WS-5839_20966_CA_O_20190510_WillSpencerComplaintItems

CHAR2\2130592v1
WILLIAM L. SPENCER
850 N. LIBERTY ST., WINSTON-SALEM
LUST INCIDENT 20933
IMPROPER ACTIONS BY SERVCO CONTRACTORS

1. Failure to establish or report interim milestones during remediation to track progress
towards remedial goals and evaluate effectiveness of implementation of CAP
2. Repeated, practically universal, failure to provide advance notice of entry onto property
3. Improper measurement of free product (recovery system operated until immediately prior
to free product measurement
4. Improper reuse of sampling devices during multiple sampling events; devices left
exposed to environmental conditions (precipitation, storm water runoff, etc.) between
sampling events
5. Failure to secure monitoring wells (Flush mounts broken, locks unlocked or missing, caps
or covers open or missing).
6. Failure to secure building housing remediation equipment (locks missing, broken or not
locked).
7. Failure to assess vapor intrusion risk at museum building
8. Failure to operate SVE system as described in CAP.
9. 2018 Corrective Action Evaluation Report was essentially the same as the concurrent
Groundwater Monitoring Report, not actually an evaluation as requested by DEQ
10. Evaluation Report did not provide evaluation of whether goals for active remediation had
been achieved, expected trends for future periods, milestones to evaluate effectiveness of
natural attenuation processes
11. MW-5 not sampled or discussed in any report since 2000.
12. MW 12 was lost from 11/13 to 10/17.
13. Failure to address increasing benzene concentrations in MW 9.
14. Failure to sample MW-3 for several quarters
15. Failure to properly assess groundwater flow direction. (Likely due to incorrect use of
water level data in MW-2 and MW-4. Estimated flow direction is not consistent with
distribution and transportation of constituents
16. Improper interpretation of reduction of size of MTBE and benzene plumes (because of
the lack of data form wells when lost or missing).
17. Skewed Mann-Kendall trend assessment. The assessment uses data from 2000, even
though remediation system has been active only since 2015.
18. Consistent, practically universal, failure to provide reports to property owner.
19. Failure to record any Notice of Residual Petroleum prior to sale of property by Servco to
Mr. Spencer.
20. Failure to provide draft Corrective Action Plan (“CAP”) to property owner for comment
prior to finalizing CAP and commencing implementation of remedy.