James R. Edwards, Manager
State of North Carolina
Department of Revenue
P. O. Box 25000
Raleigh, North Carolina 2761+0
F:Lle: SA Kenworth 1979, No. 279131J -$48,983.00
Attention: Mr. Eric L. Gooch
Director
Sales and Use Tax Divis-ion
First Union National Bank
Rockingham, North Carolina
United Mercantile Agencies, Inc.
Box 16 72
Louisville, Kentucky 40201
Telephone: [phone]
Petrolite Corporation
Tretolite Division
949803
State of North Carolina
Department of the Secretary of State
Raleigh, North Carolina 27611
•
Reference: Liquidation of Macon Machine Company, Inc.
Attention: Mr. Jack Styles, Corporations Attorney
Mr. William F. Hamel..
Hamel,. Hamel:'. & :£>earce
Suite 2300
First Union Plaza
Charlotte, North Carolina 28282
Reference: Pull.man Trail.mobile
KM Realty Corporation
24 River Road
P. 0. Box 351,
Bogota, New
Telephone:
Invoice No.
Jersey 07603
201-487-1300
8201-3
Mrs. Iona Lewis
North Carolina
Raleigh, North
Telephone No:
Department
Carolina
733-7210
of Revenue
•
Mr. Fred Smith
P. 0. Drawer 2568
Raleigh, North Carolina 27602
Reference: Liberty Mutual Life Insurance Company
$9,208.00
Jack's Block & Brick, Inc.
P. 0. Box 71111
Rok,ingham,
Telephone:
Reference:
North Carolina 2·83 79
997-6489 or 997-6080
$1,594.23
Mr. Robert N. Hunter, Jr.
P. 0. Box 3245
Greensboro, North Carolina 27402
Reference: Hydrox Tex
Hr. James Caulder
414 Durham Street
P. 0. Box 772
Hamlet, North Carolina 28345
•
Reference: 1973 Inter·national Model C04070A, .Serial No, 2291171G5246119
Mr. David Smith
Box SOS
Hamlet, North Carolina 28345
Reference: 1976 White Freight Line CA213AM117797
Mr. George S. Wright
P. 0. Box 2727
Tuscaloosa,
Telephone: .
Reference:
CBM, Inc.
Alabama 351103
205-345-54110
Hunt Oil Company
$3,191.00
P. 0. Box 353
Rockingham, North Carolina 28379
Mr. Ger.ald Rosenberg
P. 0. Box 1861
Greenville, South Carolina 29602
Telephone: [phone]
Mr. Willard Watson
Watson Gulf & Wrecker Service
240 South Hancock Street
Rockingham, North Carolina 28379
Telephone [phone] or
1003 Midway Road, Rockingham, North Carolina
Telephone: [phone]
Mr. Tommy Davis
Route 1, Box 255
Pinewood, South Carolina 29125
Telephone: [phone]
•
Mr. Lawrence Egerton, Jr., P. A.
P. 0. Box 1920
Greensboro, No1~th Cu1~oli11;1 27402
Telephone: [phone]
Reference: GNC
The Columbia Directory Company, Inc.
2003 Jericho Turnpike
New Hyde Park, New York 1101,0
Telephone: [phone]
Reference: Texas Refinery vs. Macon Farms
Master Search, Inc.
129 Phelps Avenue
Rockford, Illinois 61108
Reference: Texas Refinery vs. Mc1.con Farms
Mr. Robert B. Wilson, Jr.
Wilson and Small
Suite 1000
First Union Building
310 West Fourth Street
Winston-Salem, North Carolina 27101-2875
Reference: Santa Fe Freight Salvage Company
Emory Air Freight
P. 0. Box 7
Scranton, Pennsylvania 18577
•
• UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
APR 1 3 1988
345 COURTLAND STREET
ATLANTA, GEORGIA 3036!5
Mr. William C. Meyer, Chief
Solid Waste Management Section
North Carolina Department of Human Resources
Division of Health Services
P.O. Box 2091
Ralelgh, North Carolina 27602-2091
Re: Macon-Dockery CERCLA Site, Richmond County, North Carolina
Dear Mr. Meyer:
This is to inform you that the U.S Environmental Protection Agency (EPA),
Region IV, has entered into an Administrative Order by Consent with Clark
Equipment Company and Crown Cork and Seal Company, Inc. for the purpose of
conducting a Remedial Investigation and Feasibility Study (RI/FS) at the
above referenced site. A copy of the Consent Order is enclosed for your
records. If you have any questions concerning the Order or the site I can
be reached at [phone].
Sincerely,
~ ~ = ~-=. ----
Christopher A. Provost
Remedial Project Manager
Enclosure
UNITED STATES ENVI~AL PROTECTION AGENCY
REGION IV
· IN THE MATTER OF:_7 , ) • .• • • __ •• __ _
---- -··•--·:-.·-:l-·-~U.S. ,-~A--IXJC~_.-NO. :.~·cc:-::-.=:c:.-. ------
MACCN-OOCKERY SITE )
--cordova, Richrrond County )
North Carolina ) _____________ )
CIARK EQUIPMENT COMPANY:
CJn-JN CORK AND SEAL COMPANY,
Resnondents.
)
)
)
)
)
)
)
)
)
)
)
) ______________ )
·Proceedinq under Sections 104, 106
and 122 of the Canprehensive
Environmental Response, Compen-
sation and Liability Act of 1980
(42 U.S.C. S§ 9604, 9606 and 9622) as
amended by the Superfund Amendments
and Reauthorization Act of 1980,
P.L. 99-499, October 7, 1986.
ACMINISTRATIVE ORDER llY CCNSENr
I. JURISDICTICN
This Administrative Order by Consent (hereafter called "Consent
Order") is entered into by the United States Environmental
Protection Agency (hereafter called "EPA") with the Respondents
who have executed this Consent Order pursuant to the authority
vested in the President of the United States by Section 104,
and Section 122(d)(3) of the Canprehensive Environmental Response,
Canpensatiori and Liability Act of 1980 (hereafter called "CERCIA"),
42 u.s.c. § 9604, §9606 and§ 9622(d)(3), as amended by the Superfund
Amendl'lents and Reauthorization Act of 1986 (hereafter called
"SARJ\"). This authority was deleqated by the President to the
AdJ,iinistrator of EPA by Executive Order 12580 dated January 26,
1987, 52 Federal Reqister 2923 (Jan. 29, 1987) and has been
further deleqated to the Reqional Administrator of EPA Reqion IV.
- 2 -
The Respondents agree to undertake all actions required of them
by the terms and conditions of this Consent Order for the conduct
and implementation of a rerredial investigation and feasibility
study at the Macon-lbckery Site (hereinafter called the "Site")
and any additional work agreed to pursuant to Section VI.K. below,
but do not otherwise ccrnmit to undertake any action hereby.
---•· ----------------------
... _ _'.::__Solely _for _the_puqioses.of..~this. Consent Order·, __ the .Respondents·---~_: __ _:::_:_:::-_
-consent to and agree not, to contest EPA jurisdiction to· issue ---· ·· · -
---this·Consent·Order.---Respondents consent to jurisdiction for
--purposes of entry and enforcement of this Consent Order by EPA.
Provided however, the Respondents do not admit, accept, concede,
or acknowledge, and specifically deny the determinations, alle-
gations, and conclusions of law made by EPA in this Consent Order
and specifically reserve the right to contest any such determinations,
allegations, findings, and conclusions in any proceeding regarding
the Site other than actions hrought by EPA to enforce this Consent
Order. Furthermore, Resoondents specifically deny any fault or
liabilitv under CERCIA/SARA or any other statutory or common law
and any responsibility for response costs or damages thereunder,
and do not, by signing this Consent Order, waive any rights they
may have to assert claims under CERCIA/SARA against any oerson,
as defined in Section 101(21) of CERCIA, 42 u.s.c. Section 9601(21),
or the Superfund.
This Consent Order does not constitute estoppel or waiver of any
defenses the Respondents may have under CERCIA or any other statutory
or comrron law.
II. STATEMENT OF PURPOSE
In entering into this Consent Order, the mutual objectives of
EPA and the Respondents are: (1) to conduct a remedial investigation
(RI) to determine fully the nature and extent", if any, of the threat
to the public health or welfare or the environment caused by the release
or threatened release of hazardous substances, pollutants and/or
contaminants from the site; and (2) to conduct a feasiblility study (FS)
to evaluate alternatives for the appropriate extent of remedial action, if any,
to prevent or mitigate the migration or the release or threatened release of
hazardous substances, oollutants and/or contaminants from the Site. The
activities conducted pursuant to this Consent Order shall be consistent
with the National Contingency Plan, 40 C.F.R. Part 300 et seq.
and shall be subject to the express EPA approvals as provided in
this Consent Order.
III. EPA ALLEGATIONS OF' F'ACT
Based upon information available at the effective date of. this Consent Order,·
the EPA, Region IV, makes the following al.legations for the purposes
of this Consent Order.
A. The Resoondents are persons who by contract, agreement or otherwise
arranged for the disposal or treatment of hazardous substances by
Charles Macon to or at the Site.
•
- 3 -
B, The Site is a seventeen acre parcel of land located in Richm::lnd
County, North Carolina, near the town of Cordova. The Site is located
one mile East of the Pee Dee River, on State Road 1103. Fran May 1, 1979
throuqh March, 1982, the Site was operated as a waste oil recycling plant
and as part of its ooeration waste oil, solvents, acids, bases and other
chemical wastes containinq hazardous substances were transported to, disposed
------···-of and stored at the Site. At the Macon portion of the Site, these materials
were_stored in approximately 2,173 55---qallon drums, 11 unlined surface
impoundments and above qround storaqe tanks. The drums contained
.wastes such as methanol, toluene, vinyl thinners,-epoxy, enamels,
lacouers, ethyl acetate, acetone, caustic soda, methylene chloride,
and sodium hydroxide. Oil and sludqe in the laqoons revealed levels
of lead, chranium, and barium above-EP toxicity-limits. At the Dockery
portion of the Site, these materials were stored in one unlined surface
impoundrnent and in approximately 300 55---qallon drums.
C. Because of actual and/or threatened releases of hazardous substances
fran the Site, the Site has been included on the Superfund National
Priorities List (NPL) in accordance with Section 105(8)(B) of CERCIA,
42 U.S.C. § 9605(8)(R). These actual and/or threatened releases of
hazardous substances fran the site may pose a threat to public health
or welfare, or the environment.
IV. EPA CONCLUSIONS OF LAW
Based upon information available on the effective date of this Consent Order
the Regional Administrator of EPA, Region IV, concludes for the purposes
of this Consent Order that:
A. The Site is a facility within the meaninq of Section 101(9)
of CERCIA, 42 U.S.C. § 9601(9).
B. Each Respondent is a "person" as defined in Section 101(21)
of CERCIA, 42 U,S,C. § 9601(21). The Respondents are Responsible
Parties under Section 107(a)(3) of CERCIA, 42 u.s.c. S 9607(a)(3).
C. "Razardous Substances" described in III,B above within the meaninq
of Section 101(14) of CERCIA, 42 U.S.C. § 9601(14), have
been deoosited, stored, disposed of, transported to or
otherwise came to be located at the Site.
D. The past, present and/or potential migration of hazardous
substances fran the Site constitutes an actual and/or threatened
"release" as defined in Section 101( 22) of CERCIA, 42 U.S.C.
§ 9601(22).
V. DETERMINATION
Based on the Allegations of Fact and Conclusions of Law set out above,
EPA has determined that:
A. Based on the foregoing Allegations of Fact and Conclusions of
----Law set out·above, the Regional··Administrator of EPA;·Region -·-··---
·Iv, has determind that· the actions requried by _t_l1is Consent .... ·---~ .:
Order, which.the Resoondents have voluntarily agreed to perform,
are in the public interest and are consistent with the National
Contingency Plan, 40 CFR Part 300, as amended, and with CERCrA.
B.
c.
1he actual and/or threatened release of hazardous substances
fran the Site may present a threat to the public health
and/or welfare and/or the environment.
In accordance with Section 104(a)(l) of CERCrA, 42 U.S.C.
§ 9604(a)(l), as amended by SARA, EPA has determined that the
Respondents will properly and promptly conduct the RI/FS and
are qualified to do so.
VI • WJRK m BE PERFORMED
EPA will make available to Respondents all existinq and reasonably
available documents which will be relevant to the performance of
the tasks required in this Consent Order. These documents shall include,
but are not limited to, documents describing: 1he nature and extent
of any releases of hazardous substances fran the Site, the nature
and amount of any hazardous substances remaining on the Site, the
persons who generated such substances, the ownership of land and/or
mineral rights at the Site, and any damage either on or off the Site
alleged to have been threatened or caused by exposure to these materials.
Notwithstanding the above, EPA is not obliaated to make available
documents which are exempted under the Freedan of Information
Act, 5 u.s.c § 552(h), or which are privileged under other Federal
laws, so lonq.as they are identified as withheld as provided by
law. No penalty shall be imposerl upon Respendents and a proportional
extension of time shall be granted pursuant to this Consent Order
if the withholding of any document by EPA is the cause of EPA's
disapproval of any work or failure to ireet the work schedule.
All work performed pursuant to this Consent Order shall be under
the direction and supervision of a qualified professional engineer
or a certified geoloqist with expertise in hazardous waste site
cleanup. Prior to the initiation of the Site work, the Respondents
shall notify EPA in writing regarding the identity of such engineer
or aeoloqist and of any contractors and/or subcontractors to be
used in carryinq out the. terms of this Consent Order. All engineers
geoloqists, contractors and/or subcontractors shall be retained subject
to EPA approval.
- 5 -
If the ResPondents determine it is necessary to rennve the present
engineer/geologist/contractor f.ran the Site durinq the RI/FS
process, then a full account and rationale for making this change
should be submitted in writing to EPA within ten (10) working days
of the dismissal-of the present engineer/geologist/contractor.
·-··such ·dismissal shall not-.constitute a change in the schedule ---
_'.~ contained in the W'.:lrk Plan. . ----
Based on the foregoing, it is hereby AGREED m AND ORDERED that the
following work shall be performed:
A. Within thirty (30) calendar days of the effective date of
this Consent Order, the Respondents shall hire a consultant
to perform the RI/FS. Within 45 calendar days of the effective
date of this Consent Order, Respondents shall subnit to EPA
a plan for a canplete Remedial Investigation and Feasibility
Study ( "RI/FS W:lrk Plan"). This plan shall be developed in
accordance with the EPA Remedial Investigation and Feasibility
Study quidance documents which have been provided to the
Respondents by EPA ("Guidance For Conductinq Remedial Inves-
tigations and Feasibility Studies under CERCIA", dated
October 1987), so lonq as a court of canpetent jurisdiction
does not find such guidance is inconsistent with the NCP,
and with Section 121 of the Superfund Amendments and Reauthorization
Act of 1986. This guidance is attached to and is made a part
of this order. As described in this quidance, the RI/FS
WJrk Plan must include, at a minimum, a sampling plan and a
schedule for deliverables and for completing the RI/FS. The
Project Operations Plan ("POP") shall be submitted within
thirty (30) calendar days after EPA approval of the RI/FS
W:lrk Plan. The POP must include: (1) a detailed sampling
plan, (2) a health and safety plan, (3) a plan for satisfaction
of permitting requirements, (4) a description of chain-of-custody
procedures, and (5) a description of quality control and
quality assurance procedures. The RI/FS W:lrk Plan and all
other reports and plans shall he subject to review, modification,
and approval by EPA. The POP TTOJst be consistent with and
incorporate all of the requirements which are set forth in
the EPA, Region IV Support Branch Standard Operating Procedures
and OJality Assurance Manual which is dated April 1986.
B. Within forty-five (45) calendar days after receipt of the
RI/FS W:lrk Plan and POP by EPA, EPA shall notify the Respondents
in writing of EPA's approval or disapproval of the RI/FS W:lrk
Plan and POP or any part thereof. In the event of any disapproval,
EPA shall specify in writing both the deficiencies and any
EPA recanmended modifications regarding the RI/FS W:lrk Plan.
C. Within thirty (30) calendar days of the receipt of EPA
notification of RI/FS W:lrk Plan disapproval, the Respondents
shall runend and subnit to EPA a revised RI/FS W:lrk Plan. In
-·-· ---·-·6 ·-
the event of suhsequent disapproval of the RI/FS Work Plan,
and upon canpletion of the dispute resolution process contained
in Section XII herein below, EPA retains the right to conduct
a complete RI/FS pursuant to its authority under CERCLA/SARA.
D. The Respondents shall implement the tasks detailed in the
Remedial Investigation and Feasibility Study Work Plan
-·-·-··· · -···-( "RI/FS Work -Plan") ,-·subject to-the provisions of Section ·XII· -·· --·-·· --
-·-··' herein below~· -Upon approval by ·EPA, the RI/FS Work Plan
-will be attached to and 'incorporated in this Consent Order .... ·--···
(Attachment 1). This work shall be ·conducted in.accordance
with the EPA Remedial Investigation and Feasibility Study
quidance documents, which are attached hereto and made a part
hereof, so lorq as a court of canpetent jurisdiction does not
find such quidance is inconsistent with the NCP, and with
the standanls, specifications, and schedule contained in the
RI/FS Work Plan.
E. Within seven (7) calendar days of EPA's approval of the
POP, Respondents shall ccmnence Task 1 of. the RI/FS Work
Plan.
F. The Respondents shall provide monthly written progress
reports to EPA accordirq to the schedule contained in the
RI/FS Work Plan. At a minimum, these progress reports
shall: (1) describe the actions which have been taken
during that reporting period toward achieving compliance
with this Consent Order, (2) include all results of samplinq
and tests and all other data received by the Respondents,
within that reporting period and (3) include all plans and
procedures completed subsequent to EPA approval of the RI/FS
Work Plan during the past month, as well as such actions,
data, and plans which are scheduled for the next month.
These reports are to be sutmitted to EPA hy the tenth (10th)
day of each month following the date of EPA approval of the
RI/FS Work Plan.
G. The Respondents shall provide preliminary and final reports
to EPA according to the schedule contained in the RI/FS Work
Plan.
H. EPA shall review the preliminary and final reports and within
forty-five (45) calendar days after its receipt of such reports, EPA
shall notify the Respondents in writing of EPA's approval or
disapproval of these reports or any part thereof. In the event of
any disapproval, EPA shall specify in writing both the deficiencies
and the reasons for such disapproval. If EPA fails to review the
draft and/or final reports and to notify the Respondents within
forty-five (45) days, no penalty shall be imposed upon Respondents
and an extension of time equal to the period beyond forty-five (45)
days required for EPA to ccmplete these tasks shall be granted pursuant
to this Consent Order provided that EPA's delay is the cause of Respondent's
subsequent failure to meet the work schedule, milestones, or deadlines.
I. Within thirty (30) calendar days after receipt of EPA notification of preliminary or final reoort disapproval, the Resoondents shall amend and sut.nit to EPA the revised reoorts pursuant to EPA review if in addressing the revisions
additional field or laboratory work is not required. Revised reports shall incorporate all EPA amendments .or modifications or provide written explanation as to whv the amendments or --·---··-modifications-were not included.·--If EPA determines that --additional field work within the scope of this Consent·--· -----------OrdeI', -inCfudir\g resamplinQ-:or 1aboratory work is required
.to_canplete_the revisions, then EPA and the Respondents
shall agree on an appropriate anount of time for preparation of the report. In the event of disapproval of the revised report, EPA and the Respondents shall have a fourteen (14) day period in which to discuss and resolve the matter of reoort modifications. Should no agreeroont be reached after this 14 day period, EPA retains the right to amend such reoort, to perform additional studies, to conduct a canplete RI/FS or portions thereof, pursuant to its authority under CERCWSARA, to seek Cost Recovery against Respondents and other potentially resoonsible parties, and to assess stipulated penalties pursuant to Section XIII of this Consent Order.
J, Documents, including reoorts, approvals, and other cor-respondence, to be sul:rnitted pursuant to this Consent Order, shall be sent by certified mail to the following addresses or to such other addresses as the Respondents or EPA hereafter may designate in writing:
1) Dx:uments (5 copies) to be submitted to EPA should be sent to:
Mr. Christopher A. Provost
Site Project Manager
NSMS/SFB~D
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
If a document is large enough to require bindinq, one copy should be left unbound, secured with rubber bands or the like.
2) Documents (5 copies) to be submitted to the Resoondents should be sent to:
Mr. Christopher A. Keele
Wildman, Harrold, Allen & Dixon
One IBM Plaza
Chicago, IL 60611
The Respondents reserve the right to withhold any of the information described above if that information is attorney work product or is
subject to the attorney-client privileqe available under law. In no
event, however, shall any sampling or rronitoring data or .lahoratory
analysis of such data pursuant to this Consent Order he claimed
privileged.
K. In the event that EPA determines that certain tasks are necessary
. ····--··-to .abate. an .illJTlinent or .. substantial endangearent-to-public .. heal th,-------·
welfare or ·the environment that may be •posed by the Site, the Agency :0:.-
···-···-···will notify-the ·Respondents' Designated Project .. Coordinator and confer
.. with the Respondents~ Should _EPA and the Respondents agree that these
emergency tasks are necessary, then this Consent Order will be modified
-accordingly and milestone dates or deadlines adjusted. In the event of
a disagreement between EPA and the Respondents concerning the aforesaid
tasks, EPA reserves its right to take or order any PRP to take any emergency
rerroval action. In addition to the EPA-approved tasks and deliveribles
to be completed pursuant to this Consent Order, EPA may determine
that additional tasks, beyond the scope of this Consent
Order, including remedial investigative work and/or engineering
evaluation, may be necessary as part of the RI/FS for the Macon-
D:>ckery Site. Further, EPA retains the right to request
Respondents to perform additional sampling if such is deemed
necessary by EPA to adequately investigate the Site. Should
EPA determine that such additional tasks are necessary, EPA
shall notify Respondents in writing and shall provide a written
explanation of its decision. Within twenty-four (24) calendar
days after receipt of EPA's notice, Respondents shall notify
EPA in writing as to whether or not Respondents will agree
to conduct the additional tasks. Upon written agreerrent of
EPA and Respondents, this Consent Order may be modified as
necessary to address such further investigation and study.
Should Respondents not agree to perform these additional
tasks and to arrend this Consent Order as may be necessary, a
seven (7) day neqotiations period will corrmence to allow
discussions between the Respondents and EPA on the performance
of the additional tasks. EPA retains the right to perform
any additional work as authorized by CERCLA/ SARA, to conduct
a complete RI/FS or portion thereof, and to seek cost recovery
fran Respondents and any other potentially responsible
parties. EPA shall make a decision under this Section to perform
additional tasks or work as authorized by CERCIA/ SARA or to
conduct a complete RI/FS or portion thereof in a manner which
is not arbitrary and capricious and which is consistent with the
National Contingency Plan ("NCP"). Failure of the Respondents
to agree to perform additional work under this Section shall
not be a violation of this Consent Order. Any disagreerrent
between the Parties concerning additional work under this
Section will not be subject to the Dispute Resolution process
(Section XII of this Consent Order).
VII. DESirnATED PROJECT COORDINATORS
On or before the effective date of this Consent Order, EPA and
the Resrx,ndents shall each designate a Project Coordinator. Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order. To the maxi= extent
-possible, camnunications between the Respondents and EPA and all
--··documents, -including reports, approvals, and their-correspondence, ··-·······-·······
·• concerning the activities performed pursuant to the terms and · -:, -
·--· conaitions of this Corisent Order, shalf:be·:directed through tne
. Project Coordinators.
During implementation of the RI/FS Work Plan, the Project
Coordinators shall, whenever possible, operate by consensus. The
Project Coordinators shall attempt to resolve disputes informally
through good faith discussion of the issues.
EPA and the Respondents each have the right to change their
respective Project Coordinator. Such a change shall be aca::rnplished
by notifying the other party in writing at least five (5) calendar
days prior to the change.
The EPA-designated On Scene Coordinator ("OSC")/Remedial Project
Manager ("RPM") shall have the authority provided by the National
Contingency Plan; 40 C.F.R. Part 300 et seq. This includes the
authority to halt, conduct, or direct any tasks required by this
Consent Order and/or any response actions or portions thereof
when conditions present an inrnediate and substantial risk to public
health and/or welfare and/or the envirornrent. In the event that EPA
takes any action pursuant to this Part which results in the delay of
any work required by this Consent Order, the schedule in the Work
Plan shall be extended to the extent of such delay.
Neither the absence of the EPA Project Coordinator from the Site
nor the lack of availability of an EPA representative by phone
shall be cause for the stoppage of work except where the approval·
or concurrence of such a coordinator of EPA is necessary for a
particular item of work to continue or be completed or where the
cessation of work is necessary to abate an irrmediate risk of harm
to public health, welfare or the envirornrent. Respondents shall
notify EPA project coordinator or other desi911ated EPA representatives
as soon as possible by phone, that work has been discontinued.
Further, within twenty-four (24) hours after work is discontinued,
Respondents shall submit to EPA a written explanation of why work
was discontinued. Should a disagreerrent arise between EPA and
Respondents concerning Respondents' decision to discontinue work,
the dispute shall be resolved in accordance with the provisions
of the "Dispute Resolution" section (Section XII) of this Consent
Order.
!" -
'· -10 -,_--:--· _:,:--•· ---· -------r-·-----
VIII. QUALITY ASSURANCE
The ResJ)Ondents and EPA shall use quality assurance, quality control,
and chain-of custody procedures in accordance with the EPA, Region
4, Environrrental Services Division Standard Operating Procedures
Manual throughout all sample collection and analysis activities.
This manual has been provided to the ResJ)Ondents by EPA. 1he
___ Respc,ndents_ and_ EPA sl1all consult __ witll __ e_s1ch __ ot:h~r l!1 planning for, ___ _
.. icic:and -prior-to--all ;sampling~and analysis ,,as ,detailed in the. RI/FS ·; .,c ·
-=,--W:>rk Plan. -~In-order ·to provide quality assurance and maintain -.-., ··
quality control regarding all samples collected pursuant to this
~---· consenf Order tne· Respondents· and EPA shall: · -----
A. Ensure that EPA personnel and/or EPA-authorized representatives
and Respondents' authorized representative are allowed access to
the laboratory(s) and personnel utilized by the Respondents for
analyses of samples collected pursuant to this Consent Order:
B. Ensure that the laboratory(s) utilized by the Respondents
for analyses perforlll such analyses according to EPA methods
or methods deemed satisfactory to EPA and sutmit all protocols
to be used for analyses to EPA at least fourteen (14) calendar
days prior to the comrencement of analyses:
C. Ensure that laboratory(s) utilized by the Respondents for
analyses participate in an EPA quality assurance/quality
control program equivalent to that which is followed by EPA
and which is consistent with EPA dOCUO\ent QAMS-005/80. As
part of such a program, and upon request by EPA, such
laboratory(s) shall perform such analyses of samples provided
by EPA to demonstrate the quality of each laboratory's
analytical data. A maximum annual number of four (4) per
analytical combination, e.g., four aqueous samples by Gas
Chrcrnatography /Mass Spectrorretry, four soil/sediment samples
by Gas Chrcrna tography /Mass Spectrometry, etc. , may be provided
to each laboratory for analysis.
IX. SITE ACCESS
To.the extent that areas covered by the RI/FS W:>rk Plan are
presently owned by parties other than those bound by this Consent
Order, the Respondents have obtained or will use their best
efforts to obtain Site access agreements fran the present owners
within forty-five (45) calendar days of the effective date of
this Consent Order. Such agreements shall provide access for
Respondents and EPA and/or its authorized representatives.
In the event that Site access agreeTTents are not obtained within the
time referenced above, the Respondents shall notify EPA reqardinq
both the lack of, and efforts to obtain, such agreements within
forty-five (45) calendar days of the effective date of this
Consent Order. In such event, EPA ,with the ResJ)Ondents assistance,
.-----· -f-· -
:.
-11 -
will seek to obtain such access. Failure by Respondents to obtain Site
access agreements, after use of their best efforts, does not
constitute a violation of this Consent Order. Work at the Site
will be delayed until Site access is obtained. EPA reserves its
right to reasonable access pursuant to Section 104(b)(l) of CERCIA,
42 u.s.c S9604(b)(l). All costs incurred by EPA as a result of
its efforts to obtain access shall be paid by Respondents upon
receipt of an accounting and request for payment of such costs, upon
:-·-·--·--------~:----the same terms as outlined -in Section -XVII -o~ ·t;his ·Consent ·Order. ----_-_-_-" --
;:.. -;:------___ --~ • ~-· -·.,-;-·"7 ¥. --.-,.,.;:.·;...:.. .:. • ,: ---·---; • ---
X. SAMPLING, ACCESS, AND Dl'.TA/DXUMENT AVAILABILITY
The Respondents shall make the results of all sampling and/or
tests or other data generated by the Respondents or on the
Resi;x,ndents' behalf, with respect to the implementation of this
Consent Order, available to EPA and shall subnit these results in
monthly progress reports as described in Section VI of this
Consent Order. EPA will make available to the Respondents the
results of sampling and/or tests or other data similarly generated
by EPA, within thirty (30) days of their receipt by EPA.
At the request of EPA, the Respondents shall allow split or
duplicate samples to be taken by EPA and/or its authorized
representatives, of any samples collected by the Respondents
pursuant to the implementation of this Consent Order. The
Respondents shall notify EPA not less than seventy-two (72) hours
in advance of any sample collectiooactivity. This notification
may be given verbally in the field by the Resoondents to EPA's
authorized representative.
EPA shall allow split or duplicate samples to be taken by the
Respondents of any samples collected by EPA or its contractors
during the performance of work associated with this Consent Order
and shall notify the Respondents not less than seventy-two (72)
hours in advance of any sample collection activity.
EPA and/or its authorized representative shall have the authority
to enter and freely move about all property at the Site at all
reasonable times for the purposes of, inter alia: inspecting non-
privileged records, operating logs, and contracts related work under
this Consent Order: reviewing the progress of the Respondents in
carrying out the terms of this Consent Order: conducting such
tests as EPA or the Project Coordinator deem necessary: and
verifying the data submitted to EPA by the Resoondents. The
Resi;x,ndents shall permit such persons to inspect and copy all
non-privileged records, files, photographs, documents, and other
writings including all sampling and monitoring data, in any way pertaining
to work undertaken pursuant to this Consent Order. IX>cuments
which are subject to the attorney-client privilege or which are
attorney work product are not subject to inspection and copying.
All parties with access to the Site pursuant to this paragraph
shall canply with all approved health and safety plans.
,---·· --------~------
-12 -
The ReSPOndents may assert a confidentiality claim, if appropriate,
coverinq part or all of the infonnation provided under this Consent
Order pursuant to 40 C.F.R. § 2.203(b). Such an assertion shall
be adequately substantiated when the assertion is mad.e. Analytical
data shall not be clairred as confidential by the Respondents.
Infonnation determined to be confidential by EPA will be afforded
____ the protection specified in 40 C.F.R. Part 2, Subpart B. If no
__ ::.:: such claim accompanies .the infonnation when it is sul::rnitted or made
.;.<available to EPA,' it may be made available to the public by EPA
· -:ccc.·without-further:notice ·to the.ReSPQndents.:c D:>cuments which are
. subject to any privilege aqainst disclosure under applicable law
--·--shall not be subject to inspection, copying or any other form of
disclosure to EPA.
XI • RECORD PRESERVATION
Respondents and EPA shall preserve, durinq the pendency of this Consent
Order and for a minimum of six (6) years after its termination,
all records and docurrents in their oossession or in the possession
of their divisions, employees, agents, accountants, contractors,
or attorneys which relate in any way to the Site, despite any
document retention policy to the contrary. After this six (6)
year period, the Respondents shall notify EPA within thirty (30)
calendar days prior to the destruction of any such documents.
Upon request by EPA, the Respondents shall make available to EPA
such records or copies of such records which are not attorney work
product or subject to the attorney-client or confidentiality privilege
under law.
Additionally, if EPA requests that sc,ne or all documents be
preserved for a longer period, the Respondents shall ccrnply with
such request.
XII. DISPUTE RESOLUTION
The Project Coordinators shall first attempt to resolve infonnally
all matters concerning the W'.lrk Plan activities and the interpre-
tation of this Order. If the Project Coordinators cannot resolve
a difference of opinion with resoect to such matters within twentv-
four (24) hours or if Respcndents object to any EPA notice of
deficiency or any other decision made pursuant to this Order,
Respondents shall notify EPA in writing of-their objection within
fourteen (14) days of receipt of the.notice or decision. EPA
and Respondents then have an additional fourteen (14) days fran
the receipt by EPA of the notification of objection to negotiate
in good faith to reach agreement. If agreement cannot be reached
on any issue within this fourteen (14) day oeriod, EPA shall provide
a written explanation of its decision to the Respondents. EPA mav
then proceed to complete the RI/FS or any part thereof and seek
cost recovery. EPA shall resolve the dispute in a manner which is
not arbitrary and capricious and which is based upon a~d consistent
-13 -
with this Consent Order and the NCP. Payment of stipulated
penalties with respect to any disputed issues shall be stayed
pending resolution of the dispute. In the event Respondents do
not prevail in the dispute, stipulated penalites shall be assessed
and paid as provided in Section XIII herein. Further, EPA's
decision concerning the need for additional tasks, sampling
and/or resampling, as set forth in Section VI (Kl of this Consent
--::--Order, shall not -be subject to this Dispute Resolution process. -----------· -------------. -----------·--·-----·--. . --.. ---... --------·--. -------·-. ----~--~-·-·--.-....... , ... , .. , .... ___ .,. ---· ....... ,,--_--·.;;;;:-.. , ..... ~ .....
XIII;--DEIAY IN PERFORMANCE/STIPUIATED-PENALTIES ------
If any event occurs which causes delay in the achievement of the
requirements of this Consent Order, the Respondents shall have
the burden of proving that the delay was caused by circumstances
beyond the reasonable control of the Respondents, which could not
have been overcome by due diligence. The Respondents shall
pranptly notify EPA's Project Coordinator orally and shall,
within ten (10) calendar days of oral notification to EPA, notify
EPA in writing of the anticipated length and cause of the delay,
the measures taken and/or to be taken to prevent or minimize the
delay, and the timetable by which the Respondents intend to
implement these measures. If the parties can agree that the
delay or anticipated delay has been or will be caused by circum-
stances beyond the reasonable control of the Respondent, the time
for performance hereunder shall be extended for a period equal to
the delay resulting frcrn such circumstances. Failure of the
Respondents to caTIPly with the notice requirements of this
paragraph shall render this paragraph void and shall nullify the
Respondents' right to request a waiver of the requirements of.
this Consent Order.
If the parties do not aqree as to whether or not the circumstances
were beyond the reasonable control of the Respondents, the dispute
shall be resolved in accordance with the provisions of the "Dispute
Resolution" Section (Section XII) of this Consent Order. Increased
costs of performance of the terms of this Consent Order or changed
econanic circumstances shall not be considered circumstances
beyond the control of the Respondents.
Except with respect to any extensions agreed to by the parties in
writing, with EPA's consent to an extension to not be unreasonably
withheld, and except for delays fran events which constitute a
force majeure, the Respondents shall be subject to the imposition
of stipulated penalties as set forth bela....:
A. For the failure to canplete the major tasks designated in the
workplan, and set forth herein, within the schedules contained
in this Consent Order and in the various plans and reports
required under this Order or incorporated by reference herein,
the Respondents shall be liable to EPA for stipulated penalties
in the followinq arrounts:
Period of Failure to Cc:rnply
1st throogh 7th day
7th through 14th day
15th through 44th day
----~~_ . .45th day.,<1nd_beyond .
500.00 per violation per day
1,000.00 per violation per day
1,500.00 per violation per day
-·--~·--·-·3, 000. 00_ per __ violation_ per day .. ·····c-·---. --· ·-··-··--·-·-· -.... ------... . =...,::;~:;:-.. ..;-:, ·•r'•••• ..• -,:..;.,. •• :,.,;;;,• ·-;·· .. •;;;;,:-:-:~·-·-,•:;::;-:;••;:·_.-:-..:;;,-·-•~-·.-:-,.;:, ;."',..:,:_;,·-~::-,••••·;;:.,·•-•~-•~·-•• -•• .••• •··· .• ••··•--•-•
:.::._:_ .c::-..::Major tasksccfor ·purposes of this Consent Order ·are: . ..:..: .. ---·
l) Submittal and, if necessary, m:xlification of the Project
Operations Plan;
2) Submittal and, if necessary, modification of the preliminary
and/or final Remedial Investiqation Report;
3) Submittal and, if necessary, modification of the preliminary
and/or final Feasibility Study Reports;
4) Subnittal and, if necessary, modification of the
Endangerment Assessment (Risk Assessment) and data
required to be subnitted to ATSDR for use in its
Health Assessment;
B. Should Respondents fail to sul::rnit a monthly progress report
within five (5) calendar days after its due date, Respondents
shall be liable to EPA for stipulated penalties in the amount
of $500.00 per violation for each day during which Respondents
fail to submit and, if necessary, modify monthly progress
reports.
All stipulated penalties begin to accrue on the day that a violation
occurs or on the day following Respondents' failure to comply with
any schedule or deadline, or the tenns, conditions or requirements
contained in this Consent Order and/or vbrk Plan, and shall
continue to accrue until Respondents' violation ends or until
Respondents comply with the particular schedule, deadline, term,
condition or requirement.
Shoold EPA require that Respondents pay a stipulated penalty
during the course of work undertaken pursuant to this Consent
Order, payment of such penalty shall be due and owing within
fifteen (15) days from the date of receipt of a written notice
from EPA notifying Respondents that penalties have been assessed,
except to the extent the procedures of Section XII herein, if
invoked, delay the required payment date. Payment should be made
into the Hazardous Substances Superfund by certified or cashier's
check to:
U.S. Envirornrental Protection Agency -; --------· :_-=·:--::·-:::..--_-· -_-_-:s·uperfund:Accounting -::: ·::::· -·-::_-~:=-~-----:-:==-:...::::::·
P.O. Box 371003M
Pittsburgh, PA 15251
Attention: Collection Officer for Superfund
A cooy of the transmittal letter should be sent simultaneously
with the required payment to the EPA Project Coordinator.
Interest shall begin to accrue on the unpaid balance at the end of
·-_-the fifteenth day upon which payment is due. Nothing herein
--;'::: sha"il ·prevent the :simultaneous acci:uaf-qf .·separate .penalties-for0 ;~"--,:;."::~,,;;:~~,;.
..:-c1;epara_te --violations-of this,Consent Orq_er. : -----·----. 0-_-:,-_-: •::-_·:--:-:c·.-_-.::-_.::::·-·
----·stipulated penalties set forth in this ·Section do not preclude
EPA fran electing to pursue any other renedies or sanctions rather
than stipulated penalties which may be available to EPA by reason
of the Respondents' failure to comply with any of the requirenents
of this Consent Order. Such remedies and sanctions may include a
suit for statutory penalties up to the amount authorized by law,
a federally-funded response action, and a suit for reimbursenent
of costs incurred by the United States.
XIV. INCORroRATION OF REPORTS
Any reports, plans, specifications, schedules, and attachments
required by this Consent Order are, upon approval by EPA, incor-
porated into this Consent Order. Any non-c~liance with such
EPA-approved reports, plans, specifications, schedules, and
attachments shall be considered a failure to achieve the require-
ments of this Consent Order and will subject the Respondents to
the provisions included in Section XIII above.
YN. FORCE MAJEURE
Respondent's activities under this Consent Order shall be
performed within the tine limits set forth in the RI/FS >'brk Plan
referenced in VI above, unless performance is delayed by events
which constitute a force majeure. For purposes of this Consent
Order, a force majeure is defined as any event arising from
causes beyond the reasonable control of Respondents which could
not have been prevented by the exercise of due diligence, and which
delays the performance of any obligations required by this Consent
order. Any delay caused in whole or in part by action or inaction
by federal, state or local authorities is considered a force majeure
and shall not be deemed a violation of any obligation required by this
Consent Order. Increased costs incurred by Respondents in conducting
the RI/FS or changed economic circumstances of Respondents shall not be
considered as constituting a force majeure.
The Respondents shall notify EPA in writing no later than seven (7)
business days from the inception of any event which Respondents
contend constitutes a force majeure as defined above. The written
notice shall describe fully the nature of the delay, why the
delay is beyond the control of. the Respondents, the actions taken
and/or that will be taken to mitigate, prevent and/or minimize
further delay, the anticipated length of the delay and the timetable
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by which the actions to mitigate, prevent and/or minimize the delay will be taken. The Respondents shall adopt all reasonable rreasures to avoid or minimize any such delay.
telay that results from circumstances beyond the control of the Respondents that cannot be overcorre by due diligence on the Respondents' part shall not be deemed to be a violation of this Consent Order~ To the extent a delay is-caused by circumstances ,--··-:.cc-·beyood-the-control··Of the Respooden~s, -the schedule affected by '°' ;:.:;c.;ttie"'.cdelay·•shall ·be···extended-for a·per'iod equal to· the delay · • resulting fIT!TI · such circumstances·: ·
Failure of the Respondents to comply with the notice requirerrents of this Section shall constitute a waiver of the Respondents' right to invoke the benefits of this Section with respect to that event.
In the event that EPA and the Respondents cannot agree that a delay in compliance with the requirements of this Consent Order, including the failure to submit any report or document, has been or will be caused by a force majeure, the disagreement shall be subject to the Dispute Resolution provisions, Section XII of this order.
XVI. RESERVATION OF RIGHTS
Notwithstanding compliance with the terms of this Consent Order, including the completion of an EPA approved Remedial Investigation and Feasibility Study, the Respondents are not released fran liability, if any, for any actions beyond the terms of this Consent Order taken by EPA respecting the Site. EPA reserves the right to take any enforcement action pursuant to CERCLA/SARA and/or any available legal authority, including the rioht to seek injunctive relief, monetary penalties, and punitive damages for any violation of law or this Consent Order, and Respondents reserve their rights to oppose and defend against such claims or actions.
The Respondents and EPA expressly reserv~ all rights and defenses that they may have, including EPA's right both to disapprove of work performed by the Respondents and to request that the Respondents perform tasks in addition.to those detailed in the RI/FS W::>rk Plan, as provided in this Consent Order, if EPA determines that such actions are necessary to comply with the NCP or are required by law, and ResJX)ndents reserve their rights to oppose and defend against such claims subsequent to performance of the work. In the event that the Respondents decline to perform any additional and/or modified.tasks, EPA will have the right to undertake any such work. In addition, EPA.reserves the right to undertake removal actions at any time. In either event, EPA reserves the right
--------·-·----------· ---. .. . . ...... -·-----
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to seek reimbursement fran any responsible parties thereafter
for such costs incurred by the United States, and Respondents
reserve their rights to oppose and defend against such claims
or actions includinq that such action or resolution is inconsistent
with the Work Plan or the terns and criteria of this order.
Each of the Respondents reserves his riqht to bring any action
otherwise available against any person, as defined in Section 101(21)
of_q:RCI,A, 4~_u.s.~._§ _ _jl601(21). _Respondents reserve_all riqhts ... --~--------::--c:that .. they may.·have to assert claims against persons or entities for
.. ·-:=:~matters arising out of the Site or its operation and.ownership, --· ·
including but not limited to, claims for breach of contract, indemnity,
··-· ·contribution, nuisance and claims under federal, ·state and local laws.
Entrv into this order shall not constitute an admission of liability
for any purpose or an adjudication or waiver of any right or defense
of Respondents with respect to any present or future alleged liability
for conditions at or near the Site; or admission or adjudication of
any fact or conclusion of law arising out of the present or future
alleqed liability for conditions at or near the Site; or evidence of
any wronq-doing or misconduct or liability to any person on the part
of the Respondents. Nothing in this Order shall constitute an
admission by Respondents of the alleqations of fact, determinations,
allegations or the conclusions of law contained herein.
Except as provided in Section I. "Jurisdiction" nothing in this Order
shall in any way diminish the availability to Respondents in any
judicial or administrative proceeding of any factual or legal defense
that would otherwise be available. This Consent Order does not
constitute any decision or preauthorization of funds under Section
lll(a)(2) of CERCI.A.
XVII. REIMBURSEMENT OF COS'I'S
The Respondents shall fully reimburse EPA for all oversight
costs, not inconsistent with the NCP, which are incurred by the
U.S. Government with respect to this Consent Order. At the end
of each fiscal year, EPA shall subnit to the Respondents a demand
for payment and an accounting of the oversiqht costs which are
being claimed. The payment shall be due within thirty (30)
calendar days of the Respondents' receipt of such a demand and
payable to the "Hazardous Substance Superfund".
Checks should specifically reference the identity of the Site and
be addressed to:
u. s. Environmental Protection Aqency
Superfund Accounting
P.O. Box 371003M
Pittsburqh, PA 15251
-is -
Attention: Collection Officer for Superfund
A copy of the transmittal letter should be sent to the Project
Coordinator.
EPA reserves the right to bring an action against any responsible
party pursuant to Section 107 of CERCIA for recovery of all
oversight and other costs not inconsistent with the NCP incurred by
the United States related to this Consent Order and not reimbursed by
---_ -theRespondents_._ ... · ... _____ .. -, ----, ___ -_., ----_____ ._., __ --·-------------· ------
,--..,,
----XVIII.--OIBER "CIAIMS
Nothing herein is intended to release any claims, causes of
~-action or demands in law or equity that EPA or the Respondents
may have against any person, firm, partnership, or corporation,
not a signatory to this Consent Order, for any liability it may
have arising out of or relating in any way to the generation,
storage, treatment, handling, transportation, release, or disposal
of any hazardous substances, hazardous wastes, pollutants, or
contaminants found at, taken to, or taken frcm the Site.
This Consent Order does not constitute any decision on
preauthorization of funds under Section lll(a)(2) of CERCIA.
XIX. OIBER APPLICABLE LAWS
All actions required to be taken pursuant to this Consent Order
shall be undertaken in accordance with the requirements of all
applicable local, state, and federal laws and regulations
unless an exemption from such requirements is specifically
provided herein.
XX. INDEMNIFICATION OF THE UNITED STATES GOVERNMENT
The Respondents agree to indemnify, save, and hold harmless, but not
defend, U.S. Goverrurent, its authorized representatives, and its
contractors from any and all claims or causes of action arising
frcm or on account of acts or omissions of the Respondents, its
officers, employees, receivers, trustees, agents, assigns, or
those under Respondents control in carrying out the activities
pursuant to this Consent Order. EPA is not a party in any contract
involving the Respondents and other entities at the Site. This
Section shall not be construed as rrodifying any rights of contribution
that may otherwise be available under applicable federal or state
law.
XXI. PUBLIC WIMENT
Upon sul:rnittal to EPA of an approved Feasibility Study
Report, EPA shall make both the Remedial Investigation Final
Report and the Feasibility Study Report available to the
public for review and ccmnent for, at a minimum, a twenty-one
(21) day period, pursuant to EPA's Cornnunity Relations Policy.
Following the public review and cornnent period, EPA shall
~·. -·-·---·-: --~.:_~----~ -•·:c--.. '"-;c;=~:~--•=-/~-= .. ·~--~~ -•--~-----~-~-~--
-19 -
notify the .. Respondents which remedial. action alternative is
approved for the Site.··
XXII. EFFECTIVE Dl'ITE AND SUBSEQUENT MJDIFICATION
In consideration of the oc:mnunications between the Respondents
and EPA prior to the issuance of this Consent Order concerning
its terms, the Respondents agree that there is no need for a
·settlement conference r:>rior to the effective date of this
·---Consent Order.-Therefore, the effective date of this Consent --
:: .. Order shall be the date ori which it is· signed by the-Regional -·
·:·:·Administrator·of··EPA; Region rv • .:.. ::··=:.::·. :,: ·--.
. --. -. --. --. ----------This Consent Order may be nodified by mutual agreement of EPA
-and the Respondents.• Such rrodifications shall be in writing
and shall have as the effective date, that date on which such
rrodifications are signed by EPA.
No informal advice, guidance, suggestions, or ccmnents by EPA
reqarding reports, plans, specifications, schedules, and any
other writing submitted by the Respondents will be construed as
relieving the Respondent of their obligation to obtain such
fonnal approval as may be required by this Consent Order.
XXIII. PARTIES BOUND
This Consent Order shall apply to and be binding upon the
Respondents and EPA, their agents, successors, and assigns and
upon all persons, contractors, and consultants acting under or
for either the Respondents or EPA or both.
No change in ownership or corporate or partnership status relating
to the Site will in any way alter the status of the Respondents
or in any way alter the Respondents' responsibility under this
Consent Order. The Respondents will remain the Respondents under
this Consent Order and will be responsible for carrying out all
activities required of the Respondents under this Consent Order.
In the event of any change in ownership or coroorate partnership
status by any Respondent, such Respondent shall provide a copy of
this Consent Order to any such transferee in interest and shall
notify the EPA Project Coordinator in writing of such changes in
ownership, corporate, or partnership status and shall provide the
EPA Project Coordinator with a copy of the transmittal letter to the
new owner, corporation, partnership, or other legal entity which shc,,is
that a COPY of this Consent Order was provided by the Respondents
to them.
The Respondents shall provide a copy of this Consent Order to
all contractors, sul:rcontractors, laboratories, and consultants
within fourteen (14) calendar days of the effective date of this
Consent Order or date of such retention.
.-20-
XXIV. NOI'ICE TO 'lliE STATE
EPA has notified the State of North Carolina pursuant to the
requirements of Section 106(a) of CERCIA.
XXV. TERMINATION AND SATISFACTIOO
"·"·The provisions of this Consent Order shall be deemed satisfied
" ·· ··upon the Respondents •::.receipt of written-notice from EPA that the· ·
Respondents have denonstrated, to the satisfaction of EPA, that
all of the terms of _this Consent Order, including any additional .
tasks which EPA has detennined to be necessary, have been ccrnpleted.
Should a final decision be made to not list this site on the
National Priorities List, the responsibilities assumed by Respondents
pursuant to this Consent Order shall be terminated.
XXVI. CONTRIBUTION PROTECTION
EPA and the Respondents intend that this Consent Order will control
and be depositive of the Respondents' duties and liabilities
pertaining to the conduct of the RI/FS at this Site. It is further
EPA's and Respondents' Intent that upon ccrnpletion of the RI/FS
Respondents shall not be liable to other PRPs or parties not
signatories to this Consent Order for claims for contribution
reqardinq matters addressed in the Consent Order (i.e., the costs
associated with Respondents' conduct of the RI/FS, and EPA's
oversiqht costs). This Consent Order shall not discharge applicable
CERCIA liability of other PRPs or parties not signatories to this
Consent Order, both the total liability at the site of all PRPs not
siqnatories to this Consent Order shall be reduced by the anount of
sums spent by Respondents to conduct the RI/FS in this Consent
Order. Ho.iever, Respondents exoressly reserve any and all rights
of contribution they have against PRPs not signatories to this
Consent Order for the costs Respondents have incurred to conduct
the RI/FS.
•
-21 -
IT IS SO AGREED AND ORDERED:
BY:4~~~
C:eer C. Tidwell
Regional Administrator
U.S. Environmental Protection Agency
Region IV
APR 1 !l t.388
EFFECTIVE DATE: --------
•
• •
-22-
Clark Equipment Company, one of the Respondents in this
proceeding, has had an opportunity to confer with EPA and hereby
consents to the issuance and terms of the Administrative Order on
Consent for the performance of the Remedial Investigation and
Feasibility Study at the Macon-Dockery Site near Cordova, North
Carolina: U.S. EPA Docket No.: 88-23-C
Date: 31 March 1988
• •
-23 -
Crown Cork and Seal Canpany, one of the Respondents in.this proceeding, has
had an opportwuty to confer with EPA and hereby consents to the
issuance and terms of the Administrative Order m Consent for the
perfonrence of the Remedial Investigation and Feasibility Study at
the Macon-Dockery Site near Conlova, North Carolina: u.s. EPA Docket
No. : 83-23-C
Technical birecto
April 4, 1988
DATE
Affairs